The URL can be used to link to this page

04-10-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL April 10, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Councilmember Kiser) Presentations: • Proclamation recognizing National Public Safety Tele- Communicators week. (D. Wait/M. Hansen/ K. Kallies) • Proclamation recognizing National Sexual Assault Awareness Month. (D. Wait /M. Hansen /N. Solis- Douglass) • Proclamation recognizing National Child Abuse Awareness Month. (D. Wait /M. Hansen /N. Solis - Douglass) • Proclamation recognizing National Crime Victim Rights Week. (D. Wait /M. Hansen /N. Solis- Douglass) • Presentation regarding the new Parks Program Guide. (B. James /L. Shrum/M. Geedman) Employee Recognition • Police Department - Jennifer Callicoat, Communications Shift Supervisor. (D. Wait /M. Hansen/ K. Kallies) 04 -10 -2018 Council Agenda City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. 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 f `actual 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. Workshops • Discussion regarding Planning & Development Services Fees. (B. James /L. Wood) • Discussion regarding Fire Services Fees. (D. Wait /K. Long) • Discussion regarding the water meter change out plan, estimated costs and funding sources. (B. James /J. Walters /D. Hardin Trussell) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular meeting of April 3, 2018. (B. James /B. Dennis) 2. Resolution No. 18 -R -42 - Consideration and /or action approving a Resolution by the City Council of Schertz authorizing purchases with CDW of up to $1.30,000, an increase from the previously approved amount of $85,000. (B. James /M. Clauser) Discussion and Action Items 3. Resolution No. 18 -R -44 — Consideration and /or action approving a Resolution authorizing expenditures with Collier Materials not to exceed $87,300 for decomposed granite for the Sehertz Exercise Trail Project. (B. James /L. Shrum) 4. Resolution No. 18 -R -43 - Consideration and /or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Lockwood, Andrews, and Newnam, Inc., for Professional Engineering related services for the 04 -10 -2018 City Council Agenda Page - 2 - 2018 Street Preservation and Maintenance /Rehabilitation project. (B. James /K. Woodlee) Roll Call Vote Confirmation Closed Session 5. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Reconvene into Regular Session 5a. Take any action based on discussions held in closed session under Agenda Item 5. Roll Call Vote Confirmation Requests and Announcements • Announcements by the Acting City Manager. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 6. Information available in City Council Packets - NO DISCUSSION TO OCCUR • City of Schertz Economic Development Corporation - Ace Mart Restaurant Supply Company — Payment of operations grant per the Performance Agreement. Adiournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 6th DAY OF APRIL 2018 . AT 2:00 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. z�)owwa SrhVV.06Z6 04 -10 -2018 City Council Agenda Page - 3 - Donna Schmoekel, Deputy City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2018. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation — Alternate Cibolo Valley Local. Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Investment Advisory Committee Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz - Seguin Local Government Corporation Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 04 -10 -2018 City Council Agenda Page - 4 - x "National Public Safety Tele- Communicators Week" April 8 -14, 2018 Whereas emergencies can occur at any time that require police, fire or emergency medical services; and, Whereas when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and, Whereas the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Schertz Public Safety Communications Center; and, Whereas Public Safety Tele- communicators are the first and most critical contact our citizens have with emergency services; and, Whereas Public Safety Tele- communicators are the single vital link for police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and, Whereas Public Safety Tele- communicators of the Schertz Public Safety Communications Center have contributed greatly to the apprehension of criminals, suppression of fires and treatment of patients; and, Whereas each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; NOW, THEREFORE, I Michael R. Carpenter, Mayor of the City Schertz, call upon the citizens of Schertz to recognize the week of April 8th through the 14th, 2018, to be National Public Safety Tele- communicators Week in Schertz, in honor of the men and women whose diligence and professionalism keep our city and citizens safe. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Schertz to be affixed this 10th day of April 2018. Michael R. Carpenter, Mayor "Sexual Assault Prevention & Awareness Month" In The City of Schertz - April 2018 WHEREAS, every two minutes another person in the United States is sexually assaulted, and in Texas 2 in 5 women and 1 in 5 men are victims of sexual assault; and WHEREAS, according to a study conducted by the Texas Association Against Sexual Assault and the University of Texas at Austin School of Social Work, approximately 6.3 million Texans have been sexually victimized; and WHEREAS, most victims are sexually assaulted by someone they know and only 10 percent of rapes are ever reported to police; and WHEREAS, it is appropriate to salute the more than 20,000,000 victims who have survived sexual assault in the United States and the efforts of victims, volunteers, and professionals who combat sexual assault; and WHEREAS, national and community organizations and private sector supporters should be recognized and applauded for their work in promoting awareness about sexual assault; and WHEREAS, police, forensic workers, and prosecutors should be recognized and commended for their hard work and innovative strategies to increase the percentage of sexual assault cases that resolve in the prosecution and incarceration of the offenders; and WHEREAS, sexual violence is a persistent and pervasive problem in our society that requires attention year -round and in order to foster healthy communities, all citizens must support the effort to end sexual violence every month of the year; and WHEREAS, national and community organizations, businesses in the private sector, and the media are urged, through National Sexual Assault Awareness of sexual violence and strategies to decrease the incidence of sexual assault; and NOW, THEREFORE, I, Michael R. Carpenter, as Mayor, do hereby proclaim the month of April 2018, as National Sexual Assault Awareness and Prevention Month in the City of Schertz and ask all citizens to observe this month by supporting the goals and ideas of victims and those working toward awareness and prevention and to participate in community efforts. Presented this 10" day of April, 2018. Michael R. Carpenter, Mayor "Child Abuse Prevention & Awareness Month" In The City Of Schertz — April 2018 WHEREAS, nearly 200,000 children in Texas are reported as abused or neglected every year; and WHEREAS, Child abuse prevention is a community responsibility and finding solutions depends on involvement among all people; and WHEREAS, Communities must make every effort to promote programs that benefit children and their families; WHEREAS, Effective child abuse prevention programs succeed because of partnerships among agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, everyone in the community should become more aware of child abuse preventi and consider helping parents raise their children in a safe, nurturing environment; I NOW THEREFORE, BE IT RESOLVED, in official recognition, 1, Michael R. Carpenter, Mayor of the City of Schertz, hereby proclaim April 2018 as Child Abuse Prevention & Awareness Month in the City of Schertz, and urge all citizens to work together to reduce child abuse and neglect and to improve the response of our community when child abuse occurs in the months and years ahead. IN WITNESS WHEREOF, I have here unto set my hand this 10th day of April 2018. Michael R. Carpenter, Mayor "National Crime Victims' Rights Week" April 8 -14, 2018 WHEREAS, Americans are the victims of more than 20 million crimes each year, and crime can touch the lives of anyone regardless of age, national origin, race, creed, religion, gender, sexual orientation, immigration, or economic status; and WHEREAS, Too many communities feel disconnected from the justice and social response systems, and have lost trust in their ability to recognize them and respond; victims of repeat victimization who fail to receive supportive services are at greater risk for long -term consequences of crime; and WHEREAS, The victim services community has worked for decades to create an environment for victims that is safe, supportive, and effective; intervening early with services that support and empower victims and provides a pathway to recovery from crime and abuse; and WHEREAS, Honoring the rights of victims, including the right to be heard and to be treated with fairness, dignity, and respect, and working to meet their needs rebuilds their trust in the criminal justice and social service systems; serving victims restores hope to victims and survivors, as well as their communities; and WHEREAS, National Crime Victims' Rights Week, April 8 -14, 2018, whose theme this years is `Expand the Circle: Reach All Victims,' emphasizes the importance of inclusion in victim services; and WHEREAS, Victim Advocates in this community are hereby dedicated to serving victims, building trust, and restoring hope for justice and healing; and NOW, THEREFORE, I, Michael R. Carpenter, as Mayor, do hereby proclaim the week of April 8 -14, 2018, as National Crime Victims' Rights Week and reaffirm this City's commitment to creating a victim service and criminal justice response that assists all victims of crime during Crime Victims' Rights Week and throughout the year; and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so they may find relevant assistance, support, justice, and peace. IN WITNESS WHEREOF, I hereunto set my hand and caused the seal of Schertz to be affixed this 10th day of April, 2018. Michael R. Carpenter, Mayor Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 10, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on April 3, 2018. HHZTG • ' • On RM Staff recommends Council approve the minutes of the regular meeting of April 3, 2018. Regular Meeting of April 3, 2018 minutes MINUTES REGULAR MEETING April 3, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 3, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Charles Zech Mayor Pro -Tem David S Councilmember Ralph C Councilmember Cedric I Councilmember Bert Cry Acting City Manager Brian Ja Assistant to the City Manager City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:00 p Mayor Carpenter announced if any student is in attendance this evening observing the meeting for the Hal Baldwin Scholarship, the sign -up sheet is in the vestibule; be sure to sign in if you are here for that purpose. Texas. (Mayor Recognition Presentations • Presentation regarding Movin on Main - April 8, 2018. (S. Gonzalez /L. Klepper /M. Spence) 04 -03 -201.8 Minutes Page -1- Mayor Carpenter recognized Public Affairs Director Linda Klepper and Events Manager Mary Spence who provided information on the upcoming event with the following highlights: • Senior Zone Schedule 12:00 - 4:00 — Chair Volleyball 12:30 - 1:00 Silver Sneakers 1:30- 2:00 Zumba Gold 2:30 - 4:00 Silver Sneakers 04 -03 -201.8 Minutes Page - 2 - • Community Stage Schedule 1:30 —1:55 Sweet Sensations 2:10 — 2:35 Clemens Jazz Band 2:45 -3:1- Mary Lou's School of Dance 3:15 — 3:45 Kinderdance • Live Music Stage 12:00 — 4:00 Soulful Flow City Events and Announcements • Announcements of upcoming City Events (B. J Mayor Carpenter recognized Assistant to the the following announcements: Saturday, April 7tI Nature Discovery Series - Discover What's Crescent Bend Nature Park Please call Ext. 1850 for more infonation. Re Sunday, April Stn Movin On Main 12:00 Schertz Main Street New to Schertz for the stretch, jump, get fit, a route, live music, fteall Event partnered with th and Recreation ay, A Scher Parkway • Announcements and to 4:00 Sarah Gonzalez who provided 10:00 wired. me ever, this free, active event invites you to bicycle, play, brate healthy,living. Fitness demos, exercise stations, cycle wellness vendors, food and refreshments, and much more. f Schertz, the Schertz Family YMCA and the Schertz Parks — Celebrate the completion of the project. itions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian James who stated that last week we received the. jobless rate information for the area. The City of Schertz unemployment rate is 3.4% as determined by Workforce Solutions; this is the same for the metropolitan statistical area as well as the same rate for San Antonio and Seguin. Another item, as a reminder to Council, we have the Main Street meeting on Monday April 9, 2018 at the Schertz Civic Center. • Announcements and recognitions by the Mayor (M. Carpenter) 04 -03 -201.8 Minutes Page - 3 - No announcements were provided. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Michele Tereletsky, 705 Marilyn Drive, who continued speaking to City Council regarding the First Amendment. She stated she doesn't think she is going to get an answer from Council on this because she doesn't think they have one. Lt',really not about the First Amendment, it's about control. That is exactly what happened 7 or °8 months ago. Those thought they had control over someone's personal media. She does not believe they are going to be able to create regulations or codes that are enforceable to take against anyone on council or commissions to stop them from saying what they want to say unless it is liable, slander or threatening. That's the First Amendment. She stated that three people came up here and kept talking about the First Amendment, ten or fifteen,eame to talk about the situation this was involved in. You listened to three. One continuestd try and smear a Councilmember on his personal social media.` 'A Councilmember that won his election by 66% of the votes. That Councilmember is smart enough not to act. She has also observed that a Councilmember waits for that same Councilmember to say something so that he can immediately disagree with him.t he doesn't do it in a' ice way. You can agree, or you can disagree, you can say what yon want. She has noobjeetion to what the three were saying other than one had a lie in his twtr =pale speech. He can say what he wants to say, that's the First Amendment. That's what we-Ilive,,by :and has been going on for 200 years. Ms. Tereletsky provided other examples of the First Amendment. • Ms. Penny Jennings, 2501,Hourless Oak, who first thanked the council for everything they do. She thanked Councilmember Davis whn sat with a bunch of citizens who were upset over the situation with Mr. k1lossel., She approciated that he took the time and it meant a lot to them. She continued tating`the pity of Schertz is a great place and appreciates all the events-,' Movie,rt the Park,, the Nature Discovery Series, and Shred Day that they put on. She also wanted to 'bring attention to Maggie who works for The Chamber, she appreciates ,all the events she pits: on for the City, the Health and Wholeness Fair, The Taste at Retama Park,, chertz Meet the Candidates and others. She stated that Maggie puts in a lot of work and her',hoart and soul into doing these events. All these events that the city puts on and the Chamber, all residents enjoy these events. Ms. Jennings alsostated that they are still having problems out on Belmont Parkway with tons of traffic, speeders, and problems with cars not stopping to allow those to cross over on the crosswalk. She knows the city is aware of the problems and have been working on it. She wanted to know if there is something the city could put in place for those trying to cross over the street on the crosswalk for traffic to stop. Ms. Jennings also inquired as to transportation for our disabled seniors, for the ones that do not drive. She stated that there is not a bus route for the City of Schertz and she would like the City to look into this as a possibility. 04 -03 -201.8 Minutes Page - 4 - Mayor Carpenter stated that Mr. James can provide some information regarding transportation services through AACOG and provide an update on what TSAC may have as they have visited this subject on public transportation over the last couple of years. Acting City Manager Brian James stated that AACOG has an on- demand service that provides transportation in our city for this reason but there is a cost. As the Mayor mentioned we looked at public transportation a couple of years ago and it was recently brought up again by another councilmember, so we are going to go back to TSAC in May to revisit and have discussions on whether we are ready to tako.'another step forward on this. Whether it's a deviated route like Seguin or a once a week "route from a specific location, we are looking at trying to grow the system. Mr. Janes also stated that she could talk to Executive Director Dudley Wait on an update of what we have talked about regarding the Belmont Parkway and Riatta area traffic problems. Ms. Titterington read � letter she received from one of their members who wishes to remain anonymous. She knows that last week Mr. Outlaw had made some comments on things that were said with so much going on. Our:City is an awesome city and a great city to do business in. We have "a council that cares, we have city officials that care. We may not always agree, and we agree to ,disagree but she knows there has been a bit of contention and but cif respect for the member they will stay anonymous. Ms. Titterington read the letter addressed to the city council from a small business owner desiring to work with them and who is grateful :for the etturicil participation, expressing gratitude. She expressed concerns regarding tifferences' that could affect their business moving forward. Ms. Titterington stated that With this business and others what they are saying is that they want to get to know you and build trust, and it is from the trust that's built that then that feeling disappears Seeing YOU only on the dais can be intimidating; how can they get to know you. There are several events sponsored by The Chamber and attending these is a way they can get to know each of you. They just want to get to know you and build the trust and then those feelings they have will go away. Mayor Carpenter congratulated Ms. Titterington on the Accreditation and was thrilled that she was able to get the sign that Mayor Baldwin painted many yeas ago. For those that did not know, Mayor Baldwin did graphic design work and developed signs of that nature during his career in the military. This is a legacy of his personal work; he appreciates that it was saved and is available now as history for the city. 04 -03 -2018 Minutes Page - 5 - Mayor Carpenter stated that the Council had a need for closed session this evening and read the following: Closed Session 3. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation. • SSLGC vs. Clean Green Inc. (Post Oak Landfill) Workshops Councilmember Edwards arrived at 7:1 • Continuation of the discussion regarding Phase II Parks fees (YMCA). (B. James /L. Shrum) Mayor Carpenter recogni ed Parks Director Lauren Shrum who provided a Power Point presentation regarding the YMCA fees with: the following highlights: Membership Breakdown by, Residency — Total of 3,909 membership units (15,000 people) -- Schertz Residents 2,436 membership its -- Cibolo Residents.— 1,473 membership units - Efficient way for the YMCA to market and gain members - Some"cornpanies handle all of the recruitment and administration, so it is advantageous for the YMCA, -The Corporate YMCA office negotiates each rate individually with the corporation and they all vary -Most corporations are paying a portion of their employee's rate (health insurance premium. discounts) -This brings down the cost for everyone Corporate Membership Breakdown -City of Sehertz — 144 membership units (Rates are 50% of regular rates) - SCUCISD — 565 membership units (Rates are 50% of regular rates) -A handful of membership units from CPS Energy, AT &T, etc. 04 -03 -201.8 Minutes Page - 6 - Corporate Rates: City of Schertz — Adult $24, Family I N /A, Family II $41 SCUCISD - Adult $25, Family I $39, Family II $45.50 Regular Rates: Resident — Adult $50, Family I $78, Family 11 $91 Non - Resident -- Adult $51, Family I $80, Family II $93 Ms. Shrum and Acting City Manager Brian James addressed questions and comments from Mayor and Councilmembers. Mayor Carpenter suggested that on a future agenda council should start the conversation . from a philosophical view and have a discussion on what is our read goal with the facilities we have today. Staff could brief them on all the facilities we have and compose a list of all our assets and what do we wish to do with them. Where do we want to be with this in 5 to 10 years from now? Mayor Carpenter recognized C6nncilnnmber Crawford who asked if someone could give council a life eyele on the "assets we have leading towards where we are going to need to spend money now, free years or five years to have a plan so we know what is coming down the road and we can think ahead. regarding Civic Center and Magazine Fees. (S. Gonzalez /L. Klepper /M. Mayor Carpenter recognized Public Affairs Director Linda Klepper who provided a Power Point presentation�with the following highlights: The Schertz Magazine Advertising Fees and Civic and Community Centers Rental Fees are reviewed and /or updated annually. The magazine is a major communication tool with our residents and provides local businesses a place to advertise their services. The reason for the advertising fees is to partially offset costs for production without negatively impacting the quality or expectations of our residents. 04 -03 -2018 Minutes Page - 7 - For FY 2016 -17, revenues were $186,000 and expenses were $301,041. The magazine advertising fees range from $2,950 to $300 (for 6 months) and from $2,700 to $275 (12 months) dependent upon what page it is on and the size of the advertisement. City staff reviews fees from a variety of other cities /publications with similar type of services. However, it is difficult to compare as the Schertz Magazine is unique. It is wholly owned and operated by the city and is produced internally by Public Affairs. Staff recommends that we maintain the current ratio of ads to-content (20 -30% ads) and also maintain current fees as an affordable way for local businesses to advertise their services to our Schertz residents. The city operates a civic center and community centers. This offers residents, businesses and the public a place to gather for events, celebratics and meetings. The reason for fees is to offset a portion of costs for maintenance and operations of the facilities. For FY 2016- 17 revenues were $267,999 and expenses were $472,895. Fees are set by reviewing our fees against other nearby facilities in order to remain competitive in the area. We also compare offerings of facilities and look at the level cf srvices provided. a some ZI and A ded within uder, the issue we have is with the last update of the JLUS there le. I 7f, particular significance was a significant change in the ,nsit fi ,r residential within the area south of Randolph; the clear Residential was not in the old JLUS nor is it currently e areas. Most of the zoning of those areas is general business. The change'was in the, APZII's and the area in between the APZ's to go from two units per acre (1/2 acre lots) to a much, much lower density. Staff had proposed as the first step to say we need to Arriend our future land use plan and our comprehensive plan and to say we are doing something different than before. We were proposing that designation of air insulation impact which was fairly similar to what we used to have a number of years ago (8). We changed it to allow for more flexibility and now with the new JLUS we are sort of going back to what we had. The real issue is that reference would be to look to the JLUS study with regard to residential density. The change in land use is indicative of densities which would drop substantially. 04 -03 -201.8 Minutes Page - 8 - Primary change in the 2015 JLUS — in Accident Potential Zone II from 2 residential units per acre to one unit per 20 acres in the east APZ II and one unit per 10 acres in west APZ II and the area between the APZ I and APZ II south of Randolph. Community meetings were held on May 25, 2017 and August 15, 2017 to discuss proposed changes. The most significant issue discussed was proposed density change — going forward how large must new lots be to subdivide property. RAFB subsequently indicated they would be comfortable with new lots needing to be a minimum of five acres, so if the property is less than ten acre's it could not be subdivided. An update to City Council was on September 12, 2017. On October 25, 2017 an Air Installation Compatible Use Zone Study was done for JBSA- Randolph and Seguin Auxiliary Airfield). This i "generally a military document and the JLUS is community driven. With this carne a slight adjustment o noise contours (residential still discouraged). Note that due to the high- volume trainer operation bird /wildlife strike to pilot safety at JBSA- Randolph;nc regulations are necessary, especially for future develpl Most of the area we are speaking of are zoned Residentia problem and likely we will not grant waivers for those. property owners know, developers know, and 1 andolph t in and what the regulations are. and the significant threat of restrictive density and land use ent within the southern areas. Cr (RA). The lack of sewer is a e do need to deal with this so s what direction we are going Next Steps? — Another public input meeting or a normal public hearing process. Mr. James continued addressing questions and comments from Council. Mayor Carpenter stated that agenda items 1 and 2 are self - explanatory and with no objections he moved from the Chair that items 1 & 2 be placed on a consent agenda, seconded by Councilmember Edwards. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter read the following captions as now these were placed on a consent agenda: 04 -03 -2018 Minutes page - 9 - 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Special Budget Retreat meeting of March 23, 2018 and the Regular meeting of March 27, 2018. (B. James /B. Dennis) 2. Resolution No. 18 -R -37 — Consideration and /or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Southwest Texas Regional Advisory Council (STRAC) to provide Mobile Integrated Healthcare (MIH) inside the Schertz EMS Service area. (D. Wait /J. Mabbitt/K. Burnam) The following was read into record: RESOLUTION NO. 18- A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE ACTING CITY j AGREEMENT WITH SOUTHWEST TEXA ( "STRAC ") TO PROVIDE MOBILE I' INSIDE THE SCHERTZ EMS SERVICE' CONNECTION THEREWITH Mayor Carpenter recognized C' Councilmember Crawford to appr unanimous with Mayor Pro -T Larson, Edwards, Kiser and Ci Passed. Mayor Carpenter moved back to • Discuss FHE CITY OF CHERTZ, TEXAS AGER TO ENTER INTO AN "�GIONAL ADVISORY COUNCIL RATED HEALTHCARE (MIH) ;A.' AND OTHER MATTERS IN r Edwards who moved seconded by ent agenda items 1 & 2. The vote was �, Councilmembers Davis, Gutierrez, ng fat and no one voting no. Motion ice authorizing a Franchise Agreement with Wait) Carpenter recognized Executive Director Dudley Wait who stated it is time to renew *cement. It wa:a 20 -year agreement. We discovered that another community in the bad sought and received an increase (from 2% to 3 %) in their franchise fee that pays us. Mr. Wait expanded on how these fees work. GVEC was receptive and told management to provide a proposal they could submit to their board. Mr. Wait also provided samples of a few bills from CPS and GVEC and how they differ. He also provided some calculation differences for 2015, 2016, . and 2017. He said staff is here today to get a consensus from Council as to their thoughts on how staff should finalize the GVEC agreement. Then they will bring it back for their vote to renew the agreement. Mr. Wait addressed comments and questions from Council. Roll Call Confirmation City Secretary Brenda Dennis provided the roll call votes for items 1 and 2. 04 -03 -2018 Minutes Page - 10 - • Discussion, consideration and/or action clarifying the City Charter, specifically Section 4.07 Prohibitions (Interference with administration) and the appropriate interactive relationship with the City Secretary. Mayor Carpenter deferred to Councilmember Larson to start the discussion since this item had been requested by him. Councilmember Larson stated that he wanted to establish some clarity as he believes there had been a wide variety of interpretations amongst members. Asl they have participated in workshops and held group conversations, it is clear that there is a great deal of interaction between council members and city staff members, which May, be appropriate. However, we should ensure it is indeed in alignment with our city charter: regardless, he would like confirmation what the prohibitions are. To clarify, he is not speaking only to giving orders. Clarification is needed because, for example, essentially the City Secretary is under the direct supervision of the fit y Manager. Based on the charter then, their interaction with her would be limited. Councilmember Edwards stated he generally does not get involved in city affairs. He feels that the city manager and /or those 'other staff members that do report directly to council would come to council and advise `them; of any issues that � y occur. However, the charter does also have a provision allowing for invdtigations if needed. Councilmember Crawford stated the city secretary supplies administrative support not only to the city manager but also to council, and council does her evaluation. From his point of view the charter gives the city manager the right to be involved with the city secretary to get the day to day work done. Councilmember Davis stated he still has notes from the last Charter Review Commission. To his recollection, the city secretary was to report to the city manager administratively 04 -03 -2018 Minutes Page - 11 - primarily because of the HR issue (time, attendance, approving leave, etc.). This is because City Council does not typically have that much day to day contact with the city secretary. Section 4.07 deals with city staff in general. The intent was that the city staff has one boss (city manager), that they should not get any direction from the city council `to go do something'. That should be vetted through the city manager. A phrase being left out here as we keep on quoting 6.06 is `The City Secretary shall be the custodian of the official seal of the city and shall have other such duties and powers prescribed in this charter and by the city council.' So, the city council can assign duties and powers to the city secretary. As he recalls, the day to day HR stuff, (time, attendance, etc.) - -- it is not efficient to have the Mayor or Councilmember have to attend to this. HOwever, duties, can come from the city council. In reference to the Charter, it is a living document and subject to interpretation and review, either by a voter referendums, an action from this Council, or by a Charter Review Commission. He stated ultimately, the decision would be, does the city secretary work for the council or the city manager, like all the other employees, Mayor Carpenter stated a challenge they have with.. 4.07c and 6.06 is a statement made in our Code of Ethics which says, `Any member of council giving individual instruction or making a demand of the city manager, city attorney; cif city secretary or city judge or judges or any member of staff with ceptions of times ofernergency lawfully declared by the mayor..... shall be deemed to have violated -the ethics codes: Counciliernber Edwards stated he would like to think if anyone was coming into the city secretary occ inquiring or bothering them that she would let council know. City Secretary Brerid IDnnis affirmed that she would. With that said, Councilmember Edwards made a motion o end debate on this discussion. Councilmember Crawford seconded the motion. Mayor Carpenter stated this requires 2/3 vote to pass. Mayor Carpenter recognized Councilmember Larson who stated he moved to end debate but he doesn't understand why there would be any reason to end discussion. He understands some people don't believe there is any gray areas, but he believes by asking three questions he can prove that there are gray areas. Perhaps this particular issue has struck a nerve if there is a desire to end this discussion so aggressively. He didn't mean to 04 -03 -201.8 Minutes Page -12 - strike a nerve, but it makes him even more curious as to why. Maybe we need to spend more time discussing it so we can get to a point where we are not ashamed to discuss it. Councilmember Edwards said he would withdraw his motion if they can agree that is the case in Section 6.02 and we have a charter review committee formed and the section where it says the city secretary shall report administratively to the city manager but may be removed from office only by the city council - -- strike that out completely and just have her report directly to the city manager. This was on the charter review before, and we all said we were not going to let that happen. The mayor was unsure of the condition under which Concilmember Edwards would withdraw his motion, as it was somewhat complex. Therefore Councilmember Edwards simply withdrew the motion so council could continue to debate. Mayor Carpenter spoke about, the role of the city secretary as being the caretaker of the rerds of the city, the city seal, putting the agenda together and all those things that are germ n� to running th ,city. As defined by this council, what is the appropriate role of the office of the city secretary? If we want this office to be doing administrative tasks for us then maybe Wve should staff that office appropriately —and that is at the desire of council. He does think there is a lack of congruence amongst 6.06, 4.07c and our ethics codes and we do need to make that clearer. Councilmember Davis stated he doesn't think there is a problem with 6.06 (Chapter 6) Article 6 or Article 4. He agrees that where her duties are defined, staffing needs to be appropriate. He thinks the problem is the wording in the Code of Ethics. He described his dialogs with city management and how that could indirectly turn into a request for something (i.e. a document/data, etc.) He has full confidence in the City Manager and City Secretary positions to tell him whether they can fulfill any request or not. 04 -03 -201.8 Minutes Page -13 - Mayor Carpenter spoke and provided examples of routine inquiries or requests for assistance versus demands for action not authorized. Councilmember Larson stated he was not accusing anyone of inappropriate behavior. He is simply saying there is a delineation. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Crawford to end debate. Mayor Carpenter called for ayes and nays. The ayes were in the majority. Motion Passed. Mayor Carpenter stated as a reminder to Council that th Charter says that all votes will be roll call votes except for matters that are procedural in nature. So, as there may be other procedural votes in the future he will at those times call fog ayes and nays in lieu of the regular roll call vote. • Discussion and consideration regarding interactions between Councilmebers and employees for purpose of clarifying and setti boundaries consistent with Section 4.07 Prohibitions (Interference with administration). Mayor Carpenter stated they 1 the ethics code which makes it a lot of this in the item above. He will reread opinion, the cod`is concise and clear. Lafon who' he thinks this is a very 'hat kind of conversations can he have with anager first? What's an inquiry? Can I just about their last performance review? What are these questions appropriate? If it is all Mayer Carpenter recognized Councilmember Davis who stated he thinks we are splitting hairs here. He provided an example of his interaction with a Parks staff member sometime back to report a situation that needed attention at one of the parks. Mayor ' Carpenter provided some history of the instructions of a prior city administrator where council could not even have a conversation with any of the staff who reported to him. The opposite end of that is where everything is wide open, and it is utter chaos. Somewhere in the middle lies a point of equilibrium. This is what we are conversing about and we may be splitting hairs to some degree. Councilmember Edwards stated smart people tend to put smart people around them and he thinks that is what we have done. He doesn't know who is interfering or how many. He doesn't know who asked for this item to be on the agenda, but he can say `stay in your lane.' Councilmember Larson stated he is only trying to have an intelligent conversation about our charter, so we don't run into some of the same issues we have experienced in the past. 04 -03 -201.8 Minutes Page -14 - We have had people who have said there have been employees showing up at their offices spreading rumors and talking about things happening that they couldn't tell us about. Other people have met with city employees who have made accusations against other city employees and they said they can't say who that is. This rumor mongering and festering and interaction with council and city employees is unhealthy and unprofessional and not in accordance with the nature of the charter. It is also not appropriate interaction and perhaps that is why this conversation is being mocked and it shines a light and the cockroaches are starting to scatter. The reality is that there is anecdote after anecdote of people who have admitted behind closed doors of having inappropriate conversations with city employees and then not divulging who the employee was or what the basis of the conversation was. This makes it very clear that there is an inappropriate relationship that is bypassing the city manager which is in violation of the city charter-',So, if you don't want to have conversations about those conversations, and if you want to end debate on it, he will vote for it. The reality is there is definitely a gray area between what is appropriate action between council and staff and what is not. This is not a trivial matter that doesn't have an impact on the city going forward. There are definitely some red flags about how some councilmembers have been interacting with soni cmplo ees of the city staff and we either need to say that is okay and change the charter ors it is not okay and not do it anymore. Councilmember Kiser addres d Councilmember Larson who previously stated that some oupcilmembers had gone into closed sessions and had admitted to having inappropriate conversations. She duos not recall any member sitting on this dais that went in and said I had 'an, inappropriate conversation. To clarify, there are times when an employee has stopped us 4,t HEB, a dental office (etc.) and said, `I would like to tell you this.' Should we then tell them we can't talk to them because they are a councilmember? She is not inquiring, she i not directing - - -but there are sometimes when a staff member or resident addresses them and tells them something. They are not directing or telling them to do anything and to say that is inappropriate is wrong. Typically, she doesn't even ask any questions when she is approached. That is not an inappropriate conversation. Mayor Carpenter stated he agreed that if a staff member wanted to speak to a council member and make them aware of something, that is not problematic, nor should it ever be. However, if the councilmember feels they need to act upon it, then they should go to the city manager with it. What matters is how council, as professional electives handle the provided information. 04 -03 -201.8 Minutes Page -15 - Mayor 9 Mayor, Council, and City Attorney Charles Zech exchanged thoughts and questions as to the definitions and proper procedures in regard to making inquiries with a staff member. Mr. Zech said that there are two definitions; asking for information and an official investigation. His point earlier was that it is two different contexts. The first is to him the `asking of a question' (4.07c). The second (4.1.0) is the `official investigation. Mayor Carpenter stated with 4.07c, the safest route, is to just ask the city manager. Councilmember Gutierrez stated he didn't know where these workshops were going until a Councilmember enlightened him as to what occurred recently. What is a reasonable inquiry? Certainly not looking at departments for the past five years where you have three reams of paper that you use up. That is not a reasonable inquiry —that is an investigation. We do have to set limits to ourselves. There were issues that were brought up in closed session. To Councilmember Larson's defense, he agrees with him. We have to set some boundaries. The city secretary cannot continue. to do everything that we inquire about whether it is in the past three months or past'ftue years. It is not reasonable,. What was the purpose? We have to set some limitations: Whai is a reasonable inquiry? Couni cil needs to define itself. We cannot be dealing in the day to da 'ppo ations of the city. We have to set a vision of what we want the city to be. Mayor Carpenter stated this probablly,,l and body of work that is germane to ''t are inquiries made by council member are ridiculous, and others are well fou discussion we are having is a growing will drive us to abetter outcome. We on a future date: reass Mayor Carpenter another discussion of what is the proper role ice of the city `secretary? In larger cities there an fie up entire departments and it does. Some We have" to find a solid balance. Part of this Let's recognize that each question asked here I stop and come back and talk about this again 42 p. m. it will meet in closed session under section 551.074 of the Texas Government ;onnel Matters to deliberate the appointment, employment, evaluation, it, duties, discipline, or dismissal of the City Manager. into regular session at 77:38 p.m. 4a. Take any action based on discussions held in closed session under Agenda Item 4. No action was taken. Requests and Announcements 04 -03 -201.8 Minutes Page -16 - • Announcements by the Acting City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Crawford who asked if the closed session item regarding the search for a new City Manager could be placed back on the agenda for next week. Mayor Carpenter asked the City Secretary to provide this item on future agendas moving forward until they say they are complete with their discussions. City Secretary Brenda Dennis acknowledged his request. • 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 e,uttended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember, Gutierrez who thanked the Schertz Bank and Trust staff who held their Re -Grand Opening Ribbon Cutting recently. They have been serving the community for 100 years. Also, the Lions Club held their Easter Egg hunt this past Saturday—it-Was a'greiit turnout. The Senior Center had their Easter luncheon and he thanked the I riij&s of Columbus for providing the meal. Mayor Carpenter recognized Councilmember Edwards who stated the Lions Club Easter Egg Lunt was great---45 0 children participated. Several young people were also fitted for eyeglasses, They have been doing this for years and the event is free of charge. A new category is being added to this event to address kids with disabilities. He also mentioned a compliment he received via e -mail regarding Building Official Gilbert Durant—the e -mail was forwarded to Acting City Manager Brian James. He also wanted to thank Marshals Division Ernest Spradling who has assisted him with some circumstances surrounding his building /landlord. Mayor Carpenter recognized Councilmember Crawford who said his HOA had their Easter egg hunt on Saturday —the Police canine unit came and many residents spoke with the handler and enjoyed themselves. EMS also came but then had to go on a call. The Fire Department came and gave out information and hats and were there the entire time. He extended his thanks to all the city staff for their time. 04 -03 -201.8 Minutes Page -17 - Mayor Carpenter congratulated Police Chief Michael Hansen as KENS 5 TV Chanel chose Crosshair as the winner of the April Fools Day competition. The AAPO had their executive committee meeting /full meeting a week ago Monday. The funding for the entire FM 1.51.8 project was approved and we will now be able to move this forward as a single project. He thanked everyone who may have helped in getting this accomplished. Mayor Carpenter recognized Councilmember Davis who said the Love Where You Live volunteer group will be tackling another project in the Pecan,' Grove subdivision this Saturday. 5. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update information from the Committee of Committees Advisory Commission (CCAB). (B. James /S. Gonzalez) • Update information regarding the • Update on progress of major Adiournment As there was no further business, Mayor projects. (D. 04 -03 -201.8 Minutes Page -18 - (B. James /L. Shrum) at 11:44 p.m. Michael R. Carpenter, Mayor Agenda No. 2 City Council Meeting: April 10, 2018 Department: Information Technology /Police Subject: Resolution No. 18-R-42 - A Resolution . by the City Council of Schertz authorizing purchases with CDW of up to $130,000, an increase from the previously approved amount of $85,000. BACKGROUND The City has historically purchased hardware from vendors belonging to purchasing cooperatives (DIR and Buy Board) such as Southern Computer Warehouse (SCW), SHI, Intech SW, Computer Discount Warehouse (CDW), PCS Mobile and Brite Computers. This has allowed the City to procure hardware for best value and capitalize on volume discounts. It is our policy to seek out the best pricing for the City whenever we anticipate a large purchase. Historically Intech SW, Southern Computer Warehouse (SCW) and Computer Discount Warehouse (CDW) have provided the best pricing for our purchasing needs. We will continue to seek out vendors that provide us with the best possible pricing each fiscal year as per our Purchasing policy. On November 14, 2017, Council gave approval to spend up to $85,000 with CDW, Intech Southwest and Southern Computer Warehouse on Resolution 17 -R -103. The City purchased 83 desktop units with CDW in January of 2018 as they provided the pricing for the City's PC Refresh project totaling $68,377.48. Other departments including EMS have also purchased computer hardware totaling $10,680.08, putting CDW's total for this fiscal year at $79,057.56. The I.T. Dept. has assisted the Police Dept. in procuring competitive quotes for outfitting their eight new patrol vehicles. The City received quotes from CDW, Rugged Tough, PSC Mobile, SCW and Brite Computers. After careful review of all quotations, it was determined that CDW provided the City with the best DIR pricing for this project. The cost of the equipment to be purchased from CDW is $38,328.40. This would bring the total cost purchased from CDW to $117,385.96 which is above the amount authorized by Council. As such, staff is requesting approval to purchase up to $130,000 with CDW for FY 201.7 -18 which allow staff to make purchases for an additional $12,614.04 from CDW. COMMUNITY BENEFIT This approval allows the City to move quickly when making purchases while working to reduce costs as City resources are conserved and purchasing efficiencies are maximized through use of a streamlined procurement process to find the best pricing. As well as providing the City with an additional eight patrol units being placed into service. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize increased expenditures up to $130,000 with CDW in FY 2017 -18. FISCAL IMPACT (8) Getac 5410 hardened laptops $16,470.24 (8) Getac 5410 5 year bumper to bumper warranty $7,213.04 (8) Gamber Johnson Pedestal Package mounting kit $2,970.24 (8) Getac 5410 Docking station $3,935.44 (8) Sierra Wireless GX450 gateway $5,077.92 (8) Ledco Charge Guard $435.60 (8) Sierra Wireless Antenna $1,596.64 (8) Lind Shut down timer $629.28 Total for eight full systems will be $38,328.40. These funds are already approved in the Police Department budget for this fiscal year. ATTACHMENTS Resolution 18 -R -42 RESOLUTION NO. 18 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL PURCHASES FROM $85,000, UP TO $130,000 WITH CDW FOR I.T. RELATED HARDWARE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has budgeted expenditures for hardware, software, licensing and misc. IT hardware replacements; and WHEREAS, City staff has determined that CDW, a Texas cooperative, DIR and Buy Board vendor, provides the best -value to the City for essential software and hardware, and any other related technology; and WHEREAS, purchases under these programs meet the requirements under the Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City of Schertz Resolution 11 -R -41 on August 30, 2011 amending the City's purchasing policy; and WHEREAS, City staff are requesting the amendment of 17 -R -103 to raise the amount approved for CDW in the fiscal year 201.7 -2018 from $85,000 to $130,000 and keep Southern Computer Warehouse and Intech Southwest at the originally approved amount of $85,000 for fiscal year 201.7 -2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures up to $130,000 for FY 2017- 2018 for CDW for related software and hardware purchases, not to exceed the approved budgeted amounts utilizing various cooperatives, DIR and Buy Board contracts. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th of April 2018. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS -2- Michael R. Carpenter, Mayor PEOPLE =ZOWHO GET IT DEAR TAMMY LAWRENCE, Thank you for considering CD *G for your computing needs. The details of your quote are below, Clic'K to convert your quote to an order. E I TAC S410 15-620OU' 256 tys "" Mfg. Part#: SE2DCRDASDXJ Contract: Texas Law Enforcement DIR-TSO-3958 Getac (DIR-TSO-3958) t c"' Ti EXT AqTY EY,4,'I Mfg, Part#: GE-SVSRNFXSY GETAC : ( Bumper to Bumper )+ Extended Warranty- Semi-Rug Laptop (Year 1,2,3,4 & 5) Electronic distribution - NO MEDIA Contract: Texas Law Enforcement DIR-TSO-3958 Getac (DIR-TSO-3958) PI Mfg, Part#: 7170-0148 UNSPSC: 31162313 KIT, FORD, INTERCEPTORS 2012+PED Contract: Texas Law Enforcement DIR-TSO-3958 Gamber (DIR-TSO-3958) 33 }......j T 4",'� 0 A M 9 E R V E ' L E D j,), C �111"' 11- . ... . ...... ..... . ................... ....IC.. ............ ...... .. . . .... .. Mfg, Part#: GDVNGW GETAC : 5410 Camber Johnson Vehicle Dock w/o RF (include 120W vehicle adapter) Contract: Texas Law Enforcement DIR-TSO-3958 Getac (DIR-TSO-3958) S�errn ...... ... .. Mfg, Part#: 1102360 UNSPSC: 43222605 Contract: Texas Law Enforcement DIR-TSO-3958 Sierra (DIR-TSO-3958) DC0 CHAR GJAf2," ?,....a ELE T Mfg, Part#: CG-X Contract: Texas Law Enforcement DIR-TSO-3958 Havis (DIR-TSO-3958) 5 1 E F1 R A R E i 5 Al,"N - M' 4 0 A N T E N N A Mfg, Part#: APCCWGQS2222RP3WH Contract: MARKET N),,',1,0TECT CAR,QATT DOWN Mfg, Part#: SDT1230-016 Contract: MARKET 8 5021138 $2,058.78 $16,470.24 8 3695314 $901,63 $7,213.04 8 2778960 $371,28 $2,970.24 8 4647548 $491.93 $3,935.44 8 3626108 $634.74 $5,077.92 8 1547964 $54.45 $435.60 8 3334074 $199,58 $1,596.64 8 1044176 $78.66 $629,28 Page 1 of 2 .. John Raim,,cmdi 1 (877) 685 -2969 1 johnrai@cdwg.com Page 2 of 2 Agenda Item 3 0111 &WOL11"LlusI NO 1 DlU [o7 710 Rod City Council Meeting: April 10, 2018 . Department: Parks & Recreation Subject: Resolution No. 18 -R -44 — A Resolution authorizing expenditures with Collier Materials not to exceed $87,300 for decomposed granite for the Schertz Exercise Trail Project. (B. James, L. Shrum) I YXI OI X 1 Z01i1►`i 1 The City of Schertz Parks, Recreation, and Community Services Department applied for and received funding from the Texas Parks & Wildlife Department Recreational Trails Grant Program to add 1.8 miles of trail to the Schertz Exercise Trail Project. The total project cost is $109,1.25 with 80% being reimbursable from the grant program ($87,300) and 20% being the local match ($21,825.) The project consists of adding a 10 foot wide decomposed granite trail extension to the original Phase I of the trail that was completed along Dietz Creek adjacent to Community Circle Drive. The construction of the trail will be performed in -house by City staff. The extension was originally planned to cross the drainage channel with a second pedestrian bridge near the SAWS Plant to Samuel Clemens High School property. Recent parking lot expansions at Clemens HS have made this route unfeasible at this time, but a re -route is being developed for approval by TPWD Grants staff. The trail will then continue along the other side of Dietz Creek. Parks & Recreation worked with the Purchasing Department to put out an Invitation to Bid (#18- PK- I I -M-02) for the estimated 1,701.81 tons of decomposed granite needed. The winning bidder was Collier Materials from Marble Falls, Texas. Based on the low bid for materials and delivery to site, staff recommends purchasing decomposed granite from Collier Materials for this project. Goal Purchase the decomposed granite needed for city staff to complete the construction of the Schertz Exercise Trail Project. Community Benefit The project will enhance recreational trail opportunities in the City of Schertz. The project will add 1.8 miles of trail to our trails network, which is a top priority in our Parks & Recreation Master Plan. Summary of Recommended Action Approval of Resolution 18 -R -44 FISCAL IMPACT The $87,300 for this purchase is available in the Parks Grants Fund. ATTACHMENTS Resolution 18 -R -44 RESOLUTION NO. 18 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH COLLIER MATERIALS TOTALING NO MORE THAN $87,300 FOR DECOMPOSED GRANITE FOR THE SCHERTZ EXERCISE TRAIL PROJECT. WHEREAS, the City staff of the City of Schertz (the "City ") has applied for and received funding from the Texas Parks & Wildlife Recreational Trails Grant Program for the Schertz Exercise Trail Project; and WHEREAS, City staff extended an Invitation for Bids ( #18- PK- 11-M -02) for decomposed granite to complete construction of the trail; and WHEREAS, Collier Materials was the low bidder for decomposed granite and delivery of materials; and WHEREAS, the City Council has determined that it is in the best interest of the City to purchase decomposed granite from Collier Materials. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to authorize expenditures with Collier Materials totaling no more than $87,300 for decomposed granite for the Schertz Exercise Trail Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of April, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 A -1 THE CITY OF SCHERTZ, TEXAS INVITATION FOR BIDS (IFB) for DECOMPOSED GRANITE PATH PROJECT #18- PK- 11 -M -02 �C> March 14, 2018 n)(CHIEIR COMMUNITY* SERVICE * OPPORTUNITY 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS: PAGE Notice to Bidders 3 Part I: General Requirements for Bids 4 Part Il: Specific Requirements for Bids 13 Part III: Bid Form A 16 Part III: Bid Form B — Pricing 17 NOTICE TO BIDDERS INVITATION FOR BIDS for GRANITE PATH PROJECT #I 8-PK- I I -M -02 The City of Schertz, Texas, intends to purchase and invites you to submit a sealed bid for: GRANITE PATH PROJECT MATERIALS Sealed bids addressed to the Purchasing and Asset Management Department will be received until March 28, 2018 at 2:00 PM, at 1400 Schertz Parkway Building # 2, Schertz, Texas 78154. All bids must be in the City of Schertz's possession on or before the scheduled date and time (no late bid will be considered). Respondents receiving an Invitation for Bids notice in the mail, or reading the announcement in the newspaper are advised that the bid documents can be obtained by contacting Purchasing and Asset Management, 1400 Schertz Parkway Building # 2, Schertz, TX 78154 or by calling the Department at (210) 619 -1162. Be advised that if your company downloaded the documents from the web page and is contemplating responding to this bid, you MUST register as a Schertz Vendor at www.publicpurchase.coni so any changes /additions via Addendum can be accessed by your company. Vendor registration instructions can be found at www.scher-tz.coni (Departments /Purchasing /Open Bids/Vendor Registration Instructions). Any questions in reference to this bid may be directed to Purchasing & Asset Management at (210) 619 -1162. In accordance with the Texas Local Government Code, the contract will be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City. The City shall evaluate the bids on the basis of all factors that have bearing on price and performance of the items. The City of Schertz reserves the right to refuse and reject any or all responses, waive any or all formalities or technicalities, accept the response or portions of the response determined to be the best value and most advantageous to the City, and hold the responses for a period of 90 days without taking action. Respondents are required to hold their responses firm for the same period of time. Hand - delivered & Courier Submissions: Purchasing & Asset Management Department 1400 Schertz Parkway, Bldg. # 2, Schertz, TX 78154 LABELING INSTRUCTIONS: Envelopes must be clearly marked: CITY OF SCHERTZ INVITATION FOR BID 41TGRANITE PATH PROJECT MATERIALS # 18- PK- 11 -M -02 PART I GENERAL REQUIREMENTS FOR BIDS L DEVIATION FROM SPECIFICATION / REQUIREMENTS Please read the requirements thoroughly and be sure that your response complies with all requirements /specifications noted. Any variation from the solicitation requirements /specifications must be clearly indicated by letter, on a point -by -point basis, attached to and made a part of your response. If no exceptions are noted, and you are the successful respondent, the City of Schertz will require that the good /service(s) be provided as specified. IL PURPOSE The purpose of these specifications/requirements and bid documents are to award a contract for the purchase of: 41TGRANITE PATH PROJECT MATERIALS III. INTENT The good/ service(s) to be provided under the IFB shall be in accordance with and shall meet all specifications and /or requirements as shown in this solicitation. There is no intention to disqualify any respondent who can meet the requirements. IV. SUBMITTAL OF BIDS Bids shall be submitted in a sealed envelope as referenced on the attached solicitation. One (1) signed original marked "ORIGINAL ", three (3) complete sets marked "COPY 1 ", "COPY 2 ", etc. Bids WILL be accepted in person, by United States Mail, or by private courier service. Bids WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. Bids may be withdrawn prior to the above scheduled time set for closing. Alterations made before bid closing must be initiated by respondents guaranteeing authenticity. Submittal of a bid constitutes an offer by the respondent. Once submitted, the bid becomes the property of the City of Schertz and as such the City reserves the right to use any ideas contained in any response regardless of whether that respondent/firm is selected. Submission of a bid in response to this solicitation, by any respondent, shall indicate that the respondent(s) has accepted the conditions contained in the IFB, unless clearly and specifically noted in the bid submitted and confirmed in the contract between the City and the successful respondent. Bids which do not comply with these requirements may be rejected at the option of the City. Bids must be filed with the City of Schertz before the deadline day and hour. No late bid will be accepted. They will be returned to respondent unopened (if properly identified). Failure to meet bid requirements may be grounds for disqualifying a proposal. Hand - delivered & Courier Submissions: Purchasing & Asset Management Department 1400 Schertz Parkway, Bldg. # 2, Schertz, TX 78154 V. ASSIGNMENT Respondents are advised that the City of Schertz shall not allow the successful respondent to sell, assign, transfer, or convey any part of any contract resulting from this bid in whole or in part, to a third party without the written approval of the Purchasing and Asset Management Department for the City of Schertz. VI. INTERLOCAL PARTICIPATION The City may enter into Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives (hereafter collectively referred to as "Entity" or "Entities ") to enhance the City's purchasing power. At the City's sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. Such acquisition(s) shall be at the prices stated herein, and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders within ten calendar days of receipt. In no event shall City be considered a dealer, re- marketer, agent or other representative of Vendor or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be obligated or liable for any such order. Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations, including, but not limited to, payment, and for any item ordered by an entity other than City. Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City's contract. VII. PREPARATION OF RESPONSE Responses MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent/Bidder whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate by -laws and shall also list the state in which it is incorporated. A partnership Respondent/Bidder shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondent/Bidder shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each respondent/ bidder, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the respondent. VIII. TIME ALLOWED FOR ACTION TAKEN The City of Schertz may hold bid responses 120 days after submittal deadline without taking action. Respondents are required to hold their bids firm for same period of time. IX. ALTERATIONS /AMENDMENTS TO BIDS Bids CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by respondent guaranteeing authenticity. No bid may be withdrawn after opening time without reasonable exception in writing and only after approval by the City of Schertz. X. LIST OF EXCEPTIONS The respondent shall attach to the bid a list of any exceptions to the specifications /requirements, on a point - by -point basis. XI. NAME BRANDS Specifications may reference name brands and model numbers. It is not the intent of the City of Schertz to restrict these bids in such cases, but to establish a desired quality level of merchandise or to meet a pre- established standard due to like existing items. Bidders may offer items of equal stature and the burden of proof of such stature rests with bidders. The City of Schertz shall act as sole judge in determining equality and acceptability of products offered. XII. INSPECTIONS & TESTING City of Schertz reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the bid as inadequate. XIII. PRICING Prices for all goods and /or services shall be firm for the duration of this contract and shall be stated on the Bid Pricing form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. X1[V. INTERPRETATIONS Any questions concerning the requirements or scope of work with regards to this solicitation for bids shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for bids, shall be furnished in writing to all prospective respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Schertz in accordance with paragraph entitled "Addenda and Modifications ". XV. ANTICIPATED TERM OF CONTRACT The anticipated term for the proposed contract shall be defined after Award XVI. EVALUATION Evaluation shall be used as a determinant as to which bid items or services are the most efficient and /or most economical for the CITY. It shall be based on all factors that have a bearing on price and performance of the items. All bids are subject to tabulation by the City of Schertz Purchasing Department and recommendation to the governing body. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. The City of Schertz Purchasing Department reserves the right to contact any bidder, at any time, to clarify, verify or request information with regard to any bid. XVIL CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Pursuant to Subchapter Z, Chapter 271.905 1, Texas Local Government Code, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within 5% of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: a) the lowest bidder; or b) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. XVII. AWARD OF CONTRACT In accordance with Section 252.043 of the Texas Local Government Code, award shall be made to the lowest responsible bidder, or to the bidder, in the opinion of the City of Schertz, is the most advantageous to the City and can provide the best service and value for the City. In determining the best value for the municipality, the municipality may consider: a) the purchase price; b) the reputation of the bidder and of the bidder's goods or services; c) the quality of the bidder's goods or services; d) the extent to which the goods or services meet the municipality's needs; e) the bidder's past relationship with the municipality; f) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; g) the total long -term cost to the municipality to acquire the bidder's goods or services; and h) any relevant criteria specifically listed in the request for bids or proposals. The City reserves the right to make an award on the basis of low line item, low total of lines items, or in any other combination that serves the best interest of the City and to reject any and all bids or line items at the City's sole discretion. For the purpose of evaluation, any item left blank will be deemed "no bid ". The City reserves the right to accept any item or group of items on this bid, unless tine bidder qualifies his /her bid by specific limitations. A written award of acceptance (manifested by a City Resolution) and appropriation mailed or otherwise furnished to the successful bidder results in a binding contact without further action by either parry. Breaking of tie bids shall be in accordance with Section 271.901 of the Texas Local Government Code. Although the information furnished to bidders specified the approximate quantities needed, based on the best available information where a contract is let on a unit price basis, payment shall be based on the actual quantities supplied. The City reserves the right to delete items, prior to the awarding of the contract, and purchase said items by other means; or after the awarding of tine contract, to increase or decrease the quantities bid in accordance with Section 252.048 of the Texas Local Government Code. No changes shall be made without written notification of the City. XVIII. RIGHT TO REJECT/ AWARD The City of Schertz reserves the right to reject any or all bids, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best value and most advantageous to the City of Schertz. XIX. CLARIFICATION OF REQUIREMENTS All requests for additional information or clarification concerning this bid must be submitted in writing using the eProcurement site at www.publicpurchase.com. XX. ADDENDA AND MODIFICATIONS Any changes, additions, or clarifications to the IFB are made by amendments (addenda) and will be posted on the Public Purchase website. Any respondent in doubt as to the true meaning of any part of the IFB or other documents may request an interpretation from the Purchasing and Asset Management Department. At the request of the respondent, or in the event the Purchasing and Asset Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Asset Management Department. Such addendum will be attached to the original IFB in the Public Purchase file and will become part of the IFB package having the same binding effect as provisions of the original IFB. It shall be the respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their Submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent's recognition and compliance to official changes as outlined by the City of Schertz and as such are made part of the original IFB documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at www.publicpurchase.com. No verbal explanations or interpretations will be binding. The City does not assume responsibility for the receipt of any addendum sent to respondents. XXI. INVITATION FOR BIDS PREPARATION COSTS Issuance of this IFB does not commit the City of Schertz, in any way, to pay any costs incurred in the preparation and submission of a bid. All costs related to the preparation and submission of this IFB shall be borne by the respondent. XXII. EQUAL EMPLOYMENT OPPORTUNITY Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. XXHI. ANTI- LOBBYING PROVISION During the period between IFB submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote their bid with any member of the Schertz Council or City staff except in the course of City - sponsored inquiries, briefings, interviews, or presentations. Violation of this provision shall result in the rejection of the respondent's bid and disqualification from future consideration of a similar IFB. XXIV. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that the City is contracting with the successful vendor as independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful vendor under this contract and that the successful vendor has no authority to bind the City. XXV. INSURANCE If required, specific insurance provisions will be included in bid specifications. A copy of an insurance certificate must be submitted within ten days from request. The successful vendor will be required to maintain, at all times during performance of the contract, the insurance detailed in bid specifications. Failure to provide this document may result in disqualification of bid. XXVI. DELIVERY OF GOODS /SERVICES All materials are to be delivered F.O.B.; City of Schertz designated facility. Delivery dates pertaining to this invitation must be clearly stated in the bid form where required and include weekends and holidays. Failure to comply with this requirement may be a cause for disqualification of bid. Unless otherwise specified, delivery at the earliest date is required. The bidder will clearly state in the bid the time required for delivery upon receipt of contract or purchase order. Proposed delivery time must be specific. Upon award of a contract, the vendor is obligated to deliver the goods to the destination specified in the IFB or the Purchase Order and bears the risk of loss until delivery. The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services tendered by vendor. The City at its option may reject all or any portion of such goods or services which do not, in City's sole discretion, comply in every respect with all terms and conditions of the contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non - conditional, shall not be deemed a waiver or settlement of any defect in such goods and services. When delivery is not met as provided for in the contract, the Purchasing Department reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the vendor, in addition to any other damages, direct or consequential, incurred by the City as a result thereof. In addition, failure of the vendor to meet the contract delivery dates will be cause for removal of the vendor from the City's list of eligible bidders as determined by the Purchasing Department. XXVII. WARRANTIES Bidders shall furnish all data pertinent to warranties or guarantees which may apply to items in the bid. XXVIII. TERMINATION A. This contract may be terminated: By the mutual agreement and consent of both Contractor and City; 2. By either party, upon the failure of the other parry to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; 3. By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; 4. By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. B. If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. XXIX. INDEMNIFICATION CLAUSE THE RESPONDENT HEREBY AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS EMPLOYEES, AGENTS, OFFICERS AND SERVANTS FREE AND HARMLESS FROM ALL LOSSES, CLAIMS, LIENS, DEMANDS AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER INCLUDING, BUT NOT LIMITED TO, THE AMOUNTS OF JUDGMENTS, PENALTIES, INTERESTS, COURT COSTS, LEGAL FEES, AND ALL OTHER EXPENSES INCURRED BY THE CITY ARISING IN FAVOR OF ANY PARTY, INCLUDING CLAIMS, LIENS, DEBTS, PERSONAL INJURIES, INCLUDING EMPLOYEES OF THE CITY, DEATH OR DAMAGES TO PROPERTY (INCLUDING PROPERTY OF THE CITY) AND WITHOUT LIMITATION BY ENUMERATION, ALL OTHER CLAIMS OR DEMANDS OF EVERY CHARACTER OCCURRING OR IN ANY WAYS INCIDENT TO, IN CONNECTION WITH OR ARISING DIRECTLY OR INDIRECTLY OUT OF THIS CONTRACT. THE RESPONDENT AGREES TO INVESTIGATE, HANDLE, RESPOND TO, PROVIDE DEFENSE FOR AND DEFEND ANY SUCH CLAIMS, DEMAND, OR SUIT AT THE SOLE EXPENSE OF THE RESPONDENT. IN ADDITION, THE RESPONDENT AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS EMPLOYEES, AGENTS, OFFICERS AND SERVANTS FREE AND HARMLESS FROM ALL LOSSES, CLAIMS, LIENS, DEMANDS AND CAUSES OF ACTION RELATING TO, FOR, OR ON ACCOUNT OF THE USE OF PATENTED APPLIANCES, PRODUCTS OR PROCESSES, AND THE RESPONDENT SHALL PAY ALL ROYALTIES AND CHARGES WHICH ARE LEGAL AND EQUITABLE. EVIDENCE OF SUCH PAYMENT OR SATISFACTION SHALL BE SUBMITTED UPON REQUEST OF THE DIRECTOR OF PURCHASING AND ASSET MANAGEMENT AS A NECESSARY REQUIREMENT IN CONNECTION WITH THE FINAL ESTIMATE FOR PAYMENT IN WHICH SUCH PATENTED APPLIANCE, PRODUCTS OR PROCESSES ARE USED. RESPONDENT ALSO AGREES TO BEAR ALL OTHER COSTS AND EXPENSES RELATED THERETO, EVEN IF THE CLAIM OR CLAIMS ALLEGED ARE GROUNDLESS, FALSE OR FRAUDULENT. THIS PROVISION IS NOT INTENDED TO CREATE ANY CAUSE OF ACTION IN FAVOR OF ANY THIRD PARTY AGAINST RESPONDENT OR THE CITY OR TO ENLARGE IN ANY WAY THE RESPONDENT'S LIABILITY BUT IS INTENDED SOLELY TO PROVIDE FOR INDEMNIFICATION OF THE CITY FROM LIABILITY FROM DAMAGES OR INJURIES TO THIRD PERSONS OR PROPERTY ARISING FROM RESPONDENT'S PERFORMANCE HEREUNDER. FORCE MAJEURE If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident., order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with the City. XXXI. RESPONDENT'S EMPLOYEES Neither the Respondent nor his /her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time. XXXII. HUB CERTIFICATION State Certified HUB Vendor(s) are required to provide a copy of their certification, if they have not previously done so. Fax information to the Purchasing & Asset Management Department at 210 - 619 -1169. XXXHI. VERBAL THREATS Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item /material /services for whatever reason and /or reasons shall be considered a breach of contract and the City will immediately sever the contract with the vendor. XXXIV. CONFIDENTIAL INFORMATION Any information deemed to be confidential by the respondent should be clearly annotated on the pages where confidential information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the bidder may not be confidential under Texas Law, or pursuant to a Court order. XXXV. JURISDICTION Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Guadalupe County, Texas. XXXVI. VENUE The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and /or any other dispute(s) shall be in Guadalupe County, Texas. XXXVIL CONFLICT OF INTEREST Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City Secretary of the City of Schertz not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at wNA,,w.etliics.state.tx.us/foi-iiis/CIQ.pd of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https : / /www. ethics .state.tx.us /wliatsnew /elf info form 1295.1itm and https: / /w«,�v.etliies.state.tx.us /tee /1295- Info.htm for more information. Non - Boycott of Israel. The City of Schertz may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting this purchase order, the vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. XXXVIII. CONFIDENTIALITY OF INFORMATION AND SECURITY Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality. XXXIX. SUBSTITUTIONS /CANCELLATIONS OF QUALIFICATIONS No substitutions or cancellations are permitted without written approval of City of Schertz. THE CITY OF SCHERTZ RESERVES THE RIGHT TO REFUSE AND REJECT ANY OR ALL BIDS AND TO WAIVE ANY OR ALL FORMALITIES OR TECHNICALITIES, AND TO MAKE SUCH AWARDS OF CONTRACT AS MAY BE DEEMED TO BE THE BEST VALUE AND MOST ADVANTAGEOUS TO THE CITY OF SCHERTZ. PART II SPECIFIC REQUIREMENTS FOR BIDS I. SPECIFICATIONS /SCOPE OF WORK This will be a Three -Phase Project as it will take some time for our Crew to spread, even and groom each shipment of Granite to the path. Due to the nature of the two materials mixed together, there is a window of approximately two weeks that the mixed materials need to be applied to the path before it becomes too hardened and compacted to work with. Materials 6,962 cubic yards or 1,031.41 tons of 1/4" minus decomposed granite Stabilizer (ADA Approved) for Stabilized Aggregate surfaces provided by the following manufacturer: Stabilizer Solutions, Inc. 33 South 28"1 St., Phoenix, AZ 858034; Phone (602) 225 -5900, (800) 336 -2468; Fax (602) 225 -5902 Website: www.stabilizersolutions.com Email: infonstabilizersolutions.com Stabilizer product to be purchased by City of Schertz and drop- shipped to the Contracted Granite Supplier Blending Stabilizer Stabilizer shall be thoroughly pre -mixed with aggregate at the rate of 15 -lbs of Stabilizer per 1 -ton of aggregate. Verify with manufacturer correct Stabilizer rate for your project and climate. Stabilizer shall be mechanically pre -mixed per manufacturer's recommendations using an approved mechanical blending unit to adequately blend Stabilizer with aggregate (Bucket blending is not an approved blending apparatus.) Always blend Stabilizer and aggregate DRY Delivery Location Across the street from the Schertz Skate Park (820 Community Circle, Schertz, TX 78154) in the empty parking lot (see attached map.) Phase 1: Deliver 365.78 Cubic Yards or 603.53 Tons Granite /Stabilizer Pre -mixed = 2,469' path distance Phase 2: Deliver 207.85 Cubic Yards or 342.95 Tons Granite /Stabilizer Pre -mixed = 1,403' path distance Phase 3: Deliver 457.78 Cubic Yards or 755.33 Tons Granite /Stabilizer Pre -mixed = 3,090' path distance Totals: 1,031.41 Cubic Yards or 1,701.81 Tons 6,962 Path Distance There can be no deviations from these Specifications without the Approval of City of Schertz Parks Department Management III. ADDITIONAL REQUIREMENTS 1. The Bidder shall be an authorized sales and service center for the goods /services bid. NEE—Iw, 0, I 18-PK-11-A-02 I Closing Date & Time: March 28,2018 g 2:00 PM 701i i� % / Net -56 I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fi-aud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. In submitting a bid to the City of Schertz, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Schertz all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti- trust laws of the United States and the State of TX for price fixing relating to the particular commodities or services purchased or acquired by the City of Schertz. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the bidder. AUTHORIZED SIGN A TURE DATE PRINTED NAME/TITLE Please initial by all that apply. I acknowledge receipt of the following addendum. Addenduni # I \ddenduni)�2 Addendtlin 4 3 Addendum 9 4 Please Note: • This page must be completed and returned with your bid • Bids must be submitted in a sealed envelope, marked with bid number. Bids received after the above closing date and time will not be accepted. PART III BID FORM B PRICING In compliance with this IFB Bid Number 18-PK-1 1 -M-02 and to all the conditions imposed herein, the above - signed agrees to provide and deliver Scott SCBA Equipment and Accessories to the Schertz Fire Department in accordance with the specifications attached herein at the following prices: Equipment Descri tion Unit Price Quantity TOTAL 1,031 Cubic Yards or 1,701.81 Tons 1/4" minus decomposed granite / Mixing of granite stabilizer (ADA Approved) provided & delivered to the supplier by City of Schertz eg Delivery of mixed product in Three Phases per Agreement e 5 W Additional Charges: CITY OF SCHERTZ, TEXAS INVITATION FOR BIDS (IFB) For raff a raff Date of Addendum: March 27, 2018 TO. Prospective Respondents Be advised that this Addendum No, I affects the following changes in the Contract Documents: Igim-11.-Ra L Notice to Bidders a. Submittal deadline has been extended until April 4, 2018 at 2:00 P.M. CDST, 2. Pail III — Bid Form A (revised form attached to addendum) a. Submittal deadline has been extended until April 4, 201'8 at 2:00 P.M. CDST. b. Project number corrected from 18 -PIS -1 I-A-02 to 18 -PIS -1 I-M-02, 3. Pail III — Bid Form B (revised form attached to addendum) a. Under PRICING, changed wording fi-om "provide and deliver Scott SCBA Equipment and Accessories to the Schertz Fire Department" to "provide and deliver goods and services." 4. IFB Pail 11 - Specific Requirements for Bids Material quantity corrected from 6,962 cubic yards to 1031,41 cubic yards or 1,701.81 tons Each respondent is requested to acknowledge receipt of this Addendum No.1 by his/her signature affixed hereto and to file it with and attached to his/her submittal. END OF ADDENDUM NO. I Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 10, 2018 Department: Engineering Subject: Resolution 18 -R -43 — A Resolution by the City Council of the City of Schertz, Texas, authorizing the Acting City Manager to enter into an Agreement with Lockwood, Andrews, and Newnam, Inc., for Engineering Services related to the 2018 Street Preservation and Maintenance /Rehabilitation Project BACKGROUND During the November 28, 2017 . City Council meeting, staff presented a recommended "pavement preservation" list, based on the recently collected Pavement Condition Index (PCI) data. The preservation list included the list of streets to rehabilitate and the anticipated maintenance activity for each street, essentially creating the 2018 Street Preservation and Maintenance /Rehabilitation Project. The proposed construction activities included chip seal; mill and overlay; and some full reconstruction . on the following street sections: Greenfield Subdivision — chip seal Randolph Ave, Exchange to Maple — chip seal Curtiss, Beacon to Lindbergh — chip seal Live Oak, Oak Run to FM 3009 — chip seal* Northcliffe Subdivision — mill and overlay on: Castle Hill; Sherwin; Angels; Whisper Cove; Cherry Tree, Meadow Head to Mayfair; Brookhead; Tiffany; Crestwood; Wedgewood, Meadow Head to Mayfair; Meadow Head; Portage; and Mayfair. Schertz Parkway, Beck to Live Oak — mill and overlay Randolph Ave, Main to Exchange — reconstruction Lindberg Ave, Main to Exchange — reconstruction Tri County Parkway, TI- 35 to Corridor Parkway — reconstruction Schertz Parkway, Maske to Woodland Oaks — possible reconstruction *requires coordination with Park Department trail /bike path project Plans and specifications will be created for all of the above listed streets. However, until the project is bid, it is unclear if enough funding exists to construct all of the improvements. Some segments may need to be deferred until additional funding is available. Also note that actual maintenance activities may vary from that listed above based on field survey and testing results. Staff worked with one of our On -Call Engineering Firms, Lockwood Andrews, and Newnam, Inc., (LAN) to develop a scope of work for the necessary geotechnical investigation, surveying, design, and bid package creation for the proposed project. Once the bid package is created, the project will be bid and council will be asked to award a construction contract. 2018 Street Preservation and Maintenance Project Budget Engineering $ 355,1.73 Contingency $ 100,000 Advertising $ 750 Construction (Estimated) $ 4,000,000 Construction Contingency $ 344,077 Project Total $ 4,800,000 GOAL To obtain authorization from City Council to execute an agreement with LAN to provide professional engineering- related services for $355,1.73, and a not to exceed amount of $400,000, for the 2018 . Street Preservation and Maintenance /Rehabilitation Project. COMMUNITY BENEFIT The professional engineering - related services will confirm, and in some cases identify, the most appropriate street maintenance activities for the list of streets in the project. The services will provide for the creation of the project bidding documents and bid result analysis, allowing the project to move forward more quickly, completing the maintenance activities as soon as possible. Completion of the maintenance activities will improve the street conditions of the streets in the project, benefitting motorists, and avoiding having to completely reconstruct the roadways at a higher unit cost in the future. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council approve Resolution 18 -R -43 authorizing a professional services agreement with LAN, in the amount of $355,1.73, and authorizing expenditures related to the agreement not to exceed $400,000 for the 2018 Street Preservation and Maintenance /Rehabilitation Project. FISCAL IMPACT Funding for the professional services agreement will be paid for from bond sale proceeds approved in three phases (FY 16, FY 17, and FY 18) authorized by the City for this purpose. Construction costs for the project are not yet known, but are estimated to be approximately $4.0 Million. On January 9, 2018, . Council approved Resolution 1.8 -R -02 authorizing expenditures with LAN totaling no more than $75,000 for professional engineering- related services on various separate and unrelated projects, each of which has a value of less than $50,000, during the 2017 -201.8 fiscal year. On February 13, 2018 City Council authorized expenditures with an additional $140,000 for drainage projects. This project for an amount not to exceed $400,000 would bring the total with LAN to $515,000 (which includes not to exceed amounts) in addition to the Lower Seguin Road and Fire /EMS Oil -Water Separator projects that are close to completion. ATTACHMENT Resolution 18 -R -43 LAN Project List RESOLUTION NO. 18 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LOCKWOOD, ANDREWS, AND NEWNAM, INC., FOR PROFESSIONAL ENGINEERING RELATED SERVICES FOR THE 2018 STREET PRESERVATION AND MAINTENANCE /REHABILITATION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering and design for the 2018 Street Preservation and Maintenance /Rehabilitation Project; and WHEREAS, City staff has determined that Lockwood, Andrews, and Newnam, Inc., (LAN) is uniquely qualified to provide such services for the City; and WHEREAS, LAN is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with LAN, Inc. pursuant to the On -Call Engineering Project Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Project Agreement with LAN in accordance with their approved Master Agreement in substantially the form set forth on Exhibit A in the amount of $355,173.00 with a not to exceed amount of $400,000.00. 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, d. 1 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 EXHIBIT A .. MY 50077397.1 A- �. CITY OF SCHERTZ PROJECT AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and/or "OWNER ", and Lockwood, Andrews & Newnam, Inc. hereinafter called "CONSULTANT ". Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1. DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 1.0 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT 1 PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST ATTACHMENT 3 BILLING RATE SCHEDULE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES 2018 Pavement Preservation Program Page 1 ARTICLE 1: DEFINITIONS AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS AS SET OUT BELOW: Agreement means this Master Agreement between. CITY and CONSULTANT that establishes the terms and conditions for all Projects to be carried out under this Agreement. Application for Compensation means the form CONSULTANT uses to make a request to be paid for completed services. Application for Payment means the form CONSTRUCTION CONTRACTOR uses to make a request to be paid for completed work. Certificate for Payment means the form CONSULTANT uses to make recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment. CITY means the City of Schertz, Texas. Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of this Agreement, payment of money, extension of time, or other relief with respect to the terms of this Agreement. The term "claim" also includes other disputes and matters in question between the OWNER and CONSULTANT arising out of or relating to this Agreement. Compensation means amounts paid by CITY to CONSULTANT for completed services under this Agreement. CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the Project. Construction Contract Documents means the contract between the CITY and the firm contracted by CITY to construct the Project and all documents therein. CONSULTANT means the entity named on the cover page of this Agreement and its officers, partners, employees, agents, and representatives, and all its subconsultants, if any, and all other persons or entities for which CONSULTANT is legally responsible. ENGINEER means CITY's City Engineer. Final Compensation means the final amounts paid by CITY to CONSULTANT for completed services under this Agreement. Final Payment means the final amounts paid by CITY to CONSTRUCTION CONTRACTOR for completed work under the construction contract. 2018 Pavement Preservation Program Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall . be through CONSTRUCTION CONTRACTOR. 2018 Pavement Preservation Program Page 3 2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the professional Services described in this Section that are necessary for the development of the Project, including plans and specifications, construction management services, any special and general conditions, and instructions to bidders as acceptable to the Engineer, or his or her duly authorized representative. 2.4 CONSULTANT shall complete a Project in accordance with the phases in CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1 and 2. 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. 2.6.7 In case of conflicts, follow and comply with the most stringent requirements for the Design Phases. 2.6.8 Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2018 Pavement Preservation Program Page 4 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and .dwg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents. 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction. Phase: 2.8.1 CONSULTANT shall monitor construction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control over or charge of and will not be responsible for acts or omissions of CONSTRUCTION CONTRACTOR, subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to the Contract Documents. Whenever CONSULTANT or CITY considers it necessary or advisable, either CITY or CONSULTANT may require inspection or testing of the Work whether or not such Work is fabricated, installed or 2018 Pavement Preservation Program Page 5 completed. However, neither this authority of CONSULTANT or CITY, nor a decision made by either, in good faith, to require or not require an inspection shall give rise to a duty or responsibility of CONSULTANT or CITY to CONSTRUCTION CONTRACTOR, subcontractors, material and equipment suppliers, agents or employees, or other persons or entities performing portions of the Work. 2.8.6 CONSULTANT will review and approve or take other appropriate action upon CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. CONSULTANT will respond to submittals such as Shop Drawings, Product Data, and Samples pursuant to the procedures set forth in the Project specifications. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of equipment or systems, all of which remain the responsibility of CONSTRUCTION CONTRACTOR as required by the Contract Documents. CONSULTANT'S review of CONSTRUCTION CONTRACTOR'S submittals shall not relieve CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures unless otherwise specifically stated by CONSULTANT. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION CONTRACTOR'S Application for Payment review the Application for Payment and either issue to OWNER and /or the affected utility a Certificate for Payment for such amount as CONSULTANT determines is properly due, or notify OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing of CONSULTANT'S reasons for withholding recommendation of approval in whole or in part. 2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a representation by CONSULTANT to OWNER, based on CONSULTANT'S evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the design agreement documents or Construction Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the design agreement documents, to results of subsequent tests and inspections, to correction of minor deviations from the design agreement documents prior to completion, and to any specific qualifications expressed by CONSULTANT. The issuance of a Certificate for Payment based on the CONSTRUCTION CONTRACTOR'S Application for Payment will further constitute a representation that CONSTRUCTION CONTRACTOR is entitled to payment in accordance with the Schedule of Values. The issuance of Certificate for :Payment will not be a representation that 2018 Pavement Preservation Program Page 6 CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.1.3 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate assurance of its continued performance within a reasonable time after demand; 2.8.9.5 damage to OWNER or another contractor; 2.8.9.6 reasonable evidence that the Work will not be completed within the agreement time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 2018 Pavement Preservation Program Page 7 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.1.1 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S review and records, written warranties and related documents required by the Construction Contract Documents and assembled by CONSTRUCTION CONTRACTOR, and will issue a final Approval for Payment upon compliance with the requirements of the Construction Contract Documents. Such final Approval will be accompanied by a signed and sealed statement from the CONSULTANT'S Engineer of Record that certifies to CITY that the project was constructed in accordance with the approved plans and specifications. 2018 Pavement Preservation Program Page 8 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and from CONSULTANT'S own observations in accordance with City standards. CONSULTANT shall provide record drawings in hard copy, .pdf, and .dwg formats to CITY. ARTICLE 3: COMPENSATION FOR SERVICES 3.1 Basic Services 3.1.1 Compensation for all Services included in this Agreement will be on a time and expense not -to- exceed basis in accordance with the negotiated, approved schedule of billing rates as set forth in Attachment 3. Not -to- exceed compensation amounts, to the extent they have been negotiated shall be reflected in Attachment 3. A Proposal including a not -to- exceed cost will be provided by CONSULTANT along with a Scope of Services for each Project (Attachments 1. and 2). The amount to be paid to CONSULTANT, including authorized adjustments, is the total amount payable by OWNER to CONSULTANT for performance of the Services for the Project under this Agreement. It is agreed and understood that such amount will constitute full compensation to CONSULTANT for Services included in the Scope of Services and shall meet all requirements of CITY'S design guidelines applicable to the Project. Unless and until CITY makes further appropriations for any Services not included in the Scope of Services of this Agreement, the obligation of CITY to CONSULTANT for Compensation in connection with this Agreement cannot and will not exceed the sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved as Attachment 3 of this Agreement shall be made during the term of this Agreement without the prior written approval of CITY. 3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services performed the preceding month. CONSULTANT'S invoices shall include the name of the person who performed the Service, a brief description of the Service performed and the Phase of the Project to which the Service relates, the date(s) the Service was performed, the number of hours spent on all Services billed on an hourly basis, and a description of any subconsultant fees and /or reimbursable expenditures. 3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by CITY. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by CONSULTANT: 3.1.4.1 Approved reproduction charges, 3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services that CONSULTANT agrees to provide pursuant to this Agreement, 2018 Pavement Preservation Program Page 9 which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and /or other costs and /or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the phases in the Scope of Work. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. 3.1.6 CONSULTANT shall, within 1.0 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. 3.1.7 CONSULTANT warrants that title to all deliverables produced in the performance of Services covered by an Application for Compensation will pass to OWNER no later than the time of payment. CONSULTANT further warrants that upon submittal of an Application for Compensation, all Services for which Applications for Compensation have been previously issued and payments received from OWNER shall, to the best of CONSULTANT'S knowledge, information and belief be free and clear of liens, claims, security interests or encumbrance in favor of CONSULTANT, or other persons or entities under contract with CONSULTANT making a claim by reason of having provided labor or services relating to CONSULTANT'S Services. CONSULTANT SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY OWNER TO CONSULTANT. 2018 Pavement Preservation Program Page 10 3.2 Additional Services 3.2.1 CONSULTANT shall not receive any compensation for additional Services without prior written authorization of CITY. Compensation for duly authorized additional Services shall be paid in accordance with the approved schedule of billing rates as set forth in Attachment 3. 3.2.2 Examples of additional Services (not all inclusive) 3.2.2.1 Assistance to CITY as an expert witness in any litigation with third parties arising from the development of construction of a Project including the preparation of engineering data and reports. 3.2.2.2 Preparation of plats and field notes for acquisition of property. 3.2.2.3 Preparation of applications and supporting documents for governmental grants, loans, or advances in connection with a Project; preparation of review of environmental assessment and impact statements; review and evaluation of the effect on the design requirements of a Project of any such statements and documents prepared by others; and assistance in obtaining approval of authorities having jurisdiction over the anticipated environmental impact of a Project. 3.2.2.4 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT. 3.2.2.5 Making revisions to drawings or specifications occasioned by acceptance of substitutions proposed by CONSTRUCTION CONTRACTOR; and Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by CONSTRUCTION CONTRACTOR. 3.2.2.6 Preparing drawings, specifications, and supporting data and providing other Services in connection with change order requests to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the Services required of CONSULTANT, provided such change order requests are required by causes not solely within the control of CONSULTANT; or in connection with change orders requiring significant engineering effort to compute and document the Work effort reflected by the Change Order. 2018 Pavement Preservation Program Page 11 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation . and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.1.2 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. 3.2.2.13 Providing Services of geotechnical engineering firm to perform test borings and other soil or foundation investigations and related analysis not included in original Scope of Services for a Project. 3.2.2.14 Additional copies of Construction Contract Documents, review documents, bidding documents, reports, and or drawings over the number specified in the original Scope of Services for a Project. 3.2.2.15 Preparation of all documents dealing with 404 permits and railroad agreements. 3.2.2.16 Providing photographs, renderings, or models for CITY use. 3.2.2.1.7 Providing aerial mapping Services. 2018 Pavement Preservation Program Page 12 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and .dwg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". 4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S opinion, to protect OWNER from damage or loss for which CONSULTANT is responsible, because of, 4.3.1 delays in the performance of CONSULTANT'S services; 4.3.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to OWNER is provided by CONSULTANT; 4.3.3 failure of CONSULTANT to make payments properly to subconsultants or vendors for labor, materials or equipment; 4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the amount unpaid under this Agreement; 4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or 2018 Pavement Preservation Program Page 13 4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services in accordance with this Agreement. 4.4 When the above reasons for withholding are removed or remedied by CONSULTANT, compensation of the amount withheld will be made within a reasonable time. OWNER shall not be deemed in default by reason of withholding compensation as provided for in this Article. 4.5 In the event of any dispute(s) between the parties regarding the amount properly payable for any Phase or as final. Compensation, or regarding any amount that may be withheld by OWNER, CONSULTANT shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event CONSULTANT does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than 30 days after CONSULTANT'S final Application for Compensation. 4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims except those previously made in writing and identified by CONSULTANT as unsettled at the time of final Application for Compensation. 4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to OWNER and all applicable utility providers in connection with any and all Services performed hereunder. CONSULTANT agrees to retain all such books, payrolls and records (including data stored in computer) for a period of not less than four years after completion of Work. At all reasonable times, OWNER and all applicable utility providers and their duly authorized representatives shall have access to all personnel of CONSULTANT and all such books, payrolls and records, and shall have the right to audit same. ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE 5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project Design Phases, Attachment 2. 5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its obligations for the various Phases of a Project under Section 4, Scope of Services, of this Agreement in a prompt and continuous manner so as to not delay the development of the design Services and so as to not delay the construction of the work for the Project in accordance with the schedules approved by CITY with CONSTRUCTION CONTRACTOR. Upon review of phase Services, if corrections, modifications, alterations, or additions are required of CONSULTANT, these items shall be completed by CONSULTANT before that Phase is approved. 2018 Pavement Preservation Program Page 14 5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without written authorization from the Engineer. CITY may elect to discontinue CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any other provisions of this Agreement, if circumstance dictates, the Engineer may make adjustments to the scope of CONSULTANT'S obligations at any time to achieve the required design. 5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21 days from the occurrence of any event for which time for performance by CONSULTANT will be significantly extended under this provision, CONSULTANT shall give written notice thereof to CITY stating the reason for such extension and the actual or estimated time thereof. If CITY determines that CONSULTANT is responsible for the need for extended time, CITY shall have the right to make a Claim as provided in this Agreement. 5.5 Term of Agreement shall be as follows: 5.5.1 This Agreement shall become effective upon the date below and shall remain in effect until satisfactory completion of the Project unless terminated as provided for in this Agreement. ARTICLE 6: COORDINATION WITH CITY 6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her representatives to the end that the Project as developed shall have the full benefit of CITY'S experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist CONSULTANT in this coordination, CITY shall make available for CONSULTANT'S use in planning and designing the Project all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to CONSULTANT. However, any and all such information shall remain the property of CITY and shall be returned by CONSULTANT upon termination or completion of the Project or if instructed to do so by the Engineer. 6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed under this Agreement. The Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT'S services. 6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or otherwise become aware of any defect in CONSULTANT'S Services, in the work of CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing of CONSULTANT'S Services. 2018 Pavement Preservation Program Page 15 6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and permits assigned to CITY shall be obtained from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. CONSULTANT will provide CITY reasonable assistance in connection with such approvals and permits such as the furnishing of data compiled by CONSULTANT pursuant to other provisions of this Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this Agreement. ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS 7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings, reports or other documents as may be required to meet the needs of CITY which are within the Scope of Services, but after the approval of drawings, reports or other documents and specifications by CITY, any revisions, additions, or other modifications made at CITY'S request which involve extra services and expenses to CONSULTANT shall be at additional compensation to CONSULTANT for such additional Services and expenses in accordance with Article 3 herein. ARTICLE 8: OWNERSHIP OF DOCUMENTS 8.1 All previously owned documents, including the original drawings, estimates, specifications, and all other documents and data by CONSULTANT, will remain the property of CONSULTANT as instruments of service. However, CONSULTANT understands and agrees that CITY shall have free access to all such information with the right to make and retain copies of previously owned drawings, estimates, specifications and all other documents and data. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 8.2 All completed documents submitted by CONSULTANT for final approval or issuance of a permit shall bear the seal with signature and date adjacent thereto of a registered professional engineer licensed to practice in the State of Texas. 8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own exclusively any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to, or as a result of this Agreement and shall be used as CITY desires and documents, including the original drawings, estimates, specifications and all other documents and data shall be delivered to CITY at no additional cost to CITY upon request or termination or completion of this Agreement without restriction on future use. However, any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 2018 Pavement Preservation Program Page 16 8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in any materials provided to CONSULTANT. Such protection of proprietary rights by CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for publication of copyright mark reserving all rights to CITY. Additionally, any materials provided to CONSULTANT by CITY shall not be released to any third party without the written consent of CITY and shall be returned intact to CITY upon termination or completion of this Agreement or if instructed to do so by the Engineer. 8.5 CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. 8.6 CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications and other documents by other engineers, or other persons, subsequent to the completion of the Project. CONSULTANT shall appropriately mark all changes or modifications on all drawings, specifications and other documents by other engineers or other persons, including electronic copies, subsequent to the completion of the Project. 8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies (also known as hard copies) and .pdf- format electronic versions that are sealed and signed by CONSULTANT. Files in editable electronic media format of text, data, graphics, or other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of 2018 Pavement Preservation Program Page 17 delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the services or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 1.0 -day period commencing upon receipt of notice of termination, if such party has not cured any failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall . take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 1.20 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the 2018 Pavement Preservation Program Page 18 suspension. Termination (under this paragraph) shall become effective immediately upon receipt of said written notice by CITY. 9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination 9.4.1 Upon receipt of a notice of termination and prior to the effective date of termination, unless the notice otherwise directs or CONSULTANT immediately takes action to cure a failure to perform under the cure period set out in this Article. CONSULTANT shall immediately begin the phase -out and the discontinuance of all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within 30 days after receipt of such notice of termination (unless CONSULTANT has successfully cured a failure to perform) CONSULTANT shall submit a statement showing in detail the Services performed under this Agreement prior to the effective date of termination. CITY shall have the option to grant an extension to the time period for submittal of such statement. 9.4.2 Copies of all completed or partially completed specifications and all reproductions of all completed or partially completed designs, plans and attachments prepared under this Agreement prior to the effective date of termination shall be delivered to CITY, in the form requested by CITY as a precondition to final payment. These documents shall be subject to the restrictions and conditions set forth in Article IX above. 9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of the Compensation. 9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims for compensation for services performed under this Agreement by CONSULTANT. 9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may otherwise be entitled to for services performed under this Agreement. 9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension. 9.5.1 Upon receipt of written notice of suspension, which date shall also be the effective date of the suspension, CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase -out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly 2018 Pavement Preservation Program Page 19 suspend all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. 9.5.2 CONSULTANT shall prepare a statement showing in detail the Services performed under this Agreement prior to the effective date of suspension. 9.5.3 Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to CITY but shall be retained by CONSULTANT until such time as CONSULTANT may exercise the right to terminate. 9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after the effective suspension date, within 30 days after receipt by CITY of CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement and shall submit the above referenced statement showing in detail the services performed under this Agreement prior to the effective date of suspension. 9.5.5 Any documents prepared in association with this Agreement shall be delivered to CITY as a precondition to final payment. 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and /or documents. ARTICLE 10: CONSULTANT'S WARRANTY 1.0.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. 2018 Pavement Preservation Program Page 20 ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 1.2.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this contract. In no instance will CITY allow modification whereupon CITY may incur increased risk. 12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to CONSULTANT'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole expense, insurance coverage written on an occurrence or claims made basis, as appropriate, by companies authorized and approved to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types and for an amount not less than the amount listed: 2018 Pavement Preservation Program Page 21 INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Statutory ' 111 111 ' 111 111 ' 111 111 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Business Automobile Liability Combined Single Limit for Bodily Injury and a. Owned /Leased Vehicles property Damage of $1,000,000 per occurrence b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 1.2.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). CONSULTANT shall attempt to comply with any such requests, subject to the policy terms and conditions, and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change, in the event the respective insurance companies approve the requested change(s). CONSULTANT shall pay any costs incurred resulting from said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 2018 Pavement Preservation Program Page 22 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 1.2.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 1.2.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and /or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. 1.2.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 1.2.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 2018 Pavement Preservation Program Page 23 12. 10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 1.3.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work 2018 Pavement Preservation Program Page 24 drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 14: CLAIMS AND DISPUTES 14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of this Agreement's terms, payment of money, and extension of time or other relief with respect to the terms of this Agreement. The term "Claim" also includes other disputes and matters in question between OWNER and CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by written notice. Every Claim of CONSULTANT, whether for additional Compensation, additional time, or other relief, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim. 14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER must be initiated by written notice to CONSULTANT. 14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, CONSULTANT shall proceed diligently with performance of this Agreement and OWNER shall continue to make payments in accordance with this Agreement. 14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in the time for performance, written notice as provided in this Article 14 shall be given. CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards will apply both to claims by CONSULTANT and to claims by OWNER: 14.5.1 No consequential damages will be allowed. 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 1.4.5.3 No profit will be allowed on any damage claim. 2018 Pavement Preservation Program Page 25 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. 2018 Pavement Preservation Program Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 1.8.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. ARTICLE 19: STANDARD OF CARE 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstruction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 1.9.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior 2018 Pavement Preservation Program Page 27 negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22: VENUE 22.1 The obligations of the parties to this Agreement shall be performable in the City of Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. ARTICLE 23: NOTICES 23.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five calendar days of mailing. Notices provided via email shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY, to: If intended for CONSULTANT, to City of Schertz Engineering Department 10 Commercial Place Schertz, Texas 78154 The address listed on the first page of this Agreement. 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. 2018 Pavement Preservation Program Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 2018 (the "Effective Date ") CITY OF SCHERTZ CONSULTANT Consultant Name 2018 Pavement Preservation Program Page 29 ATTACHMENT I PROJECT SCOPE OF SERVICES Consultant will provide civil engineering professional consulting services for the City for design, bid and construction services for the projects associated with the 2018 Pavement Preservation Program. Task 1 — Project Anal. sis ,COMPLETED) • Attend project scoping meeting on December 5, 2017 . • Complete project review "windshield study" to evaluate proposed rehabilitation method. Document findings • Prepare recommendation memorandum and overall cost table • Attend review meeting with Schertz staff to discuss CONSULTANT's recommendations (January 25, 2018) • Review meeting notes and provide comments and additional recommendations Deliverable: Recommendation memo, overall cost table and review of meeting notes Task 2 — General Items Associated with 70% /100% Design • Project Management • Sub coordination with Survey /Geotech. • Geotechnical Engineering — sampling and report • Prepare overall title sheet, index of sheets, general & location specific construction notes, construction phasing & sequence of work (narrative), overall SW3P narrative, special details, list of governing specifications, special provisions & special specifications associated with 70% design submittal • Attend interim design concept meeting • Identify relevant construction standards • Prepare cost estimate for 70% design submittal • Prepare & submit 70% design submittal as one (1) package (5 sets with CD) • Attend 70% design review meeting • Prepare and distribute 70% design review meeting minutes • Produce 100% plans, specs and cost estimate • Prepare and submit final design submittal as one (1) package (5 sets with CD) • Prepare construction schedule Deliverable: 70% design submittal with cost estimate, 100% design submittal with cost estimate, construction schedule 2018 Pavement Preservation Program Page 30 Task 3 — Northcliffe Subdivision Mill 70% Design • Survey • Field exploration to identify mill - overlay limits, base repair, flatwork replacement to include ADA wheelchair ramp upgrades, etc. • Prepare Northcliffe cover /layout sheet • Prepare quantity summary sheet • Quantities • QA /QC 100% Design • Update 70% design tasks • QA /QC • TDLR registration, plan review and inspection. CONSULTANT plans to combine all ADA improvements into three (3) inspections. Deliverable: 70% /1.00% submittal Task 4 — Greenfield Subdivision Chip -Seal 70% Design • Field exploration to identify chip seal limits, base repair, and additional crack seal • Prepare Greenfield cover /layout sheet • Prepare quantity summary sheet • Quantities • QA /QC 100% Design • Update 70% design tasks • QA /QC Drainage Analysis — Webster at Robert Stevens • Gather relevant base map, as- builts and design data • Analyze upstream hydrology contributing to existing channel • Create storm drainage model using Bentley StormCAD: Design storm event will be 25- year, with check runs at 2 -, 5 -, & 10 -year events • Provide draft technical memorandum summarizing methodology, results and recommendations • Provide draft cost estimate • Revise technical memorandum for final submission. • Revise cost estimate for final submission Deliverable: 70% /100% submittal. Technical memorandum and cost estimate for final recommendation for drainage analysis (design not included). 2018 Pavement Preservation Program Page 31 Task 5 — Randolph - Curtiss Chip -Seal 70% Design • Field exploration to identify chip seal limits, base repair, and additional crack seal • Prepare Randolph /Curtiss cover /layout sheet • Prepare quantity summary sheet • Prepare proposed typical section to identify striping configuration (Randolph) • Quantities • QA /QC 100% Design • Update 70% design tasks • QA /QC Deliverable: 70% /1.00% submittal Task 6 — Schertz Pkwy. Mill- Overlay 70% Design • Field exploration to identify base repair, flatwork -ADA ramp replacement, striping, signage, surface utility adjustments • Review & coordinate striping adjustments and alternative crosswalk striping • Prepare quantity summary sheet • Prepare Schertz Pkwy cover sheet • Prepare general sheets to include flatwork -ADA wheelchair ramp replacement, general . striping changes, mill - overlay limits • Prepare plan sheets for revised crosswalk striping (Assume 4 intersections) • Identify outdated signage and prepare list of replacements (to be excluded from construction drawings and provided to Schertz separate of the final submittal. In house services to replace necessary signs after construction contract completion) • Quantities • QA /QC 100% Design • Update all 70% design items • QA /QC Deliverable: 70% /1.00% construction drawings, signage replacement report Task 7 — Randolph Ave. Reconstruction 70% Design • Topographic survey • Meet with surveyor in field to confirm limits • Review survey 2018 Pavement Preservation Program Page 32 • Coordinate with impacted utilities for design conflicts • Prepare project layout, horizontal & vertical control sheet • Prepare existing /proposed typical section (1 plan sheet total) • Prepare quantity summary sheet • Prepare horizontal & vertical alignment • Prepare flatwork improvements • Prepare striping improvements • Prepare plan & profile sheets (2 sheets) • Prepare intersection layout — Randolph & Main • Prepare intersection layout — Randolph & Exchange • Develop street cross sections (50' sections) (Est. 7 sections) • Prepare TCP detour layout (1 sheet) (assumes road closure to thru traffic) • Quantities • QA /QC 100% Design • Update all 70% design items • QA /QC Deliverable: 70 %/100% submittal Task 8 — Lindbergh Ave. Reconstruction 70% Design • Topographic survey • Meet with surveyor in field to confirm limits • Review survey • Coordinate with impacted utilities for design conflicts • Analyze existing footprint and prepare alternative layout (building proximity) • Prepare project layout, horizontal & vertical control sheet • Prepare existing /proposed typical section (1 plan sheet total) • Prepare quantity summary sheet • Develop horizontal & vertical alignment • Develop flatwork improvements • Develop striping improvements • Prepare plan & profile sheets (2 sheets) (includes striping) • Prepare intersection layout — Lindbergh & Main • Prepare intersection layout — Lindbergh & Exchange • Develop street cross sections (50' sections) (Est. 7 sections) • Prepare TCP detour layout (1 sheet) (assumes road closure to thru traffic) • Quantities • QA /QC • TxDOT coordination (2 meetings) 2018 Pavement Preservation Program Page 33 100% Design • Update all 70% design items • QA /QC • Attend final TxDOT design review meeting • Prepare TxDOT ROW permit * ** Deliverable: 70% /100% submittal ** *Reference Attachment 4 - Additional Services Task 9 — Tri - County Reconstruction 70% Design • Topographic survey • Meet with surveyor in field to confirm limits • Review survey • Coordinate with impacted utilities for design conflicts • Prepare project layout, horizontal & vertical control sheet • Prepare existing /proposed typical section (1 plan sheet total) • Prepare quantity summary sheet • Develop horizontal & vertical alignment • Develop flatwork improvements • Develop striping improvements • Prepare plan & profile sheets (3 sheets) (includes striping) • Prepare intersection layout — Tri- County Pkwy & IH -35 Frontage Road • Prepare intersection layout — Tri- County Pkwy & Corridor Pkwy • Develop street cross sections (50' sections) (Est. 17 sections) • Prepare TCP detour layout (3 sheets) (assumes road closure to thru traffic) • Quantities • QA /QC • TxDOT coordination (2 meetings) 100% Design • Update all 70% design items • QA /QC • Attend final TxDOT design review meeting • Prepare TxDOT ROW permit * ** Deliverable: 70% /100% submittal ** *Reference Attachment 4 - Additional Services 2018 Pavement Preservation Program Page 34 Task 10 —Bid Phase • Prepare RFCSP contract booklet to include: • Summary of work • Invitation for competitive sealed proposals form • RFCSP information form • Price proposal form — break out schedule of values by task • Standard agreement between City and Contractor to include project specific information • QA /QC • Prepare pre -bid meeting agenda • Attend and assist with pre -bid meeting • Provide responses to Contractor questions • Prepare and distribute addendum (1 addendum) • Attend bid opening • Bid review & tabulation • Prepare letter of recommendation Task 11 — Construction Phase • Attend pre - construction meeting • Review material submittals & shop drawings • Respond to Contractor RFI • Review /negotiate change orders • Construction progress meetings & preparation/distribution of meeting minutes (2 progress meetings per month) (Odd weeks) • Project site visits & reporting (Even weeks) (l visit per week) • Monthly pay application review • Attend overall final walkthrough (includes all projects) (Substantial Completion) • Develop and distribute final punch list • Punch list verification (Final Completion) • TDLR coordination for registration/forms • Attend TDLR inspection walks as Schertz Owner Designated Agent • Coordinate TDLR violations and verify corrections • TDLR project closeout — provide final documentation to Schertz 2018 Pavement Preservation Program Page 35 ATTACHMENT 2 PROJECT PHASES COST / TIMELINE / INVOICING Project Phase Estimated Cost Time in Calendar Days Survey (Sub) $18,725-00 84 Geotech (Sub) $34,918.00 84 TDLR (Sub) $8,700.00 21 Preliminary Project Analysis $8,420-00 30 (Task Cor,'iipleted) Greenfield Drainage Analysis (Webster at Robert Stevens) $5,005-00 21 701111b Design $'167,645.00 120 100% Design $49,000-00 45 Bid Phase $91215-00 45 Construction Phase Including Closeout (wl travel expenses) $49,145-00 270 (Construction Duration Estimated at 9 Months) Reimbursable Expenses (Plan Reproduction & Site Visits) $4,400-00 N/A Total Fee $3555173.00 The rates proposed for this project, as outlined in the master agreement, are as noted: Principal/QAQC Manager - $220.00 Senior Project Manager - $190.00 Project Engineer - $130.00 Engineer (EIT) III - $125.00 Engineer (EIT) 11 - $95.00 Construction Field Representative - $95.00 CARD Designer 11 - $85.00 Administrative - $65.00 Survey — See above Geotechnical Engineering — See above TDLR — See above 2018 Pavement Preservation Program Page 36 Invoicing CONSULTANT will invoice City as follows: Survey Services • Submit invoice upon review and completion of survey Geotechnical Engineering Services • Submit invoice after completion of field work • Submit final Geotech invoice after approval of overall Geotechnical report TDLR Services • Submit 1 invoice after project registration and plan reviews have been completed • Submit final invoice after TDLR inspections are held and violation/no violation reports are distributed Task #1 Project Analysis • Task Completed. Submit invoice upon contract approval and work authorization 70% Design (Includes Tasks #2 - #9) • Submit 1 design invoice per month • Submit final 70% design invoice after 70% design submittal approved 1.00% Design submittal • Submit 1 design invoice per month. • Submit final 100% design invoice after 1.00% design submittal approved Bid Phase Services • Submit 1 invoice after completion of bid phase and award recommendation letter has been approved Construction Phase Services • Submit 1 invoice per month of Construction o CONSULTANT to provide monthly reports with invoice • Submit final invoice after final completion by Contractor 2018 Pavement Preservation Program Page 37 ATTACHMENT 3 EXPLANATION OF PROJECT FEES Task Task Description Fee, Construction Cost I Project Analysis $ 8,420.00 2 General Itenis 76,71100 3 Nofthcliffe M-0 $ 50,435,00 636.40G.00 4 (23 Teen field Chip-Seal $ 15,800.00 5 G, 0 .0 0'. D D 5 Randalph-Cuts Chip-Seal $ 8,870.00 28,500-00 6 Srhartz Pkwy M-0 $ 35,130,00 S 800,000.00 '7 Rat-ulolph Recoii $ 27,r; -40. 0 G $ 151 -6.000.00 Lindbe.,rgh Recon $ 30, 8 71C). 0 0 $ 21G.00G-D0 9 Tri-Cowity Pkwy Recon $ 42,885M S 525.000-00 10 Bid Phase $ 9,215M 11 Constructbn Phase $ 49,145M - -- T TALI $ 5,1 .0 S 2,405,900.00 2018 Pavement Preservation Program Page 38 2018 Pavement Preservation Program Page 39 AffetyJ Project Scoping Meellng Decernbwer 5, 2017 22 'Z6 PToposed PMect Review 'Wndshieid StWy" & Documentaton 75 Prepare Rough Esthiate p&T PMect Gfoup LAN Project No- 120-11814--�-XXX Project Name- Cityof Schertz - 2018 Pavement Preservation Program - Z .9 "G 2 Task 91 - Pr jest Analysis - TASK COMPLETED 4! '0 co P'2 Itu J.- 0 rr 2018 Pavement Preservation Program Page 39 AffetyJ Project Scoping Meellng Decernbwer 5, 2017 PToposed PMect Review 'Wndshieid StWy" & Documentaton Prepare Rough Esthiate p&T PMect Gfoup PTE�pare Recommendaflon Menio and Ovecall Cost Table Attend Pr%ect Review Meefing to DIscuss LAN Analysis (Januafy 25, 2018) R&,Oew kleetinq Notes and ProVide ComnientslAdditional Recommendabons 2018 Pavement Preservation Program Page 39 Frint !-,,,s 70,%,'1 DID% Design s Sets Each i-E-stimaze, 275tpages �Flan Reproduction 3 2, OG. &,,It per Setj Site Mee'.ings 'or Field W�xk, Survey, Utility CocnrdmatA,�n, kldeag,a jField Work .1 Coordinaticn,DEss :sgn MeetingsM 3 5 TxDC17, Design Review k1 lea ge kBid Fhase, $ 510 s73 Estirnate, 2 Trips klfleag,e iiConstruction Phase Serocssj $ 1,400 O,0 I I I I I I I I SUBTOTAL -REIMBURSABLE EXPENSES 01, $ 4,400,O,0 9 G. 0 ILA K Servies $ 31 ,7 ff,013 00 1 a Sub Caafdinatjon 4.3.. 3 5,KG. DO 1:C 9 E 24 0 L 0werih Title Sheet, 11 3 1 . 0, i' C'. &,,It 1 2 2 8 0 1 c Index o-, Sheets 13 S 1, 2 =G. DO 1 2 1L 001 d General .1 Location Specific N�res 24 3 2.622 GGr 4 a 9 LANProject No. 120-918l6-,,,,XX IT M 001 c Frepare Const-uction Phasing & Sequ em,—_ of WcA iNotes and Narfauve= Lu 3 , 0G.1010 2 a 4. 8 Project Name: Cotyof Schertz - 2018 Pavement Preservation Program - 01.;` Frcpars Oecrall S613F Narrati•e 22 5 2, r K,, DO 2 9 12 33g... Task #2 - General Items tt $ 3 3 102 01h Interify, Design Convept Rleeling Minutes 4 S 47f, A30 1 3 jqCj3U, $ 130ao _,5.0n S $ _s, 0, 0 Frint !-,,,s 70,%,'1 DID% Design s Sets Each i-E-stimaze, 275tpages �Flan Reproduction 3 2, OG. &,,It per Setj Site Mee'.ings 'or Field W�xk, Survey, Utility CocnrdmatA,�n, kldeag,a jField Work .1 Coordinaticn,DEss :sgn MeetingsM 3 5 TxDC17, Design Review k1 lea ge kBid Fhase, $ 510 s73 Estirnate, 2 Trips klfleag,e iiConstruction Phase Serocssj $ 1,400 O,0 I I I I I I I I SUBTOTAL -REIMBURSABLE EXPENSES 01, $ 4,400,O,0 9 G. 0 ILA K Servies $ 31 ,7 ff,013 00 1 a Sub Caafdinatjon 4.3.. 3 5,KG. DO 1:C 9 E 24 0 L 0werih Title Sheet, 11 3 1 . 0, i' C'. &,,It 1 2 2 8 0 1 c Index o-, Sheets 13 S 1, 2 =G. DO 1 2 1L 001 d General .1 Location Specific N�res 24 3 2.622 GGr 4 a 9 12 4 001 c Frepare Const-uction Phasing & Sequ em,—_ of WcA iNotes and Narfauve= is 3 , 0G.1010 2 a 8 01.;` Frcpars Oecrall S613F Narrati•e 22 5 2, r K,, DO 2 9 12 33g... Interim, Design Conrpp, Meefing tt $ 3 3 102 01h Interify, Design Convept Rleeling Minutes 4 S 47f, A30 1 3 G I Design 'Review Meeting 5 5 s5f.on 3 3 C, li lDcsign Rewicw Me -frog I'dinutes T, 3 57&.&D 1 4 4 1 C2 - Other Flans 02a F repare Cost Estim •ite is 3 2,45D. DO 2 32b ld�,ntfy Relewart Consn-u&ion Standards IC', $ 1, l4l],, O,0 2 9 'i 2c F re pare Special 2, c-taOs is 3 2. D 4 G. DO 2 4 12 32 d L=s=, J Governing SpesVicatons 7 S KIDAH 1 2 4 G2 ;e Special Provlsians 7 3 &K.&D 1 2 4 02!r. Is',eci.1 7 1 3 e 3 AH I 1 1 2 1 4 1 022 Frepara, & SubrnitDesign Subrninal Package ,1 Flaokape) 15 Sets with Cc,, 14 1 S 1,401DAH 1 2 1 1 R 1 4 Frint !-,,,s 70,%,'1 DID% Design s Sets Each i-E-stimaze, 275tpages �Flan Reproduction 3 2, OG. &,,It per Setj Site Mee'.ings 'or Field W�xk, Survey, Utility CocnrdmatA,�n, kldeag,a jField Work .1 Coordinaticn,DEss :sgn MeetingsM 3 5 TxDC17, Design Review k1 lea ge kBid Fhase, $ 510 s73 Estirnate, 2 Trips klfleag,e iiConstruction Phase Serocssj $ 1,400 O,0 I I I I I I I I SUBTOTAL -REIMBURSABLE EXPENSES 01, $ 4,400,O,0 9 G. 0 ILA K Servies $ 31 ,7 ff,013 01 a, Update, Front End Sheets & SW3F Narratwe 19 5 1 , (D 5 0, DID 1 2 E utb upcia&s GencFaE & Locadon Sp-ci-ic l4otes, 9 3 1 2 C 31,c Update Construrbon Phasing: & Squen- �,f'Worv, J4,ts, and Narrxtrve 9 $ 1 2 Old Frcpars & Submit Final Des:gn Submi-.sl Flakagc 11, Fackagc) . 5 S ',s wk�-, CD) 14 $ 1 A 0 1 O,,D 0 2 9 4 f2l e Deliver 1,C,10,,% Plans and Specftafions S 12G" GC 2 01' Prepare Constu�tion S,:hcclule zo 5 2.S40,CNO 4 102 Ctther Plans Fi nal ze Cost E-Estim ie 10, 3 1,426 DO 2 Finalize Construotiran Standards- Governing Specifications, Speoial Pro, isions S peific-a"i'ar's 14, $ an 1 4 8 Frint !-,,,s 70,%,'1 DID% Design s Sets Each i-E-stimaze, 275tpages �Flan Reproduction 3 2, OG. &,,It per Setj Site Mee'.ings 'or Field W�xk, Survey, Utility CocnrdmatA,�n, kldeag,a jField Work .1 Coordinaticn,DEss :sgn MeetingsM 3 5 TxDC17, Design Review k1 lea ge kBid Fhase, $ 510 s73 Estirnate, 2 Trips klfleag,e iiConstruction Phase Serocssj $ 1,400 O,0 I I I I I I I I SUBTOTAL -REIMBURSABLE EXPENSES 01, $ 4,400,O,0 9 G. 0 ILA K Servies $ 31 ,7 ff,013 2018 Pavement Preservation Program Page 41 LANProject No. 120-11816-,,,,XX LU Pfoject Nqn,,e: Cfty 4)f Sohertz - 2GIB Pavement Preservation PrograM - Task t2 - General Items 3 12�0.30 u5 co S 3 nia $ s,Ls Sub 3arvic,:s - Survey (Sh-e and sura-eyng) CSee Irdwidual prcjr,St) Sub Servic,:s - Gecatschni a� Enginzering .Rabb Kistnar) 34,�a R , 0,0 Sub ZerviccE - TDLF Fllan Ra:view & Inspection ('01V CDnsulting� (See Individual Froi-ect) 3 Total Task #2 Fee. S 76,713.UO 2018 Pavement Preservation Program Page 41 2018 Pavement Preservation Program Page 42 MSub Serv&-s - Swwy - Morthcm Heights Pberwood Surveyft) M M LAN PT 'ectNo. 12G-1f,8IF,-XYK Maiantly Takeaff (Rcadway & Ratvio�,*) M-Sub Services - TDLR: Flan, Review & inspectic)n (WIJ Consulting) (3 lnspecfions� Project Name: City of Schertz - 20,18 Pavement Preservation Program - R P TaSkr #3 - NDrmcfiffe Mill-Over fay Sohemati• Design Task #3, Fee'. A i $ 220-DO S 190.00 1SO-OG 95.90 2018 Pavement Preservation Program Page 42 MSub Serv&-s - Swwy - Morthcm Heights Pberwood Surveyft) M M Maiantly Takeaff (Rcadway & Ratvio�,*) M-Sub Services - TDLR: Flan, Review & inspectic)n (WIJ Consulting) (3 lnspecfions� 2018 Pavement Preservation Program Page 42 MSub Serv&-s - Swwy - Morthcm Heights Pberwood Surveyft) M M M-Sub Ser&.e-,s - Survey - Meadowhead (Sherwood SwrveyinM M-Sub Services - TDLR: Flan, Review & inspectic)n (WIJ Consulting) (3 lnspecfions� M =Total Task #3, Fee'. 2018 Pavement Preservation Program Page 42 I jTutaE Tmk. #4 Fee: $ 15,800.00 2018 Pavement Preservation Program Page 43 LAN P r q j e , 4 No, 12LL t a t 6,,XXX Projed Name: City of rherkz -21319 FlaveTrwnt Preservabon Program - Task #4 -,Greenfie4d Chip-Seat 0 M Z5 229.,3U 1 MOU 1-293.00, 5, 125• 5, 95,90 DO I jTutaE Tmk. #4 Fee: $ 15,800.00 2018 Pavement Preservation Program Page 43 MW I jTutaE Tmk. #4 Fee: $ 15,800.00 2018 Pavement Preservation Program Page 43 I TOTAL 1 79 Is 8,070.00 1 5 1 9 1 7 1 a8 1 8 1 30 1 2 1 2018 Pavement Preservation Program Page 44 LAN Froje,--t No 12r,,,-1 18 16-XXX Frciect Name: CM of Sdtverlz - 2018 Pavement Preservation Program - Ta,sk #5 - Randol ph-Curnss Chip-Seal Schemaft Design =F� Explcratw, to Ide" Base reW,, , PundirV AFeas, Etc., =Frepaoe RanddphlCurtss CoweqlLaycut Sheet I TOTAL 1 79 Is 8,070.00 1 5 1 9 1 7 1 a8 1 8 1 30 1 2 1 2018 Pavement Preservation Program Page 44 WF�eid Expioration m ldentt� Base Repair, RatAoA-ADA RarrT Replazarrlen�, thpog, S�gnagL, Eto. MUpd,heQ.."S.m.rySh..t Update Gensval Sbeet5 ldeatly�ng ADA Ramps, Genefal Strp,hg Changes, Mg- LAN FnZj&c1 No. 12G-1 Pepm, Schertz Pky Ce, Shsat 21 1 I'miset Name: Cityaf Schaitz - 2018 Paysmerrt Fraservation Program - PTask '6 Prepare, GeTeral Sheets kdsntifying ADA Ramps, Gemeral SWfong Chwges, Mill- Owsday Linafts (ScaW I - � IDD') (Esl- 4 Shcets) #65 - Schertz Pkwy Mill & Overlay MFW 2 20 DID S 190.710 S 13G Ou -&,4n Shop WF�eid Expioration m ldentt� Base Repair, RatAoA-ADA RarrT Replazarrlen�, thpog, S�gnagL, Eto. MUpd,heQ.."S.m.rySh..t Update Gensval Sbeet5 ldeatly�ng ADA Ramps, Genefal Strp,hg Changes, Mg- Pepm, Schertz Pky Ce, Shsat Prepare, GeTeral Sheets kdsntifying ADA Ramps, Gemeral SWfong Chwges, Mill- Owsday Linafts (ScaW I - � IDD') (Esl- 4 Shcets) MFW Mlden Ou -&,4n Shop �Updwp Schertz Pkvq M-0 CowLrSheek MUpd,heQ.."S.m.rySh..t Update Gensval Sbeet5 ldeatly�ng ADA Ramps, Genefal Strp,hg Changes, Mg- ITOTAL 1 313 is 33.630.301 5 1 w I al 1 100 1 16 1 t[B I fj I I:AN Se vices I$ 33,63} pp I I Stab' rviz-s - TDLR Plan Review & la Iron (WV Consuffingl 41 Inspeettml S 1 "'Cam Total Task #6 Fee: 35,ISD-00 2018 Pavement Preservation Program Page 45 12a LAN Project No. 120-1181 &XXX Project Nim City of Schertz -2019 Pavernant Preservation Program - Task #7 - Randolph Ave, Reconstruction - Main to Exichange (360 LF) 1 $ 2H.021 '1 Z < Q 12b Update Existing'Propasc-d Typical Section (I EA) (I Sheen 3 $ 30 261 229.Ofa 19 GO S 1308 G 95.00 8,5,00 32c Update Quardity Summary Sheet 3 $ 2611.00 1 2 02d .............. ............................................................................. I $ 1 39.1GO ........ ...... I 11 a Meet Mh SLroeyor in Fimodb Corfurn Limitc (Ii clud-es Lindbergh ! 3 $ HEM 1 2 Olb FeMevw Survev 3 $ 322i.L10 1 2 8_ Dlr Update lntefs&cflon Layout - Faandalph @ Wlzain III $ 1, 130.0n 1 2 1 8 Old Prepare Project Layow', Huizorkal,& Venical Cai*cd Street 4 $ 5181100 1 1 4 Ole Update Street Cross -Sections (5,ZFSei::Uorz,r tEst, 7 Sections) 14 $ 1,3150.C1 1 1 4 8 ,31f Prepare Quantity Sw-nrnary Sheret 7 $ &4O.CKI 1 2 Olg C-evelop Hortontal Alignment 21.5 $ 4:15: 1 0:5 1 1 Dl h D—;elop Afignmend 7 $ 821D.1D1 2 1 2 4 Oli Develop Fbtmari. lmprovernents 6 $ 7M.0-1 1 1 4 1111 C-velop Stliping h1woverne-r-As 6 $ 7 C0. DO 1 1 4 Dlk Plan and Prcflle SVev, 3;2 She--ts) (Inckide:. Striping 32 $ 3103.00 1 21 2 2 8 20 011 hiterztecfion Layva - Rand.-,iph @ Main 12 $ 1, 1 KIM 1 1 2 8 Ulm lltefsesdrjn La: ujt - Rand ph @ ExLhinge 14 $ 1 ,38030 1 1 4 8 Dln DeevelnpStfeet Cross Sections (50'Sec§ansi (Est. 7 Secfiors) 14 $ 1 425M 1 2 4 7 11 PrapareTCP Detour La) ,cu (TCP Assumes Road Clos,ed to Thru Traffic! (I sheet "l 23 $ 2, '152 Dn 1 1 4 15 01 QL]antt��, Takioff 7 $ 830,00 1 2 4 Old QAIC c 6 $ 1,230.110 3 3 12a Updote Prqect Lzq otk Hxizontil & Veftxa9 Controll Sheet 1 $ 2H.021 '1 2 12b Update Existing'Propasc-d Typical Section (I EA) (I Sheen 3 $ 30 261 1 2 32c Update Quardity Summary Sheet 3 $ 2611.00 1 2 02d %fpAicalAkrment Adju5tment I $ 1 39.1GO I 02e Update, Flatwork Imprgvements 3 $ 321E s11 1 2 D'21f Update Plan and Profile Sheet Q She--ts) 11 $ 1 OMM 1 2 8_ 02g Update lntefs&cflon Layout - Faandalph @ Wlzain Fl. 5 $ 539.111 0.5 1 4 D2h Updat, Rancbiph @ E,,&tange 5,11 $ 530.00 1 0. 1 4 02i Update Street Cross -Sections (5,ZFSei::Uorz,r tEst, 7 Sections) 7 $ 720.1 1 2 4 02 Update TCP Detour La gout ATCPAssun)es Road Cl osed to Thru Triffc,, i1 Sheet) 1 $ 300.101 1 2 321k R—wise Quandt�s 3.5 $ 415.00 0 5 1 2 021 QAQQC 4 $ 82L.00 2 2 ITOTAL 22 5 1 3 23.990.2 Q 1 5 1 21 1 11 1 59 1 ILAN Seardces $ 2-i,9CGLDUI I Sub Serw ices - Sui-vey (Shenwod Swve3ing a $ 2.503.5 Q Sub Servicevs - TDLF1 Plan Review & Mspection =(, ®V r" Corrsufting) ( 1 lnspecti,n $ 1,20CM- Total Task #7 Fee- $ 27,69,0.00 2018 Pavement Preservation Program Page 46 Ola F,&�Jew&rvey 3 $ 3201.12cl 71 1 2 2 Olb Anatrze Existing FcotpFint and Preparie, Aft-emave LayoLA 18 A 2 8 8 DIc Design Utility Coofdhition 11 L.?,',N Proje4t No. 120-1181 6-XXX 1 1 8 n d Prepare Project LayotO, Honmila8 & ,`'ertcial Controt She-et 4 $ 555 .00 Project Name: City of Sch ertz - 2019 Pavement Preservation Program - 1 3 Ole Prepare Secfion(l E-L�)fl Sheetp 14 $ 1 383.>D3 Task #8 - Undber—Uh Ave. Reconstruction - Main to Exichange (375 LF) 1 4 8 C�If Prf,p-ve Quantkw Suniniars Sheet 7 $ 64S.33 1 2 8 220.0u 190.00 S 13010 95.Du 85.00 1 2 4 ,Dlh C,evelop ',,ILMcaI Ahgnmerlt 7 $ 83rC,.>0A3 1 2 4 4 Olt D velop FkatAork Impropoemento 6 $ 7CC.00 1 1 4 4 ........................... .............................................................. .. C-velop Striptng inipro%emervts 6 $ 70D .U43 1 ..... . . . .. . . . 4 2 Ola F,&�Jew&rvey 3 $ 3201.12cl 1 2 2 Olb Anatrze Existing FcotpFint and Preparie, Aft-emave LayoLA 18 $ 1,8211.co 2 8 8 DIc Design Utility Coofdhition 11 $ 1:935 D3 1 1 8 n d Prepare Project LayotO, Honmila8 & ,`'ertcial Controt She-et 4 $ 555 .00 1 3 Ole Prepare Secfion(l E-L�)fl Sheetp 14 $ 1 383.>D3 1 1 4 8 C�If Prf,p-ve Quantkw Suniniars Sheet 7 $ 64S.33 1 2 8 Olg D rebp HufLzontat 4gimic-i-A 3.5 $ 415 CC 0.5 1 2 4 ,Dlh C,evelop ',,ILMcaI Ahgnmerlt 7 $ 83rC,.>0A3 1 2 4 4 Olt D velop FkatAork Impropoemento 6 $ 7CC.00 1 1 4 4 DIj C-velop Striptng inipro%emervts 6 $ 70D .U43 1 1 4 2 Ulf Plan and Profile, Sheet (2 She--t-,v Gricludes Striong) 32 $ 3 1 YD. 33 2 7 8 20 011 tr tersec #icwri Lay= - Lfidbergli @ 12 $ 1, 1K, . CC 1 1 2 8 DIm tnterstction Lapaut - Lindbergh @ Exchange 14 $ 1,33G UM 1 1 4 8 G1 D 'velop Street Cross Sertcym s50' Sertrns'l ?,E S t . « Se 7 , C t r I to Z� 14 $ 1425.30 1 2 4 7 Olo Pre pare TCP Ceetour Layaut (TCP Assun-ves Road Closs'-d to Thru Traffic I (I Sheet! 23 $ 2 1910. U43 1 4 15 Olp Quaftty Tak ff 7 $ 82ID.33 1 2 4 Olq QAIQC 6 $ 1,'230 CC 3 3 67 117 C,,lr TxDOT Coordpadui Q Mee.tirrn) 4 S 7&D.33 4 02a Update Project Layout E rwiz ntal & Vertical Cot-did Sheet 3 $ 2.15 DO 1 2 020 Update Emsbng�Proposed Typical 'Section i'1 E: 4r (I 'Sheet) 3 $ 26S.,00 1 2 52i Update Quantity Summary Sheet 3 $ 265 .,00 1 2 02d Vertical ,*grgment AdjLztmenl 1 $ 131IrI.fCl I 02e Update FlatvorR, Impravements 3 $ 3213.00 1 2 2121 Update Plan and Praffle Sheet i2 Sheets) Ondudes Suiping) 11 $ 1,005 .C3 1 2 8 02g Update int-ersection LayoLR - Randolph @ blain 5.5 $ 53rC,.,0AJ G.5, 1 4 52h Update intersection Layaft - Randolph @ Exchange •.15 $ 5 K. STi 0.5 1 4 02i . ctonel Update Street C,.s Se0ors (S,." Sectjorisi fE&t_ 7 S e 7 $ 72C,.f0 1 2 4 02J Update TCP Demur Layout JCP Assumes Road Ciceed to 7wu Traffic) (1 Sheeti 3 $ 3O5 UG 1 2 92k Revise (:,uarTfitk-,s 3.5 $ 41520 0.5 1 2 021 Q.4°QC 4 $ 82c,"M 2 C-Im Atterd FiriaR TxDOT Me �-wg 2 $ 38c".30 2 02n Prepare TxDOT ROW Permit 5 $ 7 1 Z,.,Zcl 1 4 TOTAL 251 27 27Z',,.,Zcl 5 K 32 67 117 LAN Serwicep 27 27D.D3 Sub Servtcez - Survey (.Shperwood Surwtymg' $" 2,40ri. 20 Sub Semces - TDLR Plan RE'ofw & Inspection 11,NV Consulting) 1.1 Mspedtnn) $ 1.2C .UZ, TGtaI Task #8 Fee: $ 30,19T0.00 2018 Pavement Preservation Program Page 47 I G IQ I "LlCity coondiratiorn Fisd ms tin � t kle�ndr�, 1 4 1 5 57a.00 1 1 2 1 1 1 21 1 1 01'a I-AN P loject No. 120-'11318 K:nX Project Name: City of Schertz, - 2018 Pavement Preservation Program - Task #q - Th-County Pkwy Reconstrucfion - IH-35 Frontage Road to Corridor Pkwy 1850 LF) 3 A IL Z, 3 LU - i a- 8 p F Lu 8 'M P P LD cl Si} Jpdave Eisling!Fropvsed 7},pi<al Srj—_tQn fj E4, 3,5 S 350 0c 3 220.013 1 ^100 $ IKLO 3 125.104a S 95.00 15-00 0.2c 'Jpdata Qua mjv, Sur "Ma she-- 3 S 25f.00 1 2 D2 d 'Jertjcal AHgnnient Advusvrent 3 S 45D.00 1 2 Dla R-ooew Survey 4 3 4 "E 00, 1 2 3 Z, 0u` Jpdate 6 aerse tirar Layout - 7r6 -County, HH-35 Frontage Road 11 3 1,1HLO 1 2 21 Z, 01c J Ddate 6 aerse tirar La vout - 7r6 -r0 cunt y CoMdcr Pkwy a 3 1,15c.00 2 @ 21 4 0, 1d I,'- rµpzire Existihg,P,,aposed Typical Sc—bcm is EAj 1 Sheet:,. 14 IS I I 1 4 1 Z, 0 1 E- Prep ara Gua fty Surnmary Sheet 7 S 54G.00 el 01, DevE-Ivp Ho6zantal4,,fignmc-nt 5,T S SGT 5 0.5 a 4 &!,g Deweiop V42ts cal Alignment I I S c s0.00 1 2 S c4h Deweiop Stripin-g hrnpr�,,emerts el S 7DO.00 1 4 01i Flan and Frsf)-- Sheer 3 Sheets) (Includes Suiphg AS S 4, 15 f, D. SG 3 3 12 30 'jj I Intersecti,,n Layout - Tri-County IH-35 Fr-cmage Road 17 $ jC10.00, 1 1 2 5 I a Olk Intersecti,,n Layout - Tri-County Q Corridor Pkwy 14 3 380.00 1 1 -11 4 8 01i I Sec 0, ' StfetCross Si:,bons �59 SEbonsl ;Esc. 17 _ t 6S� 28 S. 2,,M55.00, 1 2 - 17 I G IQ I "LlCity coondiratiorn Fisd ms tin � t kle�ndr�, 1 4 1 5 57a.00 1 1 2 1 1 1 21 1 1 01'a jJpdave Prcj�-,Qt Layout, 8,arizcant.3i & VE-rtjca? Sc &r&, Shc--¢ 3 1 S 26T.00, 1 2 Si} Jpdave Eisling!Fropvsed 7},pi<al Srj—_tQn fj E4, 3,5 S 350 0c 0.5 1 2 0.2c 'Jpdata Qua mjv, Sur "Ma she-- 3 S 25f.00 1 2 D2 d 'Jertjcal AHgnnient Advusvrent 3 S 45D.00 1 2 02e Jpdate Plan and Ffoffle Sheet P,3 Sheets (halude, Striping) 15 S 5 €0.u0 1 2 4 Z, 0u` Jpdate 6 aerse tirar Layout - 7r6 -County, HH-35 Frontage Road 7 S 72a.00 1 21 4 022 J Ddate 6 aerse tirar La vout - 7r6 -r0 cunt y CoMdcr Pkwy 7 S 72a.00 1 21 4 I 32m I Flrecsr=_ T:KD,'-)T ROW Perrot I 5 1 5 7 CG Gr0 I 1 1 1 4 1 1 1 1 LAN Serwi,,�s S 28.10S5.00 .mute S-erocss - :Surrey !,Shervjoad S jrdeymg) 3 3.130c.00 Sub S-erocss - TDLR, Plan Review O. IIAPVConsuklrgi 1 rspect.JOW, 3 1.206 00 ToW Task #q Fee: $ 42,885.00 2018 Pavement Preservation Program Page 48 Ola Pre Summary of Work �2 $ 1570.00 .1 4 Olb Prepare Invitation for Cornpetiitive Sealed Proposals Form 2.5 $ 295.00 7 2 91c LAN Project No. 120-11816-XXX 5 $ 570.00 l 4 0 ld Prepare Price Proposal Fofm - Break OLIt Sch-edu'le of Values four Each Location 16 $ 1'900.00 2 '16 Ole Project Name- City of chertz - 2018 Pavement Preservation Program - 2-5 205.00 0.5 t3 01 f Task #10 - Bid Phase (Request for Competitive Sealed Proposals) 4'.5 475.00 Z5 12" M E Olg QA�'QC 3 57D.00 3 T.ffi 014 (RFCSP) 4 5 475.00 1 3 Ola Pre Summary of Work 5 $ 1570.00 .1 4 Olb Prepare Invitation for Cornpetiitive Sealed Proposals Form 2.5 $ 295.00 0.5 2 91c Prepare RFC3P Infomiation Form 5 $ 570.00 l 4 0 ld Prepare Price Proposal Fofm - Break OLIt Sch-edu'le of Values four Each Location 16 $ 1'900.00 2 '16 Ole Update Agreement between City and Contractor to include Project Specific fiTforniation 2-5 205.00 0.5 2 01 f Incorporate Ren-mining Contract Documents into Specification Book 4'.5 475.00 0.5 4 Olg QA�'QC 3 57D.00 3 014 Prepare Fire Bid Meeting Agenda 4 5 475.00 1 3 011 Attend Pre-Bid Meeting 4 $ 570.00 2 01j ProMe Responses to Contractor QUeStIGIIS 6 $ 76D.00 2 4 01 Prepare and D stribLfte Addendum (I Addendum, 7 5 760.00 1 6 011 Attend Bid Opening 2 $ 380.00 2 01m Bid Revievw & TabLdation 10 $ 1,140.00 2 a 0 1 n Prepare Letter of Recommendation 4 $ 475.00 1 3 (TOTAL 1 77-5 1 $ 9,215.00 1 19-5 1 58 1 ILAN Serwces I $ 9,215.00 1 1 Total Task #10 Fee: 9,215.00 2018 Pavement Preservation Program Page 49 01a Attend Pfe-Construction Meetrwg Ln 3 855.00 3 .3 01, b Review Material Submittals & Shop Drawings 34 S 4. 180,00 10 24 LL 01c LAN Pfojiqct No. 120- 1181 -� 3D S 10 2C Old Pro Fact Name: City of Schertz - 20118 Pavement Preservation Prograi n - 24 5 3.420.00 12 12 Ole Task #11 - Construction Rh •ase, (Estimate 9 Months of Construction) 7,2 �2 41 36 31f Project Site, "Visits & Repotling (,Ewe'n VVeeks) (1 per week I H, 11 1 -1, FK� 0. 0 0 $ lac.n-C) 5�-rr#—S 95.00 $ 615 . 00 01a Attend Pfe-Construction Meetrwg 15 3 855.00 3 .3 01, b Review Material Submittals & Shop Drawings 34 S 4. 180,00 10 24 01c Respond to CoRtractor R171's 3D S 10 2C Old RejewlNegodate. Change Orders 24 5 3.420.00 12 12 Ole Construction nagress Mpefings & Meeting Minutes (2 Nleetlngs per Month {3-dd ',Seeks) 7,2 5 1,a.260,00 3�3 36 31f Project Site, "Visits & Repotling (,Ewe'n VVeeks) (1 per week I H, 11 1 -1, FK� 0. 0 0 18 72 36 Olg Monthly Pay Appfisation Revieevw 24 3 2,,RSO.00 6 1 & 0 1, h Attend Overali Final VVagkthrough finclud-es All Projects! (,Substarydal Compiedam 32 4.5,630 00 16 16 01i Develop and Distribute Final Punch List 10% 5 90000 2 8 D1j Punch List Veyfficatbn (Final Completion) I R S 1,•r00-00 2 16 01k 7DLR (-oordination for Registratorv'Fornz 1;E q, 900.00 2 8 011 Attend 7DLR lnspec;,on'Naiks as Schertfs Owners DejsgnatedAgent 12 S 1.140.00 11 01 m, Coordinate 7DLFR. Virq rations ,rand "ienly Correcticns Ila 5 1.140,00 2 a OIn TDLR Project CloseoutProvide Final Documentat-on to Schertz, 1�40.00 2 4 TOTAL 414 5 4�J45.00 121 74 163 56 1-4N Services 3 4' SO. 145,00 Total Task #11 Fee: $ 49,145.00 2018 Pavement Preservation Program Page 50 ATTACHMENT 4 • 11 1 _ _ _ The following services shall be considered outside of the Basic Scope of Services: • Additional data collection beyond limits of initial survey • Additional bore /sampling locations by Geotech beyond scoped limits • Utility relocation design o CONSULTANT basic scope of services limited to surface adjustments • Utility Coordination for mill/overlay and chip -seal projects. Per meeting with Schertz staff, only surface adjustments are expected for these pavement rehab projects. Any coordination required will be completed by Schertz staff. • Drainage analysis or detailed drainage design — Outside of the drainage analysis identified in Task #4, additional analysis or detailed drainage design is excluded from the overall scope of work. • Subsurface Utility Engineering (SUE) • Detailed SW3P plan sheets. Per discussion with staff, CONSULTANT will provide an overall SW3P narrative and it will be the Contractor's responsibility to provide erosion control measures per narrative • Tree preservation and mitigation plan. Tree preservation will be handled with notes in the general construction notes sheets. • Detailed traffic control plans • For mill and overlay and chip -seal projects, it will be the Contractor's responsibility to provide a traffic control plan per location for review • Traffic control plans provided by CONSULTANT for Randolph, Lindbergh and Tri- County are limited to detour layouts as it is expected the streets will be closed to thru traffic • Detailed striping plans • Striping adjustments for Schertz Pkwy limited to crosswalks (4 locations) • Striping plans for Randolph, Lindbergh and Tri- County Pkwy to be provided by CONSULTANT • Driveway profiles • Traffic Impact Analysis • Traffic or Pedestrian signal design. • Detailed TxDOT Right -of -Way permit consisting of hydraulic modeling and detailed drainage analysis o CONSULTANT cannot determine the actual effort required until meeting with TxDOT, therefore completion of a detailed right -of -way permit shall be considered an additional service • Preparing multiple bid packages and bid phases o Through coordination with staff, projects will be let as one (1) complete design Package • Material Testing 2018 Pavement Preservation Program Page 51 • Inspection • Construction Staking — to be completed by Contractor • Construction phase services in addition to nine (9) months • Additional TDLR plan reviews, registrations and inspections than what is included • in the basic scope of services • Schertz Pkwy — Maske to Woodland Oaks Dr — Geotechnical report will provide final recommendations for this section of Schertz Pkwy. After completion of geotechnical. report, CONSULTANT will submit a supplemental service for the required effort of Schertz Pkwy. • Live Oak — Oak Valley to FM 3009 - Geotechnical report will provide final recommendations for Live Oak Rd. After completion of geotechnical report, CONSULTANT will submit a supplemental service for the required effort of Live Oak. Pursuant to the Master Service Agreement, additional services will be provided under a separate work order. CITY OF SCHERTZ CONSULTANT Consultant Name 2018 Pavement Preservation Program Page 52 II MIM .; Current Professional Service Agreements Contract Amount Amount Billed (as of 2/9/18) Amount Remaining (as of 2/9/18) Lower Seguin Road $ 71,640.00 $ 67,146.00 $ 4,494.00 Fire /EMS Oil -Water Separator $ 29,545.00 $ 1.6,655.00 $ 1.2,890.00 TABLE 2: (authorized under 18 -R -09 and proposed by 18 -R -43) Known Proposed Proiects >$50,000 Contract Amount Amount Billed (as of 2/9/18) Amount Remaining (as of 2/9/18) Drainage Maintenance Projects $ 127,645.50 N/A N/A Roadway Maintenance /Reconstruction (PCI) $ 355,173.00 N/A N/A TABLE 3: (Authorized under 18 -R -02, N.T.E. $75,000) Proposed Proiects <$50,000 each Contract Amount Amount Billed (as of 2/9/18) Amount Remaining (as of 2/9/18) Greenrid e Drainage Construction Document Preparation $ 12,495.00 Pending Proposal N/A Lazar Parkway ROW Drainage Study $ 7,500.00 Pending Proposal N/A Remaining Miscellaneous Tasks (each less than $50k) $ 55,005.00 To be used as necessary N/A As of 02 -09 -2018 Item 6 CITY COUNCIL MEMORANDUM City Council Meeting: April 10, 2018 Department: Economic Development Subject: Ace Mart Restaurant Supply Company — Payment of operations grant per the Performance Agreement BACKGROUND On August 24, 2017, the City of Schertz Economic Development Corporation (the "SEDC ") Board of Directors, held a public hearing and approved a Performance Agreement ( "Agreement ") with Ace Mart Restaurant Supply Company ( "Ace Mart") for choosing to locate its primary distribution facility at 9850 Doerr Lane (occupying approximately 215,000 square feet of space). On August 29, 2017, City Council authorized the Agreement and associated expenditures by Resolution No 17 -R -74. Under the Agreement, Ace Mart has the ability to qualify to receive an Operations Grant and six Annual Grants. The Operations Grant, worth $225,000, is earned by successfully executing their lease agreement by September 1, 2017 and receiving their certificate of occupancy and commencing operations by April 1, 2018. To receive the Annual Grants, Ace Mart must continue its operations at the Doerr Lane facility and create at least 40 full -time jobs with an annual payroll of $1,178,750, maintain $7,954,095 in taxable personal property, and generate at least $8 million in sales that are subject to local sales tax collection. Ace Mart has received their Certificate of Occupancy and is eligible for payment of their incentive grant. Staff will process the payment according to the Agreement. FISCAL IMPACT All incentives under the Agreement will be paid from SEDC Funds. The $225,000 Operations Grant will be paid from the Development Incentive line.