06-02-2015 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
JUNE 2,2015,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a tea..
Call to Order — City Council Regular Session
Invocation and Pledges of Allegiance to the Flats of the United States and State of
Texas. (Councilmember Thompson)
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James /D. Wait)
• Announcements and recognitions by City Manager (J. Kessel)
Presentation
• Employee Longevity Recognition — Scott Lacour, Police Department — 20 years. (J.
Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
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.
06 -02 -2015 Council Agenda
Discussion and Action Items
1. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of May 26, 2015. (J. Kessel/B. Dennis)
2. Resolution No. 15 -R -40 — Consideration and/or action approving a Resolution
Authorizing a Professional Services Agreement with Ford Engineering, Inc., relating
to Engineering Design Services for the Southern Schertz Elevated Water Storage
Tank project. (D. Wait /S. Willoughby /K. Woodlee /C. Raleigh)
3. Resolution No. 15 -R -41 — Consideration and /or action approving a Resolution
accepting the Semi - annual Report with respect to the progress of the Capital
Improvements Plan, and other matters in connection therewith. (B. James /J.
Santoya/R. Galindo)
4. Appointments/ Reappointments and Resignations to City Boards, Commissions
and Committees — Consideration and /or action regarding
appointments /reappointments and resignations to City Boards, Commissions, and
Committees. (Mayor /Council /B. Dennis)
Roll Call Vote Confirmation
Requests and Announcements
5. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
6. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
7. 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
• Upcoming City Council agenda items
Adjournment
06 -02 -2015 City Council Agenda Page - 2 -
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 28th DAY OF MAY 2015 AT 3:00
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.
grewLla T�,ewwds
Brenda Dennis, City Secretar
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF , 2015.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If ' you require special assistance or have a request for sign
interpretative services or other services please call 210 -619 -1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at
any time during the course of this meeting to discuss any of the matters listed above, as
authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Mayor Pro -Tem Edwards — Place 4
Audit Committee
Audit Committee
Interview Committee for Boards and Commissions
Hal Baldwin Scholarship Committee
Investment Advisory Committee
Interview Committee for Boards and Commissions
TIRZ II Board
Cibolo Valley Local Government Corporation
Councilmember Fowler — Place 1
Councilmember Azzoz — Place 2
Interview Committee for Boards and Commissions
Animal Control Advisory Committee
Schertz Housing Board Liaison
Sweetheart Advisory Committee
06 -02 -2015 City Council Agenda Page - 3 -
Randolph Joint Land Use Study QLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember John — Place 3
Councilmember Thompson Place 5
Lone Star Rail District
Audit Committee
06 -02 -2015 City Council Agenda Page - 4 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: June 2, 2015
Department:
Subject:
BACKGROUND
City Secretary
Minutes
The City Council held a Regular meeting on May 26, 2015.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of May 26, 2015.
ATTACHMENT
Minutes — Regular meeting May 26, 2015.
MINUTES
REGULAR MEETING
May 26, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May
26, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Deputy City Manager John Bierschwale
Executive Director Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Carpenter called the meeting to order at 6:00 p.m.
the Pledges of Allegiance to the
V Events and AnnouRrknient5
• Announcernents:of upcoming City Events Q. Bierschwale /B. James)
Carpenter recognized Executive Director Dudley Wait who provided the following
• Wednesday, May 27` °, Schertz Police Department "Coffee with a Cop Event ", 8:30-
10:30 Stlarhucks.
• Thursday; stay, :28th, Bond Committee Public Input Meeting #3, Schertz United
Methodist Church, 3460 Roy Richard Drive, 6:00 P.M.
• Thursday, May 28th, Joint Workshop with CVLGC, Cibolo and Schertz, Schertz
Council Chambers, 6:30 P.M.
• Friday, May 29th, Hog Wild 2015 - FREE Continuing Education Seminar (for all
local government elected and appointed officials & employees), (sponsored by
DNRBH), at Texas State University, San Marcos. For registration info call: Denton
Navarro Rocha Bernal Hyde & Zech, PC's San Antonio office at 210- 227 -3243.
5 -26 -201.5 Minutes Page -1-
• Saturday, May 30th, 3rd Annual. Friends 4 Fisher House Fun Run; the Run,
Auction /Raffle, Cash, etc. and Registration starts at 9:00 a.m. The event starts and
ends at JW's Bracken Saloon, 18400 FM 2252, San Antonio, TX.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who thanked staff (in general) to
those staff members who participated this weekend in all the flood emergency events.
EMS staff participated in an Ambus run and today Animal Control staff worked with San
Marcos on some animal rescues. Locally, staff checked ou,barricades in the streets. It is
all a lot of work and some people worked double shifts "," He just wanted to say thank you
to everyone for helping keep us safe and in assisting our neighbarii�g communities.
Presentation
• Proclamation recognizing the i
volunteers. (Mayor Carpenter)
Xeriscape Park and the many
)n and recognized the Henry Gutierrez Family
rpenter also recognised several of the volunteers
ie Park. and presented 'the proclamation to the
Jr. thanked the many volunteers and the City for
Corporation (CVLGC) and the City
Mayor-Carpenter recognized Justin Murray, Board President who introduced members of
his staff` 'who,- ere pre nt; Alan Cockerell, Executive Director and Regina Franke
Administrative Assistant. Mi., Murray provided a Power Point presentation with the
followinz items:
• S LGC Sch rtz /Seguin Local Government Corporation
• CVL+ ` C — Cibolo Valley Local Government Corporation
• IPP — Initially Prepared Plan
• DFC — _Desired Future Condition
• MAG — Modeled Available Groundwater
• GMA — Groundwater Management Area
• GCD — Groundwater Conservation District
CVLGC Organization:
• City of Cibolo & City of Schertz
• Governed by a Board of Directors Appointed by Each City Council
• Utilize SSLGC Staff for Administration
5 -26 -201.5 Minutes Page - 2 -
• Will Use SSLGC Infrastructure to Treat & Transport Water
Mr. Murray provided information on projected Combined Additional Water Demands for
Schertz and Cibolo through 2070.
CLBGC Project:
Milestone Proposed Timing
Water Rights
Projected Development
Design & Acquisition
Construction
Start Up /Production
Project Summary:
• Carrizo Wellfield in Eastern Wilson Cbunt3
• 10,000 ac -ft /yr Capacity
• Water Production Projected to Begin in 20
• Contract with SSLGC to Treat & Transport
• Included in the 2016 Re ,2io I PP
Mr. Murray stated that he hopes
meeting. Mayor Carpenter thank
in forming SSLGC and CVLG(
audience this eveninc as one, of tt
• Presentation and
Follins),
rii on Thursday for their joint
individuals that were involved
n Greenwald who was in the
ortheast Lakeview College. (Dr. Greg
Mayor Carpenter:, recognized Dr. Craig Follins who showed a quick video that
highlighted some of their events this past year. He also introduced his colleague, Vice
President of College; Services, Dr. Tangila Dove. He stated they had graduation .
ceremonies last week and saw a lot of students moving on to transfer to another college
or seek employment. Jh addition to what we will need in the future, education is one of
them. They get about - -12,000 students coming to them annually. They are very involved
with their feeder :schools (middle and elementary) regarding mentoring students in
reading and math. These are key factors for student success. They have already spoken
with Dr. Greg Gibson of Schertz- Cibolo- Universal City ISD to discuss the schools that
will be involved from the Schertz area. Each year the numbers of degrees increase. From
time to time they will be coming forward to share an update with you. Dr. Follins
answered questions from council.
5 -26 -201.5 Minutes Page - 3 -
Workshop
• Presentation and discussion regarding a proposed Mayor /City Council Member for the
Day Program. (B. Dennis /B. Williams)
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced Ms. Rebecca
Williams, K -12 Social Studies Coordinator with the Schertz- Cibolo- Universal City ISD
who has been working with the Historical. Preservation Commission on finding ways to
engage students in social studies, local government and the community. The 7th grade
state Texas Essential Knowledge and Skills (TEKS) pram requires students to
understand how government operates in Texas, including how state, county and local
governments come together to work. We started talking abort how the students could
witness City Council and Mayor and what you do for, day— nuking history and social
studies come alive. The students are also req fired, to understand the rights and
responsibilities of a Texas citizen. All of you serving as Mayor and Contscilmembers help
to model responsible citizenship to our students who are our future leaders.
Ms. Dennis and Ms. Williams collaboratively prrivided,a Power Point presentation of an
idea for a student Mayor and City Councilmember, for the day program and how to get
students who take Government Masses to understand the structure and functions of
government created by the Texas Constitution. They ' t,ated that the student(s) will be
expected to do the following:
7th Grade Texas History Texas Esseittial � nowledg ' Skills (TEKS):
7th 'fade Texas History TEKS Alignment:
Citizenship: The student understands the rights and responsibilities of Texas citizens in a
democratic society. The student is expected to:
- (A) identify rights of Texas citizens; and
- (B) explain a4d analyze civic responsibilities of Texas citizens and the importance of
civic participation.
8th Grade TEKS Alignment:
Citizenship: The student understands the rights and responsibilities of citizens of the
United States. The student is expected to:
5 -26 -2015 Minutes Page - 4 -
- (D) identify examples of responsible citizenship, including obeying rules and laws,
staying informed on public issues, voting, and serving on juries;
- (F) explain how the rights and responsibilities of U.S. citizens reflect our national
identity.
Constructivist Learning:
By allowing students to experience local government, they will be able to come to a
personal understanding by connecting the new experience to their previous
understanding.
Making Social Studies "Powerful ":
The National Council for the Social Studies lists
social studies"
- 1. Social Studies teaching and learning areToN,
- 2. Social Studies teaching and learning areSOC
- 3. Social Studies teaching and learning are pov
- 4. Social Studies teaching and learning are pov
- 5. Social studies teaching and learning are pow
Ms. Williams stated that students
Fall of the 2015 School year, around
participants per year and twenty (20)
Participant
istics of powerful
they are
they are
thev are
they are challenging
the learning is active
ed every ,9 weeks. Program to start
5. This would be eight (8) 9th grade
)arts per year.
th
Council Member fnr a Day—: 7: grade Texas History students who have been
nominated: by their Social Siuelie Teachers.
- Will alternat 6etween' fiddle Schools'in number
�t
• 1 Nine Week.' Corbett, Dobie, Corbett, Dobie, Corbett
• 2 Nine Weeks: Dobie, Corbett, Dobie, Corbett, Dobie
• Studeritwill report at 2:00 p.m., to the Administrative Conference Room,
Building #2 on a Tuesday. Orientation will be conducted by the
designated Councilmember from 2:00 p.m. to 5:00 p.m.
,Student will then join the designated Councilmember at the Tuesday's
Council meeting at 6:00 p.m.
th
• Mayor for a Day: 8 grade US History students who have been
nominated by their school principals.
2 students per nine week period: one from each middle school
• Student will report at 2:00 p.m., to the Administrative Conference Room,
Building #2 on a Tuesday. Orientation will be conducted by Mayor
Carpenter from 2:00 p.m. to 5:00 p.m.
• Student will then join Mayor Carpenter at the Tuesday's Council meeting
at 6:00 p.m.
5 -26 -2015 Minutes Page - 5 -
Ms. Williams and Ms. Dennis addressed questions and received other suggestions on how
to make this program even more successful such as: doing a mock council meeting,
having this meeting at a school facility, having the students tour the City, and have each
student meet with key personnel of the City. Ms. Williams and Ms. Dennis received
concurrence from Council to proceed with the program.
• Workshop discussion regarding New Foundation Construction related to Finished Floor
Elevation and Base Flood Elevation. (Requested by Councilmember Fowler) (B.
James /M. Sanchez)
Mayor Carpenter recognized Development Service
provided a Power Point presentation regarding el(
foundations. Councilman Fowler requested staff �e
surveys of the first floor foundation prior to Issuanc
new residential homes. This would provide a basic
original elevation of the foundation if at a later elate tl
issues.
concerns, an amendment to the International
al Residential Code, was adopted in April
for , additional requirements on the part of the
isure "t at ,the foundation is being installed as
ineering documents provided for each new home
and design calculations shown on
o Letter:f orri engineer verifying final grade elevations and positive drainage away
from the slab prior to C of O. This is after landscape installation.
P & Z held a workshop discussion on this item on May 1.3, 2015. . Discussion points
included:
• Foundations will float or settle so change is to be expected.
• Given varying soils conditions, foundations will move in different ways.
• During a foundation repair, the current condition of the foundation must be
considered to remedy the damage, the original level of the foundation is less
important.
5 -26 -2015 Minutes Page - 6 -
• Has the requirement for a survey of the foundation after it is poured been tested in
court of law; when a foundation fails?
• Homebuyers are always at risk.
• Suggested regulations will impose additional cost and time delay to the customer.
The final consensus was that current code requirements sufficiently address foundation
issues. Ms. Sanchez answered questions from council.
• Workshop discussion regarding the City of Schertz 2012 . International Fire Codes and
amendments thereto.) (D. Wait /D. Covington /J. Perry)
Mayor Carpenter recognized Fire Chief David Covington who stated that in conjunction .
with the updated Building Codes, Assistant Fire Chief John Perry has been reviewing
code changes and amendments. Assistant Fi Chief Perry Provided information
regarding the 2012 International Fire Codes and amendments answering questions from
Council. Some of the items included:
5 -26 -2015 Minutes Page - 7 -
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Mr. Richard Dziewit, 2550 Chasefield Drive, who spoke on the recent Memorial Day
Celebration that was held at the Schertz Veteran's Memorial Plaza.
• Ms. Clare Layton, 1.2231 Lost Meadows Drive, who spoke regarding the purpose of the
invocation provided by Mayor and Council. Ms. Layton also spoke regarding her chance
to support Mayor Carpenter.
• Ms. Melba Smith, 206 Aero, who spoke on the need f ftittir City involvement at the
Veterans Memorial Plaza.
Discussion and Action Items
Mayor Carpenter recognized City Manager John Kessel who stated we have an
agreement with Bexar County for CDBG funds and we lend them our population and
they get funded as if we were a part of that larger organization. We also get consideration
on CDBG grants, one of which we are currently working on for the trails that are being
built; the amount being a little over $60,000. Previously, we have received grants for
things ranging from sidewalks to waterlines. It is a good program for us to participate in.
Staff recommends we continue our partnership with this group. Deputy City Manager
John Bierschwale stated he strongly suggests we continue the relationship as Bexar
County has worked with us in the past and gotten us over $460,000. This is a unique
situation where these Bexar County funds extended into Guadalupe County. He cited
5 -26 -201.5 Minutes Page - 8 -
examples such as Mobile Villa (water and sewer and street improvements), other
sidewalk improvements in Guadalupe County and waterline improvements along Ware
Seguin Road, Pfeil Road, Scenic Lake Drive and others. This partnership with Bexar
County has saved the city millions of dollars on projects through the years.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -39. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John,
and Thompson voting for, no one voting no. Motion passed.
Roll Call Vote Confirmation
City Secretary Brenda Dennis provided the roll call vote information for agenda items 1 and 2.
Requests and Announcements
3
M
5.
Announcements by City Manager
Citizen Kudos
Recognition of City em
New Departmental initi
No further announcements were
placed on a future City
unity evetits`attended and to be attended
),mmittee and Liaison Assignments (see assignments below)
cation events attended and to be attended
actions by City employees
actions by community volunteers
Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that yesterday he
attended the Veterans Memorial Celebration in the City of Cibolo.
Mayor Pro -Tem Edwards also encouraged all of the Councilmembers to make it a
point to attend Thursday's Joint Workshop meeting with Cibolo Valley Local
Government Corporation and the City of Cibolo.
5 -26 -201.5 Minutes Page - 9 -
no
Mayor Carpenter recognized Councilmember Fowler who stated he attended the
following:
Thursday, May 21, SSLGC meeting(s) in Seguin — He added they continue to buy
property, mineral and water rights around the area to ensure we have what we need in
the future. The results of the audit were received and passed with no problems and
there is a good reserve of money to buy new equipment and perform maintenance.
Everything appears to be on track over there thanks to Alan. A person does not realize
how large an operation like this is. To see the different reservoirs and tanks is very
impressive to see how your water really gets here. A major project (about 42 miles)
on the waterline itself is coming up where they are ,going to update the cathodic
protection of the line. If it is not done the line will, corrode, on its own so updating it
now will be a lot cheaper than doing so later.
Thursday, May 21, Interview Committee,, for Boards, Commissions, and Committee
vacancies — they recommended appointing seven new committee 'members and the
rest were re- applying for their positions.
Sunday, May 24, EMS Awards Dinner — it vas astounding to see some of the
conditions our personnel have, to work under to save /rescue people. He respects our
Fire, EMS, and Police Departments; we have a great system herein Schertz.
Mayor Carpenter recognized Councilrneber Azzoz who stated he met with
Operation Comfort troops yesterday. They will meet again at 6:45 a.m. in the
morning and hopefully we can send. help for some of the recent flood victims in the
Houston area. He shares the pain of all the recent flood /storm victims and also
thanked otir troops for the help they are providing to everyone in need.
Mayor Carpenter recognized Cpunciltnember Thompson who stated he wanted to
thank; EM ,; echoing Mr. Fowler's words regarding the EMS Awards Dinner this past
Sunday. f also thanked the Development Services Department (Executive Director
Brian James and,his crew)'. ,Last Thursday, two different customers came into the
Schertz Chamber of Commerce offices with questions and both parties were assisted
b the city Development Services staff and taken care of within a short time period.
Whether the customer was a single family member or a large business construction
developer,, each customer was given equal attention in order to answer all their
questions: This type of service speaks very well for the City of Schertz staff.
Mayor Carpenter stated he had lunch today with the new Judson Independent School
District Superintendent, Dr. Carl A. Montoya. As Council and staff we all try our best
to maintain contacts with various stakeholders and folks around the community.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
• 2015 Charter Review Commission Final. Report
5 -26 -201.5 Minutes Page - 10 -
Executive Session
Mayor Carpenter recessed the regular meeting at 7:57 p.m. into Executive Session.
7. City Council will meet in closed session under Texas Government Code Section 551.071,
Consultation with Attorney, to discuss and deliberate legal issues associated with the
Economic Development Incentives Agreement (Amazon.com.KYDC LLC).
8. City Council will meet in closed session under Texas Government Code Section 551.074
Evaluation of the Municipal Judges and Prosecutor.
9. City Council will meet in closed session under Texas Govern ent Code Section 551.074
Evaluation of the City Manager.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session "at 9:7 p.m.
7a. Take any necessary action based on discussions 'held in closed session under Agenda
Item number 7.
No action was taken.
9a. Take, array necessary action based on discussions held in closed session under Agenda
Item nnber 9 including possible increase in salary.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Edwards to not adjust the pay of the City Manager until results are obtained from the
Classification and Compensation Study currently being conducted by Evergreen Solutions
and approve adding one more year to his current rolling three (3) year hiring contract. The
vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
John, and Thompson voting for, no one voting no. Motion passed.
Roll Call Vote Confirmation
5 -26 -2015 Minutes Page - 11 -
City Secretary Brenda Dennis provided the roll call vote information for agenda items 8a, and
9a.
Mayor Carpenter recognized Deputy City Manager John Bierschwale who came forward stating,
for clarification, could they give a release notice to Judge Takas effective July 1 since Judge
Hmcir was going to be on vacation the first two weeks of June. Mayor Carpenter stated since a
time frame was not specified in the motion, Council will allow staff to address that as they wish.
Adiournment
Meeting was adjourned at 9:52 p.m.
Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
5 -26 -201.5 Minutes Page -12 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: June 2, 2015
Department: Public Works
Subject: Resolution No. 15 -R -40— Authorizing a
Professional Services Agreement with Ford
Engineering, Inc., relating to engineering
design services for the Southern Schertz
Elevated Water Storage Tank Project and
other matters in connection therewith.
[ � 4I',T J Z111L`I 1
The City desires to construct a one - million gallon elevated storage tank as well as a three- million
gallon ground storage tank in the Southern Schertz Watershed. The first phase of the project
includes the Elevated Water Storage Tank and associated distribution water lines. This tank is
necessary to provide adequate water service to the fast - growing area. The City of Schertz is
ready to move forward with the Engineering and Design of the Elevated Tank Project. The
property for the project has been acquired by the City as unanimously approved by City Council
on March 3, 2015 by Resolution 15 -R -14. The goal is to begin construction on the elevated
storage tank and associated distribution lines by late 2015, . early 2016. . The second phase of the
project, the ground storage tank, will be scheduled in conjunction with the new distribution line
currently being planned by the Schertz Seguin Local Government Corporation.
On July 7, 2014, City Council approved On Call Engineering Contracts with four Engineering
Firms; Ford Engineering, Pape Dawson, LAN, and Cobb Fendley for the engineering and design
of various projects in the City of Schertz. Based on qualifications, experience, and history of the
project, staff recommends hiring Ford Engineering, Inc. to complete the Engineering and Design
for the Southern Schertz Elevated Water Storage Tank Project.
Southern Schertz Elevated Tank Project Budget
Engineering
$227,186
Construction
$2.5 Million (Estimated)
Legal
$3,000
Advertising
$1,000
Other Prof. Services
$5,000
Easement Acquisition
$30,000 (Estimated)
Construction Contigency
$125,000 (Estimated)
Project Total
$2,891,186
Goal
This Resolution will allow the City to secure the engineering services necessary for bidding of
project construction of the Southern Schertz Elevated Water Storage Tank Project.
Summary of Recommended Action
Based on qualifications, experience, and history of the project, staff recommends hiring Ford
Engineering, Inc. to complete the Engineering and Design for the Southern Schertz Elevated
Water Storage Tank Project for a cost of $227,186.
FISCAL IMPACT
The project costs, including Engineering and Design, will be funded with a combination of
Capital Recovery, Water Revenue and SAWS Reservation Funds:
Capital Recovery:
SAWS Reservation Funds
Water Revenue:
RECOMMENDATION
$1,250,000
$810,000
$832,000 (Estimated)
Staff recommends Council approval of Resolution 15 -R -40
ATTACHMENTS
Resolution 15 -R -40
Ford Engineering, Inc., On Call. Engineering Project Agreement
Exhibit
RESOLUTION NO. 15 -R -40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO
ENGINEERING DESIGN SERVICES TO FOR THE SOUTHERN
SCHERTZ ELEVATED WATER STORAGE TANK PROJECT, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City
requires professional services relating to engineering and design services for the Southern
Schertz Elevated Water Storage Tank Project; and
WHEREAS, City staff has determined that Ford Engineering, Inc., is qualified to provide
such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, Ford Engineering is an approved On -Call Engineering Service for the City
of Schertz; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Ford Engineering, Inc., pursuant to the On Call Engineering Project Agreement
attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
11:1.111 II
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Ford Engineering, Inc., in substantially the form set forth on Exhibit
A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person .
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 2na day of June, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
imall
ON CALL ENGINEERING PROJECT AGREEMENT
A -1
CITY OF SCHERTZ
PROJECT AGREEMENT FOR ENGINEERING SERVICES
This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a
Texas municipal corporation, hereinafter called "CITY" and /or "OWNER ", and CONSULTANT
Ford Engineering, Inc. 10927 Wye Dave, Suite 104, San Antonio, TX 78217.
Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called
"CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the
City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in
connection with the above designated Project for CITY.
ARTICLE 1
DEFINITIONS
ARTICLE 2
SCOPE OF SERVICES
ARTICLE 3
COMPENSATION FOR SERVICES
ARTICLE 4
METHOD OF PAYMENT
ARTICLE 5
TIME, SCHEDULE, AND PERIOD OF SERVICE
ARTICLE 6
COORDINATION WITH CITY
ARTICLE 7
REVISIONS TO DRAWINGS AND SPECIFICATIONS
ARTICLE 8
OWNERSHIP OF DOCUMENTS
ARTICLE 9
TERMINATION AND /OR SUPENSION OF WORK
ARTICLE 10
CONSULTANT'S WARRANTY
ARTICLE 11
ASSIGNMENT OR TRANSFER OF INTEREST
ARTICLE 12
INSURANCE REQUIREMENTS
ARTICLE 13
INDEMNIFICATION
ARTICLE 14
CLAIMS AND DISPUTES
ARTICLE 15
SEVERABILITY
ARTICLE 16
ESTIMATES OF COST
ARTICLE 17
INTEREST IN CITY CONTRACTS PROHIBITED
ARTICLE 18
CONFLICTS OF INTEREST DISCLOSURE
ARTICLE 19
STANDARD OF CARE
ARTICLE 20
RIGHT OF REVIEW AND AUDIT
ARTICLE 21
ENTIRE AGREEMENTS
ARTICLE 22
VENUE
ARTICLE 23
NOTICES
ARTICLE 24
INDEPENDENT CONTRACTOR
ARTICLE 25
CAPTIONS
ATTACHMENT I
PROJECT SCOPE OF SERVICES
ATTACHMENT 2
PROJECT DESIGN PHASES COST AND TIM1ELINE
ATTACHMENT 3
BILLING RATE SCHEDULE
Ford Eng Elevated Water Tank 5 -15 -15 Page 1
ARTICLE l: DEFINITIONS
AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS
AS SET OUT BELOW:
Agreement means this Master Agreement between CITY and CONSULTANT that
establishes the terms and conditions for all Projects to be carried out under this
Agreement.
Application for Compensation means the form CONSULTANT uses to make a request
to be paid for completed services.
Application for Payment means the form CONSTRUCTION CONTRACTOR uses to
make a request to be paid for completed work.
Certificate for Payment means the form CONSULTANT uses to make
recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment.
CITY means the City of Schertz, Texas.
Claim means a demand or assertion by one of the parties seeking, as a matter of right,
adjustment, or interpretation of the terms of this Agreement, payment of money,
extension of time, or other relief with respect to the terms of this Agreement. The term
"claim" also includes other disputes and matters in question between the OWNER and
CONSULTANT arising out of or relating to this Agreement.
Compensation means amounts paid by CITY to CONSULTANT for completed services
under this Agreement.
CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the
Project.
Construction Contract Documents means the contract between the CITY and the firm
contracted by CITY to construct the Project and all documents therein.
CONSULTANT means the entity named on the cover page of this Agreement and its
officers, partners, employees, agents, and representatives, and all its subconsultants, if
any, and all other persons or entities for which CONSULTANT is legally responsible.
ENGINEER means CITY's City Engineer.
Final Compensation means the final amounts paid by CITY to CONSULTANT for
completed services under this Agreement.
Final Payment means the final amounts paid by CITY to CONSTRUCTION
CONTRACTOR for completed work under the construction contract.
Ford Eng Elevated Water Tank 5 -15 -15 Page 2
Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable
construction cost for a Project based on its experience and qualifications as a practitioner
of its profession and the current costs in the local area.
OWNER means the City of Schertz, Texas.
Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work
performed under the Construction Contract Documents.
Plans and Specifications means the construction documents.
Project means the capital improvement/construction development undertaking of CITY
for which CONSULTANT'S services, as stated in the Scope of Services, and to be
provided pursuant to this Agreement.
Proposal means CONSULTANT'S proposal to provide services for the Project.
Schedule of Values means the fees allocated to services, reimbursable and/or various
portions of the services or Work, prepared in such form, and supported by such data to
substantiate its accuracy as OWNER may require.
Scope of Services means the services described in Article 4, Scope of Services.
Services means professional services performed by CONSULTANT.
Total Compensation means the amount paid to CONSULTANT under Article 2,
Compensation for Basic Services, of this Agreement.
Work means the labor and materials required to complete a Project by
CONSTRUCTION CONTRACTOR in accordance with the Construction Contract
Documents.
ARTICLE 2: SCOPE OF SERVICES
2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of
the Project and being notified in writing to proceed. The scope of the Project and
CONSULTANT'S Services required shall be reduced by CONSULTANT to a written
summary of the scope meeting. That Scope of Services and associated time schedule,
along with cost, once approved by CITY, will be included as a part of this Agreement as
Attachments 1 and 2 herein. Should the scope subsequently change, either
CONSULTANT or CITY may request a review of the anticipated services, with an
appropriate adjustment in compensation.
2.2 Communications by and with CONSULTANT'S subconsultants shall be through
CONSULTANT. Communications by and with subcontractors and material suppliers shall
be through CONSTRUCTION CONTRACTOR.
2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the
professional Services described in this Section that are necessary for the development of
Ford Eng Elevated Water Tank 5 -15 -15 Page 3
the Project, including plans and specifications, construction management services, any
special and general conditions, and instructions to bidders as acceptable to the Engineer,
or his or her duly authorized representative.
2.4 CONSULTANT shall complete a Project in accordance with the following phases and
CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1
and 2.
2.4.1 PROJECT DESIGN PHASES
2.4.2
Preliminary Engineering Report
2.4.3
30% Design
2.4.4
60% Design
2.4.5
90% Design
2.4.6
Bid Documents and Services
2.4.7
Construction Phase Services
2.4.8
Project Close Out and Final Payment
2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a
Phase of work, as set forth in the Scope of Services, Engineer shall authorize
CONSULTANT, in writing, to proceed with the next phase of Work.
2.6 During Design Phases CONSULTANT shall:
2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate
throughout the Project. Assist staff at meetings with stakeholders, workshops,
and presentations to advisory commissions and City Council.
2.6.2 Provide the necessary field survey services to determine the existing field
conditions, including all utilities and surface features to the maximum extent
possible.
2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where
possible.
2.6.4 In the event electrical, communication, gas or other facilities are encountered,
CONSULTANT shall identify and incorporate those facilities at the completion of
each Project Phase in order to determine the magnitude of any potential
adjustment.
2.6.5 Perform the necessary testing to determine the existing site conditions and proper
design for construction and methods of any necessary demolition.
2.6.6 Follow and comply with the requirements for the Design Phases listed in this
Agreement, CITY'S Unified Development Code, if applicable, and CITY'S
Design Guidance Manual, both of which are incorporated by reference herein.
2.6.7 In case of conflicts, follow and comply with the most stringent requirements for
the Design Phases.
Ford Eng Elevated Water Tank 5 -15 -15 Page 4
2.6.8 Prepare documents for, and coordinate with other utilities and associated local,
state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as
required for the approval of all necessary permits (determined during scoping for
each individual project).
2.6.9 Provide detailed plans and specifications for the Project at appropriate progress
intervals in requested formats (may include hard copy, .pdf, and .dwg).
2.6.10 Provide Opinion of Probably Construction Cost.
2.7 During Bid Phase CONSULTANT shall:
2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents.
2.7.2 Provide bid sets of contract, technical specifications, plans, and any other
necessary documents in hard copy and digital format.
2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as
necessary.
2.7.4 Research qualifications and references of apparent low bidder(s) and provide a
letter of recommendation for contract award.
2.8 During Construction Phase:
2.8.1 CONSULTANT shall monitor construction schedule.
2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site
at intervals appropriate to the Phases to (1) become generally familiar with and to
keep CITY informed about the progress and quality of the portion of the Work
completed, and (2) endeavor to guard CITY against defects in Work. However,
CONSULTANT will not be required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the Work.
2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible
for, the construction means, methods, techniques, sequences or procedures, or for
the safety precautions and programs in connection with the Work since these are
solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the
Contract Documents. CONSULTANT'S efforts will be directed toward providing
for CITY a greater degree of confidence that the completed Work will generally
conform to the Contract Documents.
2.8.4 CONSULTANT will not be responsible for CONSTRUCTION
CONTRACTOR'S failure to perform the Work in accordance with the
requirements of the Contract Documents. CONSULTANT will not have control
over or charge of and will not be responsible for acts or omissions of
CONSTRUCTION CONTRACTOR, subcontractors, or their agents or
employees, or any other persons or entities performing portions of the Work.
Ford Eng Elevated Water Tank 5 -15 -15 Page 5
2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to
the Contract Documents. Whenever CONSULTANT or CITY considers it
necessary or advisable, either CITY or CONSULTANT may require inspection or
testing of the Work whether or not such Work is fabricated, installed or
completed. However, neither this authority of CONSULTANT or CITY, nor a
decision made by either, in good faith, to require or not require an inspection shall
give rise to a duty or responsibility of CONSULTANT or CITY to
CONSTRUCTION CONTRACTOR, subcontractors, material and equipment
suppliers, agents or employees, or other persons or entities performing portions of
the Work.
2.8.6 CONSULTANT will review and approve or take other appropriate action upon
CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings,
Product Data and Samples, but only for the limited purpose of checking for
conformance with information given and the design concept expressed in the
Contract Documents. CONSULTANT will respond to submittals such as Shop
Drawings, Product Data, and Samples pursuant to the procedures set forth in the
Project specifications. Review of such submittals is not conducted for the purpose
of determining the accuracy and completeness of equipment or systems, all of
which remain the responsibility of CONSTRUCTION CONTRACTOR as
required by the Contract Documents. CONSULTANT'S review of
CONSTRUCTION CONTRACTOR'S submittals shall not relieve
CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review
shall not constitute approval of safety precautions or any construction means,
methods, techniques, sequences or procedures unless otherwise specifically stated
by CONSULTANT. CONSULTANT'S approval of a specific item shall not
indicate approval of an assembly of which the item is a component.
2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION
CONTRACTOR'S Application for Payment review the Application for Payment
and either issue to OWNER and/or the affected utility a Certificate for Payment
for such amount as CONSULTANT determines is properly due, or notify
OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing
of CONSULTANT'S reasons for withholding recommendation of approval in
whole or in part.
2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a
representation by CONSULTANT to OWNER, based on CONSULTANT'S
evaluation of the Work and the data comprising the Application for Payment, that
the Work has progressed to the point indicated and that, to the best of
CONSULTANT'S knowledge, information and belief, the quality of the work is
in accordance with the design agreement documents or Construction Contract
Documents. The foregoing representations are subject to an evaluation of the
Work for conformance with the design agreement documents, to results of
subsequent tests and inspections, to correction of minor deviations from the
design agreement documents prior to completion, and to any specific
qualifications expressed by CONSULTANT. The issuance of a Certificate for
Payment based on the CONSTRUCTION CONTRACTOR'S Application for
Ford Eng Elevated Water Tank 5 -15 -15 Page 6
Payment will further constitute a representation that CONSTRUCTION
CONTRACTOR is entitled to payment in accordance with the Schedule of
Values. The issuance of Certificate for Payment will not be a representation that
CONSULTANT has (1) made exhaustive or continuous on -site inspections to
check the quality or quantity of the Work, (2) reviewed construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by
OWNER to substantiate Construction Contractor's right to payment, or (4) made
any examination to ascertain how or for what purpose CONSTRUCTION
CONTRACTOR has used money previously paid on account of the Application
for Payment sum.
2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole
or in part, to the extent reasonably necessary to protect OWNER if, in
CONSULTANT'S opinion, the representations to OWNER required by Section
4.13 cannot be made. If CONSULTANT is unable to recommend approval of
payment in the amount of the Application, CONSULTANT will notify OWNER
and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER
and CONSULTANT cannot agree on a revised amount, CONSULTANT will
promptly issue a Certificate for Payment for the amount for which
CONSULTANT is able to make such representations to OWNER.
CONSULTANT may also recommend withholding a Payment, because of
subsequently discovered evidence, may modify the whole or a part of a Certificate
for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to
protect OWNER and the affected utility from loss for which CONSTRUCTION
CONTRACTOR is responsible, including loss resulting from acts and omissions
described below:
2.8.9.1 defective Work not remedied;
2.8.9.2 third party claims filed or reasonable evidence indicating probable
filing of such claims for which CONSTRUCTION CONTRACTOR is
responsible hereunder unless security acceptable to OWNER and the
affected utility is provided by CONSTRUCTION CONTRACTOR;
2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments
properly to the subcontractors and/or material providers;
2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid
balance of the agreement sum and CONSTRUCTION CONTRACTOR
has failed to provide OWNER and the affected utility adequate
assurance of its continued performance within a reasonable time after
demand;
2.8.9.5 damage to OWNER or another contractor;
Ford Eng Elevated Water Tank 5 -15 -15 Page 7
2.8.9.6 reasonable evidence that the Work will not be completed within the
agreement time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay; or
2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out
the Work in accordance with the Construction Contract Documents.
2.8.10 When the above reasons for withholding payment are removed, payment will be
made for amounts previously withheld. OWNER shall not be deemed in default
by CONSULTANT by reason of withholding payment as provided herein.
2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and,
with concurrence of OWNER, OWNER'S designated representative will have
authority to order minor changes in the Work not involving an adjustment in the
Total Compensation or an extension of the time for construction. Such changes
shall be effected by written order, which CONSTRUCTION CONTRACTOR
shall carry out promptly and record on the as -built plan.
2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR,
CONSULTANT will issue its interpretation of the requirements of the Plans and
Specifications. CONSULTANT'S response to such requests will be made in
writing within any agreed time limits or otherwise with reasonable promptness. If
no agreement is made concerning the time within which interpretations required
by CONSULTANT shall be furnished in compliance with Article IV, then delay
shall not be recognized on account of failure by CONSULTANT to furnish such
interpretations until 15 days after written request is made for CONSULTANT'S
interpretation.
2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and
reasonably inferable from the Construction Contract Documents and will be in
writing or in the form of drawings.
2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to
CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but
CITY reserves the right to issue instructions directly to CONSTRUCTION
CONTRACTOR through inspectors or other designated CITY representatives.
2.8.15 CONSULTANT and CITY will conduct observations to determine the date of
substantial completion of the Work. CONSULTANT shall provide to CITY a
Written recommendation of consideration of substantial completion of the Project.
2.8.16 CONSULTANT and CITY will conduct observations to determine the date of
final completion. CONSULTANT will receive and forward to CITY, for CITY'S
review and records, written warranties and related documents required by the
Construction Contract Documents and assembled by CONSTRUCTION
CONTRACTOR, and will issue a final Approval for Payment upon compliance
with the requirements of the Construction Contract Documents. Such final
Approval will be accompanied by a signed and sealed statement from the
Ford Eng Elevated Water Tank 5 -1545 Page 8
CONSULTANT'S Engineer of Record that certifies to CITY that the project was
constructed in accordance with the approved plans and specifications.
2.8.17 CONSULTANT shall prepare record drawings from information submitted by
CONSTRUCTION CONTRACTOR and from CONSULTANT'S own
observations in accordance with City standards. CONSULTANT shall provide
record drawings in hard copy, .pdf, and .dwg formats to CITY.
ARTICLE 3: COMPENSATION FOR SERVICES
3.1 Basic Services
3.1.1 Compensation for all Services included in this Agreement will be on a time and
expense not -to- exceed basis in accordance with the negotiated, approved schedule
of billing rates as set forth in Attachment 3. Not -to- exceed compensation
amounts, to the extent they have been negotiated shall be reflected in Attachment
2. A Proposal including a not -to- exceed cost will be provided by
CONSULTANT along with a Scope of Services for each Project (Attachments 1
and 2). The amount to be paid to CONSULTANT, including authorized
adjustments, is the total amount payable by OWNER to CONSULTANT for
performance of the Services for the Project under this Agreement. It is agreed
and understood that such amount will constitute full compensation to
CONSULTANT for Services included in the Scope of Services and shall meet all
requirements of CITY'S design guidelines applicable to the Project. Unless and
until CITY makes further appropriations for any Services not included in the
Scope of Services of this Agreement, the obligation of CITY to CONSULTANT
for Compensation in connection with this Agreement cannot and will not exceed
the sum described in this Section without further amendment to this Agreement.
3.1.2 No billing rate changes from those approved as Attachment 3 of this Agreement
shall be made during the term of this Agreement without the prior written
approval of CITY.
3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services
performed the preceding month. CONSULTANT'S invoices shall include the
name of the person who performed the Service, a brief description of the Service
performed and the Phase of the Project to which the Service relates, the date(s)
the Service was performed, the number of hours spent on all Services billed on an
hourly basis, and a description of any subconsultant fees and /or reimbursable
expenditures.
3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses
specifically approved in this Agreement, or specifically approved in advance by
CITY. Unless otherwise approved, such costs shall be limited and include
nothing more than the following costs incurred by CONSULTANT:
3.1.4.1 Approved reproduction charges,
Ford Eng Elevated Water Tank 5 -15 -15 Page 9
3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services
that CONSULTANT agrees to provide pursuant to this Agreement,
which have been approved in advance by CITY and awarded in
accordance with this Agreement.
3.1.4.3 Actual costs and /or other costs and/or payments specifically authorized
in advance by the CITY in writing and incurred by CONSULTANT in
the performance of this Agreement.
3.1.5 CONSULTANT shall complete the Project in accordance with the following
phases. For the purpose of establishing portions of compensation for separate
phases, more particularly described in the Scope of Services, Attachment 2 shall
apply.
Preliminary Engineering Report
30% Design
60% Design
90% Design
Bid Documents and Services
Construction Phase Services
Project Close Out and Final Payment
3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from
OWNER, pay all bills for Services performed and furnished hereunder by
subconsultant(s) of CONSULTANT in connection with the Project and the
performance of services and shall, if requested, provide OWNER with evidence
of such payment. CONSULTANT'S failure to make payments within such time
shall constitute a material breach of this Agreement unless CONSULTANT is
able to demonstrate to OWNER bona fide disputes associated with the Services of
the unpaid subconsultant and its services. CONSULTANT shall include a
provision in each of its sub agreements imposing the same payment obligations on
its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER
so requests, shall provide evidence of such payments by CONSULTANT to
OWNER. If CONSULTANT has failed to make payment promptly to the
subconsultant for undisputed Services for which OWNER has made payment to
CONSULTANT, OWNER shall be entitled to withhold future payment to
CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to
protect OWNER.
3.1.7 CONSULTANT warrants that title to all deliverables produced in the
performance of Services covered by an Application for Compensation will pass to
OWNER no later than the time of payment. CONSULTANT further warrants that
upon submittal of an Application for Compensation, all Services for which
Applications for Compensation have been previously issued and payments
received from OWNER shall, to the best of CONSULTANT'S knowledge,
information and belief be free and clear of liens, claims, security interests or
encumbrance in favor of CONSULTANT, or other persons or entities under
contract with CONSULTANT making a claim by reason of having provided labor
Ford Eng Elevated Water Tank 5 -15 -15 Page 10
or services relating to CONSULTANT'S Services. CONSULTANT SHALL
INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS,
CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY
ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED
BY PAYMENTS MADE BY OWNER TO CONSULTANT.
3.2 Additional Services
3.2.1 CONSULTANT shall not receive any compensation for additional Services
without prior written authorization of CITY. Compensation for duly authorized
additional Services shall be paid in accordance with the approved schedule of
billing rates as set forth in Attachment 3.
3.2.2 Examples of additional Services (not all inclusive)
3.2.2.1 Assistance to CITY as an expert witness in any litigation with third
parties arising from the development of construction of a Project
including the preparation of engineering data and reports.
3.2.2.2 Preparation of plats and field notes for acquisition of property.
3.2.2.3 Preparation of applications and supporting documents for governmental
grants, loans, or advances in connection with a Project; preparation of
review of environmental assessment and impact statements; review and
evaluation of the effect on the design requirements of a Project of any
such statements and documents prepared by others; and assistance in
obtaining approval of authorities having jurisdiction over the
anticipated environmental impact of a Project.
3.2.2.4 Making revisions in drawings, specifications, or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws, or regulations subsequent to the preparation of such documents or
are due to other causes not solely within the control of
CONSULTANT.
3.2.2.5 Making revisions to drawings or specifications occasioned by
acceptance of substitutions proposed by CONSTRUCTION
CONTRACTOR; and Services after the award of each contract in
evaluating and determining the acceptability of an unreasonable or
excessive number of substitutions proposed by CONSTRUCTION
CONTRACTOR.
3.2.2.6 Preparing drawings, specifications, and supporting data and providing
other Services in connection with change order requests to the extent
that the adjustment in the basic compensation resulting from the
adjusted construction cost is not commensurate with the Services
required of CONSULTANT, provided such change order requests are
Ford Eng Elevated Water Tank 5 -15 -15 Page 11
required by causes not solely within the control of CONSULTANT; or
in connection with change orders requiring significant engineering
effort to compute and document the Work effort reflected by the
Change Order.
3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of
facilities, construction and /or services not required by Project scope.
3.2.2.8 Investigations, surveys, audit, or inventories required in connection
with construction performed by CITY.
3.2.2:9 Additional Services during construction made necessary by:
3.2.2.9.1 Work damaged by fire or other cause during construction.
3.2.2.9.2 A significant amount of defective or neglected work of
CONSTRUCTION CONTRACTOR.
3.2.2.9.3 Failure of performance of CONSTRUCTION
CONTRACTOR.
3.2.2.9.4 Acceleration of the progress schedule required by CITY
involving Services beyond normal working hours.
3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR.
3.2.2.10 Providing extensive assistance in the use of any equipment or system
such as initial start-up or testing, adjusting and balancing, preparation
of operation and maintenance manuals, training personnel for operation
and maintenance, and consultation during operation.
3.2.2.11 Providing Services relative to future facilities, systems, and equipment
which are not intended to be constructed during the Construction Phase.
3.2.2.12 Services after completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
deficiencies under guarantee called for in any contract for a Project.
3.2.2.13 Providing Services of geotechnical engineering firm to perform test
borings and other soil or foundation investigations and related analysis
not included in original Scope of Services for a Project.
3.2.2.14 Additional copies of Construction Contract Documents, review
documents, bidding documents, reports, and or drawings over the
number specified in the original Scope of Services for a Project.
3.2.2.15 Preparation of all documents dealing with 404 permits and railroad
agreements.
Ford Eng Elevated Water Tank S -1S -1S Page 12
3.2.2.16 Providing photographs, renderings, or models for CITY use.
3.2.2.17 Providing aerial mapping Services.
3.2.2.18 Providing consulting engineering Services not related to a particular
design or construction Project.
3.3 All Applications for Compensation shall be submitted through Engineer's office.
ARTICLE 4: METHOD OF PAYMENT
4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly
Applications for Compensation prepared based on hourly rates, not to exceed amounts
estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof.
4.2 Project Close Out and Final Payment —
4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits
to OWNER its affidavit that the invoices for services, and other liabilities
connected with the services for which OWNER, or OWNER'S property, might be
responsible have been fully paid or otherwise satisfied or will be paid from final
payment; releases and waivers of liens from all CONSULTANT'S subconsultants
and of any and all other parties required by OWNER that are either unconditional
or conditional on receipt of final payment; certificates of insurance showing
continuation of required insurance coverage; such other documents as OWNER
may request; and consent of surety to final payment.
4.2.2 Final Compensation — The final compensation to be made by CITY to
CONSULTANT will be payable upon submission of the "Record Drawings ".
CONSULTANT agrees to submit "Record Drawings: in print media, electronic
format (.pdf and .dwg formats) and final billing within 45 days of final acceptance
of construction. Additionally, CONSULTANT agrees to submit a statement of
release with the final billing notifying CITY that there is no further compensation
owed to CONSULTANT by CITY beyond the final bill. Final billing shall
indicate "Final Bill — no additional compensation is due to CONSULTANT ".
4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S
opinion, to protect OWNER from damage or loss for which CONSULTANT is
responsible, because of,
4.3.1 delays in the performance of CONSULTANT'S services;
4.3.2 third party claims filed or reasonable evidence indicating probable filing of such
claims unless security acceptable to OWNER is provided by CONSULTANT;
4.3.3 failure of CONSULTANT to make payments properly to subconsultants or
vendors for labor, materials or equipment;
Ford Eng Elevated Water Tank 5 -15 -15 Page 13
4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the
amount unpaid under this Agreement;
4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or
4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services
in accordance with this Agreement.
4.4 When the above reasons for withholding are removed or remedied by CONSULTANT,
compensation of the amount withheld will be made within a reasonable time. OWNER
shall not be deemed in default by reason of withholding compensation as provided for in
this Article.
4.5 In the event of any dispute(s) between the parties regarding the amount properly payable
for any Phase or as final Compensation, or regarding any amount that may be withheld by
OWNER, CONSULTANT shall be required to make a claim pursuant to and in
accordance with the terms of this Agreement and follow the procedures provided herein
for the resolution of such dispute. In the event CONSULTANT does not initiate and
follow the claims procedures provided in this Agreement in a timely manner and as
required by the terms thereof, any such claim shall be waived.
4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than
30 days after CONSULTANT'S final Application for Compensation.
4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims
except those previously made in writing and identified by CONSULTANT as unsettled at
the time of final Application for Compensation.
4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to
OWNER and all applicable utility providers in connection with any and all Services
performed hereunder. CONSULTANT agrees to retain all such books, payrolls and
records (including data stored in computer) for a period of not less than four years after
completion of Work. At all reasonable times, OWNER and all applicable utility providers
and their duly authorized representatives shall have access to all personnel of
CONSULTANT and all such books, payrolls and records, and shall have the right to audit
same.
ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE
5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project
Design Phases, Attachment 2.
5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its
obligations for the various Phases of a Project under Section 4, Scope of Services, of this
Agreement in a prompt and continuous manner so as to not delay the development of the
design Services and so as to not delay the construction of the work for the Project in
accordance with the schedules approved by CITY with CONSTRUCTION
CONTRACTOR. Upon review of phase Services, if corrections, modifications,
Ford Eng Elevated Water Tank 5 -15 -15 Page 14
alterations, or additions are required of CONSULTANT, these items shall be completed
by CONSULTANT before that Phase is approved.
5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without
written authorization from the Engineer. CITY may elect to discontinue
CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any
other provisions of this Agreement, if circumstance dictates, the Engineer may make
adjustments to the scope of CONSULTANT'S obligations at any time to achieve the
required design.
5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts
of God, national emergency, acts of the public enemy, governmental restrictions, laws or
regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21
days from the occurrence of any event for which time for performance by
CONSULTANT will be significantly extended under this provision, CONSULTANT
shall give written notice thereof to CITY stating the reason for such extension and the
actual or estimated time thereof. If CITY determines that CONSULTANT is responsible
for the need for extended time, CITY shall have the right to make a Claim as provided in
this Agreement.
5.5 Term of Agreement shall be as follows:
5.5.1 This Agreement shall become effective upon full execution and shall remain in
effect until satisfactory completion of the Project unless terminated as provided
for in this Agreement.
ARTICLE 6: COORDINATION WITH CITY
6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her
representatives to the end that the Project as developed shall have the full benefit of
CITY'S experience and knowledge of existing needs and facilities, and be consistent with
its current policies and standards. To assist CONSULTANT in this coordination, CITY
shall make available for CONSULTANT'S use in planning and designing the Project all
existing plans, maps, statistics, computations and other data in its possession relative to
existing facilities and to this particular Project, at no cost to CONSULTANT. However,
any and all such information shall remain the property of CITY and shall be returned by
CONSULTANT upon termination or completion of the Project or if instructed to do so by
the Engineer.
6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed
under this Agreement. The Engineer shall have complete authority to transmit
instructions, receive information, interpret and define CITY'S policies and decisions with
respect to materials, equipment, elements and systems pertinent to CONSULTANT'S
services.
6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or
otherwise become aware of any defect in CONSULTANT'S Services, in the work of
Ford Eng Elevated Water Tank 5 -15 -15 Page 15
CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing
of CONSULTANT'S Services.
6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope
of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and
permits assigned to CITY shall be obtained from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
necessary for the completion of the Project. CONSULTANT will provide CITY
reasonable assistance in connection with such approvals and permits such as the
furnishing of data compiled by CONSULTANT pursuant to other provisions of this
Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare
extensive reports or appear at hearings or the like unless compensated therefore under
other provisions of this Agreement.
ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS
7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings,
reports or other documents as may be required to meet the needs of CITY which are
within the Scope of Services, but after the approval of drawings, reports or other
documents and specifications by CITY, any revisions, additions, or other modifications
made at CITY'S request which involve extra services and expenses to CONSULTANT
shall be at additional compensation to CONSULTANT for such additional Services and
expenses in accordance with Article 3 herein.
ARTICLE 8: OWNERSHIP OF DOCUMENTS
8.1 All previously owned documents, including the original drawings, estimates,
specifications, and all other documents and data by CONSULTANT, will remain the
property of CONSULTANT as instruments of service. However, CONSULTANT
understands and agrees that CITY shall have free access to all such information with the
right to make and retain copies of previously owned drawings, estimates, specifications
and all other documents and data. Any reuse without specific written verification or
adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal
exposure to CONSULTANT.
8.2 All completed documents submitted by CONSULTANT for final approval or issuance of
a permit shall bear the seal with signature and date adjacent thereto of a registered
professional engineer licensed to practice in the State of Texas.
8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own
exclusively any and all information in whatsoever form and character produced and/or
maintained in accordance with, pursuant to, or as a result of this Agreement and shall be
used as CITY desires and documents, including the original drawings, estimates,
specifications and all other documents and data shall be delivered to CITY at no
additional cost to CITY upon request or termination or completion of this Agreement
without restriction on future use. However, any reuse without specific written verification
or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to
CONSULTANT.
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8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in
any materials provided to CONSULTANT. Such protection of proprietary rights by
CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for
publication of copyright mark reserving all rights to CITY. Additionally, any materials
provided to CONSULTANT by CITY shall not be released to any third party without the
written consent of CITY and shall be returned intact to CITY upon termination or
completion of this Agreement or if instructed to do so by the Engineer.
8.S CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW
COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN
WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING
ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER
COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS
AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT
BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR
OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT
SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR
OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED
HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND
DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND
PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN
INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY
CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS
AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE
SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY RIGHTS.
8.6 CONSULTANT may make copies of any and all documents and items for its files.
CONSULTANT shall have no liability for changes made to or use of the drawings,
specifications and other documents by other engineers, or other persons, subsequent to the
completion of the Project. CONSULTANT shall appropriately marls all changes or
modifications on all drawings, specifications and other documents by other engineers or
other persons, including electronic copies, subsequent to the completion of the Project.
8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies
(also known as hard copies) and .pdf- format electronic versions that are sealed and signed
by CONSULTANT. Files in editable electronic media format of text, data, graphics, or
other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for
convenience of CITY or any utility. Any conclusion or information obtained or derived
from such electronic files will be at the user's sole risk. Any reuse without specific written
verification or adaptation by CONSULTANT will be at CITY'S sole risk and without
liability to CONSULTANT.
8.8 Notwithstanding anything to the contrary contained herein, all previously owned
intellectual property of CONSULTANT, unless expressly purchased by CITY, including
but not limited to any computer software (object code and source code), tools, systems,
equipment or other information used by CONSULTANT or its suppliers in the course of
delivering the Services hereunder, and any know -how, methodologies, or processes used
Ford Eng Elevated Water Tank 5 -15 -15 Page 17
by CONSULTANT to provide the services or protect deliverables to CITY, including
without limitation, all copyrights, trademarks, patents, trade secrets, and any other
proprietary rights inherent therein and appurtenant thereto shall remain the sole and
exclusive property of CONSULTANT or its suppliers.
ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK
9.1 Right of Either Party to Terminate for Default
9.1.1 This Agreement may be terminated by either party for substantial failure by the
other party to perform (through no fault of the terminating party) in accordance
with the terms of this Agreement and a failure to cure as provided in this Article
9.
9.1.2 The party not in default must issue a signed, written notice of termination (citing
this paragraph) to the other party declaring the other party to be in default and
stating the reason(s) why they are in default. Upon receipt of such written notice
of default, the party in receipt shall have a period of ten days to cure any failure to
perform under this Agreement. Upon the completion of such 10 -day period
commencing upon receipt of notice of termination, if such party has not cured any
failure to perform, such termination shall become effective without further written
notice.
9.2 Right of CITY to Terminate
9.2.1 CITY reserves the right to terminate this Agreement for reasons other than
substantial failure by CONSULTANT to perform by issuing a signed, written
notice of termination (citing this paragraph) which shall take effect on the
twentieth day following receipt of said notice or upon the scheduled completion
date of the performance Phase in which CONSULTANT is then currently
working, whichever effective termination date occurs first.
9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate
9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the
convenience of CITY by issuing a signed, written notice of suspension (citing this
paragraph) which shall outline the reasons for the suspension and the expected
duration of the suspension, but such expected duration shall in no way guarantee
what the total number of days of suspension will occur. Such suspension shall
take effect immediately upon receipt of said notice of suspension by
CONSULTANT.
9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement
in the event such suspension extends for a period in excess of 120 days.
CONSULTANT may exercise this right to terminate by issuing a
signed, written notice of termination (citing this paragraph) to CITY
after the expiration of 120 days from the effective date of the
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suspension. Termination (under this paragraph) shall become effective
immediately upon receipt of said written notice by CITY.
9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination
9.4.1 Upon receipt of a notice of termination and prior to the effective date of
termination, unless the notice otherwise directs or CONSULTANT immediately
takes action to cure a failure to perform under the cure period set out in this
Article. CONSULTANT shall immediately begin the phase -out and the
discontinuance of all services in connection with the performance of this
Agreement and shall proceed to promptly cancel all existing orders and contracts
insofar as such orders and contracts are chargeable to this Agreement. Within 30
days after receipt of such notice of termination (unless CONSULTANT has
successfully cured a failure to perform) CONSULTANT shall submit a statement
showing in detail the Services performed under this Agreement prior to the
effective date of termination. CITY shall have the option to grant an extension to
the time period for submittal of such statement.
9.4.2 Copies of all completed or partially completed specifications and all
reproductions of all completed or partially completed designs, plans and
attachments prepared under this Agreement prior to the effective date of
termination shall be delivered to CITY, in the form requested by CITY as a
precondition to final payment. These documents shall be subject to the restrictions
and conditions set forth in Article IX above.
9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT
that proportion of the prescribed Compensation which the Services actually
performed under this Agreement bear to the total Services called for under this
Agreement, less previous payments of the Compensation.
9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds.
CONSULTANT acknowledges this duty on the part of CITY. To this end,
CONSULTANT understands that failure of CONSULTANT to comply with the
submittal of the statement and documents as required above shall constitute a
waiver by CONSULTANT of any and all rights or claims for compensation for
services performed under this Agreement by CONSULTANT.
9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and
documents as required above shall constitute a waiver by CONSULTANT of any
and all rights or claims to collect monies that CONSULTANT may otherwise be
entitled to for services performed under this Agreement.
9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension
9.5.1 Upon receipt of written notice of suspension, which date shall also be the
effective date of the suspension, CONSULTANT shall, unless the notice
otherwise directs, immediately begin to phase -out and discontinue all services in
connection with the performance of this Agreement and shall proceed to promptly
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suspend all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement.
9.5.2 CONSULTANT shall prepare a statement showing in detail the Services
performed under this Agreement prior to the effective date of suspension.
9.5.3 Copies of all completed or partially completed designs, plans, and specifications
prepared under this Agreement prior to the effective date of suspension shall be
prepared for possible delivery to CITY but shall be retained by CONSULTANT
until such time as CONSULTANT may exercise the right to terminate.
9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after
the effective suspension date, within 30 days after receipt by CITY of
CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel
all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement and shall submit the above referenced statement
showing in detail the services performed under this Agreement prior to the
effective date of suspension.
9.5.5 Any documents prepared in association with this Agreement shall be delivered to
CITY as a precondition to final payment.
9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that
proportion of the prescribed Compensation which the Services actually performed
under this Agreement bear to the total Services called for under this Agreement,
less previous payments of Compensation.
9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds.
CONSULTANT acknowledges this duty on the part of CITY. To this end,
CONSULTANT understands that failure of Consultant to substantially comply
with the submittal of the statements and documents as required herein shall
constitute a waiver by CONSULTANT of any portion of the Compensation for
which CONSULTANT did not supply such necessary statements and /or
documents.
ARTICLE 10: CONSULTANT'S WARRANTY
10.1 CONSULTANT warrants that it has not employed or retained any company or person
other than a bona fide employee working solely for CONSULTANT to solicit or secure
this Agreement, and that it has not, for the purpose of soliciting or securing this
Agreement, paid or agreed to pay any company or person, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach of this warranty, CITY shall have the
right to terminate this Agreement under the provisions of Article 9 above.
ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST
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11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior
written consent of CITY.
ARTICLE 12: INSURANCE REQUIREMENTS
12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall
furnish copies of all required endorsements and an original completed Certificate(s) of
Insurance to CITY'S Engineering Department, which shall be clearly identified with the
name of the Project in the Description of Operations block of the Certificate. The original
Certificate(s) shall be completed by an agent and signed by a person authorized by that
insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or
Binders as proof of insurance. The original certificate(s) or form must have the agent's
original signature, including the signer's company affiliation, title and phone number, and
be mailed, with copies of all applicable endorsements, directly from the insurer's
authorized representative to CITY. CITY shall have no duty to pay or perform under this
Agreement until such certificate and endorsements have been received and approved by
CITY'S Engineering Department. No officer or employee other than CITY'S Risk
Manager shall have authority to waive this requirement.
12.2 CITY reserves the right to review the insurance requirements of this Article during the
effective period of this contract and any extension or renewal hereof and to request
modification of insurance coverage's and their limits when deemed necessary and prudent
by CITY'S Risk Manager based upon changes in statutory law, court decisions, or
circumstances surrounding this contract. In no instance will CITY allow modification
whereupon CITY may incur increased risk.
12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to
CONSULTANT'S right to maintain reasonable deductibles in such amounts as are
approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for
the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole
expense, insurance coverage written on an occurrence or claims made basis, as
appropriate, by companies authorized and approved to do business in the State of Texas
and with an A.M. Best's rating of no less than A- (VII), in the following types and for an
amount not less than the amount listed:
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INSURANCE REQUIREMENTS
Worker's Compensation*
Employer's Liability
Commercial General (Public) Liability
insurance to include coverage for the
following:
a. Premises Operations
b. Independent Contractors **
c. Products /Completed Operations
d. Personal Injury
e. Contractual Liability
Business Automobile Liability
a. Owned /Leased Vehicles
b. Non -owned Vehicles
c. Hired Vehicles
Professional Liability (Claims Made Form)
Statutory
$1,000,000 /$1,000,000 /$1,000,000
For Bodily Injury and Property Damage of
$1,000,000 per occurrence.
$2,000,000 General Aggregate, or its equivalent
in Umbrella or Excess Liability Coverage
Combined Single Limit for Bodily Injury and
property Damage of $1,000,000 per occurrence
$1,000,000 per claim to pay on behalf of the
insured all sums, which the insured shall
become legally obligated to pay as damages to
the extent caused by any negligent act, error, or
omission in the performance of professional
services.
*Alternate Plans must be approved by CITY'S Risk Manager
* *If applicable
12.4 CITY may request and without expense to CITY, to inspect copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by
CITY, and may request the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by
law or regulation binding upon either of the parties hereto or the underwriter of any such
policies). CONSULTANT shall attempt to comply with any such requests, subject to the
policy terms and conditions, and shall submit a copy of the replacement certificate of
insurance to CITY at the address provided below within 10 days of the requested change,
in the event the respective insurance companies approve the requested change(s).
CONSULTANT shall pay any costs incurred resulting from said changes.
City of Schertz
Attn: City Engineer
10 Commercial Place
Schertz, TX 78154
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12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
12.5.1 Name CITY and its officers, officials, employees, and elected representatives as
additional insured's by endorsement, as respects operations and activities of, or on
behalf of, the named insured performed under contract with CITY, with the
exception of the workers' compensation and professional liability policies;
12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the
CITY where CITY is an additional insured shown on the policy if such
endorsement is permitted by law and regulations;
12.5.3 Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of CITY; and
12.5.4 Provide 30 calendar days advance written notice directly to CITY of any
suspension, cancellation or non - renewal or material change in coverage, and not
less than 10 calendar days advance written notice for nonpayment of premium.
12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage,
CONSULTANT shall provide a replacement Certificate of Insurance and applicable
endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S
performance should there be a lapse in coverage at any time during this Agreement.
Failure to provide and to maintain the required insurance shall constitute a material breach
of this Agreement.
12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and
maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct
and retain the amount of the premiums for such insurance from any sums due under the
agreement; however, procuring of said insurance by CITY is an alternative to other
remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT
to maintain said insurance or secure such endorsement. In addition to any other remedies
CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or
policy endorsements to the extent and within the time herein required, CITY shall have
the right to order CONSULTANT to stop performing sei vices hereunder and/or withhold
any payment(s) which become due to CONSULTANT hereunder until CONSULTANT
demonstrates compliance with the requirements hereof.
12.8 Nothing herein contained shall be construed as limiting in any way the extent to which
CONSULTANT may be held responsible for payments of damages to persons or property
resulting from CONSULTANT'S or its subconsultant's performance of the Services
covered under this Agreement.
12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any
insurance or self insurance carried by CITY for liability arising out of operations under
this Agreement.
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12. 10 It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this Agreement as respects additional insured's.
ARTICLE 13: INDEMNIFICATION
13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE
SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES
TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS,
AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS
BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES,
EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND
COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF
ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH),
PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR
CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT,
ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE,
CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND
REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF
THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS
OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE
CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE
EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A
COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW
AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS
LAW.
13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand
against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of
CONSULTANT'S activities under this Agreement.
13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents or
subcontractors for the accuracy and competency of their designs, work drawings, Plans
and Specifications or other documents and Work; nor shall such acceptance be deemed an
assumption of responsibility or liability by CITY for any defect in the designs, work
Ford Eng Elevated Water Tank 5 -15 -15 Page 24
drawings, Plans and Specifications or other documents and Work prepared by
CONSULTANT, its employees, subconsultants, and agents.
ARTICLE 14: CLAIMS AND DISPUTES
14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of this Agreement's terms, payment of money, and
extension of time or other relief with respect to the terms of this Agreement. The term
"Claim" also includes other disputes and matters in question between OWNER and
CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by
written notice. Every Claim of CONSULTANT, whether for additional Compensation,
additional time, or other relief, shall be signed and sworn to by an authorized corporate
officer (if not a corporation, then an official of the company authorized to bind
CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the
Claim. The responsibility to substantiate Claims shall rest with the party making the
Claim.
14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated
within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by
CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER
must be initiated by written notice to CONSULTANT.
14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise
agreed in writing, CONSULTANT shall proceed diligently with performance of this
Agreement and OWNER shall continue to make payments in accordance with this
Agreement.
14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in
the time for performance, written notice as provided in this Article 14 shall be given.
CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress
of the Work. In the case of a continuing delay only one Claim is necessary.
14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in
calculating the amount of any Claim or any measure of damages for breach of contract
(such provision to survive any termination following such breach), the following
standards will apply both to claims by CONSULTANT and to claims by OWNER:
14.5.1 No consequential damages will be allowed.
14.5.2 Damages are limited to extra costs specifically shown to have been directly
caused by a proven wrong for which the other party is claimed to be responsible.
14.5.3 No profit will be allowed on any damage claim.
14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL
BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY
FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE
Ford Eng Elevated Water Tank 5 -15 -15 Page 25
EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE
LAW.
ARTICLE 15: SEVERABILITY
15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or
unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining paragraphs of this Agreement but shall be confined in its effect to the specific
section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and
the invalidity or unenforceability of any section, sentence, clause or parts of this
Agreement in any one or more instance shall not affect or prejudice in any way the
validity of this Agreement in any other instance.
ARTICLE 16: ESTIMATES OF COST
16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or
over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over
competitive bidding or market conditions, CONSULTANT'S opinions of probable Project
Cost or Construction Cost provided for herein are to be made on the basis of
CONSULTANT'S experience and qualifications and represent CONSULTANT'S best
judgment as a design professional familiar with the construction industry but
CONSULTANT cannot and does not guarantee that bids or the construction cost will not
vary from opinions of probable Cost prepared by CONSULTANT.
ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED
17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in
any contract with CITY, or shall be financially interested, directly or indirectly, in the sale
to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer
or employee. This prohibition extends to other CITY boards and commissions, which are
more than purely advisory. The prohibition also applies to subcontracts on CITY projects.
17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a
CITY officer or employee, as those terms are defined in the Ethics Code, from having a
financial interest in any contract with CITY or any CITY agency.
17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon,
that it, its officers, employees and agents are neither officers nor employees of CITY.
CONSULTANT further warrants and certifies that it has tendered to CITY a
Discretionary Contracts Disclosure Statement.
ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE
18.1 All consultants must disclose if it is associated in any manner with a CITY official or
employee in a business venture or business dealings. To be "associated" in a business
venture or business dealings includes being in a partnership or joint venture with the
officer or employee, having a contract with the officer or employee, being joint owners of
a business, owning at least 10% of the stock in a corporation in which a CITY officer or
Ford Eng Elevated Water Tank 5 -15 -15 Page 26
employee also owns at least 10 %, or having an established business relationship as client
or customer.
ARTICLE 19: STANDARD OF CARE
19.1 Services provided by CONSULTANT under this Agreement will be performed in a
manner consistent with that degree of care and skill ordinarily exercised by members of
the same profession currently practicing under similar circumstances.
19.2 CONSULTANT shall be represented by a registered professional engineer licensed to
practice in the State of Texas at meetings of any official nature concerning the Project,
including but not limited to scope meetings, review meetings, pre -bid meetings, and
preconstruction meetings.
19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741,
(512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas
Administrative Code.
19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents, or
subcontractors for the accuracy and competency of their designs, work drawings, Plans
and Specifications or other documents and Work; nor shall such acceptance be deemed an
assumption of responsibility or liability by CITY for any defect in the designs, work
drawings, Plans and Specifications or other documents and Work prepared by
CONSULTANT, its employees, subconsultants, and agents.
ARTICLE 20: RIGHT OF REVIEW AND AUDIT
20.1 CONSULTANT agrees that CITY may review any and all of the work performed by
CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at
CITY'S election, all of CONSULTANT'S records and billings related to performance of
this Agreement. CONSULTANT agrees to retain such records for a minimum of four
years following completion of this Agreement. Any payment, settlement, satisfaction, or
release provided under this Agreement shall be subject to CITY'S rights as may be
disclosed by such audit.
ARTICLE 21: ENTIRE AGREEMENT
21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and
integrated agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations, or agreements, either oral or written. This Agreement may
be amended only by written instrument signed by both CITY and CONSULTANT.
ARTICLE 22: VENUE
22.1 The obligations of the parties to this Agreement shall be performable in the City of
Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe
Counties, Texas, and if legal action, such as civil litigation, is necessary in connection
therewith, exclusive venue shall lie in Guadalupe County, Texas.
Ford Eng Elevated Water Tank 5 -15 -15 Page 27
ARTICLE 23: NOTICES
23.1 Except as may be provided elsewhere herein, all notices, communications, and reports
required or permitted under this Contract shall be personally delivered or mailed to the
respective party by depositing the same in the United States Postal Service addressed to
the applicable address shown below, unless and until either party is otherwise notified in
writing by the other party of a change of such address. Mailed notices shall be deemed
communicated as of five calendar days of mailing. Notices provided via email shall be
deemed communicated as of the next business day after the notice is sent.
If intended for CITY, to:
If intended for CONSULTANT, to:
City of Schertz
Engineering Department
10 Commercial Place
Schertz, Texas 78154
The address listed on the first page of this
Agreement.
ARTICLE 24: INDEPENDENT CONTRACTOR
24.1 In performing services under this Agreement, the relationship between CITY and
CONSULTANT is that of independent contractor. By the execution of this Agreement,
CONSULTANT and CITY do not change the independent contractor status of
CONSULTANT. CONSULTANT shall exercise independent judgment in performing its
duties and obligations under this Agreement and is solely responsible for setting working
hours, scheduling or prioritizing the work flow and determining how the Services are to be
performed. No term or provision of this Agreement or act of CONSULTANT in the
performance of this Agreement shall be construed as making CONSULTANT the agent,
servant or employee of CITY, or as making CONSULTANT or any of its agents or
employees eligible for any fringe benefits, such as retirement, insurance and worker's
compensation, which CITY provides to or for its employees.
ARTICLE 25: CAPTIONS
25.1 The captions for the individual provisions of this Agreement are for informational
purposes only and shall not be construed to effect or modify the substance of the terms
and conditions of this Agreement to which any caption relates.
[The remainder of this page is intentionally left blank]
Ford Eng Elevated Water Tank 5 -15 -15 Page 28
IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement
effective as of , 20_ (the "Effective Date ").
CITY OF SCHERTZ CONSULTANT
CITY MANAGER
Consultant Name
Princip,
TITLE
Ford Eng Elevated Water Tank 5 -15 -15 Page 29
ATTACHMENT 1
PROJECT SCOPE OF SERVICES
The City desires to construct a 1.0 million gallon elevated storage tank (EST),
approximately 5,200 linear feet of water main to fill the new EST and to distribute to the
City's water system, a package booster station to provide additional hydraulic head to fill
the tank, an isolation /pressure control valve on the existing 12 inch main in FM 1518
right of way, an isolation/pressure control valve to the existing 12 inch main in Hillbrook
Drive right of way. The fill line from Schaefer Road to the tank will have a control valve
that can be operated remotely and by water level in the tank. The distribution main from
the tank to the system will connect to the existing 12 inch main in Ray Corbett Drive.
Another pressure control valve will be installed on the 12 inch main located on FM 1518,
and another on the 12 inch main on Hillbrook Drive. The valves, package booster station,
and tank levels will be tied to the City's SCADA system.
The new EST is to be a 1.0 million gallon composite tank similar in configuration to the
existing elevated storage tank located on the East Live Oak pump station site. The new
EST will be equipped to accommodate future cellular equipment, similar to the
accommodations provided with the elevated storage tank on the East Live Oak pump
station site. Site improvements will include fencing around the site, asphalt parking to
access the new EST, gates at the entrance, minimal lighting of the site entry, and lighting
of the elevated tank (inside and outside).
The location of the project will be in the general vicinity of Mr. Rumpf property between
Schaefer Road and the future extension of Ray Corbett Drive.
The site will be accessed from the Ray Corbett Drive and will require a new road
extension to the site be designed in accordance with the City of Schertz UDC and Public
Works Specifications.
Ford Engineering, Inc. understands the scope of work is generally as follows: Ford
Engineering Inc. and its team will provide necessary civil engineering professional
consulting services for the City to design, permit, and prepare construction documents
bid and construct a 1.0 million gallon elevated storage tank (EST) and improvements as
described in this proposal.
It is anticipated that the project will proceed with a 30 %, 60 %, and 90% design/review
phases, a bid phase, and a construction services phase.
Land Acquisition
Ford Engineering has performed a boundary survey and prepared the metes and bounds
description of the property acquired by the City of Schertz; this includes approximately
1
4 acres for the tank site and a utility easement from Schaefer Road to the tank site on the
property found in Volume 6622 Page 358 of the Guadalupe County Record, and along
Schaefer Road from Hill.
The site property is part of pre - development agreement with the City. As part of the scope
of work, Ford Engineering, Inc. will prepare exhibits and applications for voluntary
annexation of the purchased property, exhibits and applications for zoning change to Zone
PUB, and exhibits and applications for a major plat. A major plat requires offsite
infrastructure improvements (water, sewer, street) be designed and either constructed or
funded by the applicant. The City is the applicant. Ford Engineering, Inc. will prepare the
offsite water design, and prepare an application for a waiver for the sewer and street
improvements.
Survey
Ford Engineering Inc will provide a topographic survey of the project site. The project
site will include the approximate four (4) acres of property acquired for the elevated
storage tank and for the 2,000 linear foot utility easement from the site to Schaefer Road.
Ford Engineering, Inc. will provide the topographic survey of approximately 1,800 linear
feet of Schaefer between Hillbrook and FM 1518, for the upsizing of the water main.
Also, 1,400 linear feet of topographic survey will be obtained for the provision of the
distribution line along the future Ray Corbett Drive public access to the site from the
current termination of the Ray Corbett Drive. The topographic survey will include
sufficient detail of existing features to situate the EST, perform the necessary site
improvements, and design the supply and distribution mains to the new site.
The topographic survey will include the locations where the new water mains will tie into
the existing mains on Ray Corbett Drive and Schaefer Road, and the locations of the
anticipated isolation/pressure control valve, and proposed extension and access to Ray
Corbett Drive.
Geotechnical
Terracon Consultants, Inc., sub - consultant to Ford Engineering, Inc., will provide four
geotechnical boring in the approximate location of the new elevated storage tank. The
borings and accompanying report will indicate summarized laboratory data, groundwater
levels observed during and after completion drilling, boring location plan, encountered
soils conditions, design values for allowable bearing capacity for foundations, estimated
settlement of foundations, subgrade preparation /earthwork recommendations. Boring
depth will be approximately 75 feet deep. The current conditions of the property are
agricultural, and there should be no environmental /archeological issues associated with
the proposed site. An additional geotechnical sampling bore will be performed in the area
of the extended Ray Corbett Drive, with a pavement recommendation prepared by the
Geotechnical Engineer.
2
Construction and Material testing is not considered part of this contract and is will be by
separate proposal.
Civil
Ford Engineering, Inc. will provide the design for the site work sufficient to provide
access, parking, and fencing for the EST; to include dimensional control, grading, parking
plans, storm water pollution prevention and drainage plans. The site improvements will
account for an increase in impervious cover per the current requirements of the City of
Schertz Unified Development Code, and provide storm water detention as necessary.
Ford Engineering, Inc. will provide the design of the elevated tank, sufficient to bid and
construct, with accommodations will be made within the EST for possible future cellular
equipment. It anticipated that the EST. will have a top control level of 876.00 MSL
Ford Engineering, Inc. will provide the design for the yard piping for the supply and
distribution mains to and from the new elevated tank. Ford Engineering, Inc. will size and
prepare schematic designs for a booster package system that will provide sufficient
hydraulic head to feed the tank from the supply line; approximately 2 -1200 gpm/100 HP
pumps and no back -up generator. It is anticipated that the new supply and distribution
lines will not be less than 16 -inch diameter.
Ford Engineering, Inc. will provide the off -site design of the supply and distribution
mains along Schaefer Road, the Rumpf Property, and along the future extension of Ray
Corbett Drive. The design will include the connection point to the existing water system
and the plans for the isolation/pressure control valves. Off -site access will be a temporary
construction road of base with base reinforcement grid.
Electrical
Freese and Nichols, electrical engineering design team and sub - consultant to Ford
Engineering, Inc., will coordinate with CPS for the provision of electric power to the site.
The electrical engineering design team member will provide the design for electrical and
instrumentation and controls / SCADA for the tank levels, booster package, and control
valves.
SCADA will be needed for tank levels, power failure, pump status, high and low level
alarms
Site lighting will be for exterior and interior of the tank, pedestal, the package booster
station, and site entry.
Permitting
Ford Engineering Inc. will provide supporting plans, reports, and documents for the
acquisition of permits from City of Schertz, TxDOT, TCEQ, and the FAA. Fees required
3
by review agencies, if any, are not included in this proposal and will be the City's
responsibility.
Bidding
With final approval from the City, a bid set of construction plans and specifications will
be provided to City for advertisement of bid. Ford Engineering Inc. will prepare and
distribute plans and specifications to interested bidders. Ford Engineering, Inc. will have
a representative available for pre -bid and bid opening meetings with the City of Schertz.
Upon receipt of bids, Ford Engineering Inc will prepare a tabulation of bids, review
references, and provide a recommendation to the City for awarding the project.
Construction
With the project awarded, the design team will meet with the City and the Contractor for
a preconstruction conference, and provide an "issued for Construction" set of
construction plans and specifications. Ford Engineering Inc. will provide one set of
staking as described in the in the contract documents. The design team will review shop
drawings and material submittals, and provide comments or recommendations of
approval.
Monitoring and testing of the fill placement and compaction, and field observations and
laboratory testing to evaluate the quality of construction materials for subgrade and
foundation preparation and construction is considered additional services and is not
included in this proposal. Estimated fee for these additional services may range from
$7,500 to $10,000, and may be requested by the City. All construction testing aside
from earthwork, reinforcing steel, and cast in place concrete, will be the responsibility
of others.
Ford Engineering, Inc. will have a representative available for pre - construction and
monthly project meetings during construction. It anticipated that construction and
installation will be approximately 6 months, with one site visit per month. Additional site
visits will be considered additional services. The electrical sub will make one site visit
during construction, with any additional site visits requested by the owner to be paid for
at an hourly rate.
After construction has been completed and work approved by the Owner, Ford
Engineering Inc. and its team will incorporate any changes made during construction, as
indicated by the contractor on a marked up set of plans, into a set of Project Record
Drawings. Ford Engineering, Inc. and its team will have representatives present at the site
for facility startup.
Based on our preliminary research, we anticipate that the design of these facilities can
be accomplished in 120 days broken down as follows:
30% Design 45 days
60% Design
30 days
90% Design
30 days
Bid Phase
30 days
Design Deliverables
30% Design: Ford Engineering, Inc. and its team will prepare one (1) full sized 22 "x34"
set and one (1) half sized 11 "x 17" set of preliminary or schematic construction plans, and
estimates of probable construction cost, two copies of the Geotechnical report, and a
preliminary report on the water network analysis. Ford Engineering, Inc. will provide the
documents and applications necessary for annexation, zoning, and platting the property.
60% Design: Ford Engineering, Inc. and its team will prepare one (1) full sized 22 "x34"
set and one (1) half sized 11 "x17" hard copy set of construction plans, a list of
specifications to be used, and estimates of probable construction cost.
90% Design: Ford Engineering, Inc. and its team will prepare one (1) full sized 22 "x34"
set and one (1) half sized 11 "x17" hard copy set of construction plans, specifications and
bid documents (in digital format), and estimates of probable construction cost, and the
final report on the water network analysis. The City will provide pre -bid and bid dates for
completion of the bid documents with their review of the 90% submittal. Permitting will
begin with the 90% submittal.
Bid Phase: Ford Engineering, Inc. and its team will prepare one (1) full sized 22 "x34" set
and one (1) half sized 11 "x17" hard copy set of construction plans, specifications and bid
documents, and all documents in digital format on a CD or via FTP site (per the City
request) to be used by the City in bidding of the project.
Construction Phase: After selection of the contractor and negotiations are completed by
the City, Ford Engineering, Inc. will provide three (3) full sized 22 "04" set and one (1)
half sized 11 "x17" hard copy set of construction plans for the contractor's use, and
prepare the three copies of the contract documents for the owner and contractor to sign.
9
ATTACHMENT 2
PROJECT DESIGN PHASES COST AND TIMELINE
PROJECT PHASE
ESTIMATED COST
TIME IN CALENDAR
DAYS
Preliminary Engineering Report
-
30% Design
$62,560
45
60% Design
$58,068
30
90% Design
$58,069
30
Bid Phase
$9,843
30
Construction Phase including
$38,646
- --
Closeout
TOTAL ESTIMATED COST
$227186.00
(NOT -TO- EXCEED AMOUNT)
'
Ford Eng Elevated Water Tank 5 -15 -15 Page 34
ATTACHMENT 3
BILLING RATE SCHEDULE
Hourly Billing Rate Table
DISCIPLINE HOURLY RATE
Principals
$200.00
Sr. Civil Engineers (PE) (Sr. Project Managers)
$165.00
Civil Engineers (PE) (Project Managers)
$150.00
Project Coordinators (EIT)
$95.00
Design Techs
$90.00
CADD Technicians
$85.00
Clerical Staff
$65.00
Licensed State Land Surveyor (LSLS)
$165.00
Registered Professional Land Surveyors (RPLS)
$150.00
Survey Technicians /CARD
$85.00
One - Person Survey Crew
$125.00
Two - Person Survey Crew
$145.00
Three- Person Survey Crew
$165.00
Four - Person Survey Crew
$185.00
PROPERTY RESEARCH & DOC. SVC.
Property Research $75.00
(Copies additional cost)
Ford Eng Elevated Water Tank 5 -15 -15 Page 35
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: June 2, 2015
Department: Development Services
Subject: Resolution No. 15 -R -41 -
Consideration and/or action
approving a Resolution accepting the
Semiannual Report with respect to
the progress of the Capital
Improvements Plan, and other
matters in connection therewith. (B.
James /J. Santoya/R. Galindo)
BACKGROUND
Section 395.058 (c) (4) of the Texas Local Government Code and requires the Capital
Improvements Advisory Committee (CIAO) to file semi - annual reports with respect to the
progress of the capital improvements plan and report to City Council any perceived
inequities in implement the plan or imposing impact fees. Section 90 -158 of the City's Code
of Ordinance includes this same requirement. The CIAC is a citizen group made up of our
current Planning and Zoning Commission, a real estate -type representative and a resident in
the Extraterritorial. Jurisdiction, all of whom are appointed by the City Council.
The attached report includes capital recovery balance report for October 1, 2014 through
March 31, 2015 and draft CIAO minutes from May 1.3, 2015.
Goal
To accept the Semi - annual Reports on the revenue and expenditures relating to
the water and wastewater impact fees as filed by the City of Schertz Capital
Improvements Advisory Committee (CIAC).
Community Benefit
To ensure compliance with State Law and the City's Code of Ordinances and to
ensure that impact fees are being collected and spent in appropriately.
Summary of Recommended Action
Approve the resolution accepting the semi - annual report as made up of the draft
minutes for the May 13, 2015 CIAC meeting and the Capital Recovery Balance
Report.
FISCAL IMPACT
The report indicates the amounts collected in water and sewer impact fees.
Approval of Resolution 15 -R -41 accepting the Semi - annual Report as filed by the Capital
Improvements Advisory Committee.
ATTACHMENT(S)
Resolution 15 -R -41
Exhibit A: Draft Minutes for the May 13, 2015 Capital Improvements Advisory Committee
Meeting
Exhibit B: Capital Recovery Balance Report for October 1, 2014 through March 31, 2015
RESOLUTION NO. 15 -R -41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ACCEPTINING THE SEMIANNUAL REPORT WITH
RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS
PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the Capital Improvements Advisory Committee has reviewed the revenue
and expenditures relating to the established Capital Recovery Fees in accordance with the
Capital Improvements Plan for the City of Schertz; and
WHEREAS, the City Council accepts the Semiannual Report as filed by the Capital
Improvements Advisory Committee in accordance with Texas Local Government Code Chapter
395; then
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
.........:.....
Section 1. The City Council hereby accepts the draft minutes of the May 13, 2015
City of Schertz Capital Improvements Advisory Committee as shown in the attached Exhibit A,
and the Capital Recovery Balance Report with respect to the progress of the Capital
Improvements Plan for the City of Schertz, Texas for the period of October 1, 2014 through
March 31, 2015 as shown in the attached 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 2-d day of June, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
imall
CITY OF SCHERTZ
CAPITAL RECOVERY IMPACT FEES REPORT
OCTOBER 2014 TO MARCH 2015
Beginning Impact Fee Balance
Revenues:
Impact Fees'
Interest Earned 2
Investments Income 3
Capital One - Investment Income 4
Expenses:
Auditor /Accounting Services 5
Investment Mgt Fee - Sewer 6
Total Revenue Over /(Under) Expense
Ending Impact Fee Balance
* * * * * * * * * * * * ** IMPACTS FEES * * * * * * * * * * * * **
Water
Sewer
Total
$4,819,987.55
$3,847,235.11
$8,667,222.66
529,587.00
280,070.28
809,657.28
359.81
209.43
569.24
2,497.09
981.58
3,478.67
0.00
8,637.07
8,637.07
(375.00)
(375.00)
(750.00)
0.00
(2,151.97)
(2,151.97)
532,068.90
287,371.39
819,440.29
$5,352,056.45 *
$4,134,606.50
$9,486,662.95
Impact Fees collected between Oct 1, 2014 through Mar 31, 2015
2 Bank interest collected between Oct 1, 2014 through Mar 31, 2015. Based on ending bank cash balance.
3 Investment Income collected between Oct 1, 2014 through Mar 31, 2015
Water and Sewer have separate investment accounts.
4 Investment Income from the Capital One investment for Sewer recorded between Oct 1, 2014
through Mar 31, 2015.
s Partial payment for the Auditor /Accounting Services on the 2014 CAFR
s Investment Management Fee charged on the Capital One Investment for Capital Recovery
Sewer Fund.
Ending Balance for Water includes a loan to General Fund for the Roadway Impact Fee Study per
ordinance 15 -T -09 in the amount of $116,040.
Special Joint Meeting of the
Capital Improvements Advisory Committee and
Traffic Safety Advisory Committee
Minutes
May 13, 2015
The Capital Improvements Advisory Committee and the Traffic Safety Advisory Committee convened a
Special Joint Meeting on Wednesday, May 13, 2015 at 6:00 P.M. in the Council Chambers, 1400 Schertz
Parkway, Bldg. 4 Schertz, Texas.
Members Present:
Richard Braud
Bert Crawford
Ken Greenwald
David Richmond
Ernie Evans
Tim Brown
Dr. Mark Penshorn
Traffic Safety Advisory Commission
John Cook
Mark Davis
Larry Franklin
Eric Haugen
Staff Present:
Brian James, Executive Director of D
Michelle Sanchez, Director of Develt
Lesa Wood, Senior Planner
Robert Galindo, Assistant Finance Di
Patti White, Executive Assistant Dev
1. Call to order by each Lloveri
Members Absent:
Kathy Woodlee, City Engineer
Cecilia Palomo — Graduate Engineer
Bryce Cox, Planner I
eting to order at 6:26 P.M. Mr. Richmond recognized Mr. Brown
�C. Mr. Davis called the TSAC meeting to order at 6:26 P.M.
2. Hold a public hearing, consider and file a semiannual report evaluating the progress fo the city on
achieving the capital improvements program and identifying any problems in implementing the
plans or administering the capital recovery fees.
Mr. Richmond recognized Mr. James who explained as a way of introduction to TSAC that this is part
of the process where we currently charge impact fees for water and sewer and under state law, we file a
semi - annual report. Mr. James recognized, Robert Galindo, who stated that this report shows six (6)
months for the period from October 1, 2014 through March 30, 2015. .
' Impact Fees collected between Oct 1, 2014 through Mar 31, 2015
2 Bank interest collected between Oct 1, 2014 through Mar 31, 2015. . Based on ending bank cash
balance.
3 Investment Income collected between Oct 1, 2014 through Mar 31, 2015.
Water and Sewer have separate investment accounts.
4 Investment Income from the Capital One investment for Sewer recorded between Oct 1, 2014
through Mar 31, 2015.
5 Partial payment for the Auditor /Accounting Services on the 2014 CAFR
6 Investment Management Fee charged on the Capital One Investment for Capital Recovery
Sewer Fund.
* Ending Balance for Water includes a loan to General Fund for the Roadway Impact Fee Study per
ordinance 15 -T -09 in the amount of $116,040.
CITY OF SCHERTZ
CAPITAL RECOVERY IMPACT FEES REPORT
OCTOBER 2014 TO MARCH 2015
* * * * * * * * * * * * ** IMPACT FEES * * * * * * * * * * * * **
Water
Sewer
Total
Beginning Impact Fee
$ 4,819,987.55
$ 3,847,235.11
$ 8,667,222.66
Balance
Revenues:
Impact Fees
529,587.00
280,070.28
809,657.28
Interest Earned
359.81
209.43
569.24
Investments Income 3
2,497.09
981.58
3,478.67
Capital One -
4
-
8,637.07
8,637.07
Investment Income
Expenses:
Auditor /Accounting
5
(375!00)
(375.00)
(750.00)
Services
Investment Mgmt. Fee -
6
-
(2,151.97)
(2,1.51.97)
Sewer
Total Revenue Over /(Under)
532,068.90
287,371.39
819,440.29
Expense
Ending Impact Fee Balance
$ 5,352,056.45 *
$ 4134,606.50
$ 9,486,662.95
' Impact Fees collected between Oct 1, 2014 through Mar 31, 2015
2 Bank interest collected between Oct 1, 2014 through Mar 31, 2015. . Based on ending bank cash
balance.
3 Investment Income collected between Oct 1, 2014 through Mar 31, 2015.
Water and Sewer have separate investment accounts.
4 Investment Income from the Capital One investment for Sewer recorded between Oct 1, 2014
through Mar 31, 2015.
5 Partial payment for the Auditor /Accounting Services on the 2014 CAFR
6 Investment Management Fee charged on the Capital One Investment for Capital Recovery
Sewer Fund.
* Ending Balance for Water includes a loan to General Fund for the Roadway Impact Fee Study per
ordinance 15 -T -09 in the amount of $116,040.
Mr. Richmond opened the Public Hearing at 6:31 P.M. There being no one to speak, the Public Hearing
was closed at 6:32 P.M.
Mr. Greenwald moved to accept and forward this report to City Council as presented. Mr. Crawford
seconded the motion. Vote was 7 -0. Motion carried.
3. Workshop and discussion regarding the Master Thoroughfare Plan and Roadway Impact Fee
ordinance study.
Ms. Woodlee introduced our consultant, Freese and Nichols, particularly Eddie Haas, the project
manager, who will be working on the Master Thoroughfare Plan and Roadway Impact Fees. Mr. Haas
stated that there would be 2 phases discussed in his presentation — the Thoroughfare Plan is Phase 1 and
the Impact Fees is Phase 2 and he discussed the following points:
• Plan Purpose
• Phase 1 — Thoroughfare Plan
• Phase 2 — Impact Fee
• Project Tasks
• Transportation. Plan
• Roadway Impact Fees
• The Planning Team — Project Management Team
• Plan Input
• Network System Assessment
• Previous Planning Initiatives
• Network Assessment
• Strategies and Policies — Design
• Low Impact Design Potential.
• Potential `Rural Frontage' Roads
• Travel Demand Model — 2040 D(
• Issue Identification
ork
N
Mr. Richmond stated that what is most important is the recognition that across our city, there are
different demographics with very dense zoning through city center to rural agricultural larger lots. Mr.
Haas stated that they are currently looking at these items. Mr. Greenwald stated that a concern is the
cross traffic and this ties into the Lone Star Rail and FM 1518 and that there has to be a better way to do
this. Mr. Haas stated that they will capture those suggestions. Mr. Greenwald stated that the south area
was all farm land to start with and about half of it is developed. Mr. Crawford stated that you should go
from the city offices to FM 1518 to IH 1.0. Mr. Haas said that they are hearing about the hot spots. Mr.
Crawford stated that the Cibolo Creek and areas in the floodplain that have drainage problems. Mr.
Haas stated that yes, we need to think smart about improvements. Mr. Crawford asked about sitting
down with other cities. Ms. Wood stated that Staff has had discussions about having a planning meeting
with other cities and contacted Seguin, New Braunfels, Converse, Cibolo and Selma to discuss planning
and had our first area planning meeting with a good turnout and will continue to do this on a monthly
basis on a rotating city basis.
Mr. Haas stated at this point 7:15 P.M. we would go into a breakout session so everyone could point out
problems on the maps including hot spots.
Mr. Richmond reconvened the meeting from the breakout session at 8:10 P.M.
Mr. Haas stated that he would move into the next section of his presentation and presented the following
points on the Impact Fee Overview and Land Use Assumptions:
• Impact Fee Discussion Agenda
• Role as CIAC member
• Impact Fee Basics
• Principles and Purpose
• Impact Fee Considerations
• The Basic Question
• Legislative Basis
• Key Policy Issues
• Items Payable with Impact Fees
• Basic Methodology
• Service Areas
• Land Use Assumptions
• Impact Fee CIP
• Service Units — Vehicle Mile
• Cost Per Service Unit Calculation
• Cost Per Service Unit Assessment vs. Collection.
• Land Use Equivalency Table
• Impact Fee Calculation
• Roadway Calculator
• What are Cities Charging?
• Impact Fee Application
• Impact Fee Process
•
Mr. Haas asked the CIAC for their input on the growth projections for the City. Mr. Glombik asked what
percentage would be correct — 4 %. Mr. Haas stated that everything they have seen in the data sources shows
that it should probably be around the middle 3's. Mr. Brown stated that there might be spiking in growth. Mr.
Haas agreed. Mr. Greenwald stated that in 2003 we started getting water from Carrizo water separating
ourselves from the Edwards Aquifer which showed an increase in permits. Discussion continued between the
CIAC and Mr. Haas. Mr. Haas concluded his presentation by stating that they will use 3.5% as a starting point
for growth and land use assumptions.
4. Adjournment: Mr. Richmond adjourned the meeting at 9:04 P.M.
Chairman, Capital Improvements Advisory Committee
Recording Secretary
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: June 2, 2015
Department:
Subject:
City Secretary
Boards, Committees, and Commission
appointments
The Interview Board for Boards, Commissions, and Committees held a meeting on Thursday,
May 21, 2015 to conduct interviews and consider reappointment to the various Boards,
Commissions, and Committees.
The Interview Board requests Council ratify the resignations of-
- Stacy Haugen
— Parks & Recreation
- Merle Behne —
Historical Preservation Committee
- David Roman
— Historical Preservation Committee
- Terry Welch —
Transportation Safety Advisory Committee
The members of the Interview Board agreed to recommend to Council the following re-
appointments and appointments of the following individuals to various boards, committees and
commissions with a term expiration date of May 2017:
• Board of Adjustment
• Frank McElroy — Reappoint
• Reginna Agee — Reappoint
• Danielene Salas — New Appointment, appoint as Alternate Member
• Economic Development Corporation
• Tim Brown - Reappoint
• Angelina Kiser - Reappoint
• Roy Richard - Reappoint
• Paul Macaluso — New Appointment
• Historical Preservation Committee
• Pete Perez - Reappoint
• Diana Webb - Reappoint
• James Webb — Reappoint
• Cynthia Palmer - Reappoint
• Walter Turk — New Appointment Regular Member
• David Lynch — New Appointment Regular Member
City Council Memorandum
Page 2
• Libra
0
0
0
0
0
0
ry Advisory Board
Juan Thorn - Reappoint
Laura Wilson - Reappoint
Ruth Tienor - Reappoint
Patti Dilworth - Reappoint
Margaret Riley - :Reappoint
Mary McAllister - Reappoint
• Parks and Recreation Advisory Board
• Reginna Agee - Reappoint
• Mark Davis - Reappoint
• Harriett Higgs - Reappoint
• Fae Simmons — Reappoint
• Jeffrey Sanna — New Appointment Regular Member
• Eric Haugen — New Appointment Alternate Member
• Planning and Zoning Commission
• David Richmond - Reappoint
• Christian Glombik - Reappoint
• Richard Brand - Reappoint
• Transportation Safety Advisory Commission (TSAC)
• Stephen Bish - Reappoint
• Bill Bowers - Reappoint
• Max Hernandez - Reappoint
• Eric Haugen — Reappoint
• Mark Tew — New Appointment Regular Member
The following boards remain to have the following vacancies:
Board of Adjustment - 1 Alternate Position.
Library Board - 1 Alternate Positon
Parks & Recreation - 1 Alternate Position.
FISCAL IMPACT
RM
RECOMMENDATION
Based on the recommendations by the Interview Board staff recommends Council appoint and
re- appoint the above individuals to various boards, commissions, and committees and ratify the
resignations designated.