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09-12-2017 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL SEPTEMBER 12, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Citv of Schertz Core Values Do the right thing Do the hest you can Treat others the way you would want to be treats Work together cooperatively as a tea Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) 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. Workshop • Discussion and update regarding the next phase of the Skate Park. (B. James /C. VanZandt/L. Shrum) (Item requested by Mayor :Pro -Tem Edwards) 09 -12- 2017 - Council Agenda • Discussion, update and progress regarding the meetings with residents in Southern Schertz regarding JLUS /Land Use. (B. James) (Item requested by Councilmember Thompson) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approval of the minutes of the Regular Meeting of September 5, 2017. . (J. Kessel /B. Dennis) 2. Cancellation of the October 3, 2017 City Council meeting — Consideration and /or action cancelling the October 3, 2017 . City Council meeting due to National Night Out. (B. Dennis /Mayor Carpenter) Discussion Items 3. Resolution No. 17 -R -82 — Consideration and /or action approving a Resolution authorizing a contract with Capital Excavation Company relating to the reconstruction of Schertz Parkway from Maske Road to Live Oak Road and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Nowak) 4. Ordinance 17 -T -36 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /J. Walters) 5. Discussion and possible action on the placement of an item regarding the City Councils Rules of Procedure on a future agenda. Roll Call Vote Confirmation Closed Session 6. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate the evaluation, duties or discipline of a City Council Member. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. Reconvene into Regular Session 6a. Take any action based on discussions held in closed session under Agenda Item 6. Roll Call Vote Confirmation 09 -12 -2017 City Council Agenda Page - 2 - Requests and Announcements 7. Announcements by City Manager. 8. Placing Items on Future Agendas: Member of the City Council may place items on future agendas provided the chair is able to determine unanimous consent. If objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. 9. 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 Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL :BULLETIN BOARDS ON THIS THE 8th DAY OF SEPTEMBER 2017 AT 4:00 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. grewcla Deww 'bs 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 2017. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision 09 -12 -2017 City Council Agenda Page - 3 - has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Davis— Place 1 Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Interview Committee for Boards and Investment Advisory Committee Commissions Main Street Committee Main Street Committee - Chair TIRZ II Board Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 Main Street Committee — Vice Chair Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz - Seguin Local. Government Corporation Interview Committee for Boards and Commissions 09 -12 -2017 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 12, 2017 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on September 5, 2017. . HHZTG • ' • On RM RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of September 5, 2017. . ATTACHMENTS Regular Meeting of September 5, 2017 . minutes. MINUTES REGULAR MEETING September 5, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 5, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford Staff Present: City Executive Director Brian James Exec City Attorney Charles Zech Assi City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the meeting to Texas. (Councilmember Gutierrez) Councilmember I the flags of the U NN opening prayer followed by the pledges of allegiance to to of Texas. .Min Daakae, with Troop 51 who was in the audience in the Community Merit Badge. Mayor and Council City Events (B. James/D. Wait /S. Gonzalez) Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday September 7 t Groundbreaking (New addition) Ceremony for Founders Classical Academy 8:00 a.m. 8435 E. 1518 North, Schertz Friday, September Stn Ribbon Cutting — 3009 Hair Lounge 4:30 pm 2901 Ashley Oak Drive 9 -05 -2017 Minutes Page - i - Saturday, September 9' Paws in the Pool Noon - 4:00 pm Pickrell Park Pool Sunday, September 10th Paws in the Pool Noon - 4:00 pm Wendy Swan Park Pool Tuesday, September 12' City Council meeting — 6:00 p.m. Saturday, September 16' Schertz Pickrell Park Friday, September 291h Star Party 7:30 pm —10:00 pm Crescent Bend Nature Park Thursday, October 26' 765 Lookout Road, Selma ing Voter Registration. Application in time to vote in the last day for requesting Transfer of Registration in time to .fst day in which Early Voting begins. Information regarding Early times and Election Day locations will be posted on our city website. Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel provided kudos and shout out to new Public Works Employee Elmo Bendale for stopping and assisting EMS Director Jason Mabbitt who had stopped to pick up several tree branches that were on FM 3009. New Employee Recognition 9 -05 -201.7 Minutes Page - 2 - Animal Services — Animal Services Officer — Patrick Ferry (D. Hernandez) Human Resources — Human Resource Manager — Lindsey Cox (J. Kurz) Parks, Recreation and Community Services — Park Maintenance Crew Leader - Jared Montney (C. VanZandt/L. Shrum) Public Works — Street Worker 1 — Richard Rodriguez (J. Hooks /D. Letbetter) Each Department Director came forward and provided a brief bio of each new staff member. Mayor and Council welcomed everyone aboard. Hearing of Residents Mayor Carpenter recognized the following who commented post from a Councilmember: • Mrs. Maggie Mrs. Titteringtoi for Schertz City Chamber so that Mayor Carpenter recognized the fo inappropriate face book ieighborhacd with homes, roads as well as speeding. a Local Flavor Small - veryone that October 11, 2017 . is Meet the Candidates as the SCUCISD School Board — please respond to the tered. event will be held at the Schertz Civic Center. 3009 — spoke on funding the Local Flavor Program. who addressed council regarding other issues: • Mrs. Michele Tereletsky, 705 Marilyn Drive — who addressed Council regarding accessibility concerns for the "No Name Park" off Schertz Parkway. • Dr. David Scagli6la, 3418 Foxbriar Lane — who addressed Council regarding being a candidate for the upcoming November Election. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for a point of privilege to read a statement and give Councilmember Thompson an opportunity to address the citizens and their concerns and or comments. Mayor Carpenter reminded those wishing to speak on this issue to be mindful of the Texas Open Meetings Act and its provisions. If you are commenting on anything that is not already on the agenda — that it is still the law of the land. 9 -05 -201.7 Minutes page - 3 - Mayor Pro -Tem Edwards read the following: "It's said that the appearance of being better than others is so dangerous but even more dangerous is to appear to have no faults and no weaknesses. I accept that, nothing is certain in life and we aren't guaranteed to see tomorrow. So, I ask that we as body let grace prevail so let he who is without sin cast the first stone. As a community leader, as a business owner, a father, husband and brother to many people of all walks of life, I understand the emotional and psychological harm that can happen with a single social media post. I have trained my children to be aware of pressing enter without thoughtfully considering all the consequences and ramifications. I have always been a Schertz and surrounding community first type of leader. It is not about the City of � Schertz, any position he holds, nor personal gain or gratification, and it certainly cannot be about one mistake. He says this because his sins are too numerous to count and he too has fallen short and don't triily'deserve mercy, grace or forgiveness provided by almighty God. He is all in for Schertz as a community and I am all in for a positive pressure to create a culture of excellehe a I will always encourage'thd openness and transparency with our leadership and our citizens. They deserve nothing less. An unfortunate face book post cannot be our defining moment. I believe the way you carry yourself will often determine how you are treated in life, and in the long run appearing racially insensitive or demeaning will make people disrespect you. Mayor Carpenter stated that before he goes on, when he considers the Councils Rules of Procedures at atone like this, he is going to state, "that they are now at Item 1.3, Announcements by Mayor and Couticilmembers ", and will afford an equal opportunity to any and all Councilmembers who would like to speak at this time under item 13. Requests and Announcements 13. 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 9 -05 -201.7 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Thompson who stated that one of his goals in coming on Council was to be a person of integrity and compassion, whose overall goal was to help bring people together for the common good. He believes that he has accomplished that the majority of the time that he has been up here. He stated that tonight marks the 4th time in his life that he has been called a racist. Councilmember Thompson provided commentary and explanation regarding those times, and asked those to forgive some of the language he used, as it was exactly what was said to him. Councilmember Thompson stated that the post that he shared was not meant in any form or manner to be racist. It was inappropriate. A personal friend and face book friend told him about it and he looked at it and thought that he had never thought of it in that light. He apologized on line to him and deleted the share, 'did:not think much about it. His friend accepted his apology and we both went on. The furor erupted over this post when a former C( Thompson stated that his question is "why would the on -line apology ?" Interesting question, that i,, Because it was an on -line post that was inapprop because it involves the Chamber, the City Coune, The Chamber and before the Council. If a person racist. �uncilman put it on line. Councilmember you edited it so carefully as to leave out for Mr. Azzoz to answer I and not him. �iate, e chose to ask apologies on -line, 1 cwill seek that same apology before knows who he is, they realize he is not Mayor Carpenter recognized Cduncilmember Gutierrez stated as a Councilmember he is held accountable and Dave a responsibility to address comments posted on face book. Councilrncmber Thompson has realized his comments were interpreted as insensitive and has taken full responsibility for his actions. Councilmember Thompson has apologized for making these remarks. It is normal to question ourselves in situations wondering whether we heard the person right or if it was just a joke. The true question is how this person normally interacts with others, his character his integrity unselfishness and compassion. I have known Councilmember Thompson since he was elected into this position is and he has personally assisted him in his transition of this new role. Councilmember Thompson has earned his respect as a person, a businessman and City Council. He has a willingness to do what is best for the city. He has supported our police and fire departments. He has supported our military and our senior citizens. Mr. Thompson has a good heart. Some citizens have requested City Council to take some kind of action regarding this matter., but be aware politics and elections over inflate actions. Many attempt to take advantage to discredit their less desirable candidate, many of us have made comments that we later 9 -05 -201.7 Minutes Page - 5 - regret. He can appreciate how hurt, how angry, how frustrated and how disappointed many of you may be. He appreciates his apology and his willingness to make amends, and we all know an apology is the super glue of life. Councilmember Gutierrez thanked everyone. Mayor Carpenter recognized Councilmember Kiser who stated that she hears people all the time say I'm not racist and then they put a face book post up that is racist. Or they say something that is racist and say but I'm not racist. She is not saying that Councilmember Thompson is racist. What he put up there was completely inappropriate, and when she hears someone say well if someone hadn't reposted it, well its motivated by politics, that means that that person is not taking responsibility. The post was made by Councilmember Thompson, that's th bottom line. He put it up there, that's where the blame lies. She is not going to put the Blame on someone who responded and said it was inappropriate. She is not going to put the blame on someone who took a screen shot. That's not where the blame lies. Someone needs to take responsibility and hopefully when someone does something like that and she saying what I learned was, and she is paraphrasing what I post on face book, for her that is not an apolo people didn't like what I posted and I need to be car integrity takes responsibility, and yes, she belies it has taught her children, when you do something ,,W,) now, what she is hearing is there should be no consegi his, she doesn't know, because a post on -line, even the apology s that I need to be careful about That is saying I got caught and J what I post. So, someone with race and compassion but like she cg there are consequences. Right ces, let's just accept an apology. Mayor Carpenter recognized Councilmember Crawford who asked if they were going to discuss this in any, bind of executive session tonight? Mayor Carpenter answered, we are not posted to do s.. Councilmember Crawford asked if we could post it for next week and the reason he asks is, like his fellow Councilmember and maybe Mayor Pro -Tern Edwards who spent six years in the Air Force, Councilmember Gutierrez spent 15 years in the Air Force and he spent 38 years in the Navy, that comment about being responsible for our actions. We lived in the military and others in the chambers lived in the military, we lived under two sets of rules, Uniform Code of Military Justice and the US Civil and Criminal Code. Being held to a higher standard and being responsible for our actions, being accountable and sitting here, we have a level of authority, do we need to be responsible for what we do and do we need to be accountable for how we do it. Yes, he has lived that way for 38 years and yes, he made some mistakes, yes, we all make mistakes but when he did 9 -05 -2017 Minutes Page - 6 - make a mistake, he would state that he did make the mistake and here is what I did to fix it and keep going, and if there was a penalty, he would take the penalty. He believes the discussion of what we do when someone makes an apology on a serious issue, that's fine and acceptable to make that apology but there is a consequence to this. A lady walked out of this chambers a while ago, she was not happy, he hated to see this. The question is do we need more discussion asking Councilmembers Davis, Larson and Edwards. Mayor Carpenter interjected stating that when we come back around to item 1.2 where we have the ability of placing items on a future agenda, he can bring it up then, and if no objection, it will be placed on the agenda. Councilmember Crawford thanked the Mayor. Mayor Carpenter moved back the regular portion of the Consent Agenda Items 2. Ordinance No. 17 -T -29 — Consideration and/or action approving an Ordinance authorizing an amendment to the FY 2016 -17 General Fund to create and fund four additional Crossing Guard p9sitions. Final Reading (D. Wait /J. Walters /M. Hansen) The following was tead into record:. ORDINANCE NO. 17 -T -29 Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Thompson to approve consent items 1 and 2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion Items 9 -05 -201.7 Minutes Page - 7 - 3. Ordinance No. 17 -T -30 — Consideration and /or action approving an Ordinance on the proposed FY 2017 -18 Budget. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 17 -T -30 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, IN ACCORDANCE WITH THE CHARTER OF THE CITYOF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING; AN EFFECTIVE DATE Mayor Carpenter recognized Finance D the highlights of the budget PowerPoint meeting on August 29. There have been Mr. Walters stated one update is that staff will 1 sign be repaired with funding left over from the which was used to repair the Recrc tiIO Center this was one of the items on the lists previously this year's general fund budget. Again, we wdr( funds. No action on the budget is necesary for t Mr. Walters stated that about which inducts so particular funding order, al • • • Council the non -f anted to t Materials iving Assistance alters who since again went over delivered at, the , last city council es to the nronosd.budaet. posing to Council that the electronic Img repairs fund from the 2006 Bond ,ws He included this information as led tcs buncil that was not funded in to find funding from left over repair action we have some discussion to think )rogram /position examples, these are in no -se back to Council for consideration: This is not the entire list nor in any order, Council has seen the entire list and it was closer to 100 items. Mr. Walters stated funding of any additional items at this time would require some kind of cut or reduction of a different program within the City budget. If Council wishes to fund one of these items, they will also need to consider the impact of those changes. Council can consider funding some these items as non - funded items, but would not go into the budget directly but we would keep an eye out on these as we go forward if we were able to identify any additional funding or additional savings in other areas as it would open it up 9 -05 -2017 Minutes Page - 8 - for Council fund some items on the list more towards the mid -year or wait and consider any of these items at a future budget Mayor Carpenter recognized Councilmember Larson who provided his comments regarding not funding the Local Flavor Program this year but requests being put on table of conversations for future budgets and when money is available. Mayor Carpenter recognized Mayor Pro -Tern Edwards who provided an idea, thinking outside of the box as to ways to spread some money around over the different programs on fund some of the 100 -item wish list. Mayor Carpenter recognized Councilmember Davis Edwards but stated that the unfunded items we are talk the proposed 201.7 -2018 budget, because we didn't in, something we are going to have to adjust for the near fu of May we had a great presentation from Ebb that tal some notes and would like to propose something for a can address these small business options. Let's'' get .it possible funding streams or timelines as we go forward. The agreed with Mayor Pro -Tern boat: now are a moot point for it in there so it is obviously He stated that back on the 2nd about the 'seissues and he has re Council meeting where we an agenda so, we can discuss Gutierrez who moved, seconded by o. 17 -T -30, final reading. The vote was 4ucilmembers Davis, Gutierrez, Larson, no one voting no. Motion passed. or action approving an Ordinance on the (B. James /J. Walters) CE NO. 17 -T -31 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR "THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY' OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who also provided his PowerPoint presentation in regard to the FY 2017 -18 tax rate. Mayor Carpenter recognized Councilmember Larson who moved, seconded by Councilmember Gutierrez to approve Ordinance No. 17 -T -31 final reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 9 -05 -2017 Minutes Page - 9 - 5. Ordinance No. 17-M-34 – Consideration and/or action approving an Ordinance authorizing the amendment of GASB 54 Fund Balance Standards, Applications, and Policy of the City of Schertz. Final Reading (B. James/J. Walters) The following was read into record: ORDINANCE NO. 17-M-34 AN ORDINANCE AUTHORIZING THE AMENDMENT OF GASB 54 FUND BALANCE STANDARDS, APPLICATIONS, AND POLICY OF THE CITY OF SCHERTZ; AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director Jarnes Walters who stated this proposed ordinance will replace the previous policy with:ah updated one. The,, same definitions of the fund balance types and the requirement to return to a minimum fund, balance within 5 years is still part of the policy. The updated ec c I definitions, a new tions include additional minimum requirement of 26% of operating expenses,," and a more detailed outline for the building up and use of the unrestricted fund balances'."' ' The notable section updates will bo'AJ ' the new requirement, to stick as close to the 26% requirement unless Council has autfi6riie'd`�additional sa, I vihgs above the target. Another notable section will be the breakdown of the requirement into 2 parts; 1% for contingency to be used for emergencies ,,and ,25% for dol clared disasters in the City. Mr. Walters provided a brief PowerPoint presentation. 6. Resolution No. 17-1 -78 — Consideration and/or action approving a Resolution authorizing Memorandum of Understanding with the 502d Air Base Wing and the City of Schertz Police Department. (D. Wait/M. Hansen) The following Was I read into record: RESOLUTION NO. 17-R-78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE 502d AIR BASE WING, AND OTHER MATTERS IN CONNECTION THEREWITH 9-05-2017 Minutes Page - 10 - Mayor Carpenter recognized Police Chief Michael Hansen who stated this is a renewal of the existing M. OU with the security forces at Joint Base San Antonio - Randolph. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -78. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 7. Resolution No. 17 -R -79 — Consideration and /or action approving a Resolution authorizing the purchase of Ambulances from Siddons- Martio;: Emergency Group. (D. Wait /J. Mabbitt) The following was read into record: RESOLUTION NO. 7- A RESOLUTION BY THE CITY COUN( TEXAS AUTHORIZING THE PURCII SIDDONS- MARTIN EMERGENCY GRO CONNECTION THEREWITH Mayor Carpenter recognized EMS Dii Departments ambulance replacement would need to be purchased in FY 201 The EMS Departm inoperable and 6t, are in- service at an goal is to have 4 re In deciding how to n employes and it has 1 Martin Emergency Gr Cooperative program Ambulances. "EMS-1) THE CITY OF SCHERTZ, F AMBULANCES FROM D OTHER MATTERS IN stated as part of the EMS that two new ambulances y has a fleet of eight (8) ambulances (a 9th ambulance is the count), five (5) of these ambulances are "Front line" or e which leaves a reserve fleet of three (3) ambulances. A (lances. Mileage for these ambulances range from 46,000 forward, we spoke with the Fleet Department and the EMS Iecided to purchase these two new ambulances from Siddons - Siddons -Martin Emergency Group is a HGACBuy Purchasing icipant and they are the Texas dealer for Road Rescue �r Mabbitt addressed questions. Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Crawford to approve Resolution No. 17 -R -79. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Resolution No. 17 -R -80 — Consideration and/or action authorizing the Police Department to apply for a 2017 -18 fiscal year grant through the Office of the Governor — Criminal Justice Division. (D. Wait /M. Hansen) 9 -05 -2017 Minutes Page - 11 - a The following was read into record: RESOLUTION NO. 17 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR A CRIMINAL JUSTICE DIVISION OF THE TEXAS GOVERNER'S OFFICE GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen wh6,$tate in response to recent events such as the 2016 shooting of police officers in Dallas, Senate Bill 12 passed during the 85th Legislature and was signed by Governor Abbott.: This authorized the Criminal Justice Division of the Governor's Office to create grant 'program for the purchase of rifle - resistant body armor. Applications are now being accepted for these grant funds. The grant is a reimbursement grant that Will cover the expenditures to outfit those assigned to patrol and tactical units with rifle- resistant body armor. Staff recommends approval of the attached Resolution authorizing, the, application with the Office of the Governor - Criminal Justice Division for rifle- resistantbody armor. Resolution No. 171 "$1 — Consideration and/or action approving a Resolution authorizing an arnendment to the ' Professional Services Agreement with Cobb, Fendley & Associates, Inc., rl.ting to Engineering Design Services for the Woman Hollering Creek Wastewater Line Project. (B. James /I. Woodlee) The following was read into record: RESOLUTION NO. 17 -R -81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER LINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH 9 -05 -201.7 Minutes Page -12 - Mayor Carpenter recognized City Engineer Kathy Woodlee who stated the City of Schertz is undertaking a project to construct a sanitary sewer system to collect and convey wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater line from the existing lift station at the Sedona Subdivision at FM 1.51.8 near the Woman Hollering Creek, approximately 1.1,500 feet to near the intersection of Woman Hollering Creek and the IH 10 right -of -way, a new lift station, and approximately 6,000 feet of force main from the lift station to the CCMA plant. The project will also include an additional gravity line approximately 1,500 feet in length along an unnamed tributary of Woman Hollering Creek that will connect to the primary gravity main. This system will provide the initial wastewater flow to the new CCMA plant and is necessary for the plant to begin operation and allow the existing Woman Hollering Lift Station at Sedona to be taken out of service. In September 2015, the City authorized a Fendley & Associates, Inc. (CobbFendle; engineering, land surveying, geotechnica easement acquisition services related to Hollering Creek Wastewater Main Project. During the initial planning and p stakeholders led to the investi; property owners and direction conceptual alignment has been Some factors leading to the recoi trees and tree groupings and tor the project will be Constructed. ces with Cobb, vices including restigation, and of the Woman activities, field-'observations and meetings with alternative alignments. After working with ty Council to - consider alternatives, a new and vetted by CobbFendley and City Staff. new alignment include avoidance of significant of impact to land uses of properties on which Moving:Forward with the new alignment,,, and associated coordination, requires additional professional 8orvices inclining additional preliminary engineering, land surveying, one additional geotechnicl bore, and additional right of entry services. The C 'is ready to move forward with the remainder of the Engineering and Design phase ofihc project. This phase includes completion of the land survey, environmental investigations geotechnical investigation, easement acquisitions, and final construction design. The seope of work for the Engineering and Design Agreement also includes bid and construction phase services. Attachments to this memo include the scope of additional services, an exhibit depicting the original and revised line alignments, and an updated project schedule. The schedule currently anticipates completion of the initial portion of the system by late 2018 and acceptance of the entire project by late 2019. The project will include phased completion of construction to expedite flows to the CCMA plant. Amended Woman Hollering Creek Wastewater Line Project Budget 9 -05 -2017 Minutes Page -13 - Engineering and Design Services $ 589,850 Additional Professional Services $ 42,741 Legal $ 5,000 Advertising $ 1,000 Other Prof Services $ 5,000 Contingency $-60,0 $17,259 Easement Acquisition Prof Services $ 183,300 Easement Acquisition $ 150,000 (Estimated, Excludes Condemnation) Construction $4,496,274 (Estimated) Construction Contingency $ 450,000 Project Total $5,940,424 Staff recommends authorization of the amendment to ; the project agreement with CobbFendley for the additional services requested ' io moue forward with the new alignment of the Woman Hollering Creek Was Lime as identified in the attachments hereto. Ms. Woodlee addressed questions., FISCAL IMPACT The project costs, including Engineering and Design;, is funded with a combination of Capital Recovery and Certificates of Obligation Funds /Water Revenue. Costs for the additional services are within the originally presented budget as project contingency. Capital Recovery: Certificates of Ob Mayor with Mayor mayor tjarpemer reco for a2en&items 1 -9. Closed Session (Estimated) 111 1 Councilmember Gutierrez who moved, seconded by approve Resolution No. 17 -R -81. The vote was unanimous wards, Councilmembers Davis, Gutierrez, Larson, Ord voting for and no one voting no. Motion passed. Secretary Brenda Dennis who provided the roll call vote 10. City Council will meet in closed session under Section 551.071 of the Texas Government Code, Consultation with the City Attorney to discuss: a. The legal parameters of municipal regulatory authority under SB 1004, relating to the deployment of network nodes in public right -of -way, and possible legal challenges to the implementation. b. Proposed settlement agreement received in regard to former employee Michael Harris. 9 -05 -201.7 Minutes Page -14 - Mayor Carpenter convened into Closed Session at 7:48 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into Regular Session at 8:48 p.m. 10a. Take any action based on discussions held in closed session under Agenda Item 1.0. No action taken. Requests and Announcements 11. Announcements by City Manager. No further announcements were made. 12. Council members to request that items be placed:on a future agenda. No discussion of the merits of the item may be taken at this time. Should Council Member oppose placement of the requested item on a future agenda, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future:ageuda for full considpr4ion. Mayor Carpenter May we had a gr programs from ei entrepreneurship, could in the near staff and ESC o grams for Mayor Carpenter session to dibuss s nized Councilmember Wvts who stated that back on the 2nd of - sentation from tDC that talked about different potential funding DC or the general fund. On one of the slides they presented was a a proposal for economic development opportunities for businesses, existing-- businesses in target areas, he asked if we he would like to see some draft proposals coming from the city t those four areas would look like with recommended amounts, treatn if any that would allow us to look at implementing some of Councilmember Crawford who requested an executive Mayor Carpenter recognized City Attorney Charlie Zech who stated to be clear you can request an agenda'item and then decide whether you want to go into executive session and the individual subject to that has the right to have that discussion in open session. Councilmember Crawford requested that this be placed on the agenda to discuss the sensor and issues of social media. Mayor Carpenter stated that we will not be able to talk about policy matters in executive session this would be a discussion about an individual and an individual act. 9 -05 -201.7 Minutes Page -15 - Councilmember Crawford stated that there is a lack of information in our Charter and under our Ethics ordinance that talks about sensor and what it means and what happens. Mayor Carpenter answered and stated that the only thing that we can do is under Section 551.074 is have an executive session scheduled to talk about personnel matters involving a particular Councilmember. City Attorney concurred, Councilmember Crawford concurred with respect regarding the issue that was discussed this evening. Mayor Carpenter recognized Councilmember Larson who objected to having this placed on the agenda. Mayor Carpenter stated that pursuant to that objection, made by one or more members of the City Council Secretary to place on the agenda for the next regular s of placing the item that was objected to on a future a; our next agenda we will need to have an agenda item and discuss the merits of having said executive session Councilmember Crawford stated that he has anothc placed on the agenda a discussion about going back things on the agenda, where anybody can ask to have having to go through a delaying tactic. Mayor Carpenter Mayor Carpenter appropriate or nt Mayor Carpenter 13. Announcements by C mderitem 12 it says if objection is the Mayor shall instruct the City ssion an item, to discuss the merits enda for full consideration. So, on for the Council to take that action it a future meeting:, equest that he would like to have our previous procedure for putting mething,put on the agenda without objected. stated that he was considering whether or not it would be discussion on our rules of procedure, generally speaking. on our next agenda an item be placed for the discussion of a discussion of the City Councils Rules of Procedure on a • City�and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Larson who stated that he unexpectedly witnessed a play this week. It turns out the play was a political drama with some unscrupulous individuals putting selfish ambitions above the community good. It was interesting but distasteful. I give it 0 five stars, I am sad I had to see it and I hope there is not sequel. 9 -05 -2017 Minutes Page -16 - Mayor Carpenter recognized Councilmember Crawford who stated that he attended the TFMA Certification for Flood Plain Management this last week with a couple of city staff. Adiournment As there was no further business, Mayor Carpenter adjourned the meeting at 8:58 p.m. Carpenter, Mayor ATTES Brend, 9 -05 -201.7 Minutes Page -17 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 12, 2017 Department: Subject: BACKGROUND Administration Cancellation of the October 3, 2017 City Council meeting As has been past practice, City Council has cancelled the first meeting of October in observance of National Night out. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the October 3, 2017 City Council meeting. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 12, 2017 Department: Engineering Subject: Resolution 17 -R -82 — A Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Capital Excavation Company generally for the Reconstruction of Schertz Parkway from Maske Road to Live Oak Road. BACKGROUND The existing roadway section of Schertz Parkway between Maske Road and Live Oak Road has numerous pavement failures. Failures include rutting, base failures, potholes, cracking, and pavement oxidation. The nature of the failures and the continual re- appearance of some of the failures indicate the existing roadway section does not have enough structural capacity for the traffic loading on the roadway. Full reconstruction is needed to increase the structural capacity of the roadway. This project also includes reconstruction of the hike and bike trail on the east side of Schertz Parkway that is experiencing the same failures and will be a 10' wide asphalt trail. Recent development activity is extending Live Oak Road west of Schertz Parkway, changing the intersection to a typical intersection from the existing T- intersection configuration. This configuration change, plus existing congestion on Live Oak Road at the intersection of Schertz Parkway created a need for a turning lane on Live Oak Road. Construction of the turning lane was added to this project to take advantages of economies of scale and to reduce the construction delays to the public by having one project instead of two separate ones. The City retained Ford Engineering Inc. to design a new, more robust roadway section for the Schertz Parkway and adding a turn lane to Live Oak Road. Two designs were created for the Schertz Parkway section; an asphalt roadway section and a concrete roadway section. A proposal package was created, with the base bid being the asphalt pavement section and the "alternate -in -lieu of' bid being the concrete pavement section. Sealed proposals were solicited and the City received nine (9) sealed proposals on August 10, 2017. Selection of the best proposal, or the most qualified contractor, was based not only on cost, but the following additional factors: qualifications of the respondent firm and experience on similar projects; experience on public projects; available resources to complete the project; corporate history and stability; and references. A selection committee consisting of City Staff that had no cost knowledge of the proposals reviewed the proposals (excluding the bid tabs) and evaluated each one based on the additional factors. These evaluations were added to the cost information to create a ranking for each proposal. Based on this analysis, Capital Excavation Company for the alternate in lieu of bid (concrete section) was identified as the most qualified contractor for the project. Their bid for the concrete pavement at $934,285.85 was the lowest bid (including the base bid — the asphalt section). Ford Engineering reviewed the bid tabs and concurs with this recommendation. In comparing asphalt versus concrete pavement sections for roadways, one must often consider a life cycle cost. This is due to concrete often being more costly up front, but having a much longer life expectancy and lower maintenance cost than an asphalt section. The life cycle analysis typically used is 40 years as that represents the service life of a concrete pavement section. In this case, the concrete section was less costly than the asphalt section based on the bid prices received. Because of this, a life cycle analysis would only show the concrete section as being more economical for the City than just the bid results show. Goal Award bid to Capital Excavation. Company to reconstruct a segment of Schertz Parkway between. Maske Road and Live Oak Road and to add a turning lane on Live Oak Road at the intersection with Schertz Parkway. When completed, this segment of Schertz Parkway will be a concrete pavement section and Live Oak Road will have a turn lane added to the intersection with Schertz Parkway to improve intersection efficiency. Community Benefit Reconstruction of this segment of Schertz Parkway will remove the currently failing pavement on the roadway, improving the ride quality of the roadway and reducing the ongoing patching costs and efforts associated with maintaining the existing section in serviceable condition. By adding a turn lane to Live Oak Road at the intersection of Schertz Parkway, the project increases the operational efficiency of the intersection, reducing delay times for motorists and easing congestion on Live Oak Road at the intersection. Summary of Recommended Action Staff agrees with Ford Engineering, Inc. and recommends Council approve the contract for the alternate -in -lieu bid of $934,258.85 from Capital Excavation Company with a not to exceed amount of $1,027,685. FISCAL IMPACT Project to be paid for from the excess 2009 Bond project funding ($327,525) and $700,000 from the 2017 Bond proceeds. Originally, the Engineering Department budgeted $1,500,000 for the project (estimated $800,000 excess funding from the 2009 Bond projects and $700,000 from the 2017 . Bond proceeds. Actual available amount is $677,525 from the 2009 bond projects for a total of $1,377, 525). RECOMMENDATION Staff recommends Council approve Resolution 17 -R -82 and award the bid for the Schertz Parkway Reconstruction from Maske Road to Live Oak Road to Capital Excavation Company for the alternate - in -lieu of bid of $934,258.85 with a do not exceed amount of $1,027,685. ATTACHMENTS Resolution 17 -R -82 Letter of Recommendation Cost Proposal. Tabulation Project Area RESOLUTION NO. 17 -R -82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH CAPITAL EXCAVATION COMPANY RELATING TO THE RECONSTRUCTION OF SCHERTZ PARKWAY FROM MASKS ROAD TO LIVE OAK ROAD AND ESTABLISHING THE BUDGET FOR THE PROJECT WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from Capital Excavation Company relating to the Schertz Parkway Reconstruction from Maske Road to Live Oak Road and approve the project expenditures; and WHEREAS, City staff has received qualifications indicating that Capital Excavating Company. is qualified to provide such services for the City; and WHEREAS, the project will be funded from excess 2009 Bond project funding and 2017 Bond proceeds as outlined in Exhibit "A ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with Capital Excavation Company for an amount of $934,258.85 with an amount not to exceed $1,027684.74. 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 12th day of September, 2017. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M d "d August 30 2017 Project No 1124.9209 City, of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Re: Schertz Parkway Reconstruction: Maske Rd. to E. Live Oak Rd. Recommendation for Award Nine (9) bids were received on the above referenced project at City of Schertz City Hall on August 10, 2017. The bids are tabulated and attached, along with supporting information required in the Instruction to Bidders. Review of the tabulation indicates that there were no irregularities for Capital Excavation, the Base Bid is $1,012,333.45 the Alternate In -Lieu of is $934,258.85. The Engineer's Estimate for the Alternate In -Lieu of was $1,668,285.76. A comparison of average unit prices indicates no irregularities that would compromise the project. Ford Engineering, Inc. called three of the references provided by Capital Excavation for projects of similar scope or cost. The references were positive with regards to quality of work and working relationship. It is Ford Engineering, Inc.'s recommendation that Capital Excavation be awarded the project for the Alternate In -Lieu of for the amount of $934,258.85. Should there be questions, or if further information is needed, please do not hesitate to call me at 210 -590 -4777. Sincerely Mark B. Hill, PE FORD ENGINEERING, INC. Incl.` Bid Tabulation, Verification' of Low Bidder Unit prices, Summary of references'` called. Schertz Parkway Reconstruction: Maske Rd to E. Live Oak -. #1 7-ENG-28-S-01 -Cost Proposal Tabulation Base BId (tams Traffic Control and Regulation ilgiii- ��F_ Adjust Manhole and From. and C-s, am Reconstruct Manhole and Frame and Cave Adjust Valve Bus Remove Asphalt Pavatent (complete) fMulti-use Path) Remove Curb fooreplete) Roadwav Excavation FlewbId Base fl T) Gensirld Reinforcement for Pavement HMAC Type D f2') HMAC Type D Multiuse Path (1.51 Concrete Driveways Thannoplactic Pavement Markinqs (white) (241 Curb and Gutter Low Profile Concrete Banner (install, adjust & remove) • Alternate In -Lieu Of TPDES -Sterri Water Pollution Prevention Plan ffur.M.T.F11 ME Control and Peculation gloom =.... I. ... 111 —Traffic Adjust Manhole and Feeme, and Cover Reconstruct Manhole and Frame add Cover Adjust Valve Box ®® © ® ®E�t� E�E1i.� E�E��kllt EE�C�If��E�SEE�E� Remove Concrete Sidewalk and Did- ®� E- ----- E�E�rEP� EE���IE7�EE� HMAC Type D Multi... Path Il Ht ' ®� • � ®�E�d=1 E�E�IT� '. „ .', E�E�� '. , E�E���IE7�E�E�I� ®® © ®E�17 EEC E�E�iffiIt '. , EE��IE�SEEffiIf Raised Reflective Pavement Markinq Tvpe I (one rel-Fecove face) ®� O��E�1 E�E� '. E�EdZI • E�E��IE7�EE�I� ®� O��EIT1 E�EIfiS� '. E�Ed� E�E2���E�SE�EsY�tt Therrofflastic Pdaeorent Matures (white) (24") 0� O��E��C• E�E10 E�E� '. EE4��IE7�E�EtI� �® ®��EkE21 E��F3� '. • EE�1 '. • E�EI7�IEII�E�EI7 Curb and Gutter 0� ®�E1Eil�1E�l1E��E� E�E�I�1E�§E4���L�111��1�ifia4� 0 0� Concrete Aforn Behind Sawketh Curb & Gutter In -Lieu Bid Items Total - $ 934,258.85 - No Bid - $ 1,539,736.80 - $ 1,393,443.00 - $ 1,158,798.98 - $ 1,231,220.75 - $ 1,627,863.00 - No Bid $ 1,782,725.50 ENIV.11191M I I 1;10 ILIATA I K-11 This Agreement is made and entered into as of the day of _, 2017 by and between the: "OWNER" The City of Schertz 1.400 Schertz Parkway Schertz, Texas 78154 210.619. 1000 t 210.619.1009 f and "CONTRACTOR" Capital Excavation Company 2967 Business Park Drive Buda, Texas 78610 With a Mailing address of.- PO Box 1301 Austin, Texas 78767 512.440.1717 t for the following Project: Schertz Parkway Reconstruction Maske Road to East Live Oak Road # 17-ENG-25-S-01 Schertz City Project #ST-C- 1703 The ENGINEER for the Project is: Ford Engineering, Inc. 10927 Wye Drive, Suite 104 San Antonio, Texas 78217 210.590.4777 t 210.590.4940 f �31 : 1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable: o Request For Competitive Sealed Proposals "Schertz Parkway Reconstruction Maske Road to East Live Oak Road #1.7- ENG- 25- S -01 ", Schertz Project #ST -C -1.703 and Contract Forms o Addenda issued by ENGINEER and OWNER o General Conditions o Proposal from CONTRACTOR o Performance and Payment Bonds o Technical. Specifications o Drawings 2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 180 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial . occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of Six hundred dollars per day ($600). for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. § 2.5 FINAL COMPLETION § 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General. Conditions to this Agreement. § 2.5.2 Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR's performance of the Contract. The Contract Sum shall be Nine Hundred, Thirty - Four Thousand, Two Hundred Fifty -Eight Dollars and Eighty -Five Cents ($934,258.85) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the Alternate In Lieu of Proposal described in the Contract Documents and hereby accepted by the OWNER: No other alternates are applicable to this project. § 3.3 Unit prices, for the purposes of negotiating change orders, if any, are those as provided in the CONTRACTORS proposal dated and received by the City of Schertz on August 1.0, 2017. . SFA - 3 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. § 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. § 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the OWNER; and .4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a Certificate for Payment. § 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon. Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the ENGINEER shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the CONTRACTOR, any additional amounts payable. § 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT the OWNER to the CONTRACTOR when .1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR's responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a letter of Final Acceptance has been issued by the ENG]NEER and accepted by the OWNER. § 4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the ENGINEER's final Certificate for Payment. 111i: 1 1 SRI 11 l�i 11 OWNER C RACTOR By: By: — Tames C. Bradley Title: Title: President A partnership consisting of An individual doing business as IN MI mlililwi WIRIM-MINIIIIER i MIMM! Mill Mill I 'EM!I MWIT I I S m Base Cost Proposal I Day T14 9W 04,8- V%kU,.JtQ I _(Dollars) and %ruwxy Ft ve (Cents) ($ f 61 .45 jt= 2. 4533 and 'm I &OW-0y V4 (Cents) City of Schertz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. TABULATION OF BASE PROPOSAL: The Base Cost proposal shown in CP -I is itemized as follows: I TPD> S -Storm Water Pollution Is I Prevention Plan o 2 Mobilization is 1 a *00 0 3 Traffic Control and Regulation is I i u fA 4 Adjust Manhole and Frame and ea 3 Cover Nlma ► p 5 Reconstruct Manhole and Frame and ea 1 Cover o Vo IV., o $ 6 Adjust Valve Box ca 2 $ Z1446 7 Remove Asphalt Pavment (complete) sy L;227 (Multi -use Path) e 0 Remove Concrete Sidewalk and sy 287 6,488 W CP - 2 Bidder's Signature City of Scheitz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. ITEM ITEM IIESCRIPTICDN UNIT QTY UNIT PRICE IN TOTAL IN NO. (UNIT PRICE TO BE FIGURES FIGURES WRITTEN IN WORDS) 11 Flexible Base (12 ") sy 10,068 0 bo 1 12 Geogrid Reinforcement for Pavement sy 10;068 fj E b 13 HMAC Type D (2 ") tan 1,241 L1111V Lam-,Y a 14 HMAC Type B (10 ") ton 5,,984 1A ) e 1 a * ° t 15 HMAC Type D Multiuse Path (I.5 ") ton 112 1 a 16 HMAC Type B Multiuse Path (4 ") ton 313 L-LAaa a I $ z p 17 Prime Coat gal 2,014 i 18 Tack Coat gal 1,265 to LL&ez WS 1 19 Concrete Driveways sy 201 ) t ! a , 1 20 Raised Reflective Pavement ea 80 Marking Type 1(one rt.lfective face) T:, V& • CP -3 Bidder's Signature> City of Schertz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE IN TOTAL IN (UNIT PRICE TO BE FIGURES FIGURES WRITTEN IN WORDS) 21 Raised Reflective Pavement ea 46 Marking Type li (two relfective face) t I 22 Theroplastic Pavement Markings if 734 (white) (4 ") ®, , 23 Themoplastic Pavement Markings if 330 (white) (8u) r w 24 Themoplastic Pavement Markings if 235 (white) (24 ") t , ZCj 2, 25 Themoplastic Pavement Markings if 991 (yellow) (4 ") .r 26 Themoplastic Pavement Markings If 78 (yellow) (2411) L4 V1 27 Themoplastic Pavement Symbols ea 5 (left arrow) t000jW 0 XrY V I U-Iff $ / 28 Curb if 396 � l 29 Flush Curb If 1,295 } 30 Curb and Gutter if 321 CP -4 Bidder's Signature City of Schertz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. —I'I—E—M ITEM DESCRIPTION— —UNIT —QTY UNIT PRICE IN — TOTAL —IN NO. (UNIT PRICE TO BE FIGURES FIGURES WRITTEN IN WORDS) 31 Concrete Sidewalk (5') ffiw� sy 55 :1 I-AVY $ Jan 32 Sodding sy 191 3 ff 1=� - A )a 6 =0 . L.: eTY - $ 33 Low fi—If Profile Concrete Barrier (install, 410 adjust & remove) r%,,#jRAJ-jV & 14 UY"Y $:j V C- e. jffA* '1:5 33 Concrete Apron Behind Sawtooth SY 5 Curb & Gutter &gA,)gV )jL0jj)ppj> Dollars CP - 5 Bidder's Signatur City of Schertz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. TABULATION OF ALTERNATE IN LIEU OF PROPOSAL: The Alternate In Lieu of Cost Proposal as shown in CP -I is further itemized as follows: ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE IN TOTAL IN NO. (UNIT PRICE TO BE FIGURES FIGURES WRITTEN IN WORDS) 35 TPDES -Storm Water Pollution Is I Prevention Plan dn 1471, "UAQ *A" �b -25 as $ 36 Mobilization Is I &I I AJ b'ry $ 9,0 37 Traffic Control and Regulation Is I _rk.." ekAT4/ Fib- 4L. C 38 Adjust Manhole and Frame and Cover ea 3 a- r-Q&V AS^AAD )J I $ 39 Reconstruct Manhole and Frame and ea I Cover 45M%1S 4J _7_V1Z%-1*AAAb 44 # A.1i p M�Ajbftlb Ob 40 Adjust Valve Box ca 2 6,4J—W -r14W_0fi^XXb 14,-WO A-RZ_`D 41 Remove Asphalt Pavment (complete) sy 1227 .1&22�11 (multi-use path ±6") 0"..AMS 42 Remove Concrete Sidewalk and sy 287 Driveway -J_-M,,LLW%V-5 Lis 43 Remove Curb (complete) if .S,f 44 Roadway Excavation cy 4rp�-ZOO CP -6 Bidder's Signature City of Schertz Schertz Parkway Reconsttrttction: Maske Rd to E. Live Oak Rd. ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE IN TOTAL I NO. (UNIT PRICE TO BE FIGURES FIGURE WRITTEN IN WORDS) 55 Raised Reflective Pavement Marking ea 46 Type II (two relfective face) 1V b t t $ 56 Themoplastic Pavement Markings If 734 (white) (4 ") / w I - 57 Themoplastic Pavement Markings if 330 (white) (8 ") cu4x a 58 Thermoplastic Pavement Markings if 235 (white) (24 ") i/ a $ $ �, 59 Themoplastic Pavement Markings if 9 1 (yellow) (4 ") ,f �# 60 Themoplastic Pavement Markings if 78 (yellow) (24 ") o CO 61 Themoplastic Pavement Symbols (left ea 5 arrow) �y r bb 62 Curb If 396 i .Ve CIB071, 63 Flush Curb If 1295 LID $' $ d 6 33 64 Curb and Gutter If 321 $ $ City of Scheitz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE IN TOTAL IN NO (UNIT PRICE TO BE FIGURES FIGURES WRITTEN IN WORDS) 191MINNAIMMEHMM 65 ME= Concrete Sidewalk (5') ffim�� sy 55 V10Y cnm&ms 66 Sodding sy 191 too Aw emy cear-s' 1.- 890 67 Low Profile Concrete Barrier (Remove if 410 & Install) RTY,3:>u0"t.A-W-S —Apron —68— Concrete Behind Sawtooth Curb if 5 & Gutter bAJB U%jM'b2Ab &L,"" JLJ 65 Concrete Sidewalk (Y) sy 55 F" T OTA L ALTERNATE IN LIEU OF PROPOSAL I Dollars M r AJTS� guAiftraBb V10,11, CP -9 Bidder's Signature I af'APITA L EXCAVATION Quote To: Capital Excavation PO Box 1301 Austin, TX 78767 Contact: Phone: 512- 440 -1717 Email: Estimating @CapitalExcavation.com Bid Date: Page 1 of 3 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT BASE BID 10 TPDES -STORM WATER POLLUTION PREVENTION PLAN 1.00 LS 7,500.00 7,500.00 20 MOBILIZATION 1.00 LS 100,000.00 100,000.00 30 TRAFFIC CONTROL AND REGULATION 1.00 LS 24,900.00 24,900.00 40 ADJUST MANHOLE AND FRAME AND COVER 3.00 EA 1,910.00 5,730.00 50 RECONSTRUCT MANHOLE AND FRAME AND COVER 1.00 EA 7,600.00 7,600.00 60 ADJUST VALVE BOX 2.00 EA 1,220.00 2,440.00 70 REMOVE ASPHALT PAVMENT (COMPLETE) (MULTI -USE PATH) 1,227.00 SY 5.35 6,564.45 80 REMOVE CONCRETE SIDEWALK AND DRIVEWAY 287.00 SY 19.45 5,582.15 90 REMOVE CURB (COMPLETE) 447.00 LF 6.15 2,749.05 100 ROADWAY EXCAVATION 6,488.00 CY 16.00 103,808.00 110 FLEXIBLE BASE (12 ") 10,068.00 SY 9.00 90,612.00 120 GEOGRID REINFORCEMENT FOR PAVEMENT 10,068.00 SY 3.20 32,217.60 130 HMAC TYPE D (2 ") 1,241.00 TON 72.20 89,600.20 140 HMAC TYPE B (10 ") 5,984.00 TON 68.90 412,297.60 150 HMAC TYPE D MULTIUSE PATH (1.5 ") 112.00 TON 82.20 9,206.40 160 HMAC TYPE B MULTIUSE PATH (4 ") 313.00 TON 83.30 26,072.90 170 PRIME COAT 2,014.00 GAL 3.30 6,646.20 180 TACK COAT 1,265.00 GAL 4.30 5,439.50 190 CONCRETE DRIVEWAYS 201.00 SY 86.30 17,346.30 200 RAISED REFLECTIVE PAVEMENT MARKING TYPE I (ONE REL 80.00 EA 5.50 440.00 210 RAISED REFLECTIVE PAVEMENT MARKING TYPE t1 (TWO RE 46.00 EA 5.50 253.00 220 THEMOPLASTIC PAVEMENT MARKINGS (WHITE) (4 ") 734.00 LF 1.10 807.40 230 THEMOPLASTIC PAVEMENT MARKINGS (WHITE) (8 ") 330.00 LF 2.20 726.00 Page 1 of 3 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 240 THEMOPLASTIC PAVEMENT MARKINGS (WHITE) (24 ") 235.00 LF 5.50 1,292.50 250 THEMOPLASTIC PAVEMENT MARKINGS (YELLOW) (4 ") 991.00 LF 1.10 1,090.10 260 THEMOPLASTIC PAVEMENT MARKINGS (YELLOW) (24 ") 78.00 LF 5.50 429.00 270 THEMOPLASTIC PAVEMENT SYMBOLS (LEFT ARROW) 5.00 EA 165.00 825.00 280 CURB 396.00 LF 16.85 6,672.60 290 FLUSH CURB 1,295.00 LF 17.40 22,533.00 300 CURB AND GUTTER 321.00 LF 20.10 6,452.10 310 CONCRETE SIDEWALK (5') 55.00 SY 60.20 3,311.00 320 SODDING 191.00 SY 9.90 1,890.90 330 LOW PROFILE CONCRETE BARRIER (INSTALL, ADJUST & RE 410.00 LF 20.85 8,548.50 340 CONCRETE APRON BEHIND SAWTOOTH CURB & GUTTER 5.00 SY 150.00 750.00 341 BASE BID TOTAL $1,012,333.45 - -ALT -- 360 TPDES -STORM WATER POLLUTION PREVENTION PLAN 1.00 LS 8,500.00 8,500.00 370 MOBILIZATION 1.00 LS 90,000.00 90,000.00 380 TRAFFIC CONTROL AND REGULATION 1.00 LS 24,900.00 24,900.00 390 ADJUST MANHOLE AND FRAME AND COVER 3.00 EA 1,910.00 5,730.00 400 RECONSTRUCT MANHOLE AND FRAME AND COVER 1.00 EA 7,900.00 7,900.00 410 ADJUST VALVE BOX 2.00 EA 1,220.00 2,440.00 420 REMOVE ASPHALT PAVMENT (COMPLETE) (MULTI -USE PATH 1,227.00 SY 3.25 3,987.75 430 REMOVE CONCRETE SIDEWALK AND DRIVEWAY 287.00 SY 19.45 5,582.15 440 REMOVE CURB (COMPLETE) 447.00 LF 6.15 2,749.05 450 ROADWAY EXCAVATION 4,580.00 CY 15.75 72,135.00 460 FLEXIBLE BASE (6 ") 9,686.00 SY 4.85 46,977.10 470 FLEXIBLE BASE (12 ") 43.00 SY 41.00 1,763.00 480 HMAC TYPE D (2 ") 26.00 TON 72.20 1,877.20 490 HMAC TYPE B (10 ") 220.00 TON 68.90 15,158.00 500 HMAC TYPE D MULTIUSE PATH (1.5 ") 112.00 TON 82.20 9,206.40 510 HMAC TYPE B MULTIUSE PATH (4 ") 313.00 TON 83.30 26,072.90 520 TACK COAT 160.00 GAL 4.30 688.00 530 CONCRETE PAVING (11 ") 9,686.00 SY 54.90 531,761.40 540 CONCRETE DRIVEWAYS 201.00 SY 86.30 17,346.30 550 RAISED REFLECTIVE PAVEMENT MARKING TYPE I (ONE REL 80.00 EA 5.50 440.00 560 RAISED REFLECTIVE PAVEMENT MARKING TYPE II (TWO RE 46.00 EA 1 5.50 253.00 Page 2 of 3 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 570 THEMOPLASTIC PAVEMENT MARKINGS (WHITE) (4 ") 734.00 LF 1.10 807.40 580 THEMOPLASTIC PAVEMENT MARKINGS (WHITE) (8 ") 330.00 LF 2.20 726.00 590 THEMOPLASTIC PAVEMENT MARKINGS (WHITE) (24 ") 235.00 LF 5.50 1,292.50 600 THEMOPLASTIC PAVEMENT MARKINGS (YELLOW) (4 ") 991.00 LF 1.10 1,090.10 610 THEMOPLASTIC PAVEMENT MARKINGS (YELLOW) (24 ") 78.00 LF 5.50 429.00 620 THEMOPLASTIC PAVEMENT SYMBOLS (LEFT ARROW) 5.00 EA 165.00 825.00 630 CURB 396.00 LF 16.85 6,672.60 640 FLUSH CURB 1,295.00 LF 17.40 22,533.00 650 CURB AND GUTTER 321.00 LF 20.10 6,452.10 660 CONCRETE SIDEWALK (5') 55.00 SY 54.50 2,997.50 670 SODDING 191.00 SY 9.90 1,890.90 680 LOW PROFILE CONCRETE BARRIER (REMOVE & INSTALL) 410.00 LF 30.05 12,320.50 690 CONCRETE APRON BEHIND SAWTOOTH CURB & GUTTER 5.00 LF 151.00 755.00 691 TOTAL ALTERNATE $934,258.85 GRAND TOTAL $1,946,592.30 Page 3 of 3 City of Scheitz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. I Complete the additional requirements of the Proposal which are included on the following pages. 2. Respondent must return pages CP-1 through CP-11 with this Proposal. Any and all Addenda; which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this bid. 3. The Work included in this Proposal shall be Substantially Complete, as defined in the General Conditions within 180 calendar days from issuance of the Notice to Proceed. Complete the additional requirements of the Proposal. All blanks must be filled in for the Proposal to be considered responsive. If a question is not applicable, put the words "not applicable" in the space provided. 1. What similar public works projects has your company completed? CP - to Bidder's Signature City of Schertz Schertz Parkway Reconstruction: Maske Rd to E. Live Oak Rd. Accompanying this proposal is a Bid Bond or Certified or Cashier's, Check on a State or National Bank payable to the Order of the City of Schertz, Texas for lao I In:, -6 4b o-SM> *S 'Jo 4*V dollars ($ ), which amount represents five percent (5%) of the total bid price. Said bond or check is to be returned to the Respondent unless the proposal is accepted and the Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the Respondent to execute the contract. The City of Schertz, Texas reserves the right to reject any and all proposals. It is anticipated that the Owner will act on this proposal within 60 calendar days after the proposal opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Scheitz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the faffillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 180 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the proposal prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that Respondent's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the Respondent will affirmatively cooperate in the implementation of these policies and practices. Signed: Auigo'rized onipany Signature a—, Name Printed CITY OF SCHERTZ, TEXAS REQUEST FOR COMPETITIVE SEALED PROPOSALS (RFCSP) for SCHERTZ PARKWAY RECONSTRUCTION MASKE ROAD TO EAST LIVE OAK ROAD RFCSP #17- ENG- 28 -S -01 / Schertz Project ST -C -1703 ADDENDUM NO. 1 Date of Addendum: July 24, 2017 This addendum provides a clarification of the pre- submittal conference day. A Pre - Submittal conference is scheduled for Wednesday July 26, 2017 at 10:00 A.M. (CST) in the City of Schertz Bob Andrews Conference Room at 1400 Schertz Parkway, Bldg. #1, Schertz, Texas 78154. END CHANGES TO RFP No other items, dates or deadlines for this RFCSP are changed. END OF ADDENDUM #1 No acknowledgement of this Addendum No. l is required with a proposal response. keA:::N k_W >C'Pa" vvooum I ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE IN FIGURES TOTAL IN FIGURES NO. (UNIT PRICE TO BE WRITTEN IN WORDS) 45 Flexible Base (6 ") sy 9686 SPECIFICATIONS No Change PLANS: No Change. 8 -2 -2017 ..... ................... MARK B. HILL Mark B Hill, PE • • :• Ford Engineering, Inc. 0 94904 TBPE No. FO 1162. Fs` C e N s °c? NAI�E.N Acknowledgement by Bidder Each bidder is requested to acknowledge receipt of this Addendum No.2 by his /her signature affixed hereto and to file it with and attached to his /her bid. The undersigned acknowledges receipt of this Addendum No. 2, and that the bid submitted herewith is in accordance with the information and stipulations set forth. I1bIl'a•• Date Signature oTf3idder Typed or Printed Name 3 of 3 golm as go, v] I gis MOIR&I 1111-1 This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire i being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relati ship as defined by Section 176.001(1-a) with a local governmental entity and the a' be I in' ship as d n a a defined ne vendor meets requirern is under Section 176.006(a), u Bylaw this questionnaire rn t be filed with the records administrator of the local governmental entity not later m than the 7th business day aft the date the vendor becomes aware of facts that require the statement to be 1 6 0 ft 1 L c I filed, See Section 176.006(a-1 Local Government Code. t A vendor commits an offense if he enclor knowingly violates Section 176.006, Local Government Code. An 'is offense under this section being filed misded eanor. 1J Name of vendor who has a busNess relationship with local governmental entity. Date Received Check this box if you are filing an date to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the app priate filing authority not later than the 7th business day after the date on which 1p you became aware that the origin\allyfi questionnaire was incomplete or inaccurate.) CIO as necessary. Nv�c A. Is the local government officer or a family member of the office receiving or likely to receive taxable income, other than investment income, from the vendor? receiving r "k' E:1 Yes E:j No than invest nt i B. Is the vendor receiving or likely to receive taxable income, other \ Income, from or at the direction I of the local government officer or a family member of the officer AND the taxabl income is not received from the local governmental entity? E:1 Yes E:1 No Describe each employment or business relationship that the vendor named in Section 1 maintains ith a corporation or other business entity with respect to which the local government officer serves as an c �diitector, or holds an ownership interest of one percent or more. Checkthis box if the vendor has given the local government officer or a family member of the officer one or more gifts CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http: / /www.statutes.legis.state.tx. us/ Docs /LG /htm /LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1 -a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code & 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a -1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a -1); or (3) has a family relationship with a local government officer of that local governmental entity. (a -1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017 - 247398 Capital Exavation buda, TX United States Date Filed: 08/09/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Schertz Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ST -C -1703 roadway reconstruction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary bradley, james buda, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. TRACY LEE MCTEER �,�- -- NOTARY PUBLIC ®y STATE OF TEXAS 10 MY COMM. EXP. -31 -2018 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20�, to certify which, witness my hand and seal of office. L, Lcm(—L 1 d m I,, Signatur officer ad istering oath Printed n am3 of officer administering oath Title of fficer administering oath `Harms provided by Texas .0 version I I I to] OTMOD la April 25, 2017 City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 SITEWORK * HIGHWAY CONTRACTORS (512) 440-1717 e FAX (512) 440-0844 Lalexcavation.com RE: Qualifications of Respondent Firm and Experience on Similar Projects Dear Sir or Madame: Capital Excavation was one of two contractors short listed for the design build of Hausman Rd. project, This project included alternative technical concepts to decrease congestion, reduce construction costs, and save on construction time. Estimate construction cost was $65,000,000.00 Capital Excavation was the contractor for Market St. for the City of San Antonio. The estimated construction price was $39,000,000.00, which had over $2,000,000.00 of value engineering. The project had a very aggressive construction schedule which included several milestones. Capital Excavation completed these milestones ahead of schedule. Please feel free to call me with any questions. Sincerely, CAPITAL EXCAVATION COMPANY Chase Botkin Chief Estimator Sitework e Excavation * Streets 9 Structures @ Blasting * Utilities 77i71�M�i RECENT PROJECT EXPERIENCE 1. PROD ECT: Hays Co. RM 12 LOCATION: Wimberley, Tx OWNER: Txdot CONTRACT $: $6 Million OWNER REP: Don Nyland, PE CONTACT NUMBER: 512- 282 -2113 COMPLETION DATE: 5/5 2. PROJECT: Hays Co. RM 12 (Wimberley Square) LOCATION: Wimberley, Tx OWNER: Txdot CONTRACT $: $1.5 Million OWNER REP: Ben Engelhardt CONTACT NUMBER: 512 - 282 -2113, PE COMPLETION DATE: 6/13 3. PROJECT: Blanco Co. RM 165 Bridge LOCATION: Between Wimberley & Blanco OWNER: Txdot CONTRACT $: $1.5 Million OWNER REP: Kathy Kratz CONTACT NUMBER: Txdot Burnet COMPLETION DATE: 8/16 4. PROJECT: Blanco Road Reconstruction & Widening LOCATION: San Antonio, Texas OWNER: Bexar County CONTRACT $: $33 Million OWNER'S REP: Dave Wegmann, PE CONTACT NUMBER: 210- 335 -3816 COMPLETION DATE: 5/12 S. PROJECT: McKinney Falls Parkway Extension LOCATION: Austin, Texas OWNER: CONTRACT $: OWNER REP: CONTACT NUMBER: COMPLETION DATE: 6. PROJECT: LOCATION: OWNER: CONTRACT $: OWNER REP: CONTACT NUMBER: COMPLETION DATE: 7. PROJECT: LOCATION: OWNER: CONTRACT $: OWNER REP: CONTACT NUMBER: COMPLETION DATE: 8. PROJECT: LOCATION: OWNER: CONTRACT $: OWNER REP: CONTACT NUMBER: COMPLETION DATE: 9. PROJECT: LOCATION: OWNER: CONTRACT $: OWNER REP: COMPLETION DATE: 10. PROJECT: LOCATION: OWNER: CONTRACT $: OWNER REP: CONTACT NUMBER: COMPLETION DATE: Travis County $7 Million Chiddi N'Jie, PE 512 - 8547585 5/13 7TH Street Reconstruction Austin, Texas City of Austin Public Works $4 Million Clay Harris 512- 9747895 1/13 EM 2222 — Bull Creek Austin, Texas Texas Department of Transportation $7 Million Terry McCoy, PE 512 - 9747895 4/04 Market Place Extension Kyle, Tx City of Kyle $3.5 Million Leon Barba City of Kyle 12/16 Market Street Reconstruction San Antonio, TX City of San Antonio $36 Million 12/15 Wells Branch Extension Austin, Texas Travis Co. $16 Million Chiddi N'Jie, PE 512 - 854 -7585 3/17 G 4 APIT 7A.L EXGAX r'.dz IY 4. PROJECT: DESCRIPTION: LOCATION: OWNER: ENGINEER: CONTRACT $: COMPLETION Yager Lane @ IH 35 Construct bridge over IH 35 Austin, Texas Txdot North Travis area office Terry McCoy $23 Million DATE: 8/05 S. PROJECT: McCORMICK RANCH PHASE 1 SUBDIVISION DESCRIPTION: Water, wastewater, drainage, paving, electric, gas. LOCATION: Austin, Texas OWNER: Thompson Realty, Chris Thompson, 972 - 644 -2400 ENGINEER: Texas Engineering Solutions, Hank Smith, PE, 512- 940 -0505 PROJECT EXPERIENCE 1. PROJECT: Burnet Co. SH 29 DESCRIPTION: Construct bridge over Inks Lake LOCATION: Burnet, Texas OWNER: Txdot Burnet area Office ENGINEER: Txdot, Terry McCoy CONTRACT $: $16 Million COMPLETION DATE: 5/02 2. PROJECT: Guadalupe Co. SP 98 DESCRIPTION: Construct bridge and approaches over Guadalupe River LOCATION: Kerrville, Texas OWNER: Txdot Kerr area office ENGINEER: Txdot, Mike Coward CONTRACT $: $9 Million COMPLETION DATE: 8/08 3. PROJECT: Bastrop Loop 230 DESCRIPTION: Construct bridge and approaches over Colorado River LOCATION: Smithville, Texas OWNER: Txdot Bastrop area office ENGINEER: Txdot, Danny Smith CONTRACT $: $8 Million COMPLETION DATE: 9/13 4. PROJECT: DESCRIPTION: LOCATION: OWNER: ENGINEER: CONTRACT $: COMPLETION Yager Lane @ IH 35 Construct bridge over IH 35 Austin, Texas Txdot North Travis area office Terry McCoy $23 Million DATE: 8/05 S. PROJECT: McCORMICK RANCH PHASE 1 SUBDIVISION DESCRIPTION: Water, wastewater, drainage, paving, electric, gas. LOCATION: Austin, Texas OWNER: Thompson Realty, Chris Thompson, 972 - 644 -2400 ENGINEER: Texas Engineering Solutions, Hank Smith, PE, 512- 940 -0505 CONTRACT $: $1.6 Million COMPLETION DATE: 4/15 6. PROJECT: EAST AVENUE SUBDIVISION PHASES 1 -6 DESCRIPTION: Water, wastewater, drainage, paving, electric, water quality. LOCATION: Austin, Texas OWNER: Cypress Realty Advisors, Katie Daly, 512 - 494 -8510 ENGINEER: Jones & Carter, Gemsong Perry, PE, 512 -441 -9493 CONTRACT $: $3.3 Million COMPLETION DATE: 4/13 7. PROJECT: MERIDIAN PHASE F DESCRIPTION: Water, wastewater, drainage, paving, electric, water quality. LOCATION: Austin, Texas OWNER: Stratus Properties, Dave Ruehlman, 512 -478 -5788 ENGINEER: UA Engineering, Daniel Ryan, PE, 512- 439 -4700 CONTRACT $: $2.5 Million COMPLETION DATE: 6/13 8. PROJECT: GREY ROCK PHASE 2 DESCRIPTION: Water, wastewater, drainage, paving, electric, gas, water quality. LOCATION: Austin, Texas OWNER: Blake Magee Company, Leanna Einhaus, 512 - 481 -0303 ENGINEER: UA Engineering, Daniel Ryan, PE, 512 - 439 -4700 CONTRACT $: $2.0 Million COMPLETION DATE: 7/15 9. PROJECT: SUMMERPOINTE SECTIONS 1 & 2 DESCRIPTION: Water, wastewater, drainage, paving, electric, water quality. LOCATION: Buda, Texas OWNER: Austin Blue Sky Investments, John Harris, 512 - 327 -8850 ENGINEER: NDS Engineering, Danny Smith, PE, 512 - 281 -3344 CONTRACT $: $1.7 Million COMPLETION DATE: 8/14 10. PROJECT: MARKET STREET REALIGNMENT DESCRIPTION: Water, wastewater, chilled water, drainage, paving, electric. LOCATION: San Antonio, Texas OWNER: City of San Antonio, Alan Lopez, 210 - 207 -3334 ENGINEER: URS Engineering, David Hedlund, 210 - 377 -3764 CONTRACT $: $34 Million COMPLETION DATE: 12/15 11. PROJECT: TRAVIS CO, US 290 (CONVICT HILL) DESCRIPTION: Street, drainage, water. LOCATION: Austin, Texas OWNER: TXDOT, Ben Engelhardt, PE, 512 - 282 -2113 ENGINEER: TXDOT, Ben Engelhardt, PE 512 - 282 -2113 CONTRACT $: $7 Million COMPLETION DATE: 12. PROJECT: DESCRIPTION: LOCATION: OWNER: ENGINEER: CONTRACT $: COMPLETION DATE: NORTH LBJ DRIVE RECONSTRUCTION Street, drainage, water, wastewater, electrical. San Marcos, Texas City of San Marcos, Rey Garcia, 512 - 393 -8130 KBR Engineering, Gary Stringer, 512 - 420 -0338 $6.5 Million 6/14 13. PROJECT: BUNTON CREEK PHASE 1A & 6A DESCRIPTION: Water, wastewater, drainage, paving, electric. LOCATION: Kyle, Texas OWNER: Qualico Communities, Vera Massaro, 512 -371 -8937 ENGINEER: CBD Engineering, Danny Doering, 512 - 280 -5160 CONTRACT $: $1.7 Million COMPLETION DATE: 7/14 14. PROJECT: CYPRESS RANCH BOULEVARD IMPROVEMENTS DESCRIPTION: Grading, paving, water, drainage, electric, gas, water quality LOCATION: Austin, Texas OWNER: Cypress Ranch, Alan Topfer, 512 - 329 -6600 ENGINEER: Texas Engineering Solutions, Hank Smith, PE, 512- 904 -0505 CONTRACT $: $3 Million COMPLETION DATE: 4/12 15. PROJECT: LEANDER T /MEL MATHIS BOULEVARD IMPROVEMENTS DESCRIPTION: Grading, paving, drainage, bridges, water quality. LOCATION: Leander, Texas OWNER: City of Leander, Wayne Watts, PE, 512 - 259 -2640 ENGINEER: Klotz & Associates, James Schwerdtfeger, PE, 512 - 328 -5771 CONTRACT $: $6 Million COMPLETION DATE: 4/13 16. PROJECT: COTTONWOOD CREEK /NEW HOPE ROAD IMPROVEMENTS DESCRIPTION: Grading, paving, drainage, water improvements. LOCATION: Cedar Park, Texas OWNER: City of Cedar Park, Texas, Alan Green, PE, 512 -401 -5000 ENGINEER: Kotz & Associates, James Schwerdtfeger, PE, 512 -328 -5771 CONTRACT $: $5 Million COMPLETION DATE: 6/14 17. PROJECT: GALM ROAD DESCRIPTION: Street, drainage, water, wastewater. LOCATION: San Antonio, Texas OWNER: Bexar County, Dave Wegman, PE, 210 - 335 -3816 ENGINEER: HNTB, Dan Carroll, 210 -349 -2277 CONTRACT $: $6 Million COMPLETION DATE: 6/15 18. PROJECT: FOSTER ROAD IMPROVEMENTS DESCRIPTION: Grading, paving, drainage, bridge improvements LOCATION: San Antonio, Texas OWNER: Bexar County, Dave Wegman, PE, 210 -335 -3816 ENGINEER: S &B Infrastructure, Mike Riojas, PE, 210- 706 -5801 CONTRACT $: $7 Million COMPLETION DATE: 8/12 19. PROJECT: Maha Loop DESCRIPTION: Construct Bridges and Roadway LOCATION: Austin, Texas OWNER: Travis Co. Chiddi N'Jie 512 -854 -7585 ENGINEER: Atkins CONTRACT $: $8. Million COMPLETION DATE: 5/16 20. PROJECT: DESCRIPTION: LOCATION: OWNER: ENGINEER: CONTRACT $: COMPLETION DATE: Bulverde Road Construct Bridges and Roadway San Antonio, Texas Bexar Co. Flood Control Halff & Assoc. $9 Million 8/16 21. PROJECT: GALM ROAD II DESCRIPTION: Street, drainage, water, wastewater. LOCATION: San Antonio, Texas OWNER: Bexar County, Dave Wegman, PE, 210- 335 -3816 ENGINEER: HNTB, Dan Carroll, 210 - 349 -2277 CONTRACT $: $6.5 Million COMPLETION DATE: 7/16 CAPITAL EXCAVATION CURRENT WORK IN PROGRESS JOB NAME EO MALONE ;ADO RANCH SECTION 1 112 @ FITZHUGH ;UE ROAD AVIS IH 35 SLAUGHTER CREEK LLIAMSON CO IH 35 35 & 51ST PH 2 TRAVIS CO. iITE OAK PRESERVE SEC 2 STINS COLONY 13 tEY ROCK PH 5 'ATT LOST PINES GRADING PH 1 RINGDALE PARK PH 2 27 KENDALL CO 1 1516 BEXAR CO. kNOR CREEK 5A OWNER COSA $ AHV AMERICAN HOUSING VE $ TXDOT $ BEXAR COUNTY $ TXDOT $ TXDOT $ TXDOT $ M/I HOMES OF AUSTIN LLC $ QUALICO AC $ HR LOST PINES RESORT LLC $ RSI COMMUNITIES TEXAS LL $ TXDOT $ TXDOT $ CONTRACT PERCENT AMOUNT COMPLETE 6,500,000.00 15,095,000.00 5,000,000.00 1,500,000.00 6,800,000.00 16,000,000.00 32,000,000.00 16,000,000.00 2,000,000.00 3,000,000.00 2,300,000.00 400,000.00 5,000,000.00 1,500,000.00 5,600,000.00 2,200,000.00 FIIWAI I "A am] 14 Oki 4*9101 okill *SCO CAPITAL EXCAVATION COMPANY EQUIPMENT LIST EQUIPMENT DESCRIPTION COUNT AVAILABILITY ROLLERS VARIOUS ROLLERS CONSISTING OF PNUEMATIC,PADFOOT, 24 AS NEEDED TO PROSECUTE SCHEDULED WORK AND SMOOTH DRUM ROLLERS EXCAVATORS VARIOUS EXCAVATORS 18 AS NEEDED TO PROSECUTE SCHEDULED WORK DOZERS VARIOUS DOZERS 4 AS NEEDED TO PROSECUTE SCHEDULED WORK MOTORGRADERS VARIIOUS MOTORGRADERS 15 AS NEEDED TO PROSECUTE SCHEDULED WORK LOADERS VARIOUS LOADERS 24 AS NEEDED TO PROSECUTE SCHEDULED WORK BACKHOES VARIOUS BACKHOES 24 AS NEEDED TO PROSECUTE SCHEDULED WORK ALL EQUIPMENT IS OWNED BY CAPITAL EXCAVATION CO. CAPITAL EXCAVATION COMPANY MANPOWER LIST CREW DESCRIPTION MANPOWER COUNT AVAILABILITY UTILITY WORK UTILITY CREWS CONSISTING OF EQUIPMENT OPERATORS, 55 AS NEEDED TO PROSECUTE SCHEDULED WORK PIPELAYERS AND LABORERS CONCRETE WORK CONCRETE CREWS CONSISTING OF CONCRETE FORMSETTERS, 70 AS NEEDED TO PROSECUTE SCHEDULED WORK CONCRETE FINISHERS AND LABORERS ROADWAY WORK ROADWAY CREWS CONSISTING OF EQUIPMENT OPERATORS 105 AS NEEDED TO PROSECUTE SCHEDULED WORK AND LABORERS SUPERINTENDENTS AND FORMEN 35 AS NEEDED TO PROSECUTE SCHEDULED WORK PROFESSIONAL 18 AS NEEDED TO PROSECUTE SCHEDULED WORK *91 0 D 1401 to] �l CIA Ti City of Schertz, Texas 1400 Schertz Parkway, Schertz, TX 78154 RE: Company Litigation Dear Sir or Mam Capital Excavation is not under nor has been under any litigation in the company's history. Please feel free to call me with any questions. Sincerely, CAPITAL EXCAVATION COMPANY Chase Botkin Chief Estimator Sitework 9 Excavation e Streets e Structures * Blasting e Utilities City of Schert4 Texas A I t Iffi 11 lilli����l 11111 1 1 � I I At the request of Capital Excavation Company (the "Company"), we are pleased to confirm that the C-MV I..6nAc-, October 200 1. �•Z! � �S Melissa A. Bumett Executive Director JPMorgan Chase Bank, N.A, 1221 W Sixth Street, Austin, Texas 78701 T: 512 479 2226 1 F: 812 473 2239 1 metissa.a,bumett@chase.com I Chase, : h �� AGE'- I City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 QUALIFICATIONS FOR SCHERTZ PARKWAY RECONSTRUCTION CAPITAL EXCAVATION COMPANY Gentlemen: www.mhbt.com 'll qw7r_71 • Box 1301 Austinj TX 78767 Ilimillillipi q�ll!lllilll I "IWO-111 ,#T any uncompleted work currently under contract with TxDOT. If we may be of further assistance, please contact our Construction Division, Pre-qualification Branch at 512.4162584; OUR VALUES: People - Accountability • Trust - Honesty OUR MISSION: Through collaboration and leadership, we delivera safe, reliable, and integrated transportation systern that enables the movementoill'people anti goods: An Equal Opportunity Fruployer CAPITAL EXCAVATION COMPANY EDUCATION: Bachelor of Business Administration University of Texas at Austin (1977) Masters of Business Administration St. Edwards University (198 1) REGISTRATION /AFFILIATIONS: Past President, Associated General Contractors of Texas, Heavy /Highway & Utility Chapter Past State Director, General Contractors of Texas Life National Director, Associated General Contractors of America PROFESSIONAL PROFILE: TRAINING: Past Area Chairman, Associated General Contractors of Texas Past Chairman, Construction Advisory Committee, City of Austin Mr. Bradley is responsible for the management and overall coordination of site, highway, concrete and utility projects for Capital Excavation Company. This responsibility incorporates working with the Vice Presidents, Division Managers, and Estimators to affirm Capital Excavation's goal of providing the best possible service to their clients. Mr. Bradley also works closely with the General Superintendents and Foremen to emphasize the importance of a quality project that is completed on time and within budget. Mr. Bradley provides directives to all office and field personnel which emphasize teamwork and professionalism. Mr. Bradley is actively involved in the construction industry through the Association of General Contractors and various construction related groups around the state. Austin Industries Management School: Construction Management Alexander Proudfoot Consulting Group: Construction Management Numerous Construction and Partnering Seminars 8/9/2017 AUSTIN, TEXAS CAPITAL EXCAVATION COMPANY RELATED SKILLS: Mr. Bradley has over thirty seven years of experience in the construction industry with major construction companies throughout Texas. His knowledge and skills have been assembled as a result of numerous and varied projects. 8/9/2017 AUSTIN, TEXAS t t t .�C.�ljrA�"IC�N EDUCATION: Bachelor of Science, Civil Engineering University of Texas at Austin (2004) REGISTRATION /AFFILIATIONS: Member, Associated General Contractors of America PERSONAL PROFILE: Mr. Bradley is responsible for various contracts as assigned by the President. This includes working with the General Superintendents, Division Managers and Project Managers to ensure an effective preconstruction phase along with an efficient construction effort via critical -path analyses and long range planning. Mr. Bradley also works closely with the General Superintendents and Project Managers to coordinate work flow including subcontractor scheduling, submittal tracking, change order processing, plan verifications and client communications. Mr. Bradley reviews preliminary and final estimates for multi - million dollar projects through a process which involves site investigation, engineering plan analysis, quantity measurements, equipment /labor resource commitments, production rates and the study of historical data on similar projects. TRAINING: 0- Primavera Systems Inc.: (Construction Contract Control) Project Planner ► Microsoft Corp.: Word PowerPoint Excel Visio ► Heavy Construction System Specialist Software Heavy Bid Heavy Job 8/9/2017 AUSTIN, TEXAS � t 3 a7f - T.-4- i = RELATED SKILLS: Mr. Bradley has a wide background in construction services, surveying, project management, business management and client relations. 8/9/2017 AUSTIN, TEXAS CAPITAL EXCAVATION COMPANY PROFESSIONAL PROFILE: TRAINING: RELATED SKILLS: Mr.Mayfield is responsible for the management and overall construction coordination for Capital Excavation Company. These responsibilities include project estimating, pricing change orders, cost management, client billing and client relationships. His field responsibilities encompass construction coordination with subcontractors and oversight of daily operations. Mr. Mayfield is able to give Capital Excavation's clients a quality project that is on time and within budget as a result of working in both construction management and estimating. Mr. Mayfield is actively involved in the construction industry through the Association of General Contractors and various constructions related groups around the state. Texas Engineering Extension Service (TAMU) Construction Management Association of General Contractors OSHA ten hour course First Aid and CPR Construction Safety and Health Inc. Construction Safety Course Construction planning and scheduling Construction surveying Fundamentals of Personnel Law for Managers Mr. Mayfield has compiled thirty four years of heavy- highway and private construction experience in Texas. This experience includes eight years as Construction Superintendent and four years as Project Manager for Hensel Phelps. His experience also includes seven years as Project Manager overseeing eighteen concrete structure crews for Hunter Industries. 8/9/2017 AUSTIN, TEXAS * CAPITAZ. EXCAVATl011/ EDUCATION: Bachelor of Science, Engineering Structural Option Texas Tech University (1977) Additional Studies Industrial Engineering Texas Tech University REGISTRATION /AFFILIATIONS: Past: Board of Director Associated General Contractors of Texas, Heavy /Highway & Utility Chapter PROFESSIONAL PROFILE: Past: Area Chairman (San Antonio), Associated General Contractors of Texas, Heavy /Highway & Utility Chapter Past: Area Chairman (Austin), Associated General Contractors of Texas, Heavy /Highway & Utility Chapter American Society of Civil Engineers Mr. Botkin is the Vice President responsible for estimating, contract administration, construction management and coordination for Capital Excavation Company. This responsibility incorporates working with Owners, Construction Managers, Project Managers and Estimators to affirm Capital Excavation's goal of providing the best possible service to their clients. Mr. Botkin works closely with the company's President and other Vice Presidents to insure that safety, teamwork and professionalism are emphasized on all projects. Mr. Botkin is actively involved in the construction industry through the Association of General Contractors and various construction related groups around the state. 8/9/2017 AUSTIN, TEXAS * CAPITAL EXCAVATl011� TRAINING: RELATED SKILLS: Chitester Management Systems Inc.: Construction Management Saddle Island Institute: Construction Management HCSS: Estimating training Primavera: Project Management and Scheduling Numerous Construction and Partnering Seminars Mr. Botkin has over thirty years of experience in the construction industry with major construction companies throughout Texas. His knowledge and skills have been assembled as a result of numerous and varied projects. 8/9/2017 AUSTIN, TEXAS * * CAPITAL EXCAVATION EDUCATION: Bachelor of Science, Civil Engineering University of Texas at Austin (198 1) REGISTRATION /AFFILIATIONS: Member, American Society of Civil Engimeers Member, Associated General Contractors of America Registered Professional Engineer, Texas #64641 Responsible Managing Employee (RME) for The Texas Commission on Fire Protection PERSONAL PROFILE: TRAINING: Mr. Chesney is responsible for Division Management for the Utility Division of Capital Excavation Company. This includes working with the Vice Presidents, Project Managers and General Superitendents to ensure an effective preconstruction phase along with an efficient construction effort via critical -path analyses and long range planning for all underground utilities. Mr. Chesney oversees the Utility General Superintendents and Foremen to coordinate work flow including subcontractor scheduling, operational workflow, material procurement and client communications. Mr. Chesney reviews preliminary and final estimates for multi - million dollar projects through a process which involves site investigation, engineering plan analysis, quantity measurements, equipment /labor resource commitments, production rates and the study of historical data on similar projects. Mr. Chesney is well qualified for plan and specification management having spent numerous years preparing these documents from the engineering side of the table. Primavera Systems Inc. Microsoft Corp.: Constructware: Auto- Desk/Intergraph HCSS Construction Contract Control Word Project Schedule Excel Contract Management Auto - Sketch /Micro - Station Heavy Construction System Specialist Software 8/9/2017 AUSTIN, TEXAS * * CA PITA.L EXCAVATION RELATED SKILLS OSHA: 30 Hour Training Excavation Safety /First Aid Mr. Chesney has a wide background in civil engineering design, construction services, surveying, project management, Geographic Information Systems (GIS), and client relations covering nearly thiry two years. Mr. Chesney has been with Capital Excavation Co. for eighteen years. JOE JOINED CAPITAL EXCAVATION COMPANAY IN 1992. 8/9/2017 AUSTIN, TEXAS I Oki A a 4 Oki Q 14 Please see references attached to the project experience lists. IM mulf"', kir� -1. IA Document A31OTm - 2010 01"IM I Capital Excavation Company PO Box 1301 Austin, TX 78704 OWNER: (Name, legal status and address) City 'of Schertz I SURETY- (Maine, legalstaW aA RONDAMUIJNT FIVE PERCENT (59/6) 3000 Internet Drive, Suite 600 Frisco, TX 75034-1991 PRO JECT- fiVame, location or address, and Fero ject manber, if any) Schertz Parkway Reconstruction Maske Road to East Live Oak Road Signed and sealed this 9 day of August 1 2017 To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: You may also write to The Hartford: Hartford The Hartford Financial Products York, 2 Park Avenue, 51h Floor New • 11 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 Fax Number (512) 490 -1007 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. F- 4275 -1, .fTX4275 -1 HR 42 H006 00 0807 i 1 TIV wo -. `d Para obtener informacion o para someter una queja. Puede comunicarse con su agente. Usted puede Ilamar al numero de telefono gratis de The Hartford Insurance Group para informacion o para someter una queja al Usted tambien puede escribir a The Hartford. The Hartford Hartford Products Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714 -9104 Fax Number (512) 490 -1007 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection@tdi. state. tx.us es solo para proposito . se convierte en parte • condicion del •. Direct lnrqulrldElClafrrla 1'o: THE KARTFORD PONVER DO i -12 One Hartford Pim Hartford, ConnscftutG61155 Sond.Clai ehardford.corn cak 6864664UN or fax: 660-767-8035 having their tome offlos in Hartford, Connecticut, (hereinafter collectively referred to as tfle 'Companies') do hereby make, constitute and appoint, up to 6W arrloont of Unlimited : Edward R. Bowles, Sharon Clary, Dawn Davis, Walter J. DeLaRosa, DONNIE DOAN, TOM P. ELLIS, JOHN FULKERSON, Kristi Meek, Rae Perdue of DALLAS, Texas their true and lawful Attorneys) -in -Fact, each in their separate capacity if more then one is named above, to sign its name as surety(ies) only as delineated above by M. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. /A- e John dray, A istant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY of HARTFORD M. Ross Fisher, Senior Vtoe President On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Nora M. Steanko Notmy Public Ct Tl� k My Commission Expires Muob 31, 2918 Kevin Heckman, Assistant Vice President MA 2016 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 12, 2017 Department: Subject: Finance Ordinance No. 17 -T -36 - An ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; First reading With Ordinance 16 -T -29 the City Council of the City of Schertz approved the annual budget for FY 2016 -17 which the City must have in place to make expenditures. Per the Texas Local Government Code Title 4 Subtitle A Sec. 102.009 (b) after final approval of the budget, the governing body may spend municipal funds only in strict compliance with the budget. Section 102.010 states the governing body of the municipality may make changes in the budget for municipal purposes. As noted in the City Council Memo for the budget adjustment presented on July 25, 2017 after a review of best practices, staff is proposing to group budget adjustments and present them to Council on generally a quarterly basis around the time of the quarterly budget report, which is anticipated to come to City Council at the next meeting. Staff is proposing to amend the budget to increase the General Fund Budget by $60,000 and the EMS Budget by $40,000 for the firefighter and paramedic deployment to assist with disaster mitigation caused by Hurricane Harvey, which is anticipated to be offset by a reimbursement from the state. Parkland Dedication needs to increase its budget to establish the grant project budget for a Texas Parks and Wildlife Trail Grant for the Recreation Trail Phase I1. The General Fund amendment will also transfer funds between departments to cover expected budget overages at year end. This transfer will result in no increase in the overall budget. Our Fire Department and EMS personnel can be deployed by the state to assist with disasters around the state. The past few years deployments have ranged from helping fight wildfires to assisting the City of West with their fertilizer plant explosion. Currently our staff is deployed to help with the recovery efforts in the aftermath of Hurricane Harvey. Costs related to the deployments are fully reimbursable by the state. Staff has estimated the impact to the City for the deployments will be close to $100,000 by the end of September. This budget adjustment is to increase the overtime budget to match the deployment number and to recognize the state's $100,000 reimbursement which will offset any impact on the General Fund or the EMS Fund caused by this deployment. The Texas Parks and Wildlife Grant was awarded for the Schertz Recreation Trail Phase II project on January 20, 2011. This grant is to complete the Recreation Trail Phase I which was also funded by a Texas Parks and Wildlife Grant. Phase II will be 1.8 miles long, 10' wide, and comprised of decomposed granite over a compact base material. This trail will connect the City Hall parking complex to the east entrance of the ball field complex and to the walking bridge to Clemens High School. After connecting to the Phase I trail, the new trail will travel east along the drainage channel to the United States Post Office. The total budget for this project was proposed at $109,125 of which 80% will be reimbursed by the Texas Parks and Wildlife Department through the grant. The City's match requirement $21,825 and is proposed to be through providing all of the labor for the project through the proposed operating budget for Parks. General Fund Interdepartmental Transfers are as follows: Transfer To: Streets - $39,755 The Cibolo /Schertz Borgfeld /Dietz intersection improvement interlocal agreement was approved by Schertz City Council in September 2016 and amended the FY 2015 -16 Budget for the funding, however the agreement was not fully executed by the Cibolo City Council and paid until August 2018. . Parks - $68,209 Electric and Water Utility Services will be overbudget. The larger than expected water services will be a result of a water leak identified in the park that is currently being fixed. Animal Services - $34,625 The Water Utility Service account will be overbudget. It was discovered sewer charges had been left off the utility bills for the new building and are now added. In addition it was noticed that there was a increase in consumption in July and August as a result of improper use of the flush valve. Finance - $12,064 The Arbitrage Study which commenced July 25, 2016 had completed its first round of review for $24,255. This review needs to be done every 5 years to check compliance with IRS regulations on tax free municipal bonds. Personnel savings due to vacancies help offset the first year cost. Facility Services - $122,962 The City had many repairs to A/C systems and the Community Center roof this year. The Community Center Transfer From: roof repair was $29,762 while major A/C repairs have been City Council - $10,000 $53,354 to date. The building maintenance line has been Legal Services - $68,000 averaging $32,000 per month in repairs and needs $122,962 Pools - $60,701 to close out the year. City Assistance - $29,112 The meal program for the Senior Center now has identified Human Resources - $12,962 the cost and will need additional funding for FY 2016 -17. Total: $306,727 Personnel savings from fewer hours worked. Transfer From: City Council - $10,000 Lower election costs than originally budgeted. Legal Services - $68,000 Legal expenses are projected to be less than the budget had set. Pools - $60,701 The budget for the Aquatics Center was set for a full year funding however it wasn't able to be opened until January. Event Facilities - $1.0,000 Lower equipment purchases and less advertising than originally budgeted Human Resources - $12,962 Vacancy savings from the HR Manager position that has since been filled. Records - $10,000 Personnel savings from fewer hours worked. Purchasing - $10,000 Vacancy savings from the Purchasing Manager position that has since been filled. Police - $16,000 Vacancy savings from turnover City Manager /EDC - $10,000 Vacancy savings from the EDC Analyst position that has since been filled. Contingency - $99,065 Remainder to fund from the City's contingency account Total: $306,727 Summary of Recommended Action Approval of Ordinance 17 -T -36 approving the year end budget adjustment. FISCAL IMPACT This ordinance will increase the General Fund Budget by $60,000 and the EMS Budget by $40,000. Both increases will be supported by reimbursements by the state and will not affect fund balance levels. The Recreation Trail Phase 11 will use $21,825 of the existing personnel budget in Parks as the labor for the project will be provided by staff and will not require additional City Funds to be approved. The General Fund Transfers between departments will not result in any increase in the General Fund approved budget. Approval of First reading Ordinance No. 17 -T -36 ATTACHMENT Ordinance No. 17 -T -36 ORDINANCE NO. 17 -T -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND STATE DEPLOYMENT COSTS, TO ESTABLISH A TRAIL GRANT PROJECT, AND TO TRANSFER BUDGET AMOUNTS BETWEEN DEPARTMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 16 -T -29, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2016 -201.7 (the "Budge ), which provides funding for the City's operations throughout the 2016 -2017 fiscal year; and WHEREAS, the City needs to increase the Budget by $1.00,000 for deployment costs which will be reimbursed by the state, and to increase the Budget $87,300 to authorize expenditures for a Texas Parks and Wildlife Recreation Trail Grant, and to transfer $306,727 between General Fund departments; and WHEREAS, the City needs to recognize additional revenue from state reimbursements for the deployment of City Staff for disaster recovery of $100,00 and $87,300 in reimbursements from the Recreation Trail. Grant; and WHEREAS, City staff recommends that the City Council of the City of Schertz adjust the Budget and approve the additional revenue and expense and approve the transfers between General Fund departments; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget adjustment for the General Fund and EMS Fund for the state deployment and establish a project budget for the Recreation Trail Phase II, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $60,000 in the General Fund for Fire Department deployments, $40,000 in the EMS Fund for deployments, and $21,825 in the Park Fund for the City's portion of the Recreation Trail. Section 2. The City shall recognize the additional $60,000 in revenue in the General Fund and $40,000 in revenue in the EMS Fund from reimbursement of deployment costs by the Texas Comptroller of Public Accounts. Section 3. The City shall authorize a project budget for the Recreation Trail Phase II grant for $87,300 of grant reimbursable expenditures and $21,825 of in -kind labor. Section 4. The City shall transfer a total of $306,727 between General Fund departments, not changing the total authorized General Fund Budget through the transfer, as depicted in "Exhibit A ". Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 6. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 7. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 9. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 10. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 12th day of September 2017. PASSED, APPROVED and ADOPTED ON SECOND READING, the 26th day of September 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Exhibit A General Fund Budget Transfer Transfer To: Streets - $39,755 The Cibolo / Schertz Borgfeld /Dietz intersection improvement interlocal agreement was approved by Schertz City Council in September 2016 and amended the FY 2015- 1.6 Budget for the funding, however the agreement was not fully executed by the Cibolo City Council and paid until August 2018. Parks - $68,209 Electric and Water Utility Services will be overbudget. The larger than expected water services will be a result of a water leak identified in the park that is currently being fixed. Animal Services - $34,625 The Water Utility Service account will be overbudget. It was discovered sewer charges had been left off the utility bills for the new building and are now added. In addition, it was noticed that there was an increase in consumption in July and August as a result of improper use of the flush valve. Finance - $12,064 The Arbitrage Study which commenced July 25, 2016 had completed its first round of review for $24,255. This review needs to be done every 5 years to check compliance with IRS regulations on tax free municipal bonds. Personnel savings due to vacancies help offset the first year cost. Facility Services - $122,962 The City had many repairs to A/C systems and the Community Center roof this year. The Community Center roof repair was $29,762 while major A/C repairs have been $53,354 to date. The building maintenance line has been averaging $32,000 per month in repairs and needs $122,962 to close out the year. City Assistance - $29,112 The meal program for the Senior Center now has identified the cost and will need additional funding for FY 2016 -17. Total: $306,727 50558021.1 - 3 - Transfer From: City Council - $10,000 Lower election costs than originally budgeted. Legal Services - $68,000 Legal expenses are projected to be less than the budget had set. Pools - $60,701 The budget for the Aquatics Center was set for a full year funding however it wasn't able to be opened until January. Event Facilities - $10,000 Lower equipment purchases and less advertising than originally budgeted Human Resources - $12,962 Vacancy savings from the HR Manager position that has since been filled. Records - $10,000 Personnel savings from fewer hours worked. Purchasing - $10,000 Vacancy savings from the Purchasing Manager position that has since been filled. Police - $16,000 Vacancy savings from turnover City Manager /EDC - $10,000 Vacancy savings from the EDC Analyst position that has since been filled. Contingency - $99,065 Remainder to fund from the City's contingency account Total: $306,727 50558021.1 - 4 -