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08-07-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL August 7, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Davis) Employee Recognition • EMS, Benjamin Potts, Paramedic • Utility Billing, Luke Zertuche, Meter Tech I • Police, Jerry Perez, Code Enforcement Officer • Public Works, Chance Sears, Street Worker 1, Deon McAfee, Drainage Worker 1, Davian Herrera, Drainage Worker I • Inspections, Steven Roberts, Building Inspector Presentation • SchertzQ and 60t" Anniversary (S. Gonzalez/M. Spence/C. Michaels) 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 08-07-2018 Council Agenda This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Workshop /Discussion regarding amending and revising the Solicitation Ordinance. (D. Wait /M. Hansen) • Workshop /presentation by City Attorney regarding initial framework of social media for Councilmembers. (D. Santee) • Workshop /Discussion regarding City of Schertz UDC masonry wall requirements. (B. James /L. Wood /B. Cox) (Requested by Councilmember Larson and Councilmember Crawford) 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 July 24, 2018. (B. James /B. Dennis) 2. Ordinance No. 18 -M -25 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz for FY 2018 -1.9. Final Reading (B. James /J. Walters) 3. Resolution No. 18 -R -95 - Consideration and /or action approving a Resolution authorizing the acquisition of permanent and temporary easements and property necessary for the construction, operation, and maintenance of pipelines and appurtenances designed to convey wastewater in conjunction with the Woman Hollering Creek Wastewater Line and Lift Station project. (B. James /K. Woodlee) 4. Resolution No. 18 -R -96 - Consideration and /or action approving a Resolution authorizing approval by the City Council of the City of Schertz, Texas to enter into an 08 -07 -2018 City Council Agenda Page - 2 - Interlocal agreement between the City of Schertz and the Cities of Cibolo, Live Oak, Selma, Universal City and Bexar County, to form the Tri- County Fraud Task Force. (D. Wait /M. Hansen) 5. Resolution No. 18 -R -98 — Consideration and /or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Cobb, Fendley & Associates, Inc. (B. James /K. Woodlee) 6. Resolution No. 18 -R -99 — Consideration and/or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Ford Engineering, Inc. (B. James /K. Woodlee) 7. Resolution No. 18 -R -100 — Consideration and /or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Lockwood, Andrews & Newnam, Inc. (B. James /K. Woodlee) 8. Resolution No. 18 -R -101 — Consideration and /or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Pape- Dawson Engineers, Inc. (B. James /K. Woodlee) 9. Resolution No. 18 -R -102 — Consideration and /or action approving a Resolution approving and authorizing an agreement for a Right -of. -Way Dedication along Hubertus Road from Comal Independent School District and authorizing the acceptance of such Right -of. -Way Dedication by the City in accordance with the terms of the Dedication Agreement. (B. James /K. Woodlee) 10. Resolution No. 18 -R -104 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an agreement for the purchase of one (1) Fire Apparatus and Associated Equipment. (D. Wait/K. Long) 11. Ordinance No. 18 -S -24 — Consideration and /or action approving an Ordinance approving an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC) amending subsections in Articles 9 and 16 to amend certain site standards for public water and wastewater facilities. Final Reading (B. James /K. Woodlee) 1.2. Appointments and Resignations to the various City Boards, Commissions and Committees — Consideration and /or action regarding appointments and resignations to Building and Standards Commission, Library Advisory Board, :Parks & Recreation Advisory Board and the Transportation Safety Advisory Commission. (Mayor /Council /B. Dennis) 13. Resolution No. 18 -R -106 — Consideration and /or action approving a Resolution authorizing an Interlocal Agreement with the Texas Department of Public Safety for the purchase of recurring supplies. (D. Wait/M. Hansen) 08 -07 -2018 City Council Agenda Page - 3 - Discussion and Action Items 14. Resolution No. 18 -R -94 — Consideration and /or action approving a Resolution relating to establishing the City's Intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various city improvements from the proceeds of Tax - Exempt Obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (B. James /J. Walters /M. McLiney /A. Freedman) 1.5. City of Schertz and Schertz /Seguin Local Government Corporation Refunding Potential — Discussion and consideration and /or action of potential refunding opportunity of outstanding Contract Revenue Bonds of the Schertz /Seguin Local. Government Corporation to achieve debt service savings for the Corporation and therefore the City of Schertz. (B. James /J. Walters /M. McLiney /A. Freedman) 16. Resolution No. 18 -R -103 — Consideration and /or action approving a Resolution authorizing an amendment to the existing A133 Agreement for the Construction Phase Services of the Construction Manager at Risk Agreement for the new Fire Station #3 and associated support systems. (D. Wait /K. Long /P. Gaudreau) 17. Ordinance No. 18 -D -26 — Consideration and /or action approving an Ordnance providing that the Code of Ordinances for the City for the City of Schertz be amended by revising sections 86 -118 — Maximum Limits in School Zones including the school zone for the Rose Garden Elementary School on FM 151.8 and providing an effective date. First Reading (B. James /K. Woodlee /C. Palomo) 18. Ordinance No. 18 -D -27 — Consideration and /or action approving an Ordinance providing that the Code of Ordinances for the City for the City of Schertz be amended by revising sections 86 -118 — Maximum Limits in School Zones including the school zone for the Danville Middle School on FM 482 and Hubertus Road and providing an effective date. First Reading (B. James /K. Woodlee /C. Palomo) Roll Call Vote Confirmation Workshop • Discussion and possible action regarding the City Council Rules of Conduct and Procedure and Council's Code of Ethics. (Item requested by Mayor Carpenter and Councilmember Crawford) Closed Session 19. 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. 20. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body 08 -07 -2018 City Council Agenda Page - 4 - seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -043 • Project E -044 Reconvene into Regular Session 19a. Take any action based on discussions held in closed session under Agenda Item 19. 20a. Take any action based on discussions held in closed session under Agenda Item 20. 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 21. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Monthly update on large projects /CIP. (D. Wait /K. Woodlee /J. Harshman /T. Buckingham) • Information regarding the city's utility bill distribution. (Requested by Mayor Pro -Tem Scagliola). (B. James /J. Walters /D. Hardin- Trussell) • Schertz Economic Development Corporation 2nd Quarter update. (B. James /K. Kinateder) • City of Schertz Quarterly Financial Reports. (B. James /J. Walters) • Pending informational items. Adiournment CERTIFICATION 08 -07 -2018 City Council Agenda Page - 5 - I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 3rd DAY OF AUGUST 2018 AT 3:30 P.M., WHICH IS A PLACE :READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. gT2.1✓NDA DENNIS Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 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 08 -07 -2018 City Council Agenda Page - 6 - 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 08 -07 -2018 City Council Agenda Page - 7 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on July 24, 2018. . HHZTG • ' • On RM Staff recommends Council approve the minutes of the Regular meeting held on July 24, 2018. Regular meeting of July 24, 2018 minutes. MINUTES REGULAR MEETING July 24, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 24, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Councilmember Cedric Edwards was absent. to Mayor Carpenter called the regular meeting Mayor Pro -Tem Daid.Scagliola Kiser ames t to the City X retary Brenda 01 P.M. Gonzalez opening prayer Tollowed by the Pledges of Allegiance to ate of Texas. - adillas who was in the audience this evening stood to be recognized. Thomas Pinder Fire Chief Kade Long provided a brief bio regarding the newly hired Fire Marshal, Thomas Pinder and introduced him to Council. Mayor /Council welcomed Mr. Pinder aboard. Mr. Pinder came forward and stated he appreciated the opportunity to work for Schertz in this capacity and if anyone needed anything please let him know. Mayor Carpenter recognized Acting City Manager Brian James who advised Council that John Perry, the previous Fire Marshal, has not left the City, but has accepted the position of Battalion Chief and is still working for us in that capacity. 07 -24 -201.8 Minutes Page - 1 - Presentations Texas Public Works Association Awards presentation. (B. James /K. Woodlee /S. McClelland) Mayor Carpenter recognized City Engineer Kathy Woodlee who spoke of the Schertz Parkway Street which had slowly deteriorated to the point where it needed major repairs. Staff had looked at different repair options and what our available funding was. Meanwhile the City had hired on two new staffers, Engineer John Nowak d Project Manager Scott McClelland. They both have a lot of experience regarding street construction projects. At the end of the Schertz Parkway reconstruction projecVjpbn recognized some special aspects of the project that were worthy of some consideration and suggested submitting it to the Texas Public Works Association (TPWA) as a candidate fcr-project of the year and we were actually selected. Ms. Woodlee introduced Engineer John Nowak who showed a brief,, PowerPoint presentation providing a brief summary of what, the TP A is. One of the things the organization does is offer recognition of various types of projects over the course of the year. Some of the selection criteria includes the use of good construction management techniques, safety performance, cbrnmunity relations, environment protection, and unusual accomplishments under adverse conditions. Project Manager Scott McClelland carne forwafd'and stated he and John. Nowak couldn't have done it without I a.lot of help. He recognized hark Hill with Ford Engineering and Troy Wanner with Capital Excavation: Each representative was presented a plaque of recognition for their excellent, contributions to the project. Mayor Carpenter recognized Executive Director Dudley Wait who provided the following Thursday, July,2h`° Mary Whitfield Burks Park Grand Opening 5:30 pm 31.75 Schertz Parkway (between Ashley Park Drive and Jonas Drive) We encourage you to come dressed in your workout gear and test out the new outdoor fitness equipment. Friday, July 27' Coffee with the Chamber 7:30 — 9:30 am Schertz Chamber Welcome Center 07 -24 -201.8 Minutes page - 2 - Stop by the Chamber for a free cup of coffee, courtesy of Members Schertz Bank and Trust. Tuesday, July 31st No City Council Meeting Scheduled Friday, August Yd Budget Retreat for City Council 8:30 am Schertz Civic Center Saturday, August 4th Movies in the Park 7:00 pm "Minions" 534 Ashley Park Movie begins at 8:30 pm Tuesday, August 7th City Council Meeting 6:00 pm Council Chambers The City of Schertz will be holdit purpose of re- electing Council Men November 2018 to November 2021. Any candidate application wit] pm. The applit requesting that Egan. July 23, 2018 . ember 6, 2018 for the a three -year term, from name on the Official Ballot shall file an later than Monday, August 20, 2018, . by 5:00 form prescribed by the Texas Election Code of Official Ballot and declaring themselves as in the City Secretary's office at 1400 Schertz Parkway, line at www.schertz.com. Should you have any questions, s office at (210) 619 -1030. itions by the Acting City Manager (B. James) and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter recognized SSLGC General Manager Alan Cockerell and invited him to come forward and share anything he would like in regard to his upcoming retirement. Mr. Cockerell announced his retirement effective August 31st from the City of Schertz and as General Manager of SSLGC. Mr. Cockerell thanked the City of Schertz for giving him the opportunity to serve the community; it has been very rewarding. However, he said he is 07 -24 -2018 Minutes Page - 3 - talking to the Cibolo Valley folks and is trying to work something out with them. He may still be around and available on a consultant basis. He also had an interview last week for the Region L position. The meeting for these nominated positions will be on August 2. Mr. Cockerell also gave thanks /recognition to Jimmy Hooks and the entire staff of the Schertz Public Works Department —they are the ones who deliver the water to the homes. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Miss Anneka Dahle, 9120 E. FM 1518 N, who came foward thanking everyone for their support and donations enabling her to compete in the "dog agility "competition which was held in the Netherlands this year. In the individual event, her and h r animal placed 125th out of 336 competitors. In the team event, her team placed 18th out of 57 teams. She presented Mayor and each Councilmember with a small gift /token. • Ms. Rose Hendrix, 30,17 Turquoise, who thanked Acting City Manager Brian James, Council members Kiser, Crawford and Edwards who recently attended the Sedona HOA meeting showing their support. Hopefully there will be a positive turnover of the HOA to the homeowners movinz forward. • Mr. Brent Bolter, 2633 Clover Brook, who spoke on `speaking the truth'. He spoke of an ongoing drama by one individual who continues to initiate havoc in the Council Chamber and divide the city. He provided specific events such as the evening the former City Manager was asked to resign, the censure of a former Councilmember who is currently seeking a seat as a volunteer on a city board, a possible violation of council rules of conduct by a current councilmember and a recent recording of a conversation between the Mayor and a Councilmember from a closed session. He had three more points to make. 07 -24 -201.8 Minutes Page - 4 - #1. The city's IT Department should always scan USB Flash drives before they are loaded to a city computer to prevent any viruses. #2 Of the recording that was played at Council during the last meeting, who did it? It was a despicable act. #3 Are there other recordings and if so, of what? Who might they be shared with? #4 What is in store for us in future Council meetings? He in future city council meetings, but he will be happy to coi and speak some more `truths.' Workshop Cibolo Creek Municipal. Authority (CCMA) Ellis) Mayor Carpenter recognized Executive Directo Manager Clint Ellis with CCMA who provided five -year plan. rate presentation. will be coming up forward to council ait/J. Hooks /C. ait who introduced General on their rate plan and their There were no comments or questions from Councilmembers. San Antonio River Authority (SARA) sewer rate presentation. (D. Wait /J. Hooks) Mayor Carpenter recognized Water /Wastewater Manager Jimmy Hooks who provided information on the SARA sewer rates answering questions from Council. The SARA service area in Schertz is located in the southern part of the city, approximately 66 homes in The Reserve at Schertz subdivision. SARA updates their rate schedule in June and it takes effect on July 1 of each year. For a single - family residential home, the FY 2017/18 rate was $17.71 and the FY 18/19 rate was $8.44, resulting in a 52.3% rate decrease. The rate per 1,000 gallons for FY 17/18 was $4.84 and the FY 1.8/1.9 rate was 07 -24 -201.8 Minutes page - 5 - $4.69, resulting in a 3% rate decrease. We currently charge our customers the CCMA rate where everyone pays the same rate. There were no questions /comments from Council. Consent Agenda Items 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular meeting of July 10, 2018. Approval of the regular minutes of July 10, 2018. 2. Resolution No. 18 -R -83 Consideration and /or an agreement for Provisions of Professional Sc Schertz Economic Development Corporation. (l The following was read into record: RESOLUTION NO. •oving 'Resolution authorizing een the City ,of Schertz and the Kinateder) into RESOLUTION NO. 18 -R -91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING A WASTEWATER EASEMENT AGREEMENT ALONG FM 482 FROM DARRYL JENSCHKE, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 18 -R -92 — Consideration and /or action approving a Resolution awarding a contract to C3 Environmental Specialties for the desilting of Dietz Creek Drainage Channel. (D. Wait /D. Letbetter /S. McClelland) The following was read into record: 07 -24 -2018 Minutes Page - 6 - RESOLUTION NO. 18-R-92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING A CONTRACT WITH C-3 ENVIRONMENTAL SPECIALTIES FOR SILT REMOVAL IN THE E. DIETZ DRAINAGE CHANNEL BETWEEN DIETZ ROAD AND BORGFELD ROAD. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Crawford to approve consent agenda items 1-4.1 The vote was unanimous with Mayor Pro-Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Discussion and Action Items The following was read into 8-• A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING", THE SCHERT/SEGUIN LOCAL GOVERNMENT CORPORATION ,,(SSLGC-,,,')'BUDGET AMENDMENT FOR FISCAL YEAR 2017- 2018 IN THE AMOUNT Of $2,000,000 AS A TRANSFER TO THE SSLGC REPAIR AND REPLACEMENT 'FUND., AND OTHER MATTERS IN CONNECTION Mayor Carpenter 'reclognized-'Executive Director Dudley Wait who introduced SSLGC Cie,ne who stated the agenda items 5, 6, & 7 are intertwined so xal Manager Alaft"Cockereii, he was going to provide some commentary on all three and if council has any questions, just let him know. This first one -isl the budget amendment for the current fiscal year. Schertz/Seguin has adopted a retains'earning policy. Each year after their audit they look at this. We have $2 million above that threshold so the budget amendment request allows us to move that money to the repair and replacement fund. This will be used for the pipeline that comes from Seguin to Schertz, which just happens to be at a cost of just under $2 million. A contractor has been selected to start on this project later this fall. Mr. Cockrell continued his presentation by moving to item 6 07-24-2018 Minutes Page - 7 - Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Crawford to approve Resolution No. 18 -R -86. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Mr. Cockrell continued his presentation by moving to item 7. The following was read into record: RESOLUTION NO. 18 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2018 -19 WATER RATES, AND OTHER MATTERS IN CONNECTION THEREWITH 07 -24 -201.8 Minutes Page - 8 - Mr. Cockerell stated that the bottom line is they have developed an O &M budget that is just over $173,000 more than last year. It is projected at $9,116,093.00. If we take that O &M budget and roll it into the rates (agenda item 3) they are projecting a .01 cent per 1,000 - gallon rate increase to their customers. As a result, they have been fortunate with the SAWS contract and additional contracts with other outside customers that have allowed them to keep their rates down during the last 5 to 6 years. Thus, the water rate increases have been very minimal. Before the final vote, Mr. Cockerell added that the City of $hertz pays more debt service than the City of Seguin. The reason is that Schertz has assumed the debt service for the Guadalupe project for that additional water. In the past, those twt numbers were the same. The following was read into record: A RESOLUTIOlr AUTHORIZING CITY 1 ECTION LUTION NO. 18 -R -93 THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS EIE ACTING CITY MANAGER TO ENTER INTO AN 2EEMENT WITH THE CITY OF CIBOLO RELATING TO F UP :TO 400 ACRE FEET OF WHOLESALE WATER FROM SCHERTZ" ANNUALLY, AND OTHER MATTERS IN 'nized Executive Director Dudley Wait who stated in March of 2015 .red into a Memo of Understanding (MOU) with the City of Cibolo 1 of water for two specific areas in their city. One is a subdivision . area and the other is for a commercial area at Wiederstein and IH- experiencing a strong housing growth and expanding its commercial One of the terms of the MOU was in order for us to sell them water we needed to first enter into an Inter -local Agreement (I.LA) to do so. They have now approached Schertz and requested this to happen. The MOU originally called for 350 -acre feet of water; they have asked to increase this to 400 -acre feet of water. There would be two points to take the water from. While 400 -acre feet is the maximum annual amount, as they start out, it will be a 07 -24 -2018 Minutes Page - 9 - much lower amount. As both developments continue to grow, they will get closer and closer to their maximum amount. Questions and comments from Council included: Why do we have the water sale and the delivery charge in this document? (Crawford) Answer: The water rate listed pays for the water. The base rate will help pay for our infrastructure costs (pumps, storage tanks, wear & tear on the' system, etc.) Cibolo is currently studying their other possible options as to the best, most efficient way to purchase water for their future growth. Councilmember Crawford' concern was it would be better to have a way for Cibolo to get out of the contract if they so do i qcl in the future. What is our excess capacity now and how (Scagliola) Answer: Right now, it is limited by the size of our pil design phase. This will eventually allow us to get 4s in two years we could begin to get into the maximum of slightly before or at the time the Guadalupe well field't be coming online. To buffer that, we h4yc our Edwards ourselves that belong to SS:LGC. Can Seguin also sell part of their half of the wat, availability of getting' an " More if we needed it? Answer: Yes. Iii faet, they recently entered excess capacity? ae. A second pipeline is in the water as we need. In the next half of the Gonzales well field ie are carrying the debt for will fits and our rights to sell water cities, which would reduce our agreement with New Braunfels Utilities. A concern is that the agreement is a 40 -year agreement and there doesn't appear any allowanee�for any reasonable method of termination of the agreement. If a problem arises we should have an option to amend the agreement. (Davis) It is something that staff can speak with Cibolo about and then come back to Council with another agreement. An observation that these agreements are not one -way (from Schertz to Cibolo )—they go both ways. There are other available options that have been mentioned. The agreement looks good. We Sneed to look at what the entire economic development in that region may mean, the available contingency plans in place, etc. (Larson) Mayor Carpenter recognized Acting City Manager Brian James who clarified that the wholesale rate was not really a discounted rate. We are not really subsidizing their usage or `giving them a good deal.' Effectively, we said if we have another entity that needs water from us that they are going to redistribute, what is an appropriate rate and what is the additional charge that goes on to that? Water is a very valuable resource and the cost of that is going up, both operational and with water rights. There is a benefit to our customers to 07 -24 -2018 Minutes Page - 10 - be able to sell excess water that we don't need today. We are paying for that infrastructure that is providing for that capacity to be available. Based on the concerns expressed tonight, we need to seek a balance between what our risks are of running short. Staff looked at what other options we had available. We are also partners with Cibolo in CVLGC. Mayor Carpenter expressed his thoughts which included the option of offsetting current operational costs by reselling water. Cibolo is a good neighbor. The agreement that has been presented seems fair. He understands the risk aversion. However, we also have the arrangement with SAWS. We are in a very strong position to import water should we have a catastrophic event. A lot of variables have been considered over the last 15 years. The agreement as written has both pros and cons. Is there a risk that we could potentially run short, yes absolutely? Purchasing water from SAWS would be ' stly, but it would work in an emergency. He asked council for a consensus to provide direction, to staff. Mayor Carpenter recognized Mayor Pro -Terri Scagliola who moypd seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -93. The vote was 5 -1 -0 with Mayor Pro -Tem Scagliola, Councilmember Gutierrez, Larson, Kiser utnd Crawford voting for and Councilmember Davis voting nor. Councilmember Edwards was absent. Motion Passed. 9. Ordinance No. 18 -F -16 — Consideratibn and/or action approving an Ordinance granting an electrical transmission and distribution 'and 'communicatiori , franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use 'of C' streets, alleys, and public ways for a ten -year term. First reading (D. Wait) The foil. O. 18 -F -16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING AN ELECTRIC TRANSMISSION AND DISTRIBUTION, AND::", COMMUNICATIONS FRANCHISE TO THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. FOR THE USE OF CITY STREETS, ALLEYS, AND PUBLIC WAYS FOR ATEN YEAR TERM COMMENCING ON THE EFFECTIVE DATE; CONTAINING VARIOUS TERMS AND CONDITIONS WITH REGARD TO THE GRANT OF SUCH FRANCHISE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE SUPERSEDING OF ANY AND ALL WINDS OF ORDINANCES, REGULATIONS, RULES, OR POLICIES THAT ARE IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item stating that since our meeting in April staff came to council for a first reading of this ordinance. It is time to renew the agreement with GVEC for them to use our right of ways 07 -24 -201.8 Minutes Page - 11 - for the provision of electrical service. We have had an agreement with them for multiple years prior. Due to technology modifications there were a lot of changes to the contract. Not only do they wish to deliver electricity, but they would also like to deliver fiber optic internet capacity. They also wanted to incorporate their street light agreement into the actual franchise agreement and not have it be its own separate document. After staff went through it and presented it to council it was approved on first reading and we turned it over to GVEC to review. GVEC had some concerns, so after more work end consultation with the City Attorney, we now have a document GVEC believes they can shpport. There are not too many drastic changes from what you saw last time. Mr. Wait then explained the conditions regarding mandatory publication notices and 90- day period requirements between first and second're ding. Therefore, tonight, staff is back to do a first reading. We should also have GVEC's approval by tomorrow morning. Then the publication is next and if that goes off timely, staff will return on August 7 for the second reading. Mayor Carpenter recognized Councilmember Crawford w, ho requested clarification on the street light clause that had been added. The following was read into record: RESOLUTION NO. 18-R-85 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 6, 2018 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 6, AND PLACE 7 FOR A THREE YEAR TERM AND MAKING PROVISION FOR THE 07 -24 -201.8 Minutes Page -12 - CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE Mayor Carpenter recognized City Secretary Brenda Dennis who stated the attached Resolution calls for the November 6th Joint General Election to ,elect Councilmembers in Places 6 and 7 for a three-year term begining November 2018 and ending 2021. By contracting with Bexar and Guadalupe Counties • Entities will divide the costs proportionate • Utilize common Early Voting and Electio • Utilize common voting equipment • Utilize common voting clerks • Reduce Voter confusion and difficulty by • Open more Early Voting locations within are realized, such as: a savings to each entity location for all elections counties y, election, information will be posted on the city website as soon as it is anyone who has any questions can also call the City Secretary Office. Filing for a',� lace on the ballot began yesterday and continues until 5:00 p.m. Monday August 20th. Early voting begins Monday, October 22 and goes through Friday November 2" d . All this inf6rmation will be available on the city's website as well as printed in the Schertz Magazine. I wish to take this opportunity to thank Patty Horan, EDC Executive Assistant for assisting me in translating the upcoming election notice in Spanish; as you know, it must be published in both English and Spanish. Staff recommends approval. 07-24-2018 Minutes Page -13 - Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve Resolution No. 1.8 -R -95. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. 11. Ordinance No. 18 -M -25 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of chertz for FY 201.8 -19. First Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 18 -M -25 Councilmember Davis suggested staff clarify the language on the fee schedule regarding the definition of `frexquent reter' who would be qualified for a discounted rate. Mr. James stated staff could do that before th6t brina the item back next time. Mayor Carpenter recognized: Councilmember Larson who moved seconded by Mayor Pro - Tern Scagliola to approve Ordinance No. 18 -M -25 first reading. The vote was unanimous with Mayor Pro -Teth Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawf ©rd voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. 12. Resolution Nd 18 - -R -73 — Consideration and /or action approving a Resolution by the City Council of the; City of Schertz approving Employee Policies related to Employee separation, determining salaries and filling position vacancies. (D. Wait /J. Kurz) The following was read into record: RESOLUTION NO. 18 -R -73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING EMPLOYEE POLICIES RELATED TO EMPLOYEE 07 -24 -2018 Minutes Page -14 - SEPARATION, DETERMINING SALARIES AND FILLING POSITION VACANCIES AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized HR Director Jessica Kurz who stated staff had come before them in May seeking direction on a few personnel policies. The version they have in their packets has already gone through staff and legal review. Ms. Kurz said if anyone had any questions she would be happy to address them. Councilmember Kiser had a question regarding interpersonal employee relationships and fraternization and the option of transferring to another department. Mayor Carpenter recognized Mayor Pro -Tem S Councilmember Kiser to approve :Resolution No. 1.8- Mayor Pro -Tem Scagliola, Councilmembers Da Crawford voting for and no one voting no. Cai Motion Passed. 13. Ordinance No. 18 -S -24 — Conduct a public hearir PR approving an Ordinance amending Part III, She Development Code (UDC) Articles 9 and 16 to amp public water and wastewater facilities, repealing all c conflict with this ordinance; providing a severability date. First Reading (B. James /K. Woodlee' The following was read into record: INANCE: NO. 18 -S -24 moved seconded by was unanimous with Larson, Kiser and idwards was absent. ind consideration and /or action Code of Ordinances, Unified certain site design standards for oances or parts of ordinances in td ; and providing an effective Mayor Carpenter recognized Project Manager Scott McClelland who stated article 9 involves site design standards. These were developed for commercial and multi - family uses in mind, but it didn't take into consideration public water and wastewater facilities. Staff also identified 'several requirements that were in conflict with goals, particularly in regard to land buffering, landscaping, tree planting and architectural requirements. In the past, these conflicts had to be carried through in variances prepared by both Planning and Engineering staff and presented to the various boards and commissions for approval. The changes before you are only limited to Public Water and Wastewater Facilities. Staff took the recommendations to the Planning and Zoning Commission (P &Z) on April 25`h 07 -24 -2018 Minutes Page -15 - and again on May 91h. On June 13th they went again to P &Z and had a workshop with everyone. On June 27th P &Z recommended approval with a 6 -0 vote. Mr. McClelland went over some of the changes, such as adding the definition of what a Public Water and Wastewater Facility is. In Article 9, it addresses architectural, landscaping, and screening and fencing requirements. Mayor Carpenter opened the public hearing. As no one came forward to speak, Mayor Carpenter closed the public hearing. Mr. McClelland, Senior Planner Bryce Cox, and Acting= City Manager Brian James addressed comments /questions from Council including Councilman Larson's request for more detail regarding the changes being recommended for architectural, landscaping and screening and fencing and why those are not compatible with the facilities. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Kiser to approve Ordinance l o- 18 -5 -24 on first reading. The vote was 5- 1-0 with Mayor Pro -Tem Scagliola, Councilip1pothers Davis, Gutierrez, Kiser and Crawford voting for and Councilmember Larson v6tj ng no. Councilmember Edwards was absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -13. Workshop • Overview of the Walters) Maycir Carpenter recognized Finance Director James Walters who stated staff recently re- evaluated the city-credit card p ,41icy, did some research as to what other cities had and has subsequently updated: cur credit: Bard policy. Mr. Walters went over the general purpose, user liability, department head responsibility, appropriate use of the card, unauthorized use of the card, credit dollar limits, required documentation /recordkeeping, merchants and /or merchandise restrictions, credit card security, cardholder separation, internal review /audit, termination,6f,privileges, user responsibilities and Finance Department responsibilities. Acting City Manager Brian James emphasized that the cards are mainly for the purpose of Mayor /Councilmembers attending training /meeting opportunities (i.e., TML Conference). Councilmember Davis recommended staff develop a list of guidelines (do's and don'ts) that card holders can reference to prevent themselves from getting into a difficult position. Mr. James acknowledged that Councilmember Davis had a valid point and said that staff can continue to work on addressing that. 07 -24 -2018 Minutes Page -16 - • City of Schertz monthly Investment Report presentation. (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who stated going forward, this is a report staff will be submitting to Council on a quarterly basis along with the quarterly financial report. The presentation provided definitions of certain investment terms (i.e., book value, yield, market value, maturity date, shares, etc.), a summary of city investments during June, and a chart reflecting monthly yields, investment types and use. Mr. James added that there is training always available that staff, members attend and if anyone on Council is interested in attending one of these to let staff know. Mr. James continued addressing questions and comments by council members. There was a request from Councilmember Davis regarding "tae,, benchmark slide on investments; he asked if they could convert the one; three and six months to a line plot instead of a bar chart. Acting City Manager Brian James stated that staff would see how they could revise the chart and send it back Whim. Closed Session Mayor Carpenter stated that normally he has said that when we have a council member missing and we poll the rest of Council to see if they want to take these items up, the only differing factor this time is he has a note from Councilmember Edwards, saying he is: me if we go forward. Mayor Carpenter stated that he would ask that on item number -14 what is the desire of Council; do we want to meet and move forward this evening or wait for a full Council. Mayor minute in 04 p.m. and stated they would take a five (5) 14. City Council will meet in closed session under Section 551.074 of the Texas Government Cbe, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:27 p.m. Mayor Carpenter stated that the Council will not do a recess and will go directly into closed session under the following. 15. City Council will meet inclosed session under Texas Government Code Section 551.071, Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate a complaint about and the evaluation, duties or discipline of a City Council Member. 07 -24 -201.8 Minutes Page -17 - Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 10:09 p.m. 14a. Take any action based on discussions held in closed session under Agenda Item 14. No action taken. 15a. Take any action based on discussions held in closed session Item 15. Mayor Carpenter made a motion from the Chair that it will be the official finding of this Council that there has been no violation of our ethics code, 'aide of conduct or rules of procedure pertinent to the allegations brought forward, seconded by Councilmember Larson. The vote was 5 ayes and 1 present. Councilmember Kiser did not vote, and Councilmember Edwards was absent. Motion passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call Requests and Announcements • Announcements by the Acting City No • Requests by Ma i and agenda. for agenda item 15a. be placed on a future City Council Carpenter requested at our very next meeting an item for discussion and possible on poteinti l change 'Jo the City Councils :Rules of Conduct and Procedure and 1's Code ofEihics. Mayor Carpenter recognized Councilmember Larson who requested an item for discussion and possible action as it,relates to the development code and the masonry wall requirement, He stated that this is the number one complaint that he has heard. He would like to have staff review it and, dime up with recommendations to include what other communities are doing, and any options we have to make changes. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who requested information about the distribution of our water bills. He stated that his wife mentioned that she only had five (5) days to pay the bill when she finally got in the mail. He didn't think a whole lot about this at first, but he just received a letter from a resident asking the very same question. Maybe the water bill going through Cibolo Post Office slows down the process. 07 -24 -2018 Minutes Page -1s - His next request is that we look into our UDC zoning to allow for the zoning of green space. He is unsure if this would be needed to run through the Parks Department for consideration or just have a public meeting with a hearing of residents attached to it. He is unsure of the correct procedure. Lastly, he was up in New Braunfels for a tour and they have several murals and he asked how they had paid for them. The answer provided was from the Hotel Occupancy Tax (HOT) funds. He would like to explore some opportunities where we could use some of our HOT funds to beautify the city. Mayor Carpenter recognized Councilmember Crawford wh6 had a question for the Mayor, which was that Father Ed had made some comments about issues on P &Z and UDC requirements. Is that something we should discuss on an agenda at, some point or is this something staff is going to look into? In answer, Mayor Carpenter stated that Councilmember Larson just asked that it be op'a future agenda, specifically about the 8- foot masonry wall. C • City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) • Continuing education events, ,attended and to be attended • Recognition "of actions 'by-City employees +► Recognition of "actions by community volunteers Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he had his brother in town this weekend; he is a retired police officer from Connecticut and he had made an appointment with our PD Chief Hansen. He thanked the Chief and his personnel for their time and making him look good. He also stated that about a week ago Mr. James had put out an email about appointments to different boards and commissions. He would love to have his name submitted to serve with the Sweetheart Court. Mayor Carpenter recognized Councilmember Gutierrez who stated he attended the following events: 07 -24 -201.8 Minutes Page -19 - 16. • • Monday, July 16 1h Santikos Casa Blanca Nigh Out — visit at the Theatre over at the west side of town • Friday, July 20th Hog Wild Seminar hosted by our law firm • Monday July 23rd YMCA hosted a Government Day • Friday, July 20th YMCA and Parks sponsored the Movie in the Pool • Monday, July 23rd attended the Cibolo dedication of a garden park for Ron • This morning he attended the Junior Police Academy • Tuesday, July 24t" The Chamber Luncheon and during the luncheon Mayor Carpenter spoke on leadership. He thanked the Mayor. Mayor Carpenter recognized Councilmember Crawford wh6 stated that it is nice to see that Sedona has their own HOA now. He also attended the HogWild:: Seminar hosted by our law firm on Friday. Information available in City Council Schertz Master Calendar update reflecting a Advisory Board. (B. James/S. Gonzalez) DISCUSSION Update regarding TMRS City Ratcs.-(Bl. James/J. W Committee ,of Committees Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City 07-24-2018 Minutes Page - 20 - RESOLUTION NO. 18 -R -94 A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Schertz, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) designing, acquiring, constructing, renovating, improving, and equipping City street (primarily FM 1103 and FM 1518), curb, sidewalk, and gutter improvements, demolition, repair, and rebuilding of new and existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the purchase of land, easements, rights -of -way, and other real property interests necessary therefor or incidental thereto, such expenditures having been the subject of a bond election that was held by the Issuer on November 3, 2015 (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.1.50 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax - exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $600,656 to finance a portion of the costs of the Project; and 73191084.2 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds ", as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7. 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 Governing Body. SECTION 8. All ordinances and 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, -2- 73191084.2 and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 1.0. 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 Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. 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, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 73191084.2 PASSED, ADOPTED AND APPROVED on this the 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) -4- 73191084.2 Agenda No. 2 Cpl1fM4 a 0L,Us 1a U 10IU [o7 71►`I 111101 City Council Meeting: August 7, 2018 Department: Administration /Finance Subject: Ordinance No. 18 -M -25 — Amending Appendix C of the Code of Ordinances by updating the Fee Schedule. Final Reading BACKGROUND City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of everyday operations of municipal government. Since September 2008, the fees have been incorporated into a single fee schedule. Ordinance 08 -M -43 established the consolidated fee schedule and allows for the modification of existing fees to be done by resolution while new fees are established or added to the Fee Schedule by ordinance. The Fee Schedule ordinance provides a single document with all City fees that directly affect the users. The changes to the fees ensures the continued operation of public utilities, provides for essential services to the community and helps to adequately maintain investments in existing infrastructure. All changes to the fee schedule will have a 45 -day period before the new fees take into effect. This allows staff to update and advise citizens on the upcoming changes. The recommended effective date of the fee changes will be October 1, 2018. . The proposed changes to the fee schedule are the same as previously laid out in the Fee Schedule Review Summary information item in the council packet for the June 12, 2018 council meeting. *Since the first ready on July 24, 2018, clarifying language has been added to better describe who can request a Frequent Renter Discount and a Multiply Day Renter Discount for renting one of the City's Event Facilities. Additionally, Roadway Impact Fees have been added. The Roadway Impact Fees were set by Council in Ordinance 18 -M -13 and will be included in the Fee Schedule for reference only.* Of the proposed fee changes for FY 2018 -19, the only change in the schedule that could lead to a material impact are Civic Center Friday rental rates, which were lowered to rent the facility more on Fridays. The other fee changes in Library, Schertz Magazine, Fire, Planning & Zoning, and Inspections departments will offset direct costs they are associated with or are meant to simplify the fee or wording but not change the overall amount of revenue. The GIS changes will remove their department fees from the schedule and instead rely on the records request fee schedule which will also not result in a change in revenue but will simplify the fee schedule. The Civic Center proposes to lower its Friday rates to match its Sunday rates. Previously the Friday rental rates were equal to Saturday, however rental volume was lower. Other similar rental venues have a lower Friday rate which is often equal to the Sunday rate, which is staff's recommendation. The Civic Center proposing to change the variable $1 per person Kitchen Fee to a set fee when using the kitchen. The current method has issues calculating the correct fee; having a set dollar amount will make the fee cost easy to understand and charge while still meeting its purpose. The revenue for this fee is set aside and is used to replace old or broken kitchen equipment. The Civic Center also proposes to remove the electrical fee, which is not used, and the employee discount. The Library proposes a return postage fee for interlibrary loan items. This fee will only be charged if an item is ordered through the interlibrary loan program and is never picked up. Staff makes multiple attempts to contact the requesting individuals before adding this charge to their account. If an item is requested, picked up, and returned normally through this program, no return postage will be charged. This fee should help cover the cost of postage and will address the problem of constantly ordering items and never picking them up. While this fee will be used as a deterrent and as a cost recovery measure, it is not expected to generate substantial revenue for the city. The Schertz Magazine proposes to remove advertisements for the inside front and back covers. These areas have rarely been used by advertisers and staff believes these areas are best served to communicate City information and content instead. Due to the low demand for advertisements on these pages in the past, this change is not expected to cause a noticeable decrease in revenue. The Fire Department proposes to add a new Fire Watch Fee to the fee schedule. This fee will offset its cost as it is equal to weighted staff cost associated with providing a Fire Watch Service. This service includes sending a firefighter to a business to walk the halls and look for signs of a fire while the business' fire alarm system is down or broken. Per the Fire Code, the business must have someone on Fire Watch and can either staff it themselves or request it be done by a firefighter and pay the fee instead. The Planning & Zoning and Inspections Departments propose to remove second and subsequent development review fees as it is a service that is never used. Customers submitting plans get their plans reviewed with the original submittal fee, without the need for an additional review. Staff also proposes to remove the site plan time extension fee for building permit approval and the administrative fee for cancellation of a permit. There is currently no UDC provision to allow for a time extension, so if customers cannot get their building permit within the 2 -year allotment, they will have to resubmit the site plan. Staff recommends removal of the additional administrative fees, above ground pool permits, and fees for additional copies of permits /licenses /registrations. Going forward, Staff will take into consideration any administrative costs when evaluating permit fees. Staff also proposes adding a legal review fee for improvement agreements. This would be a passthrough fee of legal charges the City incurs to have the agreement reviewed by its attorney. The last fee change is to add an appeal fee to have a case heard by the Building and Standards Commission. This fee would equal the fee already in place for appeals to the Planning and Zoning Commission, City Council, and/or Board of Adjustments, and would be refunded if the commission rules in favor of the requestor. Additional language is proposed to clarify all Permit Fees are waived for Main Street sites as well as to remove references to Garage Sale Permits that had its fee removed earlier this year. EMS proposes to remove the Per Capita charge from the fee schedule. This fee is included in the service agreements with each entity to whom Schertz provides emergency medical services and is completely dictated by those agreements. Staff recommends this be removed from the Fee Schedule and continue to be administered through the service agreements with other local governments. Geographic Information Systems' (GIS) fee table proposes to be removed from the schedule. Instead, their services can be charged through the records request fees laid out by the state and included under the All Departments fee table. Staff proposes this change due to the low number of requests for map copies the City receives each year. The records request fees will allow the City to cover staff time and materials for any future requests. In FY 201.6 -1.7 only $40 in map sales were recognized. Utility rate changes will be presented separately at a later meeting. FISCAL IMPACT None of the changes are expected to have a material fiscal impact on the City. The Library Return Postage Fee, the Fire Watch Fee and the Planning & Zoning Legal Review Fee will all directly offset any costs related to their services. The removal of the Planning & Zoning and Inspections second and subsequent development review fees, site plan time extension, and administrative fees; the Magazine's inside front and back cover advertising fees; and the specific GIS fees are not expected to have a material impact due to their low utilization by citizens and businesses. The Appeal Fee for the Building and Standards Commission is meant to encourage series appeals to be brought forward and is not expected to have a material fiscal impact for the City. RECOMMENDATION Staff recommends the City Council approve Ordinance No. 18 -M -25 on final reading, amending Appendix C of the Code of Ordinances. ATTACHMENTS Ordinance No. 18 -M -25 Proposed Fee Schedule Civic Center Comp Requests Comp'd Granted FY 17 -1.8 KN ORDINANCE BY r TEXAS AMENDING Or OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING AND ESTABLISHING • CERTAIN PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF • WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions for fees for licenses, permits, and services provided by the City; and WHEREAS, the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees, a restatement of certain fees not revised, and a consolidation of all such fees; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations applying for licenses or permits or receiving other City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Subject to the last sentence of this Section, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. If any other ordinance, including the Code of Ordinances, establishes a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other ordinance or the Code of Ordinances shall control with respect to such penalty. SECTION 6. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. Passed and approved on the first reading this 24th day of July 2018. . PASSED AND APPROVED ON FINAL READING this 7th day of August 2018. Michael R. Carpenter, Mayor, ATTEST: Brenda Dennis, City Secretary City of Schertz Schedule of Fees Summary of Changes 2017-181 2018 -19 Library Return Postage Fee- -for ILL items never picked up by customer seer arrival _ 00 Schertz Maaazine Inside Front Cover for 6 mo., per month $ 2,850.00 DELETE Inside Front Cover for 12 mo., per month $ 2,700.00 DELETE Inside Back Cover for 6 mo., per month $ 2,200.00 DELETE F Inside Back Cover for 12 mo., per month $ 1,700.00 DELETE Event Facilities Civic Center - Grand Ballroom- (7,198 sq. ft) Friday and Sunday, Full day $ 800.00 $ 800.00 Friday and Sunday, Half day $ 450.00 $ 450.00 Banquet Package - includes hall rental,easel, tables /chairs, dance floor, AV panel access, ice, Gathering Room, Portable Bar, cocktail tables, kitchen: Friday and Sunday, Full day $ 1,500.00 $ 1,500.00 Friday and Sunday, Half day $ 950.00 $ 950.00 Fire Department and Haz -Mat Fees Fire Watch Fee, cost based on weighted salsy of disptached employee - ACTUAL ,tI ,• MIT •1 ,. No permit fees will be charged for sites located on Main St. (All departments) City of Schertz Schedule of Fees ISummary of Changes 1 2017-181 2018-191 Miscellaneous Fees Additional Perm ft Copies $ 5,00 DELETE Duplicate of Licenses/Registrations $ 5.00 DELETE Administrative Fee for Canceflation of Permit 101/6 of permit fee DELETE G.I.S. REMOVETAB FROM SCHEDULE City of Schertz Schedule of Fees All Departments 12016-1712017-181 2018 -19 Records Requests Standard paper copy, per page $ 0.10 $ 0.10 $ 0.10 (front and back is 2 pages) Nonstandard -size copy: Oversize paper copy (11" X 17 ") $ 0.50 $ 0.50 $ 0.50 Specialty paper (Mylar, blueprint, blue line, map, photographic) Actual Actual Actual Certified Copy- Each Certification $ 5.00 $ 5.00 $ 5.00 Diskette $ 1.00 $ 1.00 $ 1.00 Magnetic tape - actual cost Actual Actual Actual Data cartridge - actual cost Actual Actual Actual Tape cartridge - actual cost Actual Actual Actual Rewritable CD (CD -RW) $ 1.00 $ 1.00 $ 1.00 Non- rewritable CD (CD -R) $ 1.00 $ 1.00 $ 1.00 Digital video disc (DVD) $ 3.00 $ 3.00 $ 3.00 JAZ drive - actual cost Actual Actual Actual Other electronic media - actual cost Actual Actual Actual Miscellaneous supplies - actual cost Actual Actual Actual Postage and shipping charge actual cost Actual Actual Actual Photographs - actual cost Actual Actual Actual Maps - actual cost Actual Actual Actual Labor charge: For locating, compiling, and $15.00 $15.00 $ 16.00 reproducing, per hour (if documents are NOT located in the immediate area and over 50 pages) Overhead charge - % of labor charge 20% 20% 120% Remote document retrieval charge Actual Actual Actual No Sales Tax shall be applied to copies of public information Notary Fees Acknowledgement, Certified Copies, Jurat's, Oaths and Affirmation $ 6.00 $ 6.00 $ 6.00 Protests- Per Document $ 5.00 $ 5.00 $ 5.00 Convenience Fees Credit Card Payment Over Phone $ 1.00 $ 1.00 $ 1.00 Return Check Fee $25.00 $25.00 $ 25.00 City of Schertz Schedule of Fees City Secretary 1 2016 -17 2017 -18 2018 -19 Candidate Filing Fee $ 25.00 $ 25.00 $ 25.00 Licenses Package Store $ 250.00 $ 250.00 $ 250.00 Package Store Tasing $ 12.50 $ 12.50 $ 12.50 Wine & Beer Retailers $ 87.50 $ 87.50 $ 87.50 Wine & Beer Retailers - Off premises $ 30.00 $ 30.00 $ 30.00 Late Hours $125.00 $125.00 $ 125.00 Beer on Premises $ 75.00 $ 75.00 $ 75.00 Wine Only- Package Store $ 37.50 $ 37.50 $ 37.50 Mix Beverage Permit $ 375.00 $ 375.00 $ 375.00 Mix Beverage Late Hours $ 75.00 $ 75.00 $ 75.00 Caterer's Permit $ 250.00 $ 250.00 $ 250.00 Retail Dealer On- Premises - Late Hours $125.00 $125.00 $ 125.00 Local Cartage $ 15.00 $ 15.00 $ 15.00 4 City of Schertz Schedule of Fees Wireless 1 2016 -171 2017 -181 2018 -19� Network Nodes Application Fee, for up to 5 nodes NA $ 500.00 $ 500.00 additional for each node over 5 on the application NA $ 250.00 $ 250.00 Annual Public Right of Way Fee NA $ 250.00 $ 250.00 Node Support Pole Application Fee NA $1,000.00 $1,000.00 Colocation Fee for Network Nodes on City Service Poles, per pole NA $ 20.00 $ 20.00 Transport Facilities Application Fee, for up to 5 nodes additional for each node over 5 on the application Rental Fee for Transport Facilities, per device per month, not to exceed the aggregate "per node" fee NA $ 500.00 $ 500.00 NA $ 250.00 $ 250.00 NA $ 28.00 $ 28.00 5 City of Schertz Schedule of Fees Library 1 2016 -171 2017 -181 2018 -19� Non- Resident user fee- Library Card $ 15.00 $ 15.00 $ 15.00 Meeting Room Fee- Non- Schertz residents, 4 hours $ 50.00 $ 50.00 $ 50.00 Meeting Room Fee- After hour fee, per hour $ 25.00 $ 25.00 $ 25.00 Meeting Room Cleaning Fee (Spot Cleaning) $ 50.00 $ 50.00 $ 50.00 Meeting Room Cleaning Fee (Whole Room) $ Actual Actual Actual Additional Fee for After Hours Cleaning, per hour $ 25.00 $ 25.00 $ 25.00 Inter - Library Loans Materials (ILL Materials) Lost or damaged ILL items - Cost of item as billed by the lending library (may include additional fines or fees assessed by the lending library) Inter - Library Loan items per day (3 day grace period) Max overdue amount per ILL item Return Postage Fee - -for ILL items never pinked up by customer after arrival Overdue Fines (3 day grace period) All Items per day (except ILL items) Max amount that can be charged Replacement Library Card Copier, per standard page (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Printing, per standard page (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Black and White Color Outgoing Fax, 1st page Per each succeeding page Lost & Damaged Materials - Cost of item plus a processing fee Damaged DVD Case or Video Case Damaged or Missing Barcode Damaged or Missing RFID Tag Damaged or Missing DVD/Video Cover (if replaceable) plus processing fee Toddler Tote Bag Juvenile Audiobook Bag Materials Recovery Fee (per account sent to collections) Note: If an item is lost and paid for, any overdue fines assessed against the item are waived. If part of an item is lost, the item as a whole is considered lost and the full cost of the item is charged to the patron. Again, any overdue fines assessed against the item are waived if the item is paid for. Refunds for items that were paid for and subsequently found and returned to the library are available for up to 60 days after payment and require the original receipt. Processing fees are non - refundable. No refunds will be given after 60 days. Actual Actual Actual $ 1.00 $ 1.00 $ 1.00 N/A $ 5.00 $ 5.00 100 $ 0.25 $ 0.25 $ 0.25 $ 1.00 $ 1.00 $ 1.00 $ 5.00 $ 5.00 $ 5.00 $ 0.15 $ 0.15 $ 0.15 $ 0.15 $ 0.15 $ 0.15 $ 0.50 $ 0.50 $ 0.50 $ 1.00 $ 1.00 $ 1.00 $ 0.25 $ 0.25 $ 0.25 $ 5.00 $ 5.00 $ 5.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 2.50 $ 2.50 $ 2.50 $ 5.00 $ 5.00 $ 5.00 N/A $ 10.00 $ 10.00 A City of Schertz Schedule of Fees Schertz Magazine 1 2016 -171 2017 -181 2018 -19 Display Ads: Eighth Page for 6 mo., per month $ 300.00 $ 300.00 $ 300.00 Eighth Page for 12 mo., per month $ 275.00 $ 275.00 $ 275.00 Quarter Page for 6 mo., per month $ 550.00 $ 550.00 $ 550.00 Quarter Page for 12 mo., per month $ 400.00 $ 400.00 $ 400.00 Half Page for 6 mo., per month $1,000.00 $ 1,000.00 $ 1,000.00 Half Page for 12 mo., per month $ 700.00 $ 700.00 $ 700.00 Full Page for 6 mo., per month $1,500.00 $ 1,500.00 $ 1,500.00 Full Page for 12 mo., per month $1,200.00 $ 1,200.00 $ 1,200.00 Premium Placement: Back Cover for 6 mo., per month $ 2,500.00 $ 2,500.00 $ 2,500.00 Back Cover for 12 mo., per month $ 2,200.00 $ 2,200.00 $ 2,200.00 Inside Front Cover for 6 mo., per month $ 2,850.00 $ 2,850.00 DELETE Inside Front Cover for 12 mo., per month $ 2,700.00 $ 2,700.00 DELETE Inside Back Cover for 6 mo., per month $ 2,200.00 $ 2,200.00 DELETE Inside Back Cover for 12 mo., per month $1,700.00 $ 1,700.00 DELETE Churches, governmental entities, 501 (c) 3 and civic groups who provide a service to the residents of Schertz will receive a 25% discount on the above facility rental rates. City of Schertz Schedule of Fees Event Facilities 1 2016 -17 2017 -18 2018 -19 Vendor /Ancillary Fees Kitchen Fee, per person $ 1.00 $ 1.00 DELETE Kitchen Fee, Ball Room 200.00 Kitchen Fee, Bluebonnet Room 75.00 Electrical Fee (Tradeshows), per Exhibitor $ 25.00 $ 25.00 10.00 DELETE Early Open Fee (prior to normal scheduled hours), per staff member per hour $ 25.00 $ 25.00 $ 25.00 Ice, one bin (80lbs) $ 15.00 $ 15.00 $ 15.00 Ice, unlimited $ 25.00 $ 25.00 $ 25.00 Beverage Service $ 50.00 $ 50.00 $ 50.00 Cancellation Fee $ 50.00 $ 50.00 $ 50.00 Portable Bar (includes 5 cocktail tables) N/A $ 200.00 $ 200.00 Discount /Special Rates City Employees - 25% discount with no deposit Frequent Renters 25% discount (Mc ist rent at least 12 times calendar year) Multiple Day Renters 25% discount (Must resat two or more consecutive days) Day before setup - 50% of regular room rate Non- Profits 25% discount - rent only All comp'd requests will require approval from City Manager Sweetheart Tickets- Pre sale $ 10.00 $ 10.00 $ 10.00 Sweetheart Tickets - Night Of $ 15.00 $ 15.00 $ 15.00 H.O.A. Meeting Fee N/A $ 75.00 $ 75.00 Funeral Reception Only in Bluebonnet Hall /Community Centers 3 hr maximum N/A $ 75.00 $ 75.00 Quality of Life Events ( Community Centers Only) N/A $ 15.00 $ 15.00 Facility Security Security Coordination Fee Regular- per officer, per hour (4 hour minimum) Holiday- per officer, per hour (4 hour minimum) Civic Center - Grand Ballroom- (7,198 sq. ft) Regular Rentals Friday and Sunday, Full day Friday and Sunday, Half day Monday - Thursday, Full day Monday - Thursday, Half day Saturday, Full day (half day not available) Small Stage Large Stage Dance Floor Damage /Cancellation Deposit Audio/Visual Services (contracted) Additional time, per hour Audio /Visual Panel Access Banquet Package - includes hall rental,easel, tables /chairs, dance floor, AV panel access, ice, Gathering Room, Portable Bar, cocktail tables, kitchen: Friday and Sunday, Full day Friday and Sunday, Half day Monday - Thursday, Full day Monday - Thursday, Half day Saturday, Full day (half day not available) Civic Center Cut -Off Hall (Larger portion of Ballroom - (4,172 sq ft) Regular Rentals Sunday, Full day Sunday, Half day Monday - Thursday, Full day Monday - Thursday, Half day Friday - Saturday, Full day (half day not available) Small Stage $ 15.00 $ 15.00 $ 15.00 $ 30.00 $ 30.00 $ 30.00 $ 50.00 $ 50.00 $ 50.00 $ 700.00 $ 800.00 $ 800.00 $ 450.00 $ 450.00 $ 450.00 $ 500.00 $ 600.00 $ 600.00 $ 375.00 $ 375.00 $ 375.00 $1,600.00 $ 1,800.00 $ 1,800.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 400.00 $ 400.00 $ 200.00 $ 200.00 $ 200.00 $ 500.00 $ 500.00 $ 500.00 $ 175.00 $ 175.00 $ 175.00 $ 50.00 $ 50.00 $ 50.00 $ 75.00 $ 75.00 $ 75.00 $1,200.00 $ 1,500.00 $ 1,500.00 $ 950.00 $ 950.00 $ 950.00 $1,000.00 $ 1,300.00 $ 1,300.00 $ 875.00 $ 875.00 $ 875.00 $2,100.00 $ 2,500.00 $ 2,500.00 $ 500.00 $ 600.00 $ 600.00 $ 325.00 $ 325.00 $ 325.00 $ 325.00 $ 425.00 $ 425.00 $ 250.00 $ 250.00 $ 250.00 $1,200.00 $ 1,400.00 $ 1,400.00 $ 200.00 $ 200.00 $ 200.00 City of Schertz Schedule of Fees Event Facilities 1 2016 -17 $ 2017 -18 $ 2018 -19 Large Stage $ 200.00 $ 400.00 $ 400.00 Dance Floor $ 200.00 $ 200.00 $ 200.00 Audiovisual Services for 4 hours (Both rooms) $ 175.00 $ 175.00 $ 175.00 Additional time, per hour $ 50.00 $ 50.00 $ 50.00 Audio/Visual Panel Access $ 75.00 $ 75.00 $ 75.00 Damage /Cancellation Deposit $ 500.00 $ 500.00 $ 500.00 Banquet Package - includes hall rental,easel, tables /chairs, dance floor, AV panel access, ice, Gathering Room, Portable Bar /cocktail tables, Kitchen Fee: $ 300.00 $ 400.00 $ 400.00 Sunday, Full day $1,000.00 $ 1,300.00 $ 1,300.00 Sunday, Half day $ 825.00 $ 825.00 $ 825.00 Monday - Thursday, Full day $ 825.00 $ 1,125.00 $ 1,125.00 Monday - Thursday, Half day $ 750.00 $ 750.00 $ 750.00 Friday- Saturday, Full day (half day not available) $1,700.00 $ 2,100.00 $ 2,100.00 Civic Center Conference Hall (Smaller portion of Ballroom - (3,026 sq ft) Regular Rentals Sunday, Full day $ 400.00 $ 400.00 $ 400.00 Sunday, Half day $ 250.00 $ 250.00 $ 250.00 Monday - Thursday, Full day $ 250.00 $ 250.00 $ 250.00 Monday - Thursday, Half day $ 175.00 $ 175.00 $ 175.00 Audiovisual Access $ 25.00 $ 25.00 $ 25.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 $ 200.00 Civic Center - Bluebonnet Hall- (2,500 sq ft) $ 200.00 $ 200.00 $ 200.00 Regular Rentals Sunday, Full day $ 300.00 $ 400.00 $ 400.00 Sunday, Half day $ 200.00 $ 200.00 $ 200.00 Monday - Thursday, Full day $ 225.00 $ 250.00 $ 250.00 Monday - Thursday, Half day $ 125.00 $ 125.00 $ 125.00 Friday - Saturday, Full day (half day not available) $ 575.00 $ 600.00 $ 600.00 Kitchen $ 75.00 $ 75.00 $ 75.00 Audiovisual Access $ 25.00 $ 50.00 $ 50.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 $ 200.00 Banquet Package - includes hall rental, tables /chairs, AV panel access, ice, kitchen: Sunday, Full day $ 400.00 $ 525.00 $ 525.00 Sunday, Half day $ 300.00 $ 325.00 $ 325.00 Monday - Thursday, Full day $ 325.00 $ 375.00 $ 375.00 Monday - Thursday, Half day $ 225.00 $ 250.00 $ 250.00 Friday - Saturday, Full day (half day not available) $ 675.00 $ 725.00 $ 725.00 Community Center North- 3501 Morning Dr- (2,006 sq ft) Sunday, Full day $ 200.00 $ 200.00 $ 200.00 Sunday, Half day $ 125.00 $ 125.00 $ 125.00 Monday - Thursday, Full day $ 150.00 $ 150.00 $ 150.00 Monday - Thursday, Half day $ 100.00 $ 100.00 $ 100.00 Friday - Saturday, Full day (half day not available) $ 300.00 $ 300.00 $ 300.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 $ 200.00 Community Center Central Sunday, Full day $ 250.00 $ 250.00 $ 250.00 Sunday, Half day $ 150.00 $ 150.00 $ 150.00 Monday - Thursday, Full day $ 150.00 $ 150.00 $ 150.00 Monday - Thursday, Half day $ 100.00 $ 100.00 $ 100.00 Friday - Saturday, Full day (half day not available) $ 400.00 $ 400.00 $ 400.00 Projector /Screen /Microphone $ 50.00 $ 50.00 $ 50.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 $ 200.00 Churches, governmental entities, 501 (cp) 5 and civic groups who provide a service to the residents of Scher z will receive a 25% discount can the above facility reaatal rates. City of Schertz Schedule of Fees Event Fee 1 2016 -17 2017 -18 2018 -19 Jubilee $ 200.00 Beverage Vendor $ 100.00 Food Vendor $ 1.00 $ 500.00 $ 500.00 Beverage Vendor $ 25.00 $ 300.00 $ 300.00 Cooler Booth Rental $ 25.00 $1,500.00 $ 1,500.00 Carnival $ 15.00 $ 6,000.00 $ 6,000.00 Craft Vendor $ 25.00 $ 50.00 $ 50.00 Business Vendor $ 15.00 $ 200.00 $ 200.00 Parade Entry $ 50.00 $ 35.00 $ 35.00 SchertzQ Food Truck Vendor $ 200.00 $ 200.00 Beverage Vendor $ 100.00 $ 100.00 Cooler Booth Rental $1,000.00 $ 1,000.00 Jackpot Beans $ 25.00 $ 25.00 BBQ Entry $ 200.00 $ 200.00 Cooks Choice $ 25.00 $ 25.00 Retail /Craft $ 100.00 $ 100.00 Business Vendor $ 200.00 $ 200.00 Ice $ 3.00 $ 3.00 Kids Q $ 25.00 $ 25.00 Festival of Angels Food Vendor Craft Vendor Parade Entry $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 15.00 $ 15.00 10 City of Schertz Schedule of Fees Parks and Recreation 1 2016 -17 2017 -18 2018 -19 Pavilion Rental Rates - Small Pavilion Schertz Residents Rental Fee (6am -2pm) or (3pm -11 pm) $ 55.00 $ 55.00 $ 55.00 Rental Fee all day $ 85.00 $ 85.00 $ 85.00 Monday - Thrusday 50% discount on rates Non- Schertz Residents Rental Fee (6am -2pm) or (3pm -11 pm) $ 90.00 $ 90.00 $ 90.00 Rental Fee all day $135.00 $135.00 $ 135.00 Monday - Thrusday 50% discount on rates Pavilion Rental Rates - Large Pavilion Schertz Residents WITHOUT KITCHEN Rental Fee $100.00 $100.00 $ 100.00 Monday - Thrusday 50% discount on rates WITH KITCHEN /RESTROOMS Rental Fee $ 200.00 $ 200.00 $ 200.00 Monday - Thrusday 50% discount on rates Damage Deposit $ 200.00 $ 200.00 $ 200.00 Non- Schertz Residents WITHOUT KITCHEN Rental Fee $150.00 $150.00 $ 150.00 Monday - Thrusday 50% discount on rates WITH KITCHEN /RESTROOMS Rental Fee $ 300.00 $ 300.00 $ 300.00 Monday - Thrusday 50% discount on rates Damage Deposit $ 200.00 $ 200.00 $ 200.00 11 City of Schertz Schedule of Fees Parks and Recreation 1 2016 -17 2017 -18 2018 -19 Pools Daily Rates Per swimmer per entry $ 2.00 $ 2.00 $ 2.00 Daily pass $ 3.00 $ 3.00 $ 3.00 Admission is free for children under the age of 2 years. Season Rates - Maximum per season pass is six (6) members Schertz Residents Individual rate 2 member rate 3 member rate 4 member rate 5 member rate 6 member rate $ 40.00 $ 40.00 $ 40.00 $ 50.00 $ 50.00 $ 50.00 $ 60.00 $ 60.00 $ 60.00 $ 70.00 $ 70.00 $ 70.00 $ 80.00 $ 80.00 $ 80.00 $ 90.00 $ 90.00 $ 90.00 Non - Schertz Residents Individual rate $ 70.00 $ 70.00 $ 70.00 2 member rate $ 80.00 $ 80.00 $ 80.00 3 member rate $ 90.00 $ 90.00 $ 90.00 4 member rate $100.00 $100.00 $ 100.00 5 member rate $110.00 $110.00 $ 110.00 6 member rate $120.00 $120.00 $ 120.00 Regular Preschool /Child Care Center Teacher /Child Care Attendant and 5 students per pass. In City Out of City $ 80.00 $ 80.00 $ 80.00 $120.00 $120.00 $ 120.00 12 City of Schertz Schedule of Fees Parks and Recreation 1 2016 -17 2017 -18 2018 -19 * *THESE RATES NOW SET BY CONTRACTOR ** Swimming lessons rate Schertz Residents - per child Non- Residents - per child Pool Reservations Schertz Residents 1 to 50 People 51 to 100 People 101 to 150 People 151 to 200 People 201 to 250 People 251 to 293 People Non - Residents 1 to 50 People 51 to 100 People 101 to 150 People 151 to 200 People 201 to 250 People 251 to 293 People Northcliffe Pool Schertz Residents 1 to 50 People (2 hours maximum) 50 to 100 People (2 hours maximum) Non - Residents 1 to 50 People (2 hours maximum) 50 to 100 People (2 hours maximum) * *THESE RATES NOW SET BY CONTRACTOR ** 13 City of Schertz Schedule of Fees Animal Services I 201717 2017 -18 2018 -19 Pet License 65.00 Cat, male $ 90.00 Standard fee, $ 5.00 $ 5.00 $ 5.00 license per year per spayed or neutered animal $113.50 $ 113.50 Standard fee, $ 10.00 $ 10.00 $ 10.00 license per year per un- spayed or un- neutered animal 131.50 $ 131.50 Replacement tags (if lost) $ 2.00 $ 2.00 $ 2.00 Animal Adoption Cat or Dog that has been spayed or neutered regardless of weight $ 65.00 $ 65.00 $ 65.00 Cat, male $ 90.00 $ 90.00 $ 90.00 Cat, female $113.50 $ 113.50 $ 113.50 Dog, male under 60 lbs. $131.50 $ 131.50 $ 131.50 Dog, male 60 lbs. and over $140.00 $ 140.00 $ 140.00 Dog, female under 30 lbs. $137.00 $ 137.00 $ 137.00 Dog, female between 30 and 60 lbs. $142.50 $ 142.50 $ 142.50 Dog, female 61 lbs. and over $159.00 $ 159.00 $ 159.00 Permits - A permit shall be issue after payment of application fee: Kennel authorized to house 10 or less dogs or cats $ 75.00 $ 75.00 $ 75.00 Kennel authorized to house more than 10 but less than 50 $150.00 $ 150.00 $ 150.00 Kennel authorized to house 50 or more $200.00 $ 200.00 $ 200.00 Pet Shop $100.00 $ 100.00 $ 100.00 Grooming Shop $ 30.00 $ 30.00 $ 30.00 Commercial Riding Stable 10 or less $ 75.00 $ 75.00 $ 75.00 Commercial Riding Stable 11 -50 $150.00 $ 150.00 $ 150.00 Commercial Riding Stable 51 or more $ 200.00 $ 200.00 $ 200.00 Annual Crescent Bend Riding Permit, per horse $100.00 $ 100.00 $ 100.00 Auction $100.00 $ 100.00 $ 100.00 Zoological Park $ 200.00 $ 200.00 $ 200.00 Animal Exhibition /Circus /Petting Zoo $100.00 $ 100.00 $ 100.00 Guard Dog Training Center $ 200.00 $ 200.00 $ 200.00 Obedience Training Center $ 50.00 $ 50.00 $ 50.00 Commercial Establishment Using a Guard Dog $ 75.00 $ 75.00 $ 75.00 Commercial Annual Sellers Permit $150.00 $ 150.00 $ 150.00 Dangerous Dog Permit $ 200.00 $ 200.00 $ 200.00 Temporary Permit* - not to exceed 7 days $ 15.00 $ 15.00 $ 15.00 `Good for Crescent Bend Riding (per horse), Animal Exhibition /Circus /Petting Zoo, and Auction Permits Temporary Animal Sales Permit (Pet Expos), not to exceed 3 days $ 30.00 $ 30.00 $ 30.00 Impoundment Fee: An impoundment fee must be paid for each captured animal Dog /Cat Impoundment Within a 1 year period 1st Offense Neutered $ 30.00 $ 30.00 $ 30.00 Un- neutered $ 45.00 $ 45.00 $ 45.00 2nd Offense Neutered $ 50.00 $ 50.00 $ 50.00 Un- neutered $ 70.00 $ 70.00 $ 70.00 3rd Offense Neutered $100.00 $ 100.00 $ 100.00 Un- neutered $120.00 $ 120.00 $ 120.00 4th Offense Neutered $150.00 $ 150.00 $ 150.00 Un- neutered $170.00 $ 170.00 $ 170.00 Each Additional Offense Base- Neutered $150.00 $ 150.00 $ 150.00 Base- Un- neutered $170.00 $ 170.00 $ 170.00 Per Additional Offense $ 50.00 $ 50.00 $ 50.00 Fowl or other small animal $ 30.00 $ 30.00 $ 30.00 Livestock $ 75.00 $ 75.00 $ 75.00 Zoological /Circus animal $ 200.00 $ 200.00 $ 200.00 14 City of Schertz Schedule of Fees Animal Services I 201717 2017 -18 2018 -19 Boarding Fee: A boarding fee must be paid for each animal Dog /Cat, per day Fowl or other small animal, per day Reptile, per day Livestock, per day Zoological /Circus animal, per day Surrender Fee: Charge per animal with proof of Schertz residency Fowl /Reptile /Small Animal Dog /Cat neutered /spayed /current rabies cert. /heartworm negative Dog /Cat all other surrenders Small Livestock Large Livestock Zoological or Circus Litter Fee (3 or more animals under 2 months old) Quarantine Fee: Dog /Cat Plus Daily Charge per animal for boarding Micro Chipping Trap Rental Fee: Trap Deposit, refundable when trap is returned Trap Rental Fee, per day $ 15.00 $ 15.00 $ 15.00 $ 10.00 $ 10.00 $ 10.00 $ 30.00 $ 30.00 $ 30.00 $ 50.00 $ 50.00 $ 50.00 $ 200.00 $ 200.00 $ 200.00 $ 10.00 $ 10.00 $ 10.00 $ 35.00 $ 35.00 $ 35.00 $ 65.00 $ 65.00 $ 65.00 $ 50.00 $ 50.00 $ 50.00 $100.00 $ 100.00 $ 100.00 $ 200.00 $ 200.00 $ 200.00 $ 75.00 $ 75.00 $ 75.00 $ 50.00 $ 50.00 $ 50.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 75.00 $ 75.00 $ 75.00 $ 5.00 $ 5.00 $ 5.00 15 City of Schertz Schedule of Fees Marshal Service 1 2016 -17 2017 -18 2018 -19 Health Division Food Establishment Fees: Non- Profit Organizations (regardless of number of employees) $ 100.00 $ 100.00 $ 100.00 1 -3 Employees $ 150.00 $ 150.00 $ 150.00 4 -6 Employees $ 285.00 $ 285.00 $ 285.00 7 -10 Employees $ 540.00 $ 540.00 $ 540.00 11 -20 Employees $ 575.00 $ 575.00 $ 575.00 21+ Employees $ 725.00 $ 725.00 $ 725.00 Temporary Food and/or Beverage Establishment $ 50.00 $ 50.00 $ 50.00 Mobile Vendors $ 150.00 $ 150.00 $ 150.00 Public and HOA Swimming Pool License $ 110.00 $ 110.00 $ 110.00 Foster Care $ 50.00 $ 50.00 $ 50.00 Re- inspection fees $ 75.00 $ 75.00 $ 75.00 * City Code Violation Court Fee $ 10.00 $ 10.00 $ 10.00 Nuisance Abatement Administrative Fee $ 100.00 $ 100.00 $ 100.00 *Any citation issued by individuals defined in Section 22 -40 (Authority to issue notice of violations), shall be able to collect a dismisal fee from an individual who abates such violation upon their court appearance. Judge Stephen Takas suggested that we charge a dismisal fee to remedy some of the expenses incurred from the issuance of such citation. Sanitation Inspection Fees - Outside of City Hourly Charge, one hour minimum Mileage over 15 miles, per mile Administrative Fee $ 50.00 $ 50.00 $ 50.00 $ 5.00 $ 5.00 $ 5.00 15% 15% 115% City of Schertz Schedule of Fees Police Department 2016 -17 2017 -18 2018 -19 Alarm Permit Fees $150.00 $150.00 $ 150.00 Residential - Annually $ 10.00 $ 10.00 $ 10.00 Tier 1 Commercial $ 25.00 $ 25.00 $ 25.00 Tier 2 Commercial site alarm system required $ 50.00 $ 50.00 $ 50.00 under local, state or national code $500.00 $500.00 $ 500.00 Alarm Service Fees: Other than Burglar Alarms 4TH False Alarm within 12 Mo. Period $100.00 $100.00 $ 100.00 5TH False Alarm within 12 Mo. Period $150.00 $150.00 $ 150.00 6TH False Alarm within 12 Mo. Period $200.00 $200.00 $ 200.00 7TH False Alarm within 12 Mo. Period $250.00 $250.00 $ 250.00 8TH False Alarm within 12 Mo. Period $500.00 $500.00 $ 500.00 Others After 8TH within 12 Mo. Period $500.00 $500.00 $ 500.00 Burglar Alarm Service Fees: 4TH False Alarm within 12 Mo. Period $ 50.00 $ 50.00 $ 50.00 5TH False Alarm within 12 Mo. Period $ 50.00 $ 50.00 $ 50.00 6TH False Alarm within 12 Mo. Period $ 75.00 $ 75.00 $ 75.00 7TH False Alarm within 12 Mo. Period $ 75.00 $ 75.00 $ 75.00 8TH False Alarm within 12 Mo. Period $100.00 $100.00 $ 100.00 Others After 8TH within 12 Mo. Period $100.00 $100.00 $ 100.00 Miscellaneous Fees Accident Reports, each $ 6.00 $ 6.00 $ 6.00 Fingerprints, per set $ 10.00 $ 10.00 $ 10.00 Solicitor /Peddler Permit $ 50.00 $ 50.00 $ 50.00 Background Check Fee $ 10.00 $ 10.00 $ 10.00 BODY CAM VIDEO ($1.00 per minute +$10.00) N/A $ 10.00 $ 10.00 17 City of Schertz Schedule of Fees Fire Department and Haz -Mat Fees 1 2016 -171 2017 -181 2018 -19 Permit Fee Schedule $ 25.00 $ 25.00 Certificate of Occupancy - Inspections $ 50.00 $ 50.00 $ 50.00 License Inspections $ 50.00 $ 50.00 $ 50.00 Base Fire Suppression System Installation $ 100.00 $100.00 $ 100.00 Additional installation charge, per sprinkler head $ 1.00 $ 1.00 $ 1.00 Base Fire Alarms Installation $ 100.00 $100.00 $ 100.00 Additional installation charge, per initiating or notification device $ 1.00 $ 1.00 $ 1.00 Re- Inspection $ 45.00 $ 45.00 $ 45.00 Smoke Control System Plan (for each review) $ 75.00 $ 75.00 $ 75.00 Flammable or combustible liquid tanks, each review $ 150.00 $150.00 $ 150.00 Flammable or combustible gas tanks, each review $ 150.00 $150.00 $ 150.00 After hours fee, per hour per inspector $ 60.00 $ 60.00 $ 60.00 (beyond the hours of 8:00 a.m. to 5:00 p.m.) $ 50.00 Combustible Dust Product Options $ Plan Review Fees, construction per hour $ 50.00 $ 50.00 $ 50.00 Plan Review Rush, Outsource - Sent out by Fire Marshal $ 50.00 Cost Cost SFR After Hours Plan Review Rush (per hour, 2 hour minimum) 50.00 Haz -mat $ 65.00 $ 65.00 Fireworks display permit $ 250.00 $ 250.00 $ 250.00 Operational Permits Open or Control Burn - Commercial $ 150.00 $150.00 $ 150.00 Open or Control Burn - Non - commercial $ 25.00 $ 25.00 $ 25.00 Tents $ 50.00 $ 50.00 $ 50.00 Cutting and Welding $ 50.00 $ 50.00 $ 50.00 Explosives $ 50.00 $ 50.00 $ 50.00 Flammable Storage $ 50.00 $ 50.00 $ 50.00 Carnivals and Fairs $ 50.00 $ 50.00 $ 50.00 Food Booth (per booth, per event) $ 25.00 $ 25.00 $ 25.00 Mobile Food Establistments (annual) $ 25.00 $ 25.00 $ 25.00 Battery Systems $ 50.00 $ 50.00 $ 50.00 Combustible Dust Product Options $ 50.00 $ 50.00 $ 50.00 Cryogenic Fluids $ 50.00 $ 50.00 $ 50.00 Haz -mat $ 50.00 $ 50.00 $ 50.00 Lumberyards $ 50.00 $ 50.00 $ 50.00 Spraying and Dipping $ 50.00 $ 50.00 $ 50.00 Storage of Tires $ 50.00 $ 50.00 $ 50.00 Operation Charges Hazardous materials operations service fees. The current replacement cost shall be charged for the use of consumable haz -mat supplies and firefighting agents ACTUAL ACTUAL If any protective equipment or firefighting equipment is damaged or contaminated, the current replacement cost shall be charged. ACTUAL ACTUAL Personnel cost will be calculated at the rate for the responding crew members. ACTUAL ACTUAL Rre Watch Fee, cost based on weighted salary of disptached employee ACTUAL. iu.* City of Schertz Schedule of Fees EMS 1 2016 -17 2017 -18 2018 -19 Response Services Ambulance Standby, per hour Aid Call $ 200.00 $ 200.00 $ 200.00 Air Medical Assist Call $ 700.00 $ 700.00 $ 700.00 BLS Non- Emergency $1,090.00 $ 1,090.00 $1,090.00 BLS Emergency $1,210.00 $ 1,210.00 $1,210.00 ALS Non Emergency $1,230.00 $ 1,230.00 $1,230.00 ALS Emergency No Specialty Care $1,440.00 $ 1,440.00 $1,440.00 ALS Emergency W \ Specialty Care $1,600.00 $ 1,600.00 $1,600.00 Mileage, per mile $ 20.00 $ 20.00 $ 20.00 Other Services Ambulance Standby, per hour $ 125.00 $ 125.00 $ 125.00 Gator Standby, per hour $ 95.00 $ 95.00 $ 95.00 AED Supplies Actual Actual Actual CPR Class and Supplies Actual Actual Actual System Continuing Education Actual Actual Actual Vaccinations Actual Actual Actual EMT Class $1,000.00 $ 1,100.00 $1,100.00 Passport to Care - Single (insured) $ 50.00 $ 50.00 $ 50.00 Passport to Care - Family (insured) $ 60.00 $ 60.00 $ 60.00 Passport to Care - Single (Not insured) $ 65.00 $ 65.00 $ 65.00 Passport to Care - Family (Not insured) $ 75.00 $ 75.00 $ 75.00 1F7 City of Schertz Schedule of Fees Planning and Zoning 2015 -16 1 2016 -17 2018 -19 Plat recording service: Fees assessed are due prior to recording: Plat recording fee is equal to the fee charged by the County Clerks Office Annexation Petition by Property Owner - Plus all related fees $ 750.00 $ 750.00 $ 750.00 Zone Change Zone change for 0 to 2 acres $ 650.00 $ 650.00 $ 650.00 Zone change for 2+ to 5 acres $1,000.00 $1,000.00 $ 1,000.00 Zone change for 5+ to 20 acres $ 2,000.00 $ 2,000.00 $ 2,000.00 Zone change for 20+ to 50 acres $ 3,500.00 $ 3,500.00 $ 3,500.00 Zone change for 50+ to 100 acres $ 4,000.00 $ 4,000.00 $ 4,000.00 Zone change for 100+ acres $ 6,000.00 $ 6,000.00 $ 6,000.00 Specific Use Permit (SUP) - plus other applicable items (i.e. Site Plan) Specific Use Permit (SUP) for 0 to 2 acres $ 650.00 $ 650.00 $ 650.00 Specific Use Permit (SUP) for 2+ to 5 acres $1,000.00 $1,000.00 $ 1,000.00 Specific Use Permit (SUP) for 5+ to 20 acres $ 2,000.00 $ 2,000.00 $ 2,000.00 Specific Use Permit (SUP) for 20+ to 50 acres $ 3,500.00 $ 3,500.00 $ 3,500.00 Specific Use Permit (SUP) for 50+ to 100 acres $ 4,000.00 $ 4,000.00 $ 4,000.00 Specific Use Permit (SUP) for 100+ acres $ 6,000.00 $ 6,000.00 $ 6,000.00 Building addition of a current/legal SUP $ 500.00 $ 500.00 $ 500.00 Master Development Plan All phased developments and PDD's $1,500.00 $1,500.00 $ 1,500.00 Master Development Plan Amendment (minor revision) $ 500.00 $ 500.00 $ 500.00 Preliminary Plat 0 to 50 acres $ 2,000.00 $ 2,000.00 $ 2,000.00 greater than 50 acres $ 3,000.00 $ 3,000.00 $ 3,000.00 Final Record Plat or Re -plat 0 to 50 acres $1,500.00 $1,500.00 $ 1,500.00 greater than 50 acres $ 2,000.00 $ 2,000.00 $ 2,000.00 Revised Final Plat (minor) $ 500.00 $ 500.00 $ 500.00 Amended Plat $1,500.00 $1,500.00 $ 1,500.00 Minor Plat $1,500.00 $1,500.00 $ 1,500.00 Vacate Plat $1,500.00 $1,500.00 $ 1,500.00 Plat Time Extension - plus all related fees $ 250.00 $ 250.00 $ 250.00 Street and Subdivision Name Changes $1,500.00 $1,500.00 $ 1,500.00 20 City of Schertz Schedule of Fees Planning and Zoning 2015 -16 1 2016 -17 2018 -19 Site Plan Amended Site Plan (minor) Time Extension Park Fees - Residential Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication: per dwelling unit Park Development Fee: Per Dwelling unit Park Fees - Multi- Family Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication; per dwelling unit: Park Development Fee: Per Dwelling unit Miscellaneous Tree Mitigation, inch of DBH - Plus all related fees Second and subsequent development reviews per quarter hour Legal Review (Le. Improvennent Agreements) Zoning Verification Letter - Single tract of land per Tract Certificate of Determination - Single Tract of Land per Tract Postponement of any Public Hearing by the Applicant $1,500.00 $1,500.00 $ 1,500.00 $ 500.00 $ 500.00 $ 500.00 2513.00 - 250.00 - - - -2 0.00 $ 350.00 $ 350.00 $ 350.00 $ 650.00 $ 650.00 $ 650.00 $ 350.00 $ 350.00 $ 350.00 $ 650.00 $ 650.00 $ 650.00 $ 1yry0??;0+;.0+0�� $ 100.00 $ 100.00 Factual $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 350.00 $ 350.00 $ 350.00 Appeals and requests for amendments Considered by City Council, the Planning & Zoning Commission, the Building and Standards Commission, or the Board of Adjustment as allowed by the Unified Development Code: $ 750.00 $ 750.00 $ 750.00 Variance and /or Waivers Unified Development Code, ea. Building Code, ea. Driveway width waiver requests will not be assessed with the waiver fee Copies, Plans, and Maps: Unified Development Code Public Works Specification Manual Staff Review - Application completeness review, internal SDR (staff) review & meeting with applicant to review application package. Fee included in all applications. $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 21 City of Schertz Schedule of Fees Inspections 1 2015 -16 2016 -17 2018 -19 Building Permit Fees Preliminary Plan Review, per hour (2 hour minimum) $ 100.00 $ 100.00 New Construction Per Square Foot - Residential $ 75.00 $ 75.00 $ 75.00 New Construction - Commercial Cost Cost Cost Review of Projects and Construction Plans with a cost of $5,000 or greater, as % of Permit $ 100.00 $ 100.00 Fee 50% 50% 50% All plan review fees that follow are subject to a 15% administrative fee Drainage Plan Review, per hour (2 hour minimum) $ 100.00 $ 100.00 $ 100.00 Preliminary Plan Review, per hour (2 hour minimum) $ 100.00 $ 100.00 $ 100.00 Irrigation Plan Review, per hour (2 hour minimum) $ 100.00 $ 100.00 $ 100.00 Additional Plan Review (ie Revised), per hour (1 hour minimum) $ 100.00 $ 100.00 $ 100.00 Commercial /Civil Express Plan Review, per hour (2 hour minimum)* TBD TBD TBD Commercial /Civil Outsource Plan Review* Actual Actual Actual *Deposit Required Construction beginning without permit, pay additional: $ 200.00 $ 200.00 $ 200.00 Failure to Request Inspection, per trade $ 100.00 $ 100.00 $ 100.00 Failure to Obtain Contractors License /Provide Insurance $ 100.00 $ 100.00 $ 100.00 Permit Fees: Cost of Construction (Cost) $0.00 to $1,000.00 $ 50.00 $ 50.00 $ 50.00 $1,001.00 to $15,000.00, for each additional $1,000 and fraction thereof $ 8.00 $ 8.00 $ 8.00 $15,001.00 to $50,000.00, for each additional $1,000 and fraction thereof $ 7.00 $ 7.00 $ 7.00 $50,001 and up, for each additional $1,000 and fraction thereof $ 6.00 $ 6.00 $ 6.00 Following Use The Cost of Construction (Cost) Table: Flatwork /Deck Cost Cost Cost Accessory Buildings Cost Cost Cost Patio /Patio Cover Cost Cost Cost Roof Replacement Cost Cost Cost With a Roof Replacement No Charge for Solar Panel Reinstallation Permit Window Replacement Cost Cost Cost Swimming Pools in Ground Cost Cost Cost Swimming Pools above Ground Cost Cost Delete Sign Cost Cost Cost Foundation Repair Cost Cost Cost Fence (New and Replacement) $ 50.00 $ 50.00 $ 50.00 Siding /Fascia $ 75.00 $ 75.00 $ 75.00 Gutters $ 50.00 $ 50.00 $ 50.00 Temporary Building or Structure $ 50.00 $ 50.00 $ 50.00 Moving Permit Fee $ 100.00 $ 100.00 $ 100.00 Demolition Permit Fee $ 60.00 $ 60.00 $ 60.00 Mobile Home Permit Fee (plus sub - trades as necessary) $ 25.00 $ 25.00 $ 25.00 Certificate of Occupancy $ 50.00 $ 50.00 $ 50.00 Pre Certificate of Occupancy Inspection $ 200.00 $ 200.00 $ 200.00 Failure to Obtain Certificate of Occupancy $ 200.00 $ 200.00 $ 200.00 Compliance Inspection, each trade $ 50.00 $ 50.00 $ 50.00 Temporary Sign $ 30.00 $ 30.00 $ 30.00 Development Sign $ 100.00 $ 100.00 $ 100.00 Banner $ 25.00 $ 25.00 $ 25.00 Street Span Banner $ 25.00 $ 25.00 $ 25.00 Garage Sole; Permit; Includes 2 signs, limit 4 events per, year $ 22.00 $ 22.00 Delete HO , Garage Sale Perinit $ 50,00 $ 50,00 Delete Two additional garage sale sign% each $ 5.00 $ 5.00 Delete Home Occupation Permit (annually) $ 35.00 $ 35.00 $ 35.00 W City of Schertz Schedule of Fees Inspections 1 2015 -16 2016 -17 2018 -19 Electrical Permit Fees Electrical Repair /Replacement New Construction per building /unit Mechanical Permit Fees Mechanical Repair /Replacement New Construction per building /unit Plumbing Permit Fees Plumbing Repair /Replacement New Construction per building /unit Lead Solder Test Irrigation Permit Fees Permit Fee plus per sprinkler head plus per backflow or RPZ subsequent to the installation of the piping or equipment served, each Re- Inspection Fees Each re- inspection, per trade Re- inspections after first, per trade NOTE: if re- inspection has been called for and the second inspection revealed the original turn down items have not been corrected in part or whole, in addition to the above fees, a seventy -two (72) hour notice of inspection shall be required before another re- inspection will be conducted No permit fees will be charged for sites located on Main St. (All departments) $ 60.00 $ 60.00 $ 60.00 $ 100.00 $ 100.00 $ 100.00 $ 60.00 $ 60.00 $ 60.00 $ 100.00 $ 100.00 $ 100.00 $ 60.00 $ 60.00 $ 60.00 $ 100.00 $ 100.00 $ 100.00 $ 15.00 $ 15.00 $ 15.00 $ 60.00 $ 60.00 $ 60.00 $ 1.00 $ 1.00 $ 1.00 $ 3.00 $ 3.00 $ 3.00 $ 75.00 $ 75.00 $ 75.00 $ 100.00 $ 100.00 $ 100.00 23 City of Schertz Schedule of Fees Inspections 1 2015 -16 2016 -17 2018 -19 Licenses /Registrations: -- - - - -5- 00 ` ----------- 5-:4 4 n ete General Contractor (Initial) $ 150.00 $ 150.00 $ 150.00 General Contractor (Renewal) $ 100.00 $ 100.00 $ 100.00 Master Electrician (Initial) State of Texas Issued N/C N/C 30.00 N/C Journeyman Electrician (Annually) State of Texas Issued N/C N/C 6.00 N/C Apprentice/Wireman Electrician (Annually) State of Texas Issued N/C N/C f 0%-f. N/C Mechanical Contractor (Annually) State of Texas Issued N/C N/C pefraft4ee N/C Plumbing Contractor (Annually)* State of Texas Issued N/C N/C N/C Irrigation (Annually) State of Texas Issued N/C N/C N/C Backflow Tester - State of Texas Issued N/C N/C N/C Sign Contractor (Initial) $ 50.00 $ 50.00 $ 50.00 Sign Contractor (Renewal) $ 40.00 $ 40.00 $ 40.00 Electrical Sign Contractor (Initial) State of Texas Issued N/C N/C N/C Electric Sign Journeyman Electrician (Annually) State of Texas Issued N/C N/C N/C Electric Sign Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C N/C N/C Utility Contractor (Annually) $ 50.00 $ 50.00 $ 50.00 Mobile Home Park (Annually) $ 40.00 $ 40.00 $ 40.00 *N /C - No Charge for license per state law Miscellaneous Fees A i . 4 :t- pkes -- - - - -5- 00 ` ----------- 5-:4 4 n ete Street Name Change on Permit $ 30.00 $ 30.00 $ 30.00 Du lozate of. -' onses/ gi, v ..: ns _ ,&, $ 5-'GO Delete: Address Corrections $ 30.00 $ 30.00 $ 30.00 Notary Public $ 6.00 $ 6.00 $ 6.00 mt:ii,m °. otov :-p t r a ;elfot° - Gf -.P-or 't -1 % Of f 0%-f. 4.0% . permitt - Derr , 't -fee pefraft4ee For any item not specifically included in the preceding schedule, the Development Services Department shall establish a fee consistent with the level of work and necessary inspections established by the schedule and the applicant shall be advised accordingly. 24 City of Schertz Schedule of Fees Engineering 2016-171 2017A 2018-19 Grading and Clearing Permit - Acreage For non - agricultural purposes Below 5 acres $100.00 $100.00 $ 100.00 5 to 20 acres $ 250.00 $ 250.00 $ 250.00 Per acre over 20, plus base charge for 20 acres $ 3.00 $ 3.00 $ 3.00 Over 100 acres $ 490.00 $ 490.00 $ 490.00 Development Permit % of total valuation of public infrastructure improvements 1 % 1 % 1 % Reinspection Fee $ 50.00 $ 50.00 $ 51.00 Grading and Clearing Permit Fees are waived for applicants representing Home Owner's Associations proposing maintenance activities in drainage easements. 25 City of Schertz Schedule of Fees Drainage Fees 12016-1712017 2018 -19 Charge Per Residence $ 5.20 $ 5.20 $ 5.20 Commercial, per SUE $ 5.20 $ 5.20 $ 5.20 Floodplain Permit $ 20.00 $ 20.00 $ 20.00 26 City of Schertz Schedule of Fees Public Works - Streets ( 2016 -171 9.90 $ 9.90 2017 -181 $ 2018 -191 Chipping charges, per half hour $ 25.00 $ 40.00 $ 40.00 Professional services, per month Class III: Apartments $ 9.61 $ 9.90 $ 9.90 per unit/monthly Garbage Collection Fees 1 2016 -17 Class IV: Motels 2017 -18 4.24 $ 2018 -19 per unit/monthly Residential: Zone I: Once a week pick up One 96 gallon cart provided by franchisee, per month $ 12.05 $ 12.41 $ 12.41 Residents requesets 2 carts total: $ 18.05 $ 18.59 $ 18.59 Resident requests 3 carts total: $ 24.08 $ 24.80 $ 24.80 Resident requests 4 carts total: $ 30.09 $ 30.99 $ 30.99 Recycling Fee, per month /container $ 1.99 $ 2.05 $ 2.05 Zone 2: Single Family, twice per week pick up, per month, no cart provided $ 12.05 $ 12.41 $ 12.41 Recycling Fee, per month /container $ 1.99 $ 2.05 $ 2.05 Front Porch Pick Up $ 17.59 $ 18.11 $ 18.11 Recycling Fee, per month /container $ 1.99 $ 2.05 $ 2.05 Special Pickup: Move Ins, Special Tree Trimmings, oversize $ 16.79 $ 17.29 $ 17.29 materials, & similar circumstances; minimum Class II: Mobile Home Parks $ 9.61 $ 9.90 $ 9.90 Mobile Home Parks (2 or more mobile homes) $ 15.70 Offices, barber shops and (based on number in park on the 15th day of the month), per unit/monthly Professional services, per month Class III: Apartments $ 9.61 $ 9.90 $ 9.90 per unit/monthly Class VI: $ 26.30 Class IV: Motels $ 4.24 $ 4.37 $ 4.37 per unit/monthly 2. Commercial Class V: $ 15.25 $ 15.70 $ 15.70 Offices, barber shops and Professional services, per month Class VI: $ 26.30 $ 27.08 $ 27.08 Light retail, wholesale, commercial or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc., per month Class VII: $ 38.20 $ 39.34 $ 39.34 Medium retail, wholesale commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc.), per month 2 Cart, 1 pickup per week $ 39.43 $ 40.61 $ 40.61 27 City of Schertz Schedule of Fees Garbage Collection Fees 2016 -17 2017-181 2018 -19 Class Vlll: Heavy Volume retail wholesale, commercial, or industrial (placement determined by a time and cost study of refuse generation and collection. The categories in this class usually require hand loading from rooms or pens and would not apply when commercial containers are used.) A. Two weekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores, per month B. Two weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month D. Four weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month E. Five weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month F. Six weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month G. Customer requiring more than four (4) cu. Yds each pickup would be charged per cu. Yds. Collected., per yard $ 67.87 $ 69.89 $ 69.89 $ 135.73 $ 139.77 $ 139.77 $ 212.09 $ 218.41 $ 218.41 $ 254.47 $ 262.05 $ 262.05 $ 339.31 $ 349.42 $ 349.42 $ 424.20 $ 436.84 $ 436.84 $ 4.70 $ 4.84 $ 4.84 28 City of Schertz Schedule of Fees Garbage Collection Fees 2016 -17 2017-181 2018 -19 3. Commercial Containers. CONTRACTOR will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such CONTRACTOR provided containers is required by this contract. Rates for containers and pickup will be based on the following table: Container Size: Frequency of Pickup 2017 - 18/2018 -19 1 2 3 4 5 2 cu. Yard $ 59.45 $ 101.23 $ 122.28 $ 139.79 $157.26 3 cu. Yard $ 71.65 $ 129.26 $ 178.23 $ 204.38 $ 230.63 4 cu. Yard $ 89.06 $ 153.79 $ 209.65 $ 253.32 $297.04 6 cu. Yard $ 125.84 $ 209.65 $ 288.30 $ 366.95 $445.49 8 cu. Yard $ 148.53 $ 270.81 $ 375.60 $ 480.46 $ 586.04 10 cu. Yard $ 171.19 $ 314.45 $ 445.49 $ 559.12 $672.64 Commercial Recycle Hauling Permit E, $ 174.72 $ 256.82 $ 340.71 $ 524.14 $ 690.14 $ 786.19 $ 2,500.00 $ 2,500.00 $2,500.00 29 City of Schertz Schedule of Fees (Garbage Collection Fees ( 2016 -171 2017 -181 2018 -191 4. Roll -Off Rates Per Pull Open Top Containers - Dry Material 20 cu. Yard $ 313.85 $ 323.20 $ 323.20 30 cu. Yard $ 373.22 $ 384.34 $ 384.34 40 cu. Yard $ 432.60 $ 445.49 $ 445.49 Roll -off Rental (no pulls within billing cycle) $ 129.78 $ 133.65 $ 133.65 per container per month Collection and Disposal of Municipal Wastes $ 28.84 $ 29.70 $ 29.70 5. Wet Material Rates on Compactor containers $ 36.05 $ 37.12 $ 37.12 or open top containers with wet material must be $ 43.27 $ 44.56 $ 44.56 negotiated with customers at the time they are $ 50.48 $ 51.98 $ 51.98 needed. This type of waste must be hauled to a $ 57.69 $ 59.41 $ 59.41 Type I landfill which generally has a higher $ 64.89 $ 66.82 $ 66.82 disposal rate attached to it. $ 28.93 $ 29.79 $ 29.79 Roll -off Container Delivery Charge per container $ 37.82 $ 38.95 $ 38.95 Roll -off Relocation or Trip Charge per container $ 37.82 $ 38.95 $ 38.95 2 cu. Yard compactor, per month (2 services per week) $ 223.61 $ 230.27 $ 230.27 Extra pick ups (2 yard compactor), each $ 84.78 $ 87.31 $ 87.31 4 cu. Yard compactor, per month (2 services per week) $ 460.66 $ 474.39 $ 474.39 30 cu yard Compactor, per pull $ 568.36 $ 585.30 $ 585.30 40 cu yard Compactor, per pull $ 675.25 $ 695.37 $ 695.37 30 cu yard Open -top (Recycle), per pull $ 211.95 $ 218.27 $ 218.27 Front -Load container extra pick -up charges 2 cu yard $ 28.84 $ 29.70 $ 29.70 3 cu yard $ 36.05 $ 37.12 $ 37.12 4 cu yard $ 43.27 $ 44.56 $ 44.56 6 cu yard $ 50.48 $ 51.98 $ 51.98 8 cu yard $ 57.69 $ 59.41 $ 59.41 10 cu yard $ 64.89 $ 66.82 $ 66.82 OVER WEIGHT CHARGE $ 28.93 $ 29.79 $ 29.79 To address non standard requests, the solid waste contractor can negotiate a fee with the customer requesting the service. The City will collect 15% of the negotiated fee per the franchise agreement. 30 City of Schertz Schedule of Fees Business Office 1 2016 -171 2017 -181 2018 -19� Water Deposit 5.00 2 free extensions In City $125.00 $125.00 $ 125.00 Out of City $150.00 $150.00 $ 150.00 Commercial $100.00 $100.00 $ 100.00 or 2.5 times estimated monthly billing 2.5x 2.5x 2.5x Disconnect Fee $ 20.00 $ 20.00 $ 20.00 Extension Fee $ 5.00 $ 5.00 $ 5.00 2 free extensions Transfer Fee $ 10.00 $ 10.00 $ 10.00 Garbage Deposit Residential $ 25.00 $ 25.00 $ 25.00 Commercial $100.00 $100.00 $ 100.00 or 2 1/2 times estimated monthly billing 2.5x 2.5x 2.5x Meter Flow Test After Hours Disconnect/Reconnect $ 50.00 $ 50.00 $ 50.00 City Field Test $ 10.00 $ 10.00 $ 10.00 City Meter Bench Flow Test $ 25.00 $ 25.00 $ 25.00 Schertz Seguin Water Customers $ 4.00 $ 4.00 $ 4.00 Non- Schertz Seguin Customer $ 15.00 $ 15.00 $ 15.00 Extended Absence Charge $ 10.00 $ 10.00 $ 10.00 Re- Installation Fee, per hour $ 50.00 $ 50.00 $ 50.00 Fire Hydrant Fee Deposit $ 200.00 $ 200.00 $ 200.00 Service Fee $ 50.00 $ 50.00 $ 50.00 31 City of Schertz Schedule of Fees Public Works 1 2016 -17 2017-181 2018 -19 Permit Fees - If tie into manhole or $ 25.00 $ 25.00 $ 25.00 street cut Fire Line Type Nos. 1 and 2 - (non- metered), in City 4 -inch service line connection or smaller $ 175.00 $ 175.00 $ 175.00 6 inch $ 235.00 $ 235.00 $ 235.00 8 inch $ 290.00 $ 290.00 $ 290.00 10 inch $ 340.00 $ 340.00 $ 340.00 12 inch $ 405.00 $ 405.00 $ 405.00 Fire Line - Outside City 4 -inch service line connection or smaller $ 225.00 $ 225.00 $ 225.00 6 inch $ 305.00 $ 305.00 $ 305.00 8 inch $ 375.00 $ 375.00 $ 375.00 10 inch $ 440.00 $ 440.00 $ 440.00 12 inch $ 525.00 $ 525.00 $ 525.00 Meter Installation Fees - Inside the City Meter Size 5/8" X 3/4" 3/4" X 3/4" 1" X 1" 1.5" X 1/5" 2" X 2" *2" turbine *3" Comp *3" turbine *4" Comp *4" turbine $ 275.00 $ 330.00 $ 330.00 $ 302.00 $ 345.00 $ 345.00 $ 385.00 $ 450.00 $ 450.00 $ 646.00 $ 880.00 $ 880.00 $ 1,822.00 $ 1,940.00 $ 1,940.00 Cost + Labor Cost + Labor Dost + Labor Cost + Labor Cost + Laboi.ost + Labor Cost + Labor Cost + Laboi,ost + Labor Cost + Labor Cost + Laboi,ost + Labor Cost + Labor Cost + Laboi,ost + Labor 32 City of Schertz Schedule of Fees Public Works 1 2016 -17 2017-181 2018 -19 Meter Installation Fees - Outside the City Meter Size 5/8" X 3/4" 3/4" X 3/4" 1" X 1" 1.5" X 1/5" 2" X 2" *2" turbine *3" Comp *3" turbine *4" Comp *4" turbine Fire Hydrant Meter for Construction Deposit (refundable) Service Charge Wholesale Water Distribution Rate Base Rate, per month 3 Inch Compound Meter 3 Inch Turbine Meter 4 Inch Compound Meter 4 Inch Turbine Meter 6 Inch Compound Meter 6 Inch Turbine Meter 8 Inch Compound Meter 8 Inch Turbine Meter 10 Inch Compound Meter 10 Inch Turbine Meter 12 Inch Turbine Meter Available by agreement to distributors with a self- maintained water distribution service, Military Bases, and for temporary use until reuse water is made available in a particular area. Network Nodes Application Additional for each node over 5 on the application (up to 30) Annual Public Right of Way Node Support Pole Application Fee Collaction Fee for Network Nodes on City Service Poles, per pole Transport Facilities Application Additional for each node over 5 on the application (up to 30) Rental Fee for Transport Facilities, per device per month Annual Public Right of Way Fee Permit Fees will be due at the time of the permit submission. Permit will not be accepted if the permit fee is not attached. Other fees will be assessed at the time of permit approval $ 285.00 $ 340.00 $ 340.00 $ 312.00 $ 355.00 $ 355.00 $ 395.00 $ 460.00 $ 460.00 $ 656.00 $ 890.00 $ 890.00 $ 1,832.00 $ 1,950.00 $ 1,950.00 Cost + Labor most + Labor :ost + Labor Cost + Labor most + Labor :ost + Labor Cost + Labor most + Labor :ost + Labor Cost + Labor most + Labor :ost + Labor Cost + Labor most + Labor :ost + Labor $ 200.00 $ 200.00 $ 200.00 $ 50.00 $ 50.00 $ 50.00 $ 315.28 $ 315.28 $ 315.28 $ 472.92 $ 472.92 $ 472.92 $ 492.63 $ 492.63 $ 492.63 $ 827.62 $ 827.62 $ 827.62 $ 985.26 $ 985.26 $ 985.26 $ 1,812.88 $ 1,812.88 $ 1,812.88 $ 1,576.80 $ 1,576.80 $ 1,576.80 $ 3,153.60 $ 3,153.60 $ 3,153.60 $ 2,266.65 $ 2,266.65 $ 2,266.65 $ 4,927.50 $ 4,927.50 $ 4,927.50 $ 6,504.30 $ 6,504.30 $ 6,504.30 $ 500.00 $ 500.00 $ 250.00 $ 250.00 $ 250.00 $ 250.00 $ 1,000.00 $ 1,000.00 $20.00 per n $20.00 per month $ 500.00 $ 500.00 $ 250.00 $ 250.00 $ 28.00 $ 28.00 $ 250.00 $ 250.00 33 City of Schertz Schedule of Fees Sewer Rates 2016 -17) 2017 -181 2018 -191 Residential Rates (Single Family) Base Rate -per month $11.16 $11.72 $ 11.72 Per 1,000 gal Charge, Per Month City line Maintenance fee plus Franchise fee $ 0.44 $ 0.46 $ 0.46 User Charge based on 100% of avg consumption mo. $ 3.35 $ 158 $ 158 User avg. based on Nov, Dec, and Jan, min. 500 gals. 3.58 Per 1,000 gal charge Total- 12,000 gallons or less $ 3.88 $ Per 1,000 gal charge Total- 12,000 gallons or less $ 3.79 $ 4.04 $ 4.04 greater than 12,000 gallons $ 8.34 $ 8.76 $ 8.76 Business and Multi - family Dwelling Units: Base Rate per month $14.03 $14.73 $ 14.73 The base rate shall be assessed in terms of connection equivalents which shall be as follows: the customer's previous 12 month water consumption as determined at the annual re- rating in February divided by 365, with the results of such division then divided by 245 gallons. The figure arrived at by the second division shall be the customer's "connection equivalent ". Each business shall be assessed a base rate. Per 1,000 gal Charge, Per Month Line Maintenance - Commercial /Industrial users plus Franchise fee $ 0.53 $ 0.55 $ 0.55 User Charge -based on 100% of water consumed $ 3.35 $ 3.58 $ 3.58 Per 1,000 gal charge Total- 12,000 gallons or less $ 3.88 $ 4.14 $ 4.14 greater than 12,000 gallons $ 8.42 $ 8.84 $ 8.84 Public Schools $ 8.42 $ 8.84 $ 8.84 Base Rate per month Base Rate -each public school shall be assessed a $14.03 $14.73 $ 14.73 base rate per connection equivalent determined as in Business and Multi- family dwelling units above. (per month) Per 1,000 gal Charge, Per Month Line Maintenance- Commercial/Industrial users $ 0.53 $ 0.55 $ 0.55 User Charge -based on 100% of all water consumed $ 3.35 $ 3.58 $ 3.58 Per 1,000 gal charge Total- 12,000 gallons or less $ 3.88 $ 4.14 $ 4.14 greater than 12,000 gallons $ 8.42 $ 8.84 $ 8.84 For Information Purposes Only: Cibolo Creek Municipal Authority (CCMA), Per 1,000 gallons $ 3.35 $ 3.58 $ 3.58 includes 5% franchise fee 34 City of Schertz Schedule of Fees Water Impact Fees 2015 -16 2016-171 2018 -19 LUEs Meter Size Meter Type Water 5/8" SIMPLE 1.0 $ 2,934 $ 2,934 $ 2,934 3/4" SIMPLE 1.5 $ 4,401 $ 4,401 $ 4,401 1" SIMPLE 2.5 $ 7,335 $ 7,335 $ 7,335 1.5" SIMPLE 5.0 $ 14,670 $ 14,670 $ 14,670 2" SIMPLE 8.0 $ 23,472 $ 23,472 $ 23,472 2" COMPOUND 8.0 $ 23,472 $ 23,472 $ 23,472 2" TURBINE 10.0 $ 29,340 $ 29,340 $ 29,340 3" COMPOUND 16.0 $ 46,944 $ 46,944 $ 46,944 3" TURBINE 24.0 $ 70,416 $ 70,416 $ 70,416 4" COMPOUND 25.0 $ 73,350 $ 73,350 $ 73,350 4" TURBINE 42.0 $ 123,228 $ 123,228 $ 123,228 6" COMPOUND 50.0 $ 146,700 $ 146,700 $ 146,700 6" TURBINE 92.0 $ 269,928 $ 269,928 $ 269,928 8" COMPOUND 80.0 $ 234,720 $ 234,720 $ 234,720 9" TURBINE 160.0 $ 469,440 $ 469,440 $ 469,440 10" COMPOUND 115.0 $ 337,410 $ 337,410 $ 337,410 10" TURBINE 250.0 $ 733,500 $ 733,500 $ 733,500 12" TURBINE 330.0 $ 968,220 $ 968,220 $ 968,220 SEWER COLLECTION IMPACT FEE *Collection Impact Fee Per Living Unit Equivalent (LUE) $ 1,668 $ 1,668 $ 1,668 *Sewer based on LUE: LUE = 245 gallons per day These are only City of Schertz impact fees. Other Utility Impact Fees *Treatment Impact Fee Per LUE: $1,800.00 $1,800.00 $ 1,800.00 Schertz Seguin Local Government Corporation (SSLGC) Example by meter size: 5/8" Simple $1,306.00 $1,306.00 $ 1,306.00 ROADWAY IMAPACT FEE Residential Nome N/A $2,022.00 $ 2,022.00 Nonresidential, per service unit* N/A $ 100.00 $ 100.00 *The number of service units are based on the use of the property. A fee calculator is available on the City Website under the Engineering page 35 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018 -19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY = OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/81N 0 $ 23.89 $ 2.95 $ 28.94 $ 5.91 CODE 1 6,000 $ 41.59 $ 3.00 $ 64.40 $ 5.98 9,000 $ 50.59 $ 3.24 $ 82.34 $ 6.50 12,000 $ 60.31 $ 3.50 $ 101.84 $ 6.98 15,000 $ 70.81 $ 3.71 $ 122.78 $ 7.38 18,000 $ 81.94 $ 4.67 $ 144.92 $ 9.24 30,000 $ 137.98 $ 5.30 $ 255.81 $ 10.49 45,000 $ 217.48 $ 5.64 $ 413.16 $ 11.15 60,000 $ 302.08 $ 5.85 $ 580.42 $ 11.53 75,000+ $ 389.83 $ 5.97 $ 753.37 $ 11.78 3/4 IN 0 $ 35.82 $ 2.95 $ 46.76 $ 5.91 CODE 2 6,000 $ 53.52 $ 3.00 $ 82.22 $ 5.98 9,000 $ 62.52 $ 3.24 $ 100.16 $ 6.50 12,000 $ 72.24 $ 3.50 $ 119.66 $ 6.98 15,000 $ 82.74 $ 3.71 $ 140.60 $ 7.38 18,000 $ 93.87 $ 4.67 $ 162.74 $ 9.24 30,000 $ 149.91 $ 5.30 $ 273.63 $ 10.49 45,000 $ 229.41 $ 5.64 $ 430.98 $ 11.15 60,000 $ 314.01 $ 5.85 $ 598.24 $ 11.53 75,000+ $ 401.76 $ 5.97 $ 771.19 $ 11.78 1.0 IN 0 $ 59.70 $ 2.95 $ 77.93 $ 5.91 CODE 3 6,000 $ 77.40 $ 3.00 $ 113.39 $ 5.98 9,000 $ 86.40 $ 3.24 $ 131.33 $ 6.50 12,000 $ 96.12 $ 3.50 $ 150.83 $ 6.98 15,000 $ 106.62 $ 171 $ 171.78 $ 7.38 18,000 $ 117.75 $ 4.67 $ 193.92 $ 9.24 30,000 $ 173.79 $ 5.30 $ 304.80 $ 10.49 45,000 $ 253.29 $ 5.64 $ 462.15 $ 11.15 60,000 $ 337.89 $ 5.85 $ 629.41 $ 11.53 75,000+ $ 425.64 $ 5.97 $ 802.36 $ 11.78 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018 -19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY = OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 1 1/2 IN 0 $ 142.84 $ 2.95 $ 155.85 $ 5.91 CODE 4 15,000 $ 187.09 $ 3.00 $ 244.50 $ 5.98 30,000 $ 232.09 $ 3.24 $ 334.21 $ 6.50 45,000 $ 280.69 $ 3.50 $ 431.71 $ 6.98 60,000 $ 333.19 $ 3.71 $ 536.42 $ 7.38 75,000 $ 388.84 $ 4.67 $ 647.12 $ 9.24 100,000 $ 505.59 $ 5.30 $ 878.13 $ 10.49 125,000 $ 638.09 $ 5.64 $ 1,140.39 $ 11.15 150,000 $ 779.09 $ 5.85 $ 1,419.15 $ 11.53 175,000+ $ 925.34 $ 5.97 $ 1,707.40 $ 11.78 2 IN 0 $ 228.53 $ 2.95 $ 249.36 $ 5.91 SIMPLE 24,000 $ 299.33 $ 3.00 $ 391.21 $ 5.98 COMPOUND 48,000 $ 371.33 $ 3.24 $ 534.74 $ 6.50 CODE 5 72,000 $ 449.09 $ 3.50 $ 690.75 $ 6.98 96,000 $ 533.09 $ 3.71 $ 858.27 $ 7.38 120,000 $ 622.13 $ 4.67 $ 1,035.40 $ 9.24 160000 $ 808.93 $ 5.30 $ 1,405.02 $ 10.49 200,000 $ 1,020.93 $ 5.64 $ 1,824.63 $ 11.15 240,000 $ 1,246.53 $ 5.85 $ 2,270.64 $ 11.53 280,000+ $ 1,480.53 $ 5.97 $ 2,731.85 $ 11.78 21N 0 $ 285.66 $ 2.95 $ 311.71 $ 5.91 TURBINE 30,000 $ 374.16 $ 3.00 $ 489.02 $ 5.98 CODE 6 60,000 $ 464.16 $ 3.24 $ 668.43 $ 6.50 90,000 $ 561.36 $ 3.50 $ 863.44 $ 6.98 120,000 $ 666.36 $ 3.71 $ 1,072.85 $ 7.38 150,000 $ 777.66 $ 4.67 $ 1,294.26 $ 9.24 200,000 $ 1,011.16 $ 5.30 $ 1,756.27 $ 10.49 250,000 $ 1,276.16 $ 5.64 $ 2,280.79 $ 11.15 300,000 $ 1,558.16 $ 5.85 $ 2,838.30 $ 11.53 350,000+ $ 1,850.66 $ 5.97 $ 3,414.82 $ 11.78 37 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018 -19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY = OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 457.06 $ 2.95 $ 498.73 $ 5.91 COMPOUND 48,000 $ 598.66 $ 3.00 $ 782.42 $ 5.98 CODE 7 96,000 $ 742.66 $ 3.24 $ 1,069.48 $ 6.50 144,000 $ 898.18 $ 3.50 $ 1,381.49 $ 6.98 192,000 $ 1,066.18 $ 3.71 $ 1,716.55 $ 7.38 240,000 $ 1,244.26 $ 4.67 $ 2,070.80 $ 9.24 320,000 $ 1,617.86 $ 5.30 $ 2,810.03 $ 10.49 400,000 $ 2,041.86 $ 5.64 $ 3,649.26 $ 11.15 480,000 $ 2,493.06 $ 5.85 $ 4,541.28 $ 11.53 560,000+ $ 2,961.06 $ 5.97 $ 5,463.71 $ 11.78 3 1 N 0 $ 685.59 $ 2.95 $ 748.09 $ 5.91 TURBINE 72,000 $ 897.99 $ 3.00 $ 1,173.64 $ 5.98 CODE 8 144,000 $ 1,113.99 $ 3.24 $ 1,604.22 $ 6.50 216,000 $ 1,347.27 $ 3.50 $ 2,072.24 $ 6.98 288,000 $ 1,599.27 $ 3.71 $ 2,574.82 $ 7.38 408,000 $ 2,044.47 $ 4.67 $ 3,460.46 $ 9.24 528,000 $ 2,604.87 $ 5.30 $ 4,569.30 $ 10.49 648,000 $ 3,240.87 $ 5.64 $ 5,828.14 $ 11.15 768,000 $ 3,917.67 $ 5.85 $ 7,166.18 $ 11.53 888,000+ $ 4,619.67 $ 5.97 $ 8,549.81 $ 11.78 4 1 N 0 $ 714.16 $ 2.95 $ 779.27 $ 5.91 COMPOUND 75,000 $ 935.41 $ 3.00 $ 1,222.54 $ 5.98 CODE 9 150,000 $ 1,160.41 $ 3.24 $ 1,671.06 $ 6.50 225,000 $ 1,403.41 $ 3.50 $ 2,158.59 $ 6.98 300,000 $ 1,665.91 $ 3.71 $ 2,682.11 $ 7.38 425,000 $ 2,129.66 $ 4.67 $ 3,604.65 $ 9.24 550,000 $ 2,713.41 $ 5.30 $ 4,759.69 $ 10.49 675,000 $ 3,375.91 $ 5.64 $ 6,070.98 $ 11.15 800,000 $ 4,080.91 $ 5.85 $ 7,464.77 $ 11.53 925,000+ $ 4,812.16 $ 5.97 $ 8,906.06 $ 11.78 M City of Schertz Schedule of Fees Public Works - Water Rates 1 2018 -19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY = OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 4 IN 0 $ 1,199.80 $ 2.95 $ 1,309.16 $ 5.91 TURBINE 126,000 $ 1,571.50 $ 3.00 $ 2,053.86 $ 5.98 CODE 10 252,000 $ 1,949.50 $ 3.24 $ 2,807.37 $ 6.50 378,000 $ 2,357.74 $ 3.50 $ 3,626.41 $ 6.98 504,000 $ 2,798.74 $ 3.71 $ 4,505.93 $ 7.38 630,000 $ 3,266.20 $ 4.67 $ 5,435.85 $ 9.24 840,000 $ 4,246.90 $ 5.30 $ 7,376.32 $ 10.49 1,050,000 $ 5,359.90 $ 5.64 $ 9,579.29 $ 11.15 1,260,000 $ 6,544.30 $ 5.85 $ 11,920.85 $ 11.53 1,470,000+ $ 7,772.80 $ 5.97 $ 14,342.22 $ 11.78 61N 0 $ 1,428.33 $ 2.95 $ 1,558.53 $ 5.91 COMPOUND 150,000 $ 1,870.83 $ 3.00 $ 2,445.08 $ 5.98 CODE 11 300,000 $ 2,320.83 $ 3.24 $ 3,342.13 $ 6.50 450,000 $ 2,806.83 $ 3.50 $ 4,317.17 $ 6.98 600,000 $ 3,331.83 $ 3.71 $ 5,364.22 $ 7.38 750,000 $ 3,888.33 $ 4.67 $ 6,471.27 $ 9.24 1,000,000 $ 5,055.83 $ 5.30 $ 8,781.35 $ 10.49 1,250,000 $ 6,380.83 $ 5.64 $ 11,403.93 $ 11.15 1,500,000 $ 7,790.83 $ 5.85 $ 14,191.50 $ 11.53 1,750,000+ $ 9,253.33 $ 5.97 $ 17,074.08 $ 11.78 61N 0 $ 2,628.11 $ 2.95 $ 2,583.51 $ 5.91 TURBINE 276,000 $ 3,442.31 $ 3.00 $ 4,214.76 $ 5.98 CODE 12 552,000 $ 4,270.31 $ 3.24 $ 5,865.32 $ 6.50 828,000 $ 5,164.55 $ 3.50 $ 7,659.41 $ 6.98 1,104,000 $ 6,130.55 $ 3.71 $ 9,585.98 $ 7.38 1,380,000 $ 7,154.51 $ 4.67 $ 11,622.94 $ 9.24 1,840,000 $ 9,302.71 $ 5.30 $ 15,873.49 $ 10.49 2,300,000 $ 11,740.71 $ 5.64 $ 20,699.03 $ 11.15 2,760,000 $ 14,335.11 $ 5.85 $ 25,828.18 $ 11.53 3,220,000+ $ 17,026.11 $ 5.97 $ 31,132.12 $ 11.78 39 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018 -19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY = OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 2,308.51 $ 2.95 $ 2,269.09 $ 5.91 COMPOUND 240,000 $ 3,016.51 $ 3.00 $ 3,687.57 $ 5.98 CODE 13 480,000 $ 3,736.51 $ 3.24 $ 5,122.84 $ 6.50 720,000 $ 4,514.11 $ 3.50 $ 6,682.92 $ 6.98 960,000 $ 5,354.11 $ 3.71 $ 8,358.19 $ 7.38 1,200,000 $ 6,244.51 $ 4.67 $ 10,129.47 $ 9.24 1,600,000 $ 8,112.51 $ 5.30 $ 13,825.59 $ 10.49 2,000,000 $ 10,232.51 $ 5.64 $ 18,021.72 $ 11.15 2,400,000 $ 12,488.51 $ 5.85 $ 22,481.85 $ 11.53 2,800,000+ $ 14,828.51 $ 5.97 $ 27,093.97 $ 11.78 81N 0 $ 4,617.01 $ 2.95 $ 5,037.37 $ 5.91 TURBINE 480,000 $ 6,033.01 $ 3.00 $ 7,874.32 $ 5.98 CODE 14 960,000 $ 7,473.01 $ 3.24 $ 10,744.87 $ 6.50 1,440,000 $ 9,028.21 $ 3.50 $ 13,865.02 $ 6.98 1,920,000 $ 10,708.21 $ 3.71 $ 17,215.57 $ 7.38 2,400,000 $ 12,489.01 $ 4.67 $ 20,758.12 $ 9.24 3,200,000 $ 16,225.01 $ 5.30 $ 28,150.37 $ 10.49 4,000,000 $ 20,465.01 $ 5.64 $ 36,542.63 $ 11.15 4,800,000 $ 24,977.01 $ 5.85 $ 45,462.88 $ 11.53 5,600,000+ $ 31,997.01 $ 5.97 $ 59,299.26 $ 11.78 101N 0 $ 3,318.47 $ 2.95 $ 3,620.61 $ 5.91 COMPOUND 345,000 $ 4,336.22 $ 3.00 $ 5,659.67 $ 5.98 CODE 15 690,000 $ 5,371.22 $ 3.24 $ 7,722.88 $ 6.50 1,035,000 $ 6,489.02 $ 3.50 $ 9,965.49 $ 6.98 1,380,000 $ 7,696.52 $ 3.71 $ 12,373.70 $ 7.38 1,725,000 $ 8,976.47 $ 4.67 $ 14,919.90 $ 9.24 2,300,000 $ 11,661.72 $ 5.30 $ 20,233.09 $ 10.49 2,875,000 $ 14,709.22 $ 5.64 $ 26,265.02 $ 11.15 3,450,000 $ 17,952.22 $ 5.85 $ 32,676.45 $ 11.53 4,025,000+ $ 21,315.97 $ 5.97 $ 39,306.38 $ 11.78 it City of Schertz Schedule of Fees Public Works - Water Rates 1 2018 -19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY = OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 101N 0 $ 6,499.16 $ 2.95 $ 6,770.05 $ 5.91 TURBINE 750,000 $ 8,711.66 $ 3.00 $ 11,202.79 $ 5.98 CODE 16 1,500,000 $ 10,961.66 $ 3.24 $ 15,688.02 $ 6.50 2,250,000 $ 13,391.66 $ 3.50 $ 20,563.26 $ 6.98 3,000,000 $ 16,016.66 $ 3.71 $ 25,798.49 $ 7.38 3,750,000 $ 18,799.16 $ 4.67 $ 31,333.73 $ 9.24 5,000,000 $ 24,636.66 $ 5.30 $ 42,884.12 $ 10.49 6,250,000 $ 31,261.66 $ 5.64 $ 55,997.02 $ 11.15 7,500,000 $ 38,311.66 $ 5.85 $ 69,934.91 $ 11.53 8,750,000+ $ 45,624.16 $ 5.97 $ 84,347.80 $ 11.78 121N 0 $ 9,522.58 $ 2.95 $ 9,359.97 $ 5.91 TURBINE 990,000 $ 12,443.08 $ 3.00 $ 15,211.18 $ 5.98 CODE 17 1,980,000 $ 15,413.08 $ 3.24 $ 21,131.69 $ 6.50 2,970,000 $ 18,620.68 $ 3.50 $ 27,567.00 $ 6.98 3,960,000 $ 22,085.68 $ 3.71 $ 34,477.52 $ 7.38 4,950,000 $ 25,758.58 $ 4.67 $ 41,784.03 $ 9.24 6,600,000 $ 33,464.08 $ 5.30 $ 57,030.55 $ 10.49 8,250,000 $ 42,209.08 $ 5.64 $ 74,339.57 $ 11.15 9,900,000 $ 51,515.08 $ 5.85 $ 92,737.59 $ 11.53 11,550,000+ $ 61,167.58 $ 5.97 $ 111,762.60 $ 11.78 RATE 1000 FH METER 122.30 8.47 Cibolo Wholesale Water Rate 3.27 a City of Schertz Schedule of Fees (Drought Contingency Surcharges 1 2016 -171 2017 -181 2018 -19� For the first 1,000 gallons over allocation* $ 2.00 $ 2.00 $ 2.00 For the second 1,000 gallons over allocation* $ 3.00 $ 3.00 $ 3.00 For the third 1,000 gallons over allocation* $ 4.00 $ 4.00 $ 4.00 For each additional 1,000 gallons over allocation* $ 5.00 $ 5.00 $ 5.00 Drought Contingency Violation Fines, up to $ 200.00 $ 200.00 $ 200.00 *Refer to the Conservation Ordinance for all allocations 42 Civic Center Comp Requests Clarification At the July 24, 2018 Council Meeting, Staff recommended first reading approval of Ordinance 18 -M -25, which sets the Fee Schedule of the City of Schertz for FY 2018/19. It was brought to staff's attention that there was clarification requested regarding the proposed fees for the Event Facilities (Civic Center, Community Center Central and Community Central North), specifically the line item that states "All comp'd requests will require approval from the City Manager ". In February 2017 staff established an official process to handle comp requests when they are made. If an organization makes a request to have the room comp'd, a Comp Request Form must be completed. Once staff reviews the request and ensures all necessary information is provided, the form is routed to the City Manager's office for final approval. It is important to note that if the request is approved, it is only the room rental value that is comp'd, not the ancillary fees (beverage service, stage, etc.). The organizations who have received a comp'd room rental in FY 201.7/18 are attached for reference. The events highlighted in yellow represent those that staff believe the focus or purpose of the meeting impacts and/or benefits the City. Other events, such as the Health and Wholeness Fair, is a free event for the community and promotes physical, mental and nutritional health. Staff views the Homes for Pets events as a community benefit, as the City's Anima] Shelter partners with this organization to work toward a common goal of animal rescue and community education. With construction on -going at Clemens High School and a band hall torn down, SCUC reached out with a space request to conduct instrument testing for its students. When the Schertz Area Senior Center was undergoing renovations last summer, SCUC approved the City to use one of the elementary schools as a temporary center. In addition, the City partners with the school district to hold several of the Council on the Go meetings throughout the year in the school cafeterias at no facility cost. Staff is in the process of creating a Comp Policy which will provide guidance as to the kind of organizations and/or kind of events that would be considered for approval when requests are made. While there may be exceptions to this, staff desires to have this policy in place to have not only as a framework but also as a reference. As part of the fee schedule process going forward, staff will provide the current fiscal year's comp'd revenue list for Council's review. It is important to keep in mind that if Council wants to explore the option of the Event Facilities becoming an enterprise fund in the future, this comp'd list is something to keep into consideration as it plays a role in one of the way the facilities serve the public, which is a meeting place for community events. Comp'd Revenue FY 2017 -18 Name Gate Roam Comp Value Homes for Pets Fundraiser Event 20- Oct -17 Grand Ballroom $1,875.00 JLUS task force meeting 30- Oct -17 Bluebonnet Hall $112.50 Elections 7- Nov -18 Community Center $112.50 Elections 7- Nov -18 North Center $112.50' AACOG Police Cadet Graduation 6- Dec -17 Ballroom $281.25 Chamber /Health and Wholeness Fair 26- Jan -18 Bluebonnet Hall $450.00 Chamber /Health and Wholeness Fair 26- Jan -18 Grand Ballroom $1,350.00 Chamber /Health and Wholeness Fair 27- Jan -18 Bluebonnet Hall $450.00 Chamber /Health and Wholeness Fair 27- Jan -18 Grand Ballroom $1,350.00 Elections 6- Mar -18 Community Center $112.50 Elections 6-Mar-18 North Center $112.50 SCUCISD Student Instrument Testing 2- Apr -18 Ballroom $281.25 SCUCISD Student Instrument Testing 2- Apr -18 Bluebonnet Hall $168.75 SCUCISD Student Instrument Testing 3- Apr -18 Ballroom $281.25 AACOG Police Cadet Graduation 12- Apr -18 Grand Ballroom $281.25 Run-Off 'Elections 22- May -18 Community Center $112.50 Run -Off Elections 22- May -18 North Center $112.501 Guadalupe County Public Input Meeting 27- Jun -18 Grand Ballroom $281.25 AACOG Police Cadet Graduation 24- Jul -18 Grand Ballroom $281.25 JBSA Randolph Stakeholder Meeting, 27- Jul -18 Conference Hall $187.50" Homes for Pets- Kitten Adoption 18- Aug -18 Community Center $300.00 Buffalo Valley Lions Club /Teen Dance Oct 2017 -Feb 2018 Community Center $750.00 Total $9,356.25 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Engineering Subject: Resolution No. 18 -R -95 — Consideration and/or action approving a Resolution authoring the acquisition of permanent and temporary easements and property necessary for the completion of pipelines and appurtenances related to the Woman Hollering Creek Wastewater Main Project. • eX" 01i�K The City of Schertz is in the final stages of design of a project to construct a sanitary sewer system to collect and convey wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater line from the existing lift station on FM 1518 at Woman Hollering Creek, approximately 11,500 feet to the intersection of Woman Hollering Creek and the IH 10 right -of -way, a new lift station, and approximately 7,800 feet of force main from the lift station to the CCMA plant. City Staff has been made aware of the significant budget concerns that CCMA is working through at this time for the new water reclamation plant. The City still plans to proceed with the new gravity line as planned, including acquiring easements, while these budget overruns are being addressed, in order to provide the necessary wastewater service to southern Schertz. The new gravity wastewater line and force main will be located within permanent wastewater easements that must be acquired by the City. In order to facilitate construction of the pipelines, temporary construction easements also need to be obtained adjacent to the permanent easements. These temporary easements will provide working space for the contractor to stockpile material and to move equipment and materials throughout the project area. Twenty -one separate easement parcels owned by nineteen property owners and one fee - simple parcel (for the lift station) are needed for the project. Attached is an exhibit showing the current route of the wastewater mains and location of the proposed lift station along with the properties across which are planned the improvements. Staff is seeking the authority to negotiate with the property owners and acquire the necessary permanent and temporary easements and land for installation of the pipelines and appurtenances related to the Woman Hollering Creek Wastewater Main Project. The permanent easements will also allow the City to operate and maintain the system once construction is complete. Goal Approve Resolution 18 -R -95 authorizing the negotiation and acquisition of temporary construction and permanent wastewater easements for the pipelines and appurtenances related to the Woman Hollering Creek Wastewater Main Project. Community Benefit Through the acquisition of these easements, the City will have the ability to construct and maintain the necessary wastewater infrastructure to convey wastewater to the planned CCMA South Water Reclamation Plant. The main will be the backbone of a public sanitary sewer collection system to serve the southern part of Schertz within the Woman Hollering Creek sewershed. Its operation will allow the decommissioning of the Sedona /Woman Hollering package wastewater treatment plant and lift station and will enable wastewater systems in southern Schertz to be served wastewater collection via gravity collection and conveyance systems. Summary of Recommended Action Staff recommends Council approve Resolution 18 -R -95. FISCAL IMPACT An amount of $300,000 is currently budgeted in the Woman Hollering Creek Wastewater Main Project for easement and land acquisition (City of Schertz Resolution 18 -R -67 documentation). Funding for that budget amount is available in Sewer Capital Recovery fund. Acquisition is not expected to exceed that amount. If any easement cannot be acquired for approximately the anticipated amount and would push the cost of acquiring all of the easements above $300,000, staff will return to Council to discuss that particular easement agreement. RECOMMENDATION Staff recommends Council approval of Resolution 1.8 -R -95 ATTACHMENTS Resolution 18 -R -95 Project Route and Property Exhibit RESOLUTION NO. 18 -R -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS AND PROPERTY NECESSARY FOR THE COMPLETION OF PIPELINES AND APPURTENANCES RELATED TO THE WOMAN HOLLERING CREEK WASTEWATER MAIN PROJECT WHEREAS, the proposed Woman Hollering Creek wastewater pipeline improvements must be installed in new permanent easements which will be acquired from property owners and held by the City; and WHEREAS, the proposed easements which will be held by the City will be located in a manner to minimize impacts on the properties; and WHEREAS, to facilitate the construction of the pipeline improvements and appurtenances, temporary construction easements will also be obtained adjacent to the permanent easements to provide the Contractor with adequate space for construction activities; and WHEREAS, because this project involves the health safety and welfare of the public, time is of the essence; and WHEREAS, the City hereby seeks authority to negotiate and acquire all necessary easements and land from the property owners along the wastewater line alignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Part 1: That Staff of the City of Schertz, Texas, is hereby authorized to negotiate and acquire all necessary easements from property owners as generally shown on Exhibit A. Part 2: That the City Manager is authorized to execute any and all documents necessary to complete the acquisition of all necessary easements contemplated herein. Part 3: That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz this project serves the public purpose of construction of pipelines and appurtenances necessary to convey wastewater to the planned Cibolo Creek Municipal Authority South Water Reclamation Plant. Part 4: 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. Part 5: 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. Part 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Part 7: 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. Part 8: 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. Part 9: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7' day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXIST. LIFT STATION (TO BE DEMOED) BEGIN PROP. GRAVITY WWL "A" PROP. GRAVITY WWL "A" I I PROP. GRAVITY WWL "B" 2 REVISED OVERALL ALIGNMENT 7/27/2018 PROP. GRAVITY WWL "A" a 0 ?MA11014 10 I 0 300 600' 300' 4XIMFol PARCELS (BEXAR COUNTY APPRAISAL) REVISED GRAVITY WWL-"A" ALIGNMENT GRAVITY WWL-"B... ALIGNMENT REVISED FORCE MAIN ALIGNMENT 100YR 100-YEAR FLOOD PLAIN (FEMA) Agenda No. 4 011111 4011 LIC41I WU 10I01 [o1 AILN1 Rod 1 City Council Meeting: August 7, 2018 Department: Police Subject: Resolution 18 -R -96 - Consideration and approval by the City Council of the City of Schertz, Texas an inter -local agreement between the City of Schertz and the Cities of Cibolo, Live Oak, Selma, Universal City and Bexar County, to form the Tri- County Fraud Task Force. BACKGROUND The investigation of fraud related offenses can be taxing on the resources of local agencies. Often, suspects involved in these offenses are found to be repetitive in their actions and will extend into other jurisdictions. The Tri- County Fraud Task Force is formed to join resources in the investigation and prosecution of fraud related offenses. Goal To enter into an interlocal agreement that will form the Tri- County Fraud Task Force establishing responsibilities, procedures and supervision for the purpose of investigating fraud related offenses. Community Benefit The Community benefits from having available resources from surrounding jurisdictions that may be called upon in the investigation of fraud related offenses. Fraud related offenses often strain local resources. The creation of such a task force allows for shared resources from surrounding agencies. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the City Manager and Police Chief to enter into this agreement with the Cities of Cibolo, Live Oak, Selma, Universal City and Bexar County. FISCAL IMPACT There is no fiscal impact associated with this agreement. Each jurisdiction would be responsible for their own resources. ATTACHMENT Resolution No. 1.8 -R -96 Interlocal Agreement between Schertz and the Cities of Cibolo, Live Oak, Selma, Universal City and Bexar County. RESOLUTION NO. 18 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE CITIES OF CIBOLO, LIVE OAK, UNIVERSAL CITY, AND SELMA, AND BEXAR COUNTY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Parties recognize the vulnerability of the people and communities located in the cities of Cibolo, Live Oak, Schertz, Selma, Universal City and Bexar, Guadalupe and Comal Counties to damage, injury, and loss of life and property resulting from criminal activity and enforcement of laws that may present equipment and manpower requirements beyond the capacity of each individual. Party; and WHEREAS, the Parties must confront the threats to public health and safety posed by possible criminal activity capable of causing severe damage to property and danger to life; specifically in the area of fraud to include Fraudulent Use of Possession of Identifying Information, Misapplication of Fiduciary Property, Forgery and Credit Card or Debit Card Abuse; and WHEREAS, the Parties to this Interlocal Agreement recognize that it is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of such criminal activity and enforcement of laws; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of the Interlocal Agreement for the protection of life and property in the investigation of criminal activity and enforcement of laws; and WHEREAS, the Parties wish to make suitable arrangements for furnishing assistance in coping with criminal investigations and enforcement of laws and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act); and Chapter 362, Local Government Code; and WHEREAS, the Parties recognize that a formal Interlocal Agreement would allow for better coordination of effort, would provide that adequate equipment, facilities and manpower is available, and would help ensure that assistance is accomplished on an as requested basis and thus desire to enter into an agreement to provide assistance; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the Chapter 362, Local Government Code, and other applicable provisions of law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager and Police Chief to execute the Agreement with the Cities of Cibolo, Live Oak, Schertz, Selma, Universal. City and Bexar County in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A INTERLOCAL AGREEMENT 50234811.1 A-] TRI-COUNTY FRAUD TASK FORCE COOPERATION INTERLOCAL AGREEMENT PRESENTS: 9 Ip The Task Force shall cooperate with the Bexar, Guadalupe and Comal County Criminal District Attorneys, other District Attorneys, and United States Attorneys in the prosecution of criminal cases and in the disposition of forfeited assets, in accordance with agreements approved County Sheriffs and Police Chiefs of participating agencies and respective prosecutors. I (a) The Task Force would be a part time Task Force allowing participating officers and T6��-* agwmie��67&*Wed-w+-ren the Task Force threshold is met TheTask Forcewill operate on refeffalsfrom each participating agency. Participating agencies will complete a Tri-County Fraud referral form. This form will be submitted to the Task Force officer of such a enw who in return will present the form to the Task Force Commander. The IMII SMIRRM R- "Is- NMI M I (a) Funds for those expenditures for equipment, supplies, and operation of the Task Force listed *n the attached Exhibit A shall be provided by the respective agencies. (b) Each Party paying for performance of governmental functions or services must make those payments from current revenue available to the paying party. (c) Asset Forfeitures and seizures will • allotted in accordance with the participating lead agencies policy and procedures. Exhibit B. 11. TERM AND TERMINATION, ,if each agency, thisAgreement shall remain in force an effect for annual periods effective each January 1 st unless a party gives the other parties written notice of its intention to terminate its participation at least 90 days in advance of an anniversary of that date. 0 UFFtlilt Ut --sipp Yinlet to agencyly agreement Detweew the participating County Sheriffs offices and Police Departments, f ay ptn of ts Agreement is determined by a court of competent jurisdiction to be invalid for tny reason, the remaining provisions shall remain in fu24«• >» effect. Executed this-- —day of 2018. NANT7 �11 .1 Rr.1T1111&!MMJMML= lomn nm » ®. - iml- THE CITY OF CIBOLO erre:ra, » : «. » «« rd fim» #» » $ t; »_' .1 5 1 l zrya Al N anager Ken-Tay,4, Ci;� � By: NELSON W. WOLFF MEEMMM County Clerk as. 1 11111*1:41h PATRICIA G. PROWSE Civil Section DAVID SMITH 9 9 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 . Department: Engineering Subject: Resolution No. 18 -R -98 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc., for professional services and all matters in connection therewith. BACKGROUND The City of Schertz advertised for Request for Qualifications (RFQ) for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. (CobbFendley) • Ford Engineering, Inc. • Lockwood, Andrews & Newman, Inc. • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff identifies which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule is requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section I. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. On July 11, 2017, City Council authorized the first of the two allowable extensions of the Agreement with CobbFendley. If authorized, this extension will expire on July 7, 2019. The RFQ process to select firms to provide on -call engineering related professional services will occur prior to that date. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. CobbFendley is currently providing professional services for the Woman Hollering Creek Wastewater Main project that is currently projected to be complete in late 2019. Goal: Approve Resolution 18 -R -98 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 18 -R -98 approving the second of two one -year extension of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 18 -R -98 ATTACHMENT(S) Resolution 18 -R -98 On Call Engineering Services Master Agreement with CobbFendley RESOLUTION NO. 18 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Cobb, Fendley & Associates, Inc., through Resolution 1.4 -R -54; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, City Council authorized the first of two possible extensions to the Agreement through Resolution 17 -R -50; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Cobb, Fendley & Associates, Inc.; and WHEREAS, the City of Schertz has on -going project agreements with Cobb, Fendley & Associates, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. 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 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT FEW ORIGINAL CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Cobb, Fendley & Associates, Inc. (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement CobbFendley 2014 Page 7 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. 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. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work'. (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement CobbFendley 2014 Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement CebbFendley 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering Services Master Agreement CobbFendley 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law: Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering services Master Agreement CobbFendley 2014 Page 5 of 6 Section 17. Entire Aareement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the Ipt- day of J .2014. CITY- By: Name: hn C. `essel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 /. %�� S_ c� J✓ PROFESSIONAL Cobb, Fendley & Associates, Inc. 13430 Northwest Freeway, Suite 1100 Houston, TX 77040 On Call Engineering Services Master Agreement CobbFendley 2014 Page 6 of 6 CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER", and CONSULTANT NAMEAND ADDRESS. Engincer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT I PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 BILLING RATE SCHEDULE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 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. 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. Project Agreement for Engineering Services rev 03122014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 03122014 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 following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1 and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 03122014 Page 4 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). 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 Project Agreement for Engineering Services rev 03122014 Page 5 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 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 Project Agreement for Engineering Services rev 03122014 Page 6 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 CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third patty 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 Project Agreement for Engineering Services rev 03122014 Page 7 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 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to fiunish 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 Project Agreement for Engineering Services rev 03122014 Page 8 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. 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and fiorn 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. Project Agreement for Engineering Services rev 03122014 Page 9 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, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 03122014 Page 10 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. 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 patties 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 Project Agreement for Engineering Services rev 03122014 Page 11 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. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 03122014 Page 12 3.2.2.13 Providing Services of geoteclmical 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. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment- 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and .dwg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". Project Agreement for Engineering Services rev 03122014 Page 13 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 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. Project Agreement for Engineering Services rev 03122014 Page 14 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. 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 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 Project Agreement for Engineering Services rev 03122014 Page 15 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. 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. Project Agreement for Engineering Services rev 03122014 Page 16 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. 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 Project Agreement for Engineering Services rev 03122014 Page 17 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 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. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 03122014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the 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 Project Agreement for Engineering Services rev 03122014 Page 19 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 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. Project Agreement for Engineering Services rev 03122014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and/or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 03122014 Page 21 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- _cgtgnsion hereof, at CONSULTANT'S sole expense, insurance coverage written - op,ank occurrence or claims made basis, as appropriate, by companies authorized and npproyed to do business in the State of Texas and with an A.M. Best's rating of no less th4l, A- (VII), in the following types and for an amount not less than the amount listed: ,, ,, •- INSURANCE RE(*JfREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability a. Owned /Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Stafufory ..k ,,OQ0, 000, 000 /$1,000,000,000 /$1,000,000,000 For -bodily Injury and Property Damage of $11;000,000 per occurrence. 12;000,000 General Aggregate, or its equivalent ,in Umbrella or Excess Liability Coverage C8rabined Single Limit for Bodily Injury and "�prop6rtyDamage of $1,000,000 per occurrence f - A6,000 per claim to pay on behalf of the 'insured' all sums, which the insured shall become legally obligated to pay as damages to ahe_extent caused by any negligent act, error, or ,:omission in the performance of professional sery Qcs. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services, rev 03122014 Page 22 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 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a. suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 03 122 014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY HIND 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. Project Agreement for Engineering Services rev 03122014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work 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 terns 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. Project Agreement for Engineering Services rev 03122014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 1S: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 03122014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or 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 preconstuction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 03122014 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. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 03122014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY OF SCHERTZ CONSULTANT CITY MANAGER Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 29 ATTACHMENT PROJECT SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 30 ATTACHMENT2 PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) Project Agreement for Engineering Services rev 03122014 Page 31 ATTACHMENT BILLING RATE SCHEDULE Project Agreement for Engineering Services rev 03122014 Page 32 ATTACHMENT ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES CITY OF SC14ERTZ CITY MANAGER CONSULTANT Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 33 EXHIBIT B COBB. FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014— December 31, 2014 Principal / Chief Engineer.. Senior Engineer............ Senior Project Manager Project Manager ............... Senior Hydrologist ............ Project Engineer III ........... Project Engineer II ............ Project Engineer I ............. Senior Technician ............. Technician III ........................... Technician II ............................ Technician I ............................. ... ............................... (Professional VIII)* .. ................ ..................(Professional VII)* .... ................. .................(Professional VI) *..... ... ............................... (Professional V)* ...... ................ ..................(Professional V) *...... .. ............................... (Professional III) *...... .. ............................... (Professional II)* ....... .. ............................... (Professional 1) *........ ............. ....................(Technician IV) *........ ............. ....................(Technician III) *........ ............. ....................(Technician II) *......... ............. ....................(Technician 1) *.......... Licensed State Land Surveyor ............... ..................(Professional VI) *..... Registered Professional Land Surveyor . ..................(Professional III) *...... 4 -Man Survey Crew ..................................................... ............................... 3 -Man Survey Crew......... 2 -Man Survey Crew.. ................. $250.00 1HR ................. $235.001HR ................. $200.00 1HR ................. $180.00 1HR ................. $180.00 1HR ................. $145.001HR ................. $125.001HR ................. $105.00 1HR ................. $120.00 1HR ................. $105.00 1HR ................... $95.00 1HR ................... $75.00 1HR ................. $200.00 1HR ................ $145.00 1HR ................ $165.00 1HR 1 -Man Survey Crew ........................................................ ............................... Construction Manager ............................ ..................(Professional IV) *........ Senior Field Construction Observer ......................... (Professional 1) *........... Field Construction Observer..... Utility Specialist ........................ Telecommunications Designer. Telecommunications Fieldman. GIS Manager ............................ GIS Analyst ........................ Right -of -Way Agent ........... Administrative .................... Clerical ................. ............ ....................(Technician II) *..........., . ............................... (Professional II)* ......... ............ ....................(Technician II) *............ ............ ....................(Technician I) *............. . ............................... (Professional III) *......... ............ ....................(Technician II) *............ ......... $145.001HR ......... $125.00/HR ......... $105.00 /HR ......... $165.00 /HR ............. $105.00 1HR ............... $90.00 /HR ............. $125.00/HR ............... $95.00 /HR ............... $75.00 /HR ............. $145.00 /HR ............... $95.00 /HR ................................................... ............................... $110.00 /HR ..................................................... ............................... $90.00 /HR ..................................................... ............................... $65.00 /HR * Category labels 'Professional xoC etc. are Inledm designations for 2014 and are to be Implemented In lieu of previous position Was In 2015. EXHIBIT B to CITY OF SCHERTZ ON -CALL ENGINEERING SERVICES MASTER AGREEMENT EXHIBIT B COBB. FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014 — December 31, 2014 (Continued) SUBSURFACE UTILITY ENGINEERING Level C & D (Without Level B) ........... ..................... .................... .............. ..................... $0.45 /Foot Level B — Designation (Without Level C & D) ............................................. ................... $1.43 /Foot Level A — Location (Non- Destructive Excavation): > Vertical Depth: 0 Ft. — 5 Ft . ...................................................................... $1,125/Hole 5 Ft. — 8 Ft . ...................................................................... $1,580 /Hole 8 Ft. — 13 Ft . .................................................................... $1,825/Hole 13 Ft.— 20 Ft . .................................................................... $2,510 /Hole > 20 Ft . .......................................................................... $3,600 /Hole GroundPenetrating Radar ........................................ . ....................................................... $250 /HR SUE Technician (With Equipment) ............................................................ .........................$98 /HR Vacuum Excavation Truck with 2 Technicians ................................... ............................... $250 1HR Traffic Control Officer ................................................................. ..............................@ Cost + 10% Traffic Control (Lane Closures, etc.) .................................... ............................... To Be Negotiated Permits(Local, State, etc.) ......................................................... ..............................@ Cost + 10% Designation & Traffic Control Vehicles ........................................... ............................... $3.40 /Mile LocationVehicles ............................................................................ ............................... $6.80 /Mile REIMBURSABLE EXPENSES TechnologyFee ( ") ........................................................................... ............................... $3.75/HR Consultant or Specialty Contractor (Outside Firm) .................... ..............................@ Cost + 10% Courier, Special Equipment Rental ............................................ ..............................@ Cost + 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) ... ............................... @ Cost Mileage (Standard Car or Truck) ...................................... ............................... IRS Approved Rate Per Diem for Out of Town Travel (Per Day /Person) .............................. ............................$35 /Day TitlePlant Charges .................................................................... ..............................@ Cost + 10% Other Misc. Expenses Related to the Project ............................ ..............................@ Cost + 10% In -House Reproduction: > Copies (Up to 11" x 17 ") .................................................... ............................... $0.15 /Each > Color Prints (Up to 11 "x 17") ............................ ................................................ $1.50 /Each > Color Prints (Larger than 11 "x 17") ........... ............................... ......................$3.00 /Sq. Ft. > Bluelines (All Sizes) ........................................................... ............................... $1.00 1Each > Bond Prints (All Sizes) .................................. ............................... .....................$2.00 /Each > Mylar Prints .......... ................... .... .................... ....................... ......................... $12.00 /Each > Vellum Prints ................................................ ............................... .....................$9.00 /Each (') Technology charges added to each billable man -hour. EXHIBIT B COBB, FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014— December 31, 2014 Principal / Chief Engineer Senior Engineer .................. Senior Project Manager...... Project Manager............ Senior Hydrologist......... Project Engineer III ........ Project Engineer II ......... Project Engineer I .......... Senior Technician.......... Technician III Technician II Technician I .. Licensed State Land Surveyor .............. Registered Professional Land Surveyor 4 -Man Survey Crew ............................... 3 -Man Survey Crew 2 -Man Survey Crew 1 -Man Survey Crew ...............(Professional VIII) *...... ............... (Professional VII)* ........ ...............(Professional VI) *......... ...............(Professional V) *.......... ...............(Professional V)* .......... ............... (Professional III) *.......... ............... (Professional II) *........... ............... (Professional 1) *............ ...............(Technician IV) *............ ...............(Technician III) *............ ...............(Technician II) *............. ...............(Technician 1) *.............. ...............(Professional VI)* ......... ............... (Professional III) *.......... Construction Manager ............................ ..................(Professional IV) *. Senior Field Construction Observer ....... ..................(Professional 1) *.... Field Construction Observer ................. ....................(Technician II) *..... Utility Specialist ....... ............................... ..................(Professional II) *... Telecommunications Designer ............. ....................(Technician II) *..... Telecommunications Fieldman ............. ....................(Technician I) *...... GIS Manager ........... ............................... ..................(Professional III) *.. GIS Analyst ................................ ............................... (Technician ]I)* ..... Right -of -Way Agent ................................................. ............................... Administrative.......................................................... ............................... Clerical............................................................... ............................... .. $250.00 /HR $235.00/HR $200.00 /HR $180.00 /HR $180.00 /HR $145.00/HR $125.00/HR $105.00 /HR $120.00 /HR $105.00 /HR $95.00 /HR $75.00 /HR ...... $200.00 /HR ...... $145.00/HR .... $165.00/HR .... $145.001HR .... $125.00/HR .... $105.00 /HR $165.00/HR $105.00 /HR .. $90.00 1HR $125.00/HR $95.00 /HR $75.00 /HR $145.00/HR .. $95.00 /HR $110.00 /HR ,. $90.00 /HR . $65.00 /HR * Category labels "professional xe etc. are Interim designations for 2014 and are to be implemented in lieu of previous position lilies in 2015. EXHIBIT B to CITY OF SCHERTZ ON -CALL ENGINEERING SERVICES MASTER AGREEMENT EXHIBIT B COBB. FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014— December 31, 2014 (Continued) SUBSURFACE UTILITY ENGINEERING Level C & D (Without Level B) Level B — Designation (Without Level C & D) ....... Level A — Location (Non- Destructive Excavation): ➢ Vertical Depth: 0 Ft. — 5 Ft ............................. 5 Ft. — 8 Ft ............................. 8 Ft. — 13 Ft ........................... 13 Ft.— 20 Ft ........................... > 20 Ft .. ............................... Ground Penetrating Radar SUE Technician (With Equipment) ........................... Vacuum Excavation Truck with 2 Technicians.......... Traffic Control Officer ................. ............................... Traffic Control (Lane Closures, etc.) ......................... Permits (Local, State, etc.) .............................. : ..... .... Designation & Traffic Control Vehicles ..................... Location Vehicles ....................... ............................... REIMBURSABLE EXPENSES Technology Fee ( *) ................... ............................... Consultant or Specialty Contractor (Outside Firm) .. Courier, Special Equipment Rental .......................... ................. $0.45 /Foot ...$1.43 /Foot .......................$1,125 /Hole ....................... $1,580/Hole ... ....................$1,825 /Hole ... ....................$2,510 /Hole ....................... $3,600 /Hole .............. ............................... $250 /HR ................ ............................... $98 1H R .............. ............................... $250 /HR ...... ..............................@ Cost+ 10% ............................... To Be Negotiated ...... .I ............................@ Cost + 10% .......... ............................... $3.40 /Mile .......... ............................... $6.80 /Mile Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) .......... Mileage (Standard Car or Truck) ................................. ............................... Per Diem for Out of Town Travel (Per Day /Person) .... ............................... TitlePlant Charges ...................................................... ............................... Other Misc. Expenses Related to the Project .............. In -House Reproduction: • Copies (Up to 11" x 17 ") ... ............................... • Color Prints (Up to 11" x 17 ") ........................... ➢ Color Prints (Larger than 11 "x 17 ") ................. ➢ Bluelines (All Sizes) .......... ............................... ➢ Bond Prints (All Sizes) ...... ............................... ➢ Mylar Prints ....................... ............................... ➢ Vellum Prints .................... ............................... (') Technology charges added to each billable man -hour. .................... $3.751H R ............@ Cost + 10% ............@ Cost + 10% ....................... @ Cost ....IRS Approved Rate ...................... $35 /Da y ............@ Cost + 10% ............@ Cost + 10% .................. ............................... $0.15 /Each .................. ............................... $1.50 /Each ......................... ......................$3.00 /Sq. Ft. .................. ............................... $1.00 1Each .................. ............................... $2.00 /Each ................ ............................... $12.00 /Each .................. ............................... $9.00 /Each COPY RESOLUTION NO. 14 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COBB, FENDLEY, & ASSOCIATES, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires a professional services agreement with Cobb, Fendley, & Associates, Inc. relating to on- call engineering services for the City; and WHEREAS, City staff has determined that Cobb, Fendley, & Associates, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Cobb, Fendley, & Associates, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Cobb, Fendley, & Associates, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1st day of July, 2014. CITY OF TZ EXAS Michael Carpenter, Mayor ATTEST: renda Dennis, City Secretary (CITY SEAL) 50506887.1 EIIIHBIT A ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 RESOLUTION NO. 17 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Cobb, Fendley & Associates, Inc., through Resolution 14 -R -54; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Cobb, Fendley & Associates, Inc.; and WHEREAS, the City of Schertz has on -going project agreements with Cobb, Fendley & Associates, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. 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 11th day of July, 2017. CITY OF SCHEZ, TEXAS Mich' kl Carpenter, Mayor ATTEST: 3, Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 . Department: Engineering Subject: Resolution No. 18 -R -99 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Ford Engineering, Inc., for professional services and all matters in connection therewith. BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. (Ford Engineering) • Lockwood, Andrews & Newman, Inc. • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff will identify which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule will be requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. On July 11, 2017, City Council authorized the first of the two allowable extensions of the Agreement with Ford Engineering. If authorized, this extension will expire on July 7, 2019. The RFQ process to select firms to provide on -call engineering related professional services will occur prior to that date. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. Ford Engineering is currently providing professional services for the Corbett Elevated Water Storage Tank project, Tank Painting of two existing water storage tanks, Utility Relocations on FM 1103, Dietz Creek Deulting, Pedestrian Routes and Bike Lanes, and a variety of small Engineering tasks. Goal: Approve Resolution 18 -R -99 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Ford Engineering. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 18 -R -99 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Ford Engineering, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 18 -R -99 ATTACHMENT(S) Resolution 18 -R -99 On Call Engineering Services Master Agreement with Ford Engineering RESOLUTION NO. 18 -R -99 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH FORD ENGINEERING, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Ford Engineering, Inc., through Resolution 14 -R -55; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, City Council authorized the first of two possible extensions to the Agreement through Resolution 17 -R -51; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Ford Engineering, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Ford Engineering, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS vr:111 Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Ford Engineering, Inc. 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 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT FEW ) 1�I� ORIGINAL CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Ford Engineering, Inc. (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement Ford 2014 Page 1 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. 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. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work ". (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement Ford 2014 Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement Ford 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or underthe constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering Services Master Agreement Ford 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering Services Master Agreement Ford 2014 Page 5 of 6 Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this thellik day of 2014. CITY: PROFESSIONAL: By: By:_'A Name: Jo n C. Kessel Name: Mark B. Hill, P.E. Title: City Manager Title: Principal ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL Ford Engineering, Inc. 10927 Wye Dr., Suite 104 San Antonio, Texas 78217 On Call Engineering Services Master Agreement Ford 2014 Page 6 of 6 CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schedz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER", and CONSULTANT NAME AND ADDRESS. Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT 1 PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 BILLING RATE SCHEDULE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 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. Project Agreement for Engineering Services rev 03122014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 03122014 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 following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments I and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 03122014 Page 4 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, ALOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and Awg). 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 Project Agreement for Engineering Services rev 03122014 Page 5 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 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 Project Agreement for Engineering Services rev 03122014 Page 6 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 CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12, If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 03122014 Page 7 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 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 03122014 Page 8 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. 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 Awg 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. Project Agreement for Engineering Services rev 03122014 Page 9 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, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and/or other costs and /or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation fi•om 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. Project Agreement for Engineering Services rev 03122014 Page 10 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. 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 Project Agreement for Engineering Services rev 03122014 Page 11 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. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 03122014 Page 12 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. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD Or 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 ". Project Agreement for Engineering Services rev 03122014 Page 13 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 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. Project Agreement for Engineering Services rev 03122014 Page 14 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. 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 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 Project Agreement for Engineering Services rev 03122014 Page 15 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. 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. Project Agreement for Engineering Services rev 03122014 Page 16 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. 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 Project Agreement for Engineering Services rev 03122014 Page 17 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 delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the set-vices or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 03122014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the 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 Project Agreement for Engineering Services rev 03122014 Page 19 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 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. Project Agreement for Engineering Services rev 03122014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and/or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 03122014 Page 21 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: INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability a. Owned /Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Statutory $1, 000, 000, 000/ $1,000,000,000 /$1,000,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Combined Single Limit for Bodily Injury and property Damage of $1,000,000 per occurrence $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services rev 03122014 Page 22 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 fiom said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and /or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 03122014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY HIND 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. Project Agreement for Engineering Services rev 03122014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work 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. Project Agreement for Engineering Services rev 03122014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 1S: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 03122014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. ARTICLE 19: STANDARD OF CARE 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstruction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 03122014 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. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 03122014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY OF SCHERTZ CITY MANAGER CONSULTANT Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 29 ATTACHMENT 1 PROJECT SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 30 ATTACHMENT PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) Project Agreement for Engineering Services rev 03122014 Page 31 ATTACHMENT BILLING RATE SCHEDULE Project Agreement for Engineering Services rev 03122014 Page 32 ATTACHMENT ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES CITY OF SCHERTZ CITY MANAGER CONSULTANT Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 33 ..i:r o Hourly Billing Rate Table DISCIPLINE Principals Sr. Civil Engineers (PE) (Sr. Project Managers) Civil Engineers (PE) (Project Managers) Project Coordinators (EIT) Design Techs CADD Technicians Clerical Staff Licensed State Land Surveyor (LSLS) Registered Professional Land Surveyors (RPLS) Survey Technicians /CADD One - Person Survey Crew Two- Person Survey Crew Three - Person Survey Crew Four - Person Survey Crew HOURLY RATE $200.00 $165.00 $150.00 $ 95.00 $ 90.00 $ 85.00 $ 65.00 $165.00 $150.00 $ 85.00 $125.00 $145.00 $165.00 $185.00 PROPERTY RESEARCH & DOC. SVC. Property Research $ 75.00 (Copies additional cost) On Call Engineering Services Master Agreement Ford 2014 Exhibit B COPY RESOLUTION NO. 14 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WIIEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires a professional services agreement with Ford Engineering, Inc. relating to on -call engineering services for the City; and WHEREAS, City staff has determined that Ford Engineering, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1" day of July, 2014. CITY OF TEXAS Michael Carpenter, Mayor ATTEST: nda Dennis, City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 RESOLUTION NO. 17 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH FORD ENGINEERING, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Ford Engineering, Inc., through Resolution 14 -R -55; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Ford Engineering, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Ford Engineering, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Ford Engineering, Inc. 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 11th day of July, 2017. CITY OF SCHj TZ, TEXAS Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 . Department: Engineering Subject: Resolution No. 18 -R -100 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc., for professional services and all matters in connection therewith. BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. • Lockwood, Andrews & Newnam, Inc. (LAN) • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff will identify which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule will be requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. On July 11, 2017, City Council authorized the first of the two allowable extensions of the Agreement with LAN. If authorized, this extension will expire on July 7, 2019. The RFQ process to select firms to provide on -call engineering related professional services will occur prior to that date. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. LAN is currently providing professional services for the Street Preservation and Maintenance Project, 2018 Various Drainage Improvements, Rehabilitation of the Oil -Water Separator at Fire Station 1, and a variety of small Engineering tasks. Goal: Approve Resolution 18-R -100 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 18 -R -100 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 18 -R -100 ATTACHMENT(S) Resolution 18 -R -100 On Call Engineering Services Master Agreement with LAN RESOLUTION NO. 18 -R -100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Lockwood, Andrews & Newnam, Inc., through Resolution 14 -R -56; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, City Council authorized the first of two possible extensions to the Agreement through Resolution 17 -R -52; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Lockwood, Andrews & Newnam, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Lockwood, Andrews & Newnam, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS _ ■,I Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. 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 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A-] ) 0\z ORIGIN CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Lockwood, Andrews & Newnam, Inc. (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement LAN 2014 Page 1 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. 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. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work ". (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement LAN 2014 Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement LAN 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or underthe constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering services Master Agreement LAN 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended forthe waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering Services Master Agreement LAN 2014 Page 5 of 6 Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the 'N% day of 2014 CITY: _ PROFESSIONAL: By v By: Name: JMJC. Kessel Name: JEP.t my DoEGE Title: City Manager Title: Tyyo% Lt -AaEc ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL Lockwood, Andrews & Newnam, Inc. Attn: Jeremy Doege 10101 Reunion Place, Suite 200 San Antonio, TX 78216 On Call Engineering Services Master Agreement LAN 2014 Page 6 of 6 EXHIBIT A CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and/or "OWNER ", and Lockwood, Andrews & Newnam, Inc. (LAN), 10101 Reunion Place, suite 200, San Antonio, TX 78216 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 I DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT t PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 EXPLANATION OF PROJECT FEE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 05202014 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. Project Agreement for Engineering Services rev 05202014 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 Constriction 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 Or 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 surrunary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 05202014 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 following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments I and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 05202014 Page 4 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). 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 constriction 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 Project Agreement for Engineering Services rev 05202014 Page 5 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 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 detennines 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 Project Agreement for Engineering Services rev 05202014 Page 6 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 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 Constriction Contractor's right to payment, or (4) made any examination to ascertain how or for what propose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 05202014 Page 7 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 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to early out the Work in accordance with the Construction Contract Documents. 2.8. 10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 05202014 Page 8 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. 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 the Master Agreement. 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 (lie sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved in the Master Agreement associated with 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. Project Agreement for Engineering Services rev 05202014 Page 9 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, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and/or other costs and /or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 05202014 Page 10 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. 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 the Master Agreement. 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 Project Agreement for Engineering Services rev 05202014 Page 11 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. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and /or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 05202014 Page 12 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. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2. l 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 frilly 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 ". Project Agreement for Engineering Services rev 05202014 Page 13 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 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. Project Agreement for Engineering Services rev 05202014 Page 14 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. 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 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 Project Agreement for Engineering Services rev 05202014 Page 15 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. 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. Project Agreement for Engineering Services rev 05202014 Page 16 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. 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 Project Agreement for Engineering Services rev 05202014 Page 17 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 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. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform tinder this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 05202014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the 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 Project Agreement for Engineering Services rev 05202014 Page 19 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 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. Project Agreement for Engineering Services rev 05202014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and /or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 1 L 1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 05202014 Page 21 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: INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability a. Owned/Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Statutory $1 ,000,000,000 /$1,000,000,000 /$1,000,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Combined Single Limit for Bodily Injuy and property Damage of $1,000,000 per occurrence $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services rev 05202014 Page 22 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 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 05202014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 05202014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work 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 terns, 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. Project Agreement for Engineering Services rev 05202014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 15: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 05202014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or 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 preconstuction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments I, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 05202014 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 Bestir, 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. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational proposes 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. Project Agreement for Engineering Services rev 05202014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY OF SCHERTZ CONSULTANT CITY MANAGER 1 onsu ant Name -rcA.4 L-"am TITLE Project Agreement for Engineering Services rev 05202014 Page 29 ATTACHMENT 1 PROJECT SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 30 ATTACHMENT PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 31 ATTACHMENT EXPLANATION OF PROJECT FEE To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 32 ATTACHMENT ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 33 Lan May 22, 2014 Cindy Raleigh Public Works Coordinator City of Schertz 10 Commercial Place, Building 2 Schertz, TX 78154 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY RE: On Call Engineering Services — Fee Schedule Dear Ms. Raleigh: Lockwood Andrews & Newnam, Inc. is please to submit the following unit rate schedule for the On Call Engineering Services contract for the City of Schertz. We appreciate this opportunity and look forward to working with the City of Schertz. Job Description Maximum Base Rate Principal /QAQC Manager $220.00 Senior Project Manager $190.00 Project Manager $175.00 Sr. Project Engineer $150.00 Project Engineer $130.00 Engineer In Training III $125.00 Engineer In Training II $95.00 Construction Field Representative $95.00 CADD Designer II $85.00 Administrative Assistant $65.00 The above rates are for this year and will be adjusted in accordance with City of Schertz contract requirements for upcoming fiscal years. If you have any questions or require additional information, please call me at 210 - 499 -5082. Sincerely, Jeremy Doege, PE Associate/ Team Leader Cc: Kathryn J. Woodlee, PE, CFM c : \projectwise \jsdoege2 \d0213390 \2014 city of Schertz on call engineering fee schedule.doc 10101Reunion Pla ,Ste200 • San Antonlojems 78216 • 210.499.5082 • Fa 210.499.5157 • w Jamimcan COPY RESOLUTION NO. 14 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS, & NEWNAM, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires aprofessional services agreement with Lockwood, Andrews, & Newnam, Inc. relating to on -call engineering services for the City; and WHEREAS, City staff has determined that Lockwood, Andrews, & Newnam, hic. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Lockwood, Andrews, & Newnam, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Lockwood, Andrews, & Newnam, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this I" day of July, 2014. CITY O TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506887.1 �_V_ : ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 Fw RESOLUTION NO. 17 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Lockwood, Andrews & Newnam, Inc., through Resolution 14 -R -56; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Lockwood, Andrews & Newnam, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Lockwood, Andrews & Newnam, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. 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 11th day of July, 2017. CITY OF SCITRTZ, TEXAS nd x Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 . Department: Engineering Subject: Resolution No. 18 -R -101 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving the second of two one -year extensions of the On Call Engineering Services Master Agreement Pape- Dawson Engineers, Inc., for professional services and all matters in connection therewith. BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. • Lockwood, Andrews & Newnam, Inc. • Pape- Dawson Engineers, Inc. (Pape- Dawson) Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff will identify which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule will be requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. On July 11, 2017, City Council authorized the first of the two allowable extensions of the Agreement with Pape- Dawson. If authorized, this extension will expire on July 7, 2019. The RFQ process to select firms to provide on -call engineering related professional services will occur prior to that date. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. Pape - Dawson, is currently providing professional services for the Main Street Improvement Project and a Traffic Study of the vicinity of Elbel, Westchester, and Schertz Parkway. Goal: Approve Resolution 18 -R -101 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Pape - Dawson. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 18 -R -101 approving the second of two one -year extensions of the On Call Engineering Services Master Agreement with Pape- Dawson. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 18 -R -101 ATTACHMENT(S) Resolution 18 -R -101 On Call Engineering Services Master Agreement with Pape - Dawson RESOLUTION NO. 18 -R -101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH PAPE - DAWSON ENGINEERS, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement') with the firm of Pape - Dawson Engineers, Inc., through Resolution 14 -R -57; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, City Council authorized the first of two possible extensions to the Agreement through Resolution 17 -R -53; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Pape - Dawson Engineers, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Pape- Dawson Engineers, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the second of the two available one - year extensions of the On Call Engineering Services Master Agreement with Pape- Dawson Engineers, Inc. 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 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A-] /� o CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Pape- Dawson Engineers (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 1 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. 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. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work ". (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement Pape- Dawson 2014 _ Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering Services Master Agreement Pape-Dawson 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 5 of 6 Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the � day of .2014. CITY: By: Name: J n C. Kessel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 6 of 6 EXHIBIT A CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER ", and CONSULTANT NAME AND ADDRESS. Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT I PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 EXPLANATION OF PROJECT FEE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 05202014 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. Project Agreement for Engineering Services rev 05202014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 05202014 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 following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1 and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 05202014 Page 4 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, ALOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and .dwg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents. 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction Phase: 2.8.1 CONSULTANT shall monitor construction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control Project Agreement for Engineering Services rev 05202014 Page 5 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 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 Project Agreement for Engineering Services rev 05202014 Page 6 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 CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or apart 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 Project Agreement for Engineering Services rev 05202014 Page 7 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 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall cant' 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 Project Agreement for Engineering Services rev 05202014 Page 8 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. 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 the Master Agreement. 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 in the Master Agreement associated with 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. Project Agreement for Engineering Services rev 05202014 Page 9 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, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and /or other costs and/or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 05202014 Page 10 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. 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 the Master Agreement. 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 Project Agreement for Engineering Services rev 05202014 Page 11 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. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR, 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 05202014 Page 12 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. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties 'required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and Awg 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 ". Project Agreement for Engineering Services rev 05202014 Page 13 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 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. Project Agreement for Engineering Services rev 05202014 Page 14 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. 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 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 Project Agreement for Engineering Services rev 05202014 Page 15 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. 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. Project Agreement for Engineering Services rev 05202014 Page 16 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. 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 Project Agreement for Engineering Services rev 05202014 Page 17 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 Awg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the services or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 05202014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the 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 Project Agreement for Engineering Services rev 05202014 Page 19 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 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. Project Agreement for Engineering Services rev 05202014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and /or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 05202014 Page 21 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: 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. PersonalInjuiy e. Contractual Liability Business Automobile Liability a. Owned /Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Statutory $1, 000, 000, 000 /$1,000,000,000 /$1,000,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Combined Single Limit for Bodily Injury and property Damage of $1,000,000 per occurrence $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services rev 05202014 Page 22 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 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and /or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 05202014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 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. F. V4 NCO) gDikA19111Dh7101y[W.11M[1191 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 05202014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work 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. Project Agreement for Engineering Services rev 05202014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 15: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 05202014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants most 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. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 05202014 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. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 05202014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of 20 (the "Effective Date "). CITY OF SCHERTZ CITY MANAGER CONSULTANT Co 1s/u tantNammee TITLE Project Agreement for Engineering Services rev 05202014 Page 29 ATTACHMENT PROJECT SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 30 ATTACHMENT PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 31 ATTACHMENT3 EXPLANATION OF PROJECT FEE To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 32 ATTACHMENT 4 ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 33 PAPE- DAWSON EXHIBIT B r ENGINEERS LAND DEVELOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING SCHEDULE OF REPRESENTATIVE RATES Effective June 1, 2014 Classification Hourly Charge Rate* Chairman 250.00 President / CEO 250.00 Vice President 230.00 Senior Manager' Engineer 170.00 - 190.00 Project Manager 125.00 - 160.00 Project Engineer 120.00- 150.00 Project Surveyor 110.00- 150.00 Assistant Manager 110.00- 135.00 Designer / E.I.T. 75.00- 130.00 GIS Analyst 95.00- 130.00 Environmental Scientist, Geologist & Archeologist 65.00- 160.00 Technician 60.00- 115.00 Clerical 30.00 - 80.00 Survey Crew (4 person) with equipment 195.00 Survey Crew (3 person) with equipment 170.00 Survey Crew (2 person) with equipment 145.00 CADD 25.00 Micro Processor 15.00 Total Station / Data Collector 12.50 GPS 30.00 *Ranges are shown for some employee classifications due to varying rates of individuals performing work. SAN ANTONIO / AUSTIN 555 East Ramsey San Antonio. Texas 78216 HOUSTON / FORT WORTH P 210.375.g000 F 210.3759010 www.pape dawson.com SCHEDULE OF EQUIPMENT RATES Effective June 1, 2014 Daily Charge Rates Organic Vapor Meter 100.00 Interface Probe 55.00 Combustible Gas / Oxygen Meter 55.00 Water Level Meter 25.00 Hand Auger Equipment 75.00 G.W. Field Meters 25.00 Well Sample Kit 15.00 Fd PAPE- DAWSON ENGINEERS RESOLUTION NO. 14 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PAPE - DAWSON ENGINEERS, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires a professional services agreement with Pape- Dawson Engineers, Inc. relating to on -call engineering services for the City; and WHEREAS, City staff has determined that Pape- Dawson Engineers, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Pape- Dawson Engineers, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ill: /:11YI Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Pape- Dawson Engineers, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this I" day of July, 2014. ATTEST: renda Dennis, City Secretary (CITY SEAL) 50506887.1 I '4'ilo WW.l ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 RESOLUTION NO. 17 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY' OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH PAPE - DAWSON ENGINEERS, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Pape- Dawson Engineers, Inc., through Resolution 14 -R -57; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Pape- Dawson Engineers, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Pape- Dawson Engineers, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Pape- Dawson Engineers, Inc. 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS �-r Michael Carpenter, Mayor ATTEST: a Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 . Department: Engineering Agenda No. 9 Subject: Resolution No. 18 -R -102 — A Resolution by the City Council of the City of Schertz, Texas, approving and authorizing an agreement for a Right -of -Way Dedication along Hubertus Road from Comal Independent School District authorizing the acceptance of such Right -of -Way Dedication by the City, and other matters in connection therewith BACKGROUND Hubertus Road currently exists with a variable right -of -way (ROW) width between. approximately 60 and 100 feet. The City's Master Thoroughfare Plan classifies Hubertus Road as a principal arterial class roadway with an ultimate ROW width of 120 feet. As parcels develop along a thoroughfare roadway, the developer is required to dedicate the appropriate amount of ROW to achieve half of the full, ultimate ROW width on the side of the road adjacent to the property being platted. In this case, the property being developed is the Comal Middle School site at the east corner of the intersection of Hubertus Road and FM 482. Coma] Independent School. District (CISD) also owns the parcels on the west side of Hubertus Road between FM 482, approximately 2,000 feet south toward IH -35. Although not being platted or developed at this time, CISD chose to dedicate the ROW along this property so that it could be used for Hubertus Road improvements and water main installation, both of which were prompted by the development of the middle school. Unless the planned ROW of Hubertus Road is widened on a future revision of the City's Master Thoroughfare Plan, no additional ROW will be required to be dedicated when the CISD parcels on the west side of Hubertus is platted and developed. Resolution 18-R -102 approves the City's acceptance of the additional right of way for Hubertus Road from CISD. Community Benefit Approval and acceptance of the right of way along Hubertus Road will provide the space for the improvement of the road to its current ultimate width and allow the city to operate and maintain the roadway facility. Summary of Recommended Action Staff recommends Council approve Resolution 18 -R -102 approving a Right -of -Way Dedication Agreement with CISD, related to widening of Hubertus Road. FISCAL IMPACT There is no direct fiscal impact to the City from this resolution. City Council Memorandum Page 2 RECOMMENDATION Staff recommends Council approve Resolution 18 -R -1.02. ATTACHMENTS Resolution No. 18 -R -102 Right -of -Way Dedication Agreement RESOLUTION NO. 18 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING A RIGHT -OF- WAY DEDICATION INCLUDING PUBLIC UTILITY AND DRAINAGE EASEMENTS, ALONG HUBERTUS ROAD FROM COMAL INDEPENDENT SCHOOL DISTRICT, ACCEPTANCE OF SUCH RIGHT - OF -WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for a right -of -way dedication with Comal Independent School District, (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement "), for the dedication to the City of right -of -way containing three parcels the sizes of which are 0.524, 0.220, and 1.058 acres, as more particularly described on an exhibit attached to the Agreement (the "Right -of- Way "); and accept the dedication of such Right -of -Way in accordance with the terms of the Agreement; and WHEREAS, the City needs to acquire the Right -of -Way in connection with the operation and maintenance of a City water main and the widening of Hubertus Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Grantor pursuant to the dedication document and to accept the dedication of the Right -of -Way in accordance with the terms of the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to accept the dedication of the Right -of.- -Way to the City in accordance with the terms of the Agreement. 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 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A RESOLUTION 18 -R -102 EXHIBIT A NOTICE OF CONFIDENTIALLY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE: ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL„ PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NULMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF COMAL RIGHT-OF-WAY DEDICATION INCLUDING PUBLIC UTILITY AND DR;'kINAGE EASEMENTS Date: tl � t 2018 Grantor: Conial Independent School District 1404 N. Interstate 35 New Braunfels, Conial County, TX 78130-2817 Grantee. City of Schertz, Texas, a home rule municipality Grantee's :Mailing Address: 1400 Schertz Parkway, Schertz, Guadalupe County, Texas 7815d Property: That certain 0.524, 0.220, and 1.058 acre (22804, 9580, and 46081 square feet, more or less) tracts or parcels of land situated in Conial County, Texas, being more particularly described by metes and bounds on Exhibit , "B ", and "C "" attached hereto and made a part hereof for all purposes; For good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged and for which no Tien or encumbrance, either expressed or implied, is retained; Grantor hereby irrevocably dedicates and conveys to Grantee and its successors and assigns.. the Property described above for the use and benefit of the public as a perpetual public right -of -way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation. use, maintenance, inspection, repair, alteration. and replacement of a paved road within the boundaries of the right- of-way and easement area,, and for all other purposes for which a public street and rig ht -of =way is commonly used, including installing, repairing, maintaining, altering, replacing, relocating,; and operating utilities and drainage improvernents in, into, upon, over; across, and under said right -of -gray; and including but not limited to all such uses permitted by the laws of the State of Texas and the ordinances and charter of the City of Schertz, Texas: TO HAVE AND TO HOLD said right-of-way and easement tmto the City of Schertz, its successors and assigns, and GRANTOR hereby binds itself, its successors, and assigns to warrant and forever defend, all and singular, said premises unto the City of Schertz; its successor and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. l %ac r °emaimler of this lava gc huentionally° hlcrrtk, signauire Merge toft)llow, IN WITNESS WHEREOF, this instrument is executed to be effective as of the date set out above. GRANTOR: Bv:r �w"'�' Name: M i e 11 .. j M =L.x 11,,t- �- ------ Title: EKee. ,A# 4i- T 'S'NUc{Ye,v ACCEPTED: THE CITY OF SCIIERTZ, TEXAS, aTexas municipality Acting City Manager State of Texas County of C'bm Lt T�,hiis� ,Right-of = FiELb NoTE DESCRIPTION OF 4ft- troll Beginning: At a found 1/2" iron rod in the southeast right-of-way line of F.M. Highway 482 (a variable width right-of-way) and the southwest right-of-way of Hubertus Road (a variable width right-of-way), same being the north corner of said 4.00 acre tract; Thence: S30014'24"E, coincident with the southwest right-of-way line of said Hubertus Road and the northeast line of said 4.00 acre tract, a distance of 398.91 feet to :a 1/2" iron rod with illegible yellow cap at the north corner of Lot 2, Block I of the Subdivision Plat establishing Harral Subdivision, recorded in Volume 15, Page 374, Deed and Plat Records of Comat County, Texas and the east corner of the right-of-way dedication described herein; Thence: S34°18'10"W, coincident with the line of said Lot 2 and said 4.00 acre tract, a distance of 43,78 feet to a set 1/2" iron rod with cap stamped "CLIDE" for an angle point of the right-of-way dedication described herein; Thence: Traversing said 4.00 acre tract the following: N30021'12"W, a distance of 243.45 feet to a set 1/2" iron rod with red cap stamped "CUDE" fora point of curvature of the right-of-way dedication described herein, 167.49 feet on the arc of a curve concave to the south, having a central angle of 119057'34", a radius of 80.00 feet and a chord bearing and distance of S89"39'13"W, 138.54 feet to a set 1/2" iron rod with red cap stamped "CUDE" for a point tangency of the right-of-way dedication described herein, 529040'26"W, a distance of 124.05 feetto a set 1/2" iron rod with red cap stamped "CUDE" for an angle point of the right-of-way dedication described herein, N60-19'34"W, a distance of 9.00 feet to a set 1/2" iron rod with red cap stamped "CUDE" in the southeast right-of-way line of said F.M. Highway 482 and the northwest tine of said 4.00 acre tract for an angle point of the right-of-way dedication described herein; EXHIBITA Page 2 of 3` sil ie PO.a. IRONROD SCALE 1"�100' d00 50 0 100 4 All LOCATION MAP �;� � rte � �� c' 4 k `heat t4, NOT. TO SCAA.S ,,��"' 2 ^ + 11. .VARIABLE WIDTH �u FIELD NOTE DESCRIPTION • A 0.220 of an acre (9,580 square feet) Right-OfMay Dedication lying in the Raphael Garza Survey No. 98, Abstract No. 175,Com a I County, Texas, same being a portion of Lot 2, Block i of the H a rratsubdivision Plat of record in Volume 15, Page 374, Deed and Plat Records of COmal County, Texas; said 0.220 of an acre (9,580squ are feet) tract of [and being more particutarlydescri bed as follows, Commencing: At a found 1/2" iron-Fro-d-wiTff7flegib e ye low plastic cap in the southwest rigffl� tine of Hubertus Road (a variable width right-bf-Way), same being the east corner of a 4.00 acre tract of record in Document No. 201006020818, official Public Records of Coma[ County, Texas and an angle point of the southwest right-of-way line of said Hubertus Road, Thence: 834'18'10"W, coincident with the southeast tine of said 4.00 acre tract, and the right-of- way line of Hubertus Road, a distance of 11.07 feet to a set 1/2" iron rod with cap stamped "CUDE" for the north corner of said Lot 2 and the Point of Beginning of the right-of-way dedication described herein; Thence: S30020'58"E, coincident with the southwest right-of-way line of said Hubertus Road and the northeast line of said Lot 2, a distance of 324.18 feet to a set 16" iron rod with red cap stamped "CURE" in the northwest line of a 78.60 acre tract of land of record in Document No. 201006024478, Official Public Records of Coma[ County, Texas, and the east corner of said Lot 2 for an angle point of the right-of-way dedication described herein; Thence: S34019'39"W, coincident with the northwest line of said 78.60 acre tract and the southeast tine of said Lot 2, a distance of 32.68 feet to a set 1/2" iron rod with red cap stamped "CUD E" for an angle point of the right-of-way dedication described herein; Thence N30021'12"W, traversing said Lot 2, a distance of 324.15 feet to a set 1/2" iron rod with red cap stamped "CURE" in the southeast tine of said 4.00 acre tract and the northwest line of said Lot 2 for an angle point of the right-of-way dedication described herein; Thence: 1 34018'10"E, coincident with the southeast line of said 4.00 acre tract and the northwest line of said Lot 2, a distance of 32.71 feet to the Point of Beginning and containing 0.220 of an acre (9,580 square feet) of land. EXHIBITB Page 2 of � SCALE; 1'`'100' _ z v 4I I.. " i1FYEILOW AP 1II.$T'� YELLt74YCAF a w e"°rua y 3o'tikWttVUR POINT 2 d ACCM 'a 'sirya w1 FS, PL 3lx QF.PG r. w ryp9 (ry's yy qp' EE /�gg pp�� MAP ��^y1 L4II 4k4iBV 18 TIMC I'NpNV.nE BGRAD4FTRUSTFESGFTHECOMAL t "'' wc 3)0 INDEPENDENT SCHOOL DISTRICT ,,, L1,F,x;CL:r. NOT TG SCALE 4,00 ACRES �. DOC, 4201006020518:. O.P.R.C.C.T. 1:' ME ,FC. are` +k tlP.P.CC. T. r .}} w Y VARIABLE WIDTH a z R.C.W. DEOWATION, 0.224 AC. '4 wL as, Prn 374....... r.- 9,580 5,.F, n SSW. WL J4 PG3Pe... CORAL ISO \ ac�saa+ivr HARRAL SU BDIVISHON 'JPL _$SPC.3i4 LOT 2, BLOCK d: VOL. 15, PG. 374 D.P.R.C.C.T:. '+.. a w w m NOTES, BOARD OFTRUSTEES OF THE COMAL INDEPENDENT ur SCHOOL DISTRICT 1, Basis of Beatings is the Texas: 7 860 ACRES 4.... State Plane Coordinate System, DaC. #20i0 z8 y x O.P.R.C.r.T. C.T. South Central Zone (4204), NAD 83 (93): 2. A Metes and Bounds description j accompanying this Exhibit plat of even date. OF 3. All corners shown hereon are iT LEGEND 3/2"' iron rods with red plastic � C cap stamped "CURE" set unless m ' otherwise noted. 1G L . U D.P.R. C.C.T. = DEED AND PLAT RECORDS OF E a �e�� r COMAL COUNTY TEXAS 1'R O,P,R.C.C,T: = OFFICIAL RECORDS OF " COMAL COUNTY TEXAS P.O.B. = POINT OF BEGINNING fl PO7C. = POINT OFCOMMENCING F. I.R.= FOUND IRON ROD AS NOTED g 0 i,LR,- SETIRONRODWITHREDPLASTIC z CAP STAMPLED "CUDE" OR AS NOTED PAGE OF m NUDE ENGINEERS EXHIBIT OF 4122 PO N D HILL RD. " SUITE 101 e SAN ANTON10 TEXAS 78231 A 0.220 OF AN ACRE (9,580 SQUARE FEET) RIGHT -OF -WAY DEDICATION LYING IN THE TEL 210.681.2951 ° FAX 2113.523.7112 RAPHAEL GARZA SURVEY NO, 98, ABSTRACT NO, 175, COMAL COUNTY, TEXAS, SAME BEING A PORTION OF LOT 2, BLOCK IOFTHEHARRALSUBDiVISION PLAT OF RECORD INVOLUME 4V�VW.CUDEE GINEERS.COM 15 PAGE 074, DEED AND PLAT RECORDS OF COMAL .COUNTY, TEXAS. 6 F*01 � TBPE FIRM #455 TBPLS FIRM 41004850 a. DATE: May 24, 2017 JOB Ill 02185.A40 a; FIELD NOTE DESCRIPTION • 1.058 ACRE (46,081 SQUARE FEET) N,,. •� A 1,058 acre (46,081 square eet Rig Abq ract No, 175, Coma! Count�,,.—Texas-, same bein, , a Rortion of a Warranty Deed to the Board of Trustees of the Corhat Independent School District date Ju y 27 2010 and recorded in Document No. 201006024478, Official Public Records of Coma[ County, Texas-, said 1.058 acre (46,081 square feet) tract of land being more particularly described as follows: Commencing: At a found 1/2" iron rod with cap stamped "Pape Dawson" in the southwest right-of-way line of Hubertus Road is variable width right-of-way), same being the north corner of a 7.187 acre tract of record in Document No, 201406031056, Official Public Records of Coma[ County; Texas; Thence: S53"49'38"W, coincident with the northwest line of said 7.187 acre tract and the southeast right-of-way line of said Hubertus Road, a distance of 13.94 feet to a set 1/2" iron rod with red cap stamped "CUDE" for the east corner of said 78.60 acre tract and the Point of Beginning of the right-of-way dedication described herein; Thence: S53049'38"W, continuing with the northwest tine of said 7.187 acre tract and the southeast line of said 78.60 acre tract, a distance of 3.92 feet to a set 1/2" iron rod with red cap stamped "CUDE" for an angle point of the right-of-way dedication described herein; Thence: Traversing said 78.60 acre tract the following: 126.98 feet on the arc of a curve concave to the southwest, having a central angle of 06022'55", a radius of 1140.00 feet and a chord bearing and distance of 1 27010'33"w, 126.92 feet to a set 1/2" iron rod with red cap stamped "CUDE" for a point of tangency of the right-of-way dedication described herein, UTN't 11101C in Volume 15, Page 374 • the Deed and Plat Recorcls of Comal County� Texas and the northwest tine of said 78.60 acre tract for an angle point of the right-of4ay dedication described herein, EXHIBITC Page 2 of 3 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Fire Subject: Resolution No. 18-R-104: Authorizing the Acting City Manager to enter into an agreement for the purchase of one (1) fire apparatus and associated equipment. BACKGROUND With three stations now operational, Staff has serious concerns having only one reserve fire engine. Staff has explored the option of purchasing a second reserve fire apparatus. This second reserve apparatus would be housed at Fire Station # 3. It would also be available to use at any Station in the City when a front -line apparatus is out of service for maintenance or repairs. With the purchase of a second reserve engine, Schertz Fire Rescue will have 3 new frontline apparatus and 2 new reserve apparatus. With a front -line fleet of three fire engines we routinely have one of the three vehicles down for maintenance. This maintenance is either preventative maintenance (oil changes, maintaining pumps and various equipment, electrical checks, etc) or critical failures (DEF fluid error, check engine lights, tire repairs, pump and electrical failures, etc). Due to the complexity of the systems on fire engines, routine preventative maintenance requires time every month to keep the apparatus operating as built. Additionally, with the tough conditions emergency vehicles operate under, it is not unusual to have multiple critical failures in each apparatus annually. When we had two stations, a single reserve was able to allow both preventative maintenance and critical failures to be appropriately addressed. With three front -line engines we struggle to keep up with the maintenance needs of all three with a single reserve. This has led to several occasions where preventative maintenance processes have been interrupted or postponed to address a critical failure and still have three engines in service. Industry standards traditionally call for 35 -50% of a fleet size in reserve. In large fleets, there is capacity to keep the percentage of reserves lower and that percentage traditionally rises as a fleet size decreases. Where a single reserve was highly appropriate with two in service engines, we need a 2nd reserve now that we have three. This second reserve will be adequate going forward as we move to a fourth engine and, depending upon the overall age of the fleet when it occurs, potentially even when we move to a fifth engine. Staff believes that moving forward with a stock engine build is appropriate for a reserve engine. A "stock engine build" is using a pre - programmed chassis that the manufacturer already has in line for production to design an engine that has identical operational components of the other Schertz Fire Rescue apparatus. It would provide the Department with a second reliable reserve apparatus that would have up to a fifteen -year life span. In addition, because the stock build process engine is nearing the construction start date, it is expected that we could receive delivery of it within 6 -8 months as opposed to the normal 12- 13 months. If the purchase is made prior to the engine starting construction, we would have the ability to modify the specifications to match that of our current fleet. The price of the apparatus will be greater than $50,000 and in lieu of bids, Staff recommends making this purchase through the Houston /Galveston Area Council of Governments purchasing cooperative. This is an authorized purchase cooperative for the City of Schertz and is the method utilized for previous fire engine purchases. Goal Authorize the Acting City Manager to execute the contract for the purchase of one (1) fire apparatus and authorize funding through certificate of obligation bonds for the apparatus and associated equipment. Community Benefit Fire service in the community is expected to improve with the purchase of the new fire apparatus due to increased reliability, greater functional capability, and reduced repair costs of its apparatus fleet. FISCAL IMPACT Funds for this item will be from the 2018 CO Bonds. The project is set at $650,000 for the apparatus and associated equipment. The quoted price for this stock build engine is $656,119.00 and by paying in advance, we will receive a prepay discount of $18,135. The cost of using H -GAC is $2,000. This leaves approximately $1.0,000 for equipment needed to place the apparatus in service. Approval of Resolution 18 -R -104 ATTACHMENT(S) Resolution 18 -R -104, Fire Apparatus Resolution Backup, Fire Apparatus Contract. RESOLUTION NO. 18 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FIRE APPARATUS AND ASSOCIATED EQUIPMENT WHEREAS, the Schertz Fire Rescue has a need to add an additional reserve fire apparatus due to the overall growth of the Department; and L u • t i n , a IN 111IR wateg WHEREAS, the Schertz Fire Rescue has chosen Pierce Manufacturing as meeting its pricing and functional requirements for fire apparatus, and will purchase associated capital equipment as part of this project, then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to execute a contract with Pierce Manufacturing and /or its dealer Siddons -Martin Emergency Group, to purchase one (1) fire apparatus as described in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which. this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A One Type 1 Engine with seating for four personnel, 1.500 GPM pump, 750 gallon water tank, 30 gallon foam tank, and associated equipment. Estimated Fire Apparatus Cost $656,1.1.9.00 Less Prepayment discount $18,135.00 HGAC Fee $2,000.00 Associated Equipment $1.0,016.00 Total Vehicle $650,000.00 015 Protecting June 4, 2018 Kade Long, Fire Chief Schertz Fire Department, City of 1400 Schertz Pkwy #8 Schertz TX 78154 Proposal for 2018 Velocity PUC Pumper 3500 Shelby Lane Denton, Texas 76207 GDN P115891 TXDOT MVD No. A115890 EIN 27- 4333590 Siddons- Martin Emergency Group, LLC is pleased to provide the following proposal to Schertz Fire Department, City of. Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery FOB Schertz Fire Department, City of and training on operation and use of the apparatus. Description Amount 4595470, No. 698, 2018 Velocity PUC Pumper Pierce, Velocity, Pumper, PUC, DD13 505, 750 gal, PUC 1500 Price guaranteed for 30 days. Delivery within 6 -7 months of order date. A warranty term of 12 months is included. Vehicle Price $ 656,119.00 Full Prepay Discount ( $ 18,135.00). Total amount due with order. To receive full Prepay Discount ($ 18,135.00) prepayment discounts, payment is due to Siddons- Martin within 30 days ARO. SUB TOTAL $ 637,984.00 H -GAC FS12 -17 TOTAL $ 2,000.00 $ 639,984.00 Taxes. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and /or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Late Fee. "Interest on overdue payments shall be calculated in accordance with Chapter 2251 of the Texas Government Code, Prompt Payment Act." With this change Cancellation. In the event this proposal is accepted and a purchase order is issued then canceled or terminated by Customer before completion, Siddons - Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons- Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons - Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons- Martin to conduct such sale. Acceptance. In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons- Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of TX. No additional terms or conditions will be binding upon Siddons - Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons- Martin Emergency Group, LLC. Proposal 303579.2 112 06 -04 -2018 Sincerely, Greg Tatsch Siddons- Martin Emergency Group, LLC I, , the authorized representative of Schertz Fire Department, City of, agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. Signature & Date Proposal 303570.2 212 06 -04 -2018 Agenda No. 1 I CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Engineering Department Ordinance No. 18 -S -24— Consideration and/or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC) Articles 9 and 1.6 to amend certain site design standards for public water and wastewater facilities. (Final Reading) BACKGROUND As stated in the City of Schertz Unified Development Code (UDC), City Council, from time to time, on its own motion, or at the recommendation of City Staff, makes amendments to change or modify the text of any portion of the UDC to establish and maintain sound, stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Generally, Article 9 Site Design Standards was developed with commercial and multi - family uses in mind, not public water and wastewater facilities. During the development of a number of recent Capital Improvement Projects involving water and wastewater facilities, Engineering Staff has found that several of the requirements in the UDC are in conflict with the goals of these facilities, specifically with regard to buffering, landscaping, tree planting, and architectural requirements. Examples of these conflicts include the following: • Water and wastewater facilities, including water storage tanks and booster stations and wastewater lift stations, are generally planned in a way to optimize a small land area in order to minimize the amount of land that needs to be purchased by the public entity. The UDC requirement for a buffer between nonresidential and residential property adds unusable space to the land area needed for the facility while not providing a benefit to adjacent properties. Activities at the sites are infrequent and generally inconspicuous, meaning a buffer is not particularly useful. • The unique nature of these sites includes a significant number of underground utility lines that present potential conflicts with planting requirements within the facility. • Some Texas Commission on Environmental. Quality (TCEQ) requirements for site security can be in conflict with the UDC standards with regard to perimeter fencing. A required security measure option that meets UDC standards is an eight -foot masonry fence. That City Council Memorandum Page 2 fence achieves screening of the interior of the site that would otherwise need to be screened from the public view via landscaping required by the UDC. • Building structures within the sites are generally very small and commonly constructed of industrial -type materials. The construction of an eight -foot masonry fence surrounding the facility (meeting TCEQ site security requirements) will cause structures or any interior site landscaping to be out of view from the public way. In the past, variances have been processed to allow for deviations from the current UDC requirements for water and wastewater facilities. Each of these variances requires Planning and Engineering Staff time to prepare and present to the appropriate board or commission. Through a series of internal meetings, Planning and Engineering Staff determined that it would be appropriate to make the necessary changes to the UDC in order to render the conditions approved under the repeated variances outright permissible. The modifications will also work to prevent underground conflicts and more efficiently use the space without creating any new detrimental impacts to surrounding properties. In the proposed changes, reduced buffering and the elimination of the requirements for internal landscaping are only permitted when an eight foot masonry wall is constructed at or near the property line, reducing the impact on adjacent properties. The changes being proposed are limited to public water and wastewater facilities as defined in the definition that is proposed to be added to Article 16. It is also worth noting that the amendments have been proposed in a way to convey the intent that the subject water and wastewater facilities will still maintain unobtrusive appearances that do not conflict with the desirable visible character of the community as much as possible, while functioning in an efficient manner. This amendment was drafted by Planning and Engineering Staff. Public hearing notice was published in the San Antonio Express News on June 20, 2018. City Council approved this on first reading at their meeting of July 24, 2018. PROPOSED AMENDMENTS: Below is a summary of the proposed amendments to Article 9 0 Section 21.9.5 Exterior Construction and Design Standards o 21.9.5.B.1: Proposed change to exempt public water and wastewater facilities from the requirements of this section to allow the structures of these facilities to not adhere to the exterior architectural requirements. • Section 21.9.7 Landscaping • 21.9.7.E.1: Proposed change to exempt public water and wastewater facilities from the planting requirements of this section. • 21.9.7.G.2: Proposed change to exempt public water and wastewater facilities from landscape buffering requirements. • 21.9.7.H.1: Proposed change to exempt public water and wastewater facilities from interior landscaping requirements when an eight -foot masonry fence is provided at or near the property boundary. City Council Memorandum Page 3 o 21.9.7.H.2.b.: Proposed change to exempt public water and wastewater facilities from installing a 10 -foot perimeter landscape area when an 8 -foot masonry fence is provided at or near the property boundary. • Section 21.9.8 Screening and Fencing • Section 21.9.8.B.1: Exempting public water and wastewater facilities from this provision so that opaque fencing could be placed in the front yard for public water and wastewater facilities. • Section 21.9.8.B.2.b: Proposed to allow three strand barbed wire on top of chain link fencing if being used for public water and wastewater facilities so long as fencing is not visible from public rights -of -way or adjacent properties. • Section 21.9.9 Tree Preservation and Mitigation o 21.9.9.C.1 and 21.9.9.C.2: Appeals related to approval by the Director of Parks, Recreation, and Community Services for tree removal permit may be appealed to the Planning and Zoning Commission. Below is a summary of the proposed amendment to Article 1.6 • Section 21.1.6 Addition of the proposed definition for public water and wastewater facilities. Goal To amend the UDC to review and update the development regulations due to the unique constraints of public water and wastewater facilities. Community Benefit It is the City's desire to promote efficient development of public facilities to best utilize public funds while maintaining compliance with the City's development requirements. Summary of Recommended Action Review and approve Ordinance 1.8 -S -24 amending the UDC, Articles 9 and 16. FISCAL IMPACT None RECOMMENDATION This item was presented to the Planning and Zoning Commission on April 25, 2018 and May 9, 2018. During both meetings, the Commission tabled the item for discussion and action during a future meeting to allow staff additional time to revise the proposed amendments to address concerns raised by the Commission. During the May 9th meeting, the Commission decided to create a subcommittee that would discuss with staff the proposed amendments and potential ways to further revise the amendments to address concerns that the Commission raised. The subcommittee met on May 23, 2018 to go over each proposed amendment. After meeting with the subcommittee, staff made more edits to the proposed UDC Amendments and on June 13, 2018, staff presented the latest proposed amendments to the Commission as a workshop /discussion item City Council Memorandum Page 4 for further review so that any remaining revisions would be made prior to bringing the proposed amendments back to the Commission for action. Staff finalized the proposed UDC amendments based on comments provided by the Commission during the June 13, 2018 workshop. On June 27, 2018, the Planning and Zoning Commission offered a recommendation of approval with a vote of 6 -0. City Council approved this on first reading at their meeting of July 24, 2018. Staff recommends approval of Ordinance 1.8 -5 -24 an amendment to the Unified Development Code (UDC), to subsections in Articles 9 and 16 to amend certain site design standards for public water and wastewater facilities as presented. ATTACHMENT Ordinance 1.8 -5 -24 Unified Development Code Article 9 and 16 Amendments City Council Memorandum Page 5 Unified Development Code Article 9 and 16 Amendments Sec. 21.9.5.B.1. Exterior construction and design standards. B. Applicability. The provisions of this section are deemed to be minimum standards and shall be applicable to the following: 1. All new buildings within the corporate limits of the City except public schools ands c water and wastewater facilities: and See. 21.9.7.E. Landscaping. E. Landscape Installation Required. 1. A,4[? l c P cl t . The . rovisions of this sectio to ll_ ap ly tc�. ILL �,1 L -_!public water and wastewater facilities. 2. A minimum of twenty percent (20 %) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20 %) requirement shall apply to each phase as it is developed. 3. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9) trees per acre, calculated at sixty percent (60 %) of the gross lot area or by exclusion of the main enclosure structure ground floor area from the gross lot area, whichever is less. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. a. Every single family residential lot shall provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. b. Any property that is unable to satisfy the tree requirements of this section shall be required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC. 3. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. 4. Artificial plants or turf shall not be counted towards meeting the requirements of this section. City Council Memorandum Page 6 Sec. 21.9.7.G. Landscaping. G. Nonresidential and Multifamily Landscape Buffer Requirements. 1. In addition to any screening requirements of section 21.9.8, a nonresidential or multifamily use adjacent to a residential use or residentially zoned property shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. 2. The landscape buffer and planting regUirenients do r1o1 apply o pubjic water and wastewater facilities if as g It l et sgnU fea1 g_ts provided-at. o.r n,ear the prra erty ouatdary. Sec. 21.9.7.H. Landscaping. H. Parking Area Landscaping. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from these standards. Section H does not apply to public schools. 1. Interior Landscaping. A minimum of ten percent (10 %) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and /or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. Interior landscami 2: re a cements do not to public water and wastewater facilities. if an Vii. slit fget ' . auasatary en e is provide at or near thg re ndgEy� a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. e. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (1.0') by twenty feet (20') in size. d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. 2. Perimeter Landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights - of -way with a wall, berm or combination of hedge and berm. Any living barrier shall be established in a minimum five foot (5') planting strip. Plants and materials used in living City Council Memorandum Page 7 barriers shall be at least thirty inches (30 ") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one (l) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off - street parking lots and other vehicular use areas from public rights -of -way and adjacent residential properties. a. Whenever an off - street parking or vehicular use area abuts a public right -of -way, except a public alley, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right -of -way and the off - street parking or vehicular area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right -of -way shall be permitted through all such landscaping. b. Whenever an off - street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3') in height and a maximum of eight feet (8') in height. The rat o this subsection do not pp tq ptjj fic water and wastewater facilities if _gil it feeet n asc � ry tutee is pro lde at or tear flee toraert boundary. c. Perimeter landscape areas shall contain at least one (1) shade tree for each fifty linear feet (50'), or fraction thereof, of perimeter area. Sec. 21.9.8.B.2.b. Screening and Fencing. 1. Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be non - opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes and regulations. All fences for public water and wastewater facilities are allowed to be opaque.2. Fence Materials. a. Materials Permitted. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. City Council Memorandum Page 8 Sec. 21.9.9.0 Tree Preservation and Mitigation. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.13.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Trees. Any Protected Trees not exempt from preservation in section. B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Plannin qnd opi�� C"�aimniissi n in accordance with section 21.4.1.4 of this UDC. 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Piannj� a� ii g Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. Update Article 16 Definitions to include: Public, it ater and it a.stewater 1 °acilit Ativ reservoirs towers tat lc pram stations or other r iatc ppttrt t a{ eS Use r the patpta _qf pEoviEin &potable mwater or wastewater Uti �y service, Opialalc sacs is not considered. a. part of "the public water andlot wastcwalcr facility, ORDINANCE NO. 18 -S -24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART I11, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLES 9 AND 16 TO AMEND CERTAIN SITE DESIGN STANDARDS FOR PUBLIC WATER AND WASTEWATER FACILITIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; WHEREAS, on June 27, 2018 . the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on July 24, 2018 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 24th day of July, 2018. PASSED, APPROVED AND ADOPTED on final reading the 7th day of August, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 9 and 16 Amendments See Attached Addition of language to Sec. 21.9.5.B.1. (Exterior construction and design standards) 1. All new buildings within the corporate limits of the City except public schools and public water and wastewater facilities; and Addition of a subsection with language to Sec. 21.9.7.E. (Landscape Installation Required) E. Landscape Installation Required. 1. APPli ab lity. The provisicar s e�f dais sc ctio � shall apples t l cl v lopnac �t c cep _p�qblmi water and wastewater facilities. 2. A minimum of twenty percent (20 %) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20 %) requirement shall apply to each phase as it is developed. 3. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9) trees per acre, calculated at sixty percent (60 %) of the gross lot area or by exclusion of the main enclosure structure ground floor area from the gross lot area, whichever is less. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. a. Every single family residential lot shall provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. b. Any property that is unable to satisfy the tree requirements of this section shall be required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC. 3. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. 4. Artificial plants or turf shall not be counted towards meeting the requirements of this section. Addition of subsection with language to Sec. 21.9.7.G (Nonresidential and Multifamily Landscape Buffer Requirements) G. Nonresidential and Multifamily Landscape Buffer Requirements. 1. In addition to any screening requirements of section 21.9.8, a nonresidential or multifamily use adjacent to a residential use or residentially zoned property shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (1.0) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. 2. The landscape buffer and planting requirements d zot 1 u l c water an wastewater facilities _i_f _ a_.n ci fig S' ID, s � �'c i� f -g)Y & pat or Bar the j c art boundary, Addition of language to Sec. 21.9.7.11.1 (Interior Landscaping) 1. Interior Landscaping. A minimum of ten percent (1.0 %) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and /or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. Interior lands a 4 cir lt4 ements do not 1v t� zl b] Lc w ter and wastewater i'aci hies ifan ez(,ht f'e-t ( ') inas (>niy fence is provide at oa i��r the ro ty bo�a:��darya a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. c. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. Addition of language to Sec. 21.9.7.H.2.b (Perimeter Landscaping) b. Whenever an off- street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3') in height and a maximum of eight feet (8') in height. The r t u' rrA�ar��_��f this subsection do not Mply tc_ pq_�Iic water and wastewater facilities if an,,ei It nrasonr fence is rovide at or near the ro ert boundary. Addition of language to Sec. 21.9.8.B.1 (Fences in Nonresidential and Multifamily Areas) 1. Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be non - opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes and regulations. All fences for public water and wastewater facilities are allowed to be oDaaue. Addition of language to Sec. 21.9.8.B.2.b. (Fence Materials) b. Prohibited Materials. Above - ground electrical fencing, wire mesh (such as hog wire or chicken wire), and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals. Three strand barbed wire on t;op_�)f ghain link 1encin is p ,ex°mittcd when associated with a�i#�lic T 1cr �d w st �vatcr 1 lilies �d whc� cat visible from ublic rio ts- of -w, r � jLc CC91 0 q ties. Change in language to Sec. 21.9.9.C.1 Tree Preservation and Mitigation. 1. Protected Trees. Any Protected Trees not exempt from preservation in section. B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the PIT 12ing a:a 3 er i rt xz issiot in accordance with section 21.4.1.4 of this UDC. Change in language to Sec. 21.9.9.C.2 Tree Preservation and Mitigation. 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Plan a and Zoni r Q(2m ai*ssion in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. Addition of a definition to Article 16 Definitions to include: Public Water and Wastewater Fcac° City.° y pesgt i t )Nve taa�ks� a p 5tat qq or other related a�rtcr :aces rased fir the �r. osc rs°rovicli otllcvatcr car wstcvatcr �ztili iY seryice. Occuljimm a_Le s qce, is not c ons� a i g q t is watery and/or wastewater ("eit .. � - at Agenda No. 12 0111 &WOL11"Llus IaU 1 DIU [o7 710 Rod City Council Meeting: August 7, 2018 Department: City Secretary /Council Subject: Appointments and Resignations to the various City Boards, Commission and Committees BACKGROUND The Interview Board for Boards, Commissions, and Committees held a meeting on Thursday, July 31, 20] 8 to conduct interviews and consider appointments /resignations to the various Boards, Commissions, and Committees who have vacancies: The Interview Board requests that Council approve the resignations _ of: - Mr. John Correu, from the Transportation Safety Advisory Commission (TSAC) - Ms. Sandy Keiser, from the Library Board. The members of the Interview Board agreed to recommend to Council the following appointments: • Building and Standards Commission o Charles Kelm • Library Advisory Board • Cindy Vigil — Appoint as Regular Member • Robert Lopez — Alternate Member • Parks and Recreation Advisory Board o Carol Yauger — Alternate Member • Transportation Safety Advisory Commission (TSAC) • Charles Cornelisse — Appoint as a Regular Member • Fernando Heyward — Alternate Member o Brandon Bristow — Alternate Member The following boards currently have the following vacancies still open: • Building and Standards Commission 2 Regular members and 2 Alternate members • Economic Development Corporation 1 Regular member (Potential Candidate appointee is waiting for final approval from his employer, staff has informed the Interview Committee and will bring back appointment at a future meeting). City Council Memorandum Page 2 FISCAL IMPACT None RECOMMENDATION Based on the recommendations by the Interview Board staff recommends Council approve the resignations and appointments as stated above. Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Police Department Subject: Resolution No. 18 -R -106 — Authorizing the Acting City Manager to enter into an Interlocal Agreement with the Texas Department of Public Safety Interlocal Agreement for Purchasing of Law Enforcement Supplies 1 X1 4',T" Z111L`I 1 Texas Department of Public Safety, General Stores has specific supplies available for purchase by local law enforcement agencies. The supplies are in the area of evidence collection. Texas Department of Public Safety purchases these recurring supplies in great bulk. They, then, pass the savings on to local law enforcement agencies. This renewal of an interlocal agreement allows for Schertz Police Department to continue participation in this program. Goal Provide an opportunity for the discounted purchase of specific recurring supplies. Community Benefit Cost savings on the purchase of recurring supplies Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Acting City Manager to enter into this renewal with the Texas Department of Public Safety. HMG• Wl There is no fiscal impact with this agreement other than an anticipate cost savings. Approval of Resolution No. 18 -R -106 ATTACHMENT(S) Resolution No. 18 -R -106 Interlocal Agreement RESOLUTION NO. 18 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE PURCHASE OF RECURRING SUPPLIES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Texas Department of Public Safety, General Stores offers specific recurring supplies for sale to local law enforcement agencies; and WHEREAS, the Texas Department of Public Safety, General Stores is able to purchase such supplies at great discounts and then passes along said discount; and WHERAS, it is in the best interest of the City of Schertz to purchase said supplies from the Texas Department of Public Safety, General Stores at an anticipated discounted cost; and WHEREAS, the Schertz Police Department requests to continue in this agreement; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City renew the agreement; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to enter into the renewal attached in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - INTERLOCAL COOPERATION CONTRACT DPS GENERAL STORES P.O. BOX 15999 AUSTIN, TEXAS 78761 -5999 STATE OF TEXAS TRAVIS COUNTY THIS CONTRACT is entered into between the Department of Public Safety (DPS) and the Local Governmental Entity listed in Section I (Contracting Parties) under the authority of the Texas Government Code Chapter 791 (the Interlocal Cooperation Act) and in furtherance of the responsibilities of DPS as provided in Texas Government Code Chapter 411. I. CONTRACTING PARTIES Department of Public Safety M Local Governmental Entity:Gi Complete Address: Il{pI�,CG[nP�Z17Ce_A -'(d ,��j,T),, ,iS-0 Street Address City and State Zip Code Email Address C he,(�GACnC.r6(z �;rbe ?Vfia CU CV-) II. STATEMENT OF SERVICE DPS will provide certain forms, manuals, gunshot residue kits, and other supplies for the Local Governmental Entity to use in the Breath Testing and Laboratory Alcohol and Drug Testing Program. The purpose and objective of this Contract is to facilitate the use of uniform and consistent procedures, paperwork, printed materials, and supplies. III. BASIS FOR CALCULATING COSTS Costs will be in accordance with the DPS General Stores' non -DPS users price sheet. IV. PAYMENT FOR SUPPLIES Local Governmental Entity must submit full payment to DPS at the time of order. Payment will be made from the Local Governmental Entity's current revenues. V. TERM OF CONTRACT This Contract is effective as of the date of the last party to sign the contract and ends on August 31, 2021. THE UNDERSIGNED CONTRACTING PARTIES bind themselves to the faithful performances of this Contract and have full authority to enter into this Contract on behalf of the respective parties. If the governing body of a party is required to approve this Contract, it will not become effective until approved by the governing body of that party. In that event, this Contract will be executed by the duly authorized official of the party as expressed in the approving resolution or order of the governing body of said party, a copy of which must be attached to this Contract. Name of Local Governmental Entity C Authorized Signature Title Date: DEPARTMENT OF PUBLIC SAFETY Name of Agency C Authorized Signature Title Agenda No. 14 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Finance Subject: Resolution No. 18 -R -94 - CONSIDERATION AND APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE BACKGROUND For a City to spend funds and later reimburse itself from the proceeds of a debt sale, it must first adopt a Reimbursement Resolution. A reimbursement resolution is required by U.S. Treasury Regulation Section 1.150 -2 and must outline the projects that funds will be expended toward as well as the dollar ainount of those projects in aggregate. A reimbursement resolution may cover funds expended 60 days prior to the adoption of the Resolution and up to 18 months after the adoption of the Resolution. On July 10, 2018, the City entered into a funding agreement with the Texas Department of Transportation (TxDOT) for FM 1518 improvements with resolution 1.8 -R -76. The funding for this project was approved in the 2015 . Bond Election that authorized $7,000,000 to assist TxDOT with the FM 1103 and FM 1518 expansions. $2,000,000 was previously issued for FM 1103 but the remaining $5,000,000 for FM 1518 has not been issued. On November 28, 2017, Council passed resolution 17 -R -1.08 stating the City would contribute an additional $5,000,000 in bonds to complete phase 2 of the FM 1518 project for a total contribution of $1.0,000,000. These contributions do not include utility relocation costs. The City Council has previously authorized staff and consultants to pursue a refunding for debt service savings to take place in the fall. Since the Council was briefed on this opportunity, the Texas Department of Transportation (TxDOT) has requested $600,656 per the FM 1518 expansion agreement for the procurement of right of way and has requested the fund be delivered prior to October 2018. The City will now pursue the refunding in conjunction with a new money bond sale through a General Obligation and Refunding Bond. This is the most cost - effective way to finance the funding request since the City is already selling a refunding bond and the new money portion may be added to the financing with very little additional cost. Funds are expected to be delivered on November 14, 2018 and will be reimbursed to the City's General Fund at that time. The City will only issue $600,656 of the $10,000,000 City contribution at this time. TxDOT will not request any additional funds until its ready for construction in a few years. Staff wants to avoid issuing the full amount early and reduce the City's capacity to fund other bond projects while TxDOT works on engineering and design of the FM 1518 improvements. The Resolution will allow the City to begin work on certain projects outlined in the resolution without having to wait until funds have been delivered to the City from the sale of its forthcoming General Obligation and Refunding Bonds, Series 2018, scheduled to close on November 14, 2018. The City is under no obligation to ever spend any money in advance of the closing of the Obligations, but the Resolution allows the City to do so if it is in the City's best interest. It is in the City's best interest to adopt a reimbursement resolution if it is remotely anticipated that funds may need to be expended toward projects to be financed later as it does not bind the City to issue debt or expend funds unnecessarily. FISCAL IMPACT The General Fund will pay the requested $600,656 to TxDOT and will be reimbursed in full once the bond funds arrive in November 2017. The General Fund has the capacity to make the payment in advance of the bonds with current projections of the year -end Fund Balance of $11,600,000. RECOMMENDATION Staff recommends approving the Reimbursement Resolution. Recommended motion "I adopt a reimbursement resolution" ATTACHMENT(S) Reimbursement Resolution (No. 18- R -94). ,move to approved Resolution 18-R-94 to RESOLUTION NO. 18 -R -94 A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Schertz, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) designing, acquiring, constructing, renovating, improving, and equipping City street (primarily FM 1103 and FM 1518), curb, sidewalk, and gutter improvements, demolition, repair, and rebuilding of new and existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the purchase of land, easements, rights -of -way, and other real property interests necessary therefor or incidental thereto, such expenditures having been the subject of a bond election that was held by the Issuer on November 3, 2015 (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.1.50 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax - exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $600,656 to finance a portion of the costs of the Project; and 73191084.2 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds ", as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7. 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 Governing Body. SECTION 8. All ordinances and 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, -2- 73191084.2 and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 1.0. 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 Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. 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, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 73191084.2 PASSED, ADOPTED AND APPROVED on this the 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) -4- 73191084.2 Agenda No. 15 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Subject: BACKGROUND: Finance DISCUSSION OF POTENTIAL REFUNDING OPPORTUNITY OF OUTSTANDING CONTRACT REVENUE BONDS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION TO ACHIEVE DEBT SERVICE SAVINGS FOR THE CORPORATION AND THEREFORE THE CITY OF SCHERTZ The Schertz /Seguin. Local Government Corporation was created on December 23, 1998 . on behalf of the City of Schertz and Seguin to assist in acquiring water outside of the Edwards Aquifer. The Corporation was created by the Cities to operate a wholesale water system for the benefit of the two City's Utility Systems. The Corporation has financed the construction of well fields and cross - country pipelines and today provides a reliable, drought - resistant water source. The Bonds are supported by Contracts between the Cities and the Corporation and the liability is evenly split between the two Cities. Currently, the LGC has $1.40,01.5,000 of Bonds Outstanding. FISCAL IMPACT From time to time, refunding opportunities arise that will reduce the annual debt service payments. The Series 2010 Bonds become callable on February 1, 2019 and in current market conditions it is estimated that $1,600,000 of interest rate savings can be generated. Sine the liability is 50 %150 %. Each City would benefit by approximately $800,000. The Average Annual Debt Service on the Series 2010 Bonds is $1,389,500 (through 2041) and the City of Schertz is responsible for $694,750 (one half of the payment). if the Refunding is successful we anticipate the new payment to be approximately $1,315,000 with the City of Schertz responsible for $657,500. This will produce savings to the City of Schertz of $37,250 /year for 22 years. SAMCO Capital Markets, the City's and the Corporation's Financial Advisor, proposes to sell the refunding bonds on November 13, 2018. . To complete the transaction, the SSLGC Board will need to approve proceeding and then each City will need to ratify the SSLGC Board action. On July 31St the SSLGC Executive Committee is being briefed about the Refunding opportunity. On August 16th the entire SSLGC Board will be briefed. Assuming the SSLGC board approves the refunding idea, the Board will take formal action on September 20, 2018 to formally authorize the refunding. The City of Schertz would meet September 25th to ratify the LGC's action. The City of Seguin will meet on October 2, to also ratify the action. Only after the two City's approval can the SSLGC proceed to a bond sale. At this time there are is no action required by the City Council. This is a briefing to inform you that if market conditions remain favorable, City Council will be asked to consider the Refunding at the September 25, 2018 meeting. ATTACHMENT(S) Proposed Timetable. Agenda No. 16 CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Fire Department Subject: Resolution 18 -R- 103 to authorize the Acting City Manager to enter into an Amendment to the existing Agreement with the Construction Manager at Risk for Construction Phase Services for Fire Station #3. BACKGROUND To provide the citizens with a new Fire Station that meets the needs of the growing community and the requirements of the 2015 General Obligation Bond. PRIOR ACTIONS An Agreement with BRW Architects for the design of Fire Station #3 was approved by City Council in February of 2017. An A1.33 Agreement with Thomas S Byrne, Ltd as our Construction Manager at Risk (CM @R) for Preconstruction Services for Fire Station #3 was approved by City Council in February of 2017. GUARANTEED MAXIMUM PRICE AMENDMENT Pursuant to Section 2.2.6 of the existing A1.33 Agreement, the CM @R has prepared an Amendment to their existing Agreement stating the Guaranteed Maximum Price (GMP) for construction of Fire Station #3. The GMP is based on construction documents prepared by BRW Architects. The CM @R guarantees that the cost of the Project will not exceed the stated amount unless changes are made to the project scope subsequent to the approval of the Amendment. The Amendment also lists the assumptions and exceptions that would affect the final costs. The GMP for Fire Station 3 is $6,361,177 ($462.36 /square foot). Staff is adding a City controlled contingency of $100,000 for a total not to exceed amount of $6,461,177. Community Benefit The community will benefit by having a nationally ranked and highly qualified construction management firm build Fire Station #3. Fiscal Impact Funds for this Contract will be from the 2015 General Obligation Bond funds for Fire Station #3. The City sold $8,000,000 in GO bonds for this project. The Amended and Restated Development Agreement for TIRZ #2 states the developer of the Crossvine will contribute approximately $1,180,000 for the fire station as well. The Fire Station 3 project will be completed with these funds. RECOMMENDATION Approval of Resolution 18 -R -103 ATTACHMENT(S) Resolution No. 18 -R -103 Exhibits A through D RESOLUTION NO. 18 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANGER TO ENTER INTO AN AMENDMENT TO THE EXISTING A133 AGREEMENT FOR THE CONSTRUCTION PHASE SERVICES OF THE CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE NEW FIRE STATION #3 AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City authorize an Amendment to the existing Agreement with Thomas S Byrne, Ltd. as the Construction Manager at Risk for the Construction Phase Services for the new Fire Station #3; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the existing Agreement with Thomas S Byrne, Ltd and the Amendments are attached hereto as Exhibits A throw (the "Amendment "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the Acting City Manager to execute and deliver the Amendment to the existing Agreement with Thomas S Byrne, Ltd for the Construction Phase Services in substantially the form set forth on Exhibits A through D. The total Guaranteed Maximum Price (GMP) amount payable under this Agreement shall not exceed Six Million Three Hundred Sixty One Thousand One Hundred Seventy Seventy Dollars and no cents ($6,361,177.00) plus a City controlled contingency in the amount of One Hundred Thousand Dollars ($100,000.00) for a total not -to- exceed of Six Million Four Hundred Sixty One Thousand One Hundred Seventy Seventy Dollars and no cents ($6,461,177.00). 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, this 7th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A AMENDMENT TO THE EXISTING AIA A133 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THOMAS S BYRNE, LTD 41 FAIA Document A133'- 2009 Exhibit Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Fire Station No. 3 ADDITIONS AND DELETIONS: City of Schertz The author of this document has added information needed for its THE OWNER:' - completion. The author may also ('Nance, legal salary arrd address) have revised the text of the original . AIA standard form, An Additions and Deletions Report that notes added City of Schertz ty information as well as revisions to the 1400 Schertz Parkway standard form text is available from Schertz, Texas 78154 the author and should be reviewed. A vertical line In the left margin of this THE CONSTRUCTION MANAGER: document indicates where the author ' (Nance, legal stants and address) has added necessary: information and where the author: has added to or Thos S. Byrne, Ltd., d(bla Byrne Construction Services deleted from the original AM text. 14220 Northbrook Drive; Suite 400 This document has important legal San Antonio, . Texas 78232 consequences. Consultation with an ARTICLE A 1 attorney is encouraged with respect §'A.1.1 Guaranteed Maximum Price to its completion or modification. Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby AIA Document A201 nit -2007, amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner General Conditions of the Contract and Construction Manager, the Guaranteed Maximum Price is an amount that Uie Contract for Construction, is adopted in this Sam shall not exceed. The he Contract Stan consists if the Construction Manager's Fee plus document by reference. Do not use the Cost of the Work, as that terra is defined in Article 6 of this Agreement. with other general conditions unless this document Is modified. §`,A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Six Million Three Hundred Sixty -One Thousand One Hundred Seventy-Seven and no/lOODoffars($6,361,177.00 ), subject to additions and deductions by Change Orden as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guarantees! Maximum Price organized by trade categories, allowances, contingencies, alternates; the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide bell}, or reference art aataehrnetit.) See Exhibit A, attached hereto and incorporated Billy herein. , § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, r which are described in the Contract Documents and are hereby: accepted by the Owner: (State the numbers or other identification ofaccepted alternates, if tile Contract Documents partial the Order to accept other alternates subsequent to the execution oj'this Amendment, attach it schedule otsuch other alternates showing the anroroafor such and the date when the amount expires.) None. Init. AIA Document A133° — 2009 Exhibit A. Copyright 0 1991. 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This ACA' Document Is protected by ILS copyright Law and International Treaties. Urnsimoriaed reproduction or distribution of this AIA' Document, or any '1 Portion of it, may result in "Vero clva and entrust penalties, and will be prosecuted to the Maximum extent possible under the taw. This dominant was a produced by AIA software at 13:11:34 on 08/0112018 under Order No.5135363710 which expires on 071122019, and is not for resale. User Notes: (1635149359) § A.1A.4 Allowances included in the Guaranteed Maximum Price, if any: ;(Identify allowance and state exclusions, if ant;,fi-oin the allowance price,) Item Price ($0.00) None. § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: See Exhibit B, Qualifications and Assumptions of Construction Manager, attached hereto and incorporated filly herein. § A.1.1.6 The Guaranteed: Maximum Price is based upon the fallowing Supplementary and other Conditions of the Contract: Document Title Date Pages AIA A201 -2017 General Conditions of February 7, 2017 the Contract for Construction: § A.1.13 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or re to air hibit attached to thisAgreeureiit.) Section Title Date Pages See Exhibit C, List of Section 0001000 Table " May 4, 2018 Drawings and of Contents Specifications, attached hereto and incorporated fully herein. § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either-list the Drawings here, or refer to an eehibit attached to this Agreement.) Number Title Date See Exhibit C, List of Drmtvings and 000015 List of Drawings May 4. 2018 Specifications, attached hereto and incorporated fully herein. § A.1 A.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List alry other documents or information here, or rg %r to air exhibit attached to this Agreement) None ARTICLE A.2 ? § AV The anticipated date of Substantial Completion established by this Amendment: May 9.2019. The parties . hereto acknowledge and agree that the Work will be performed in accordance with the Schedule of Work attached hereto as Exhibit D and incorporated herein. AIA Document A133m —2009 Exhlbit A. Copyright 01991 2003 and 2009 by The Amencan institute of Architects. All rights reserved. WAnNIM This AfAe Init. monument Is protected by U.S.' Copyright Law: and international Treaties Unauthorized reproduction of distribution of this AIA" Document, or any 2 bonier, of it, may result in "veto civil and criminal penalties, and will be prosecuted to the maximum extent masilde under the toor, This document was : / produced by AIA sefrware at 13:11:34 on 0810142018 under Order No.5135363716 which expires an 07112r201g, and is not for resale. User Notes: (1635149359) *,,,.AIA Document A133 - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of February in the year 2017 (In words, indicate day, month and yeah.) BETWEEN the Owner: (Name, legal status and address) City of Schertz 1400 Schertz Parkway Admin Building 2 Schertz, Texas 78154 and the Construction Manager: (Name, legal status and address) Thos. S. Byrne, Ltd. d /b /a Byrne Construction Services 14220 Northbrook Drive Suite 400 San Antonio, Texas 78232 for the following Project: (Name and address or location) Fire Station No. 3 and miscellaneous limited scope projects Schertz, Texas The Architect: (Name, legal status and address) When used herein, Architect shall mean one or both of the following entities: Fire Station No. 3: Brown Reynolds Watford Architects, Inc. 2700 Earl Rudder Freeway South, Suite 4000 College Station, Texas 77845 and Miscellanous limited scope projects: LPA, Inc, 114 E. Cevallos San Antonio, Texas 78204 The Owner's Designated Representative: (Name, address and other information) Jackson A &E Associates, INC. attn. Phil Gaudreau 8300 White Stallion Trail McKinney, Texas 75070 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133TM —2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 15:37:21 on 02114/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA37) pgaudreau@jacksonae.com Phone: 214.673.7557 The Construction Manager's Designated Representative: (Nate, address and other information) Tony Battle, President 14220 Northbrook Dr., Suite 400 San Antonio, Texas 78232 Phone: 210.402.3335 The Architect's Designated Representatives: (Name, address and other information) Fire Station No. 3: Mark Watford, AIA Principal Ray Holliday, AIA, Associate Principal Jennifer Bettiol, Project Manager and Miscellaneous Limited Scope Projects: Mickey Conrad, AIA Principal The Owner and Construction Manager agree as follows. Init. AIA DocumentA133TR9 —2009 (formerly A121TMCMc- 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 15:37:21 on 02/14/2017 under Order No. 8655959288 which expires on 07111/2017, and is not for resale. User Notes: (369ADA37) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT (Paragraph Deleted) ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201Tm -2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201 2007, which document is incorporated herein by reference. The term "Contractor" as used in A201 -2007 shall mean the Construction Manager. AIA Document A133"" —2009 (formerly A121 TMCMe — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02107/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (389ADA34) ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.3 During the Preconstruction Phase the Construction Manager shall review the Contract Documents to ascertain whether the components of the mechanical, electrical, and plumbing systems may be constructed without interference with each other, or with the structural or architectural components of the Project. In the event conflicts between such systems are discovered, the Construction Manager shall promptly notify the Owner and the Architect in writing. Failure to so notify will result in a waiver of any claims for additional time or compensation by the Construction Manager. Further, any claims by the Construction Manager associated with conflicts of the systems addressed in this section 2.1.3 during the construction phase are waived if such conflicts could have been discovered through careful examination of the Contract Documents. § 2.1.4 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall coordinate with the Architect to incorporate the Project Schedule previously developed by the Architect. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.5 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.6 Preliminary Cost Estimates § 2.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.6.2 At the completion of the Schematic Design, Design Development and at 95 percent completion of the Construction Documents, and upon written notice of such phase completion by the Architect to the Construction Manager and the Owner, the Construction Manager shall prepare and update estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA® 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/1112017, and is not for resale. User Notes: (3B9ADA34) and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action to reduce costs and maintain the Project budget. § 2.1.7 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project and may prequalify bidders. Any prequalification or award of subcontracts must conform with section 2.3.2.1 and chapter 2269 of the Texas Government Code. § 2.1.8 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.9 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. Any failure by Construction Manager to report known deviations or noncompliance will result in a waiver of any associated claims by the Construction Manager and shall require the Construction Manager to indemnify and hold the Owner harmless for any costs associated with the Construction Manager's failure in this regard. § 2.1.10 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 This Section shall govern the Guaranteed Maximum Price Proposal for Fire Station No. 3. When the Construction Drawings and Specifications are ninety -five percent (95 %) complete, upon receipt of notice from the Architect so indicating, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. The Guaranteed Maximum Price proposal shall be submitted to the Owner no later than thirty (30) days after the ninety -five percent (95 %) completion notice. § 2.2.1.1 This section shall govern the timing of the submission of the Guaranteed Maximum Price Proposal for all miscellaneous projects identified by the Owner in Addendum No. 1 of RFQ #16- FD- 44 -M -02 dated November 14, 2016. Within forty -five (45) days of the execution of this Agreement, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance for all miscellaneous projects. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not AIA Document A133°" —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes., (3139ADA34) include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 The amount of time available to the Owner to accept the Guaranteed Maximum Price, not less than 60 days, before such time that the Construction Manager may revise proposed pricing. .6 A statement that the proposed Guaranteed Maximum Price is not based in any part on any subcontract or material supply contract which would require the Owner to compensate the Construction Manager on other than a fixed fee basis; and .7 If Owner requests, Construction Manager shall make available for inspection the documents and information that form the basis of the Guaranteed Maximum Price proposal. § 2.2.4 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.5 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.6 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.7 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.8 The Owner enjoys tax exempt status as a municipality. To enjoy the cost - savings benefits of its tax exempt status, the Owner will provide a Tax Exemption Certificate to the Construction Manager for use on the Project. The Construction Manager shall use that certificate to exempt any purchases made for the Work from otherwise applicable taxes. As such, the Construction Manager shall not include in the Guaranteed Maximum Price any sales, consumer, use and similar taxes for the Work provided by the Construction Manager which are exempted because of the Owner's tax exempt status. Subject to the above terms, the Construction Manager shall pay sales, consumer, use and similar taxes that are legally enacted, whether yet effective, at the time the Guaranteed Maximum Price Amendment is executed. AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 In all matters of this Agreement, time is of the essence with respect to performance of the Work. § 2.3.1.2 The date of commencement, as that term is used in the Contract Documents, shall mean the commencement of the Construction Phase which will be evidenced by the receipt of the building permit following Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs later. § 2.3.1.3 The Construction Manager shall achieve Substantial Completion of the entire Work not later than the date set out in the Agreement, subject to adjustment of this Contract Time as provided in the Contract Documents. The Construction Manager acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Construction Manager further acknowledges and agrees that, if the Construction Manager fails to substantially complete the Work within the Contract Time, or cause Substantial Completion to be delayed beyond the expiration of the Contract Time, the Owner will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and Construction Manager agree that, if the Construction Manager shall neglect, fail, or refuse to substantially complete the Work within the Contract Time, subject to proper extension granted by the Owner, then the Construction Manager agrees to pay the Owner the sum of [One Thousand dollars] ($1,000.00) for each and every calendar day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that will be suffered by Owner as a result of delay that the Contractor shall have failed to have completed the Work as required herein. §2.3.1.4 Claims for Additional Time. The Construction Manager shall be entitled to an extension of the contract time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this subsection. The Construction Manager shall bear the entire economic risk of all weather delays and disruptions, and shall not be entitled to any increase in the Guaranteed Maximum Price by reason of such delays or disruptions. Rainy days shall not be considered an abnormal or adverse weather condition for which an extension of time will be granted unless and except in those months during which the actual cumulative number of rainy days within the month exceed the historical average cumulative number of rainy days for said month, provided that the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one -tenth (.1) inch during a twenty -four (24) hour period. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service and/or NOAA: Average Weather Days per Month Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec. 4 3 5 3 4 5 5 3 5 5 3 3 The number of rain days shown in the Rainfall Table for the first and last months of this Agreement will be prorated in determining the total number of rain days expected during the period of this Agreement. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent performance of major items of work conducted on normal working days. Such muddy conditions are subject to confirmation by the Owner. Requests for an extension of time pursuant to this subsection shall be promptly submitted to the Owner. Failure to timely submit a complete notice of claim for delays and extension of time for completion due to abnormal or adverse weather conditions or rainy days pursuant to this subsection shall result in the denial of a request for extra time for performance under the Contract Documents. AIA Document A133TM' —2009 (formerly A121 T"CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 2.3.2 Administration § 2.3.2.1 All portions of the Work, other than minor work, shall be performed by trade contractors, subcontractors, or self - performed by the Construction Manager. For each major scope of work, the performing contractor shall be selected using competitive bids or competitive sealed proposals. The Construction Manager shall include specific notices of the following statutory requirements in the information to bidders: .1 The successful bidder's responsibility to provide workers' compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful bidder's responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; and, .3 A notice of the sales tax exemption for the project and the procedure for obtaining any required exemption verification or certificates. §2.3.2.2 The information required with publication in 2.3.2.1 is not exclusive. The Construction Manager may include other information in such notices at its discretion or as may be required by law. §2.3.2.3 On all portions of the Work for which the Construction Manager does not submit a bid or proposal, the Construction Manager and the Owner shall receive and open all bids or proposals in a manner compliant with chapter 2269 of the Texas Government Code. On any portion of the Work for which the Construction Manager submits a bid or proposal, the Owner shall receive and open the bids or proposals, in accordance with chapter 2269 of the Texas Government Code. After opening the bids or proposals, the Owner may meet with the Construction Manager to evaluate and rank the bidders or offerors. All bids or proposals shall be made public within seven (7) days after the date of final selection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract, or a change to a Subcontract, is awarded on a cost -plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6. 10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA® 8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.4 Professional Services Section 3.12. 10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201 -2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics , legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. §3.1.4.5 During the Construction Phase, the Owner shall provide temporary water and power to the site for use by the Construction Manager in the performance of the Work. The Construction Manager, however, will be responsible for extending service to the site. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly. The authority of Owner's representative may be restricted or limited because of the Owner's status as a municipality that must act by and through its city council. Except as otherwise provided in Section 4.2.1 of A201 2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner has retained an Architect to provide services, duties and responsibilities and services that are necessary for the Preconstruction and Construction Phase services under this Agreement. Upon request by the Construction Manager, the Owner will provide the Construction Manager a copy of the executed agreement between the Owner and the Architect. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: Construction Manager shall be paid a fixed stipulated sum of twelve thousand ($12,000) dollars for its Preconstruction Phases services on the Fire Station No. 3 project. and Construction Manager shall be paid a fixed stipulated sum of five thousand ($5,000) dollars for its Preconstruction Phases services on all other miscellaneous projects set forth in Addendum No. 1 to RFQ # 16- FD- 44 -M -02 on a monthly basis according to the percentage of work complete. § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable) Construction Manager shall be paid the fixed stipulated sums set forth in Section 4. 1.1 for its Preconstruction Phases services on a monthly basis according to the percentage of work complete. (Paragraphs Deleted) § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Subject to the timeliness and interest provisions in the Government Code Chapter 2251, payments are due and payable to the Construction Manager 15 days following the receipt of the certification of an application for payment by the (Paragraph Deleted) Architect. Init. AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. DARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI� 10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or otherprovision for determining the Construction Manager's Fee) 3.25% of the actual Cost of the Work as defined in Article 6 and less any applicable discounts, rebates, refunds and other amounts received from the sale of surplus materials and equipment. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: by written change order subject to the approval of the Owner § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: not to exceed 15% — separately, not to exceed 10% for overhead and 5% for profit § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed ninety -five percent ( 95 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings) All savings shall be credited to the Owner § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201 -2007, General Conditions of the Contract for Construction. AIA Document A133TM —2009 (formerly A121 TmCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts subject to the Owner's written approval. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above - referenced provisions of AIA Document A201 -2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 No change in the Work, whether by way of alteration or addition to the Work, shall be the basis of an addition to the Guaranteed Maximum Price or a change in the Contract Time unless and until such alteration or addition has been authorized by a change order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the Guaranteed Maximum Price or change in the Contract Time. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. §6.1.2 Amounts due for self - performed work shall include in The Cost of the Work a lump -sum cost for work competitively bid and awarded in accordance with the terms of this Agreement. For such scopes, the Construction Manager may not exceed five percent (5 %) overhead and five percent (5 %) profit in the lump sum amount. §6.1.3 For any self - performance of minor work that is not subject to competitive bidding, section 6.2 will control. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be included in the Cost of the Work, identify in Section 11. 5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for payroll taxes, insurance, and customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3, and provided that such costs are AIA Document A133T/° —2009 (formerly A121 TMCMC — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 12 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) directly attributable to work performed on this Project only and provided further that such costs do not exceed forty- two percent (42 %) of such wages and salaries.. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs §6.3.1 Payments shall be made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 are in excess of those actually installed plus a 10% overage to allow for waste and spoilage. Unused excess materials, if any, shall become the Construction Manager's property at the completion of the Work and the actual cost of such excess materials as was originally billed to Owner shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long- distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 6.6.2 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.3 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. AIA Document A133 m —2009 (formerly A121 TmCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 13 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. (Paragraph Deleted) § 6.6.4 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. (Paragraph Deleted) § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007, § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. .9 Construction Manager's fee of 3.25% on all self - performed scopes of work competitively bid and awarded to the Construction Manager. AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 14 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.9.3 Costs from the inspection service and/or testing lab that are incurred as a result of the failure of the Construction Manager to make the Work ready for an inspection or test scheduled by the Construction Manager if notice of cancellation is not provided shall be credited to the Owner as a deduction from the Cost of the Work. §6.9.4 Costs from the inspection service and/or testing lab that are incurred as a result of the failure of the Work to pass an inspection or test shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A133Tm —2009 (formerly A121 TmCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 15 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959286 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) § 7.1.3 The Owner will pay an approved Application for Payment within thirty (30) days after the date such approved Application for Payment is received by the Owner from the Architect. Not withstanding the foregoing the Owner shall not be required to pay any disputed amounts that the Owner believes were erroneously approved by the Architect. Past due payments and any disputed amounts shall bear interest in accordance with the Texas Prompt Payment Act. (Paragraph Deleted) § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. Construction Manager shall use AIA Document G702 for Application and Certificate for Payments, and shall use AIA Document G703 for necessary continuation sheets related to AIA Document G702, or shall use such documents in a similar format approved by the Owner. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of five percent ( 5 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fined sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5 %) from that portion of the Work that the Construction Manager self - performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This ANA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 16 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) 7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on -site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. §7.1.11 In conjunction with any application for payment submitted by the Construction Manager, the Construction Manager shall comply with the release, lien waiver and other documentation requirements set forth in, but not limited to, AIA Document A201 -2007, as amended, §93.3 and §9.10.2. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 -2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201 -2007. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201- 2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. AIA Document A133TM' —2009 (formerly A121 TMCMe — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 17 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) § 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. § 7.2.5 The Contract shall not have been fully performed until all Work required by the Construction Documents has been performed and the Construction Manager provides the following to the Owner: .1 record or as -built drawings executed or complete in both hard -copy and .pdf formats; .2 executed or complete certificates of documents evidencing warranties and owner- operators manuals; .3 all documents evidencing required testing, inspection, verification and other engineering or consulting services required under the construction contract; .4 insuring agreements and bonds covering all periods of construction and any subsequent periods required under the contract; and .5 one copy of each item in this section in electronic format. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201 -2007. (Paragraph Deleted) (Table Deleted) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201- 2007, the method of binding dispute resolution shall be as follows: (Paragraph Deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction in Guadalupe County, Texas. [ ] Other: (Spec) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services. (Paragraph Deleted) AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 18 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02107/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement, in whole or in part, upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be compensated for Preconstruction Phase services performed in accordance with the terms contained in this Agreement. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. (Paragraph Deleted) § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price § 10.2.1 Following execution by both parties of the Guaranteed Maximum Price Amendment, the Owner may terminate this agreement, in whole or in part, with or without cause, at any time. In the event such termination is for the convenience of the Owner, the Construction Manager shall be compensated for reasonable costs incurred prior to notice of termination, profits on only that portion of the work actually performed prior to termination, and reasonable demobilization costs. § 10.2.2 Following execution by both parties of the Guaranteed Maximum Price Amendment, if the Project work is stopped for a period of ninety days through no act or fault of the Construction Manager, then the Construction Manager may, upon ten additional days written notice to the Owner, terminate this agreement and recover from the Owner (Paragraph Deleted) payment for all work actually performed, for any loss sustained upon any materials, equipment, tools, equipment, and machinery, and profits on only that portion of the work actually performed prior to termination. If the cause of the work stoppage is removed prior to the end of the ten day notice period, the Construction Manager may not terminate this agreement. § 10.2.3 The Owner or the Construction Manager may terminate this agreement for cause as provided in Article 14 of the A201 -2007 Documents. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201 -2007. § 11.2 Ownership and Use of Documents Section 1.5 of A201 -2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the Preconstruction and Construction Phases. AIA Document A13311' —2009 (formerly A121 TmCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 19 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. (Paragraph Deleted) ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133 -2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201 -2007, General Conditions of the Contract for Construction (Paragraphs Deleted) .3 Other documents: (List other documents, if any, forming part of the Agreement.) John Kessel, City Manager President Byrne Construction (Signature) AIA Document A1331" —2009 (formerly A121 TMCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAO Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 20 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. j This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) BYRN; Cost Estimate Summary Sheet Schertz Fire Station #3 Guaranteed Maximum Price uate: Juiy iu, zuia tsunamg bquare feet: L3,l5u NINE DECADES OF EXCELLENCE 14220 Northbrook Dr. Suite 400 San Antonio, TX 78232 Phone: (210) 402 -3335 Fax: (210) 402 -3376 013110 'General Conditions $ 551,133 $ 40.06 013130 Davis Bacon & Layout w/ Trades $ - 013523 iScaffolding w/ Trades $ 015110 ITemp. Utilities w/ G.C.'s $ 015629 IT em Construction $ 20,000 $ 1.45 015636 Temp Fence & Final Clean w/ G.C.'s $ - 024100 Demo w/ Earthwork $ - 030000 lConcrete $ 514,388 $ 37.39 036518 iPolished Concrete $ 17,604 $ 1.28 030001 Pier Casing Allowance N/A $ - 040000 Mason $ 264,087 $ 19.20 051200 iSteel $ 448,973 $ 32.63 061000 i Rough Carpentry See Below $ - 064400 Millwork $ 194,462 $ 14.13 071100 Waterproofing & Insulation $ 43,479 $ 3.16 075000 1Roofing & Wall & Soffit Panels $ 399,701 $ 29.05 079000 Expansion Joint Covers See Below $ - 081313 Doors $ 124,348 $ 9.04 083613 Overhead & Four Fold Doors $ 121,432 $ 8.83 084000 iGlass & Glazing $ 154,571 $ 11.23 092100 iDrywall & Acoustical $ 596,474 $ 43.35 093000 Tile $ 97,410 $ 7.08 096000 Flooring $ 30,848 $ 2.24 099000 iPaint $ 106,355 $ 7.73 100000 iS ecialties $ 14,874 $ 1.08 101400 Signage $ 15,415 $ 1.12 105000 Lockers by Owner $ - 107500 iFlagpoles $ 5,330 $ 0.39 113100 iA liances $ 35,395 $ 2.57 112300 Laundry Equipment $ 2,527 $ 0.18 122000 Window Treatments $ 10,810 $ 0.79 210000 1Fire Protection $ 49,450 $ 3.59 220000 iPlumbin $ 639,733 $ 46.50 231000 HVAC 230590 Testing, Adjusting & Balancing for HVAC $ 5,100 $ 0.37 260000 1Electrical $ 698,380 $ 50.76 270000 iCommunications $ 20,282 $ 1.47 280000 Security & Access Control by Owner $ - 310000 Earthwork $ 270,815 $ 19.68 312513 iEnabling See Below $ - 313100 iTermite Treatment $ 1,139 $ 0.08 321400 1Pavers w/ Concrete $ - 321700 Pavement Markings $ 4,000 $ 0.29 323100 1Fence & Gates $ 41,400 $ 3.01 329000 iLandsca e & Irrigation $ 159,945 $ 11.63 329000 1Retaining Walls $ 29,120 $ 2.12 331000 Utilities $ 188,061 $ 13.67 Page 1 B Cost Estimate Summary Sheet Schertz Fire Station #3 Guaranteed Maximum Price NINE DECADES OF EXCELLENCE 14220 Northbrook Dr. Suite 400 San Antonio, TX 78232 Phone: (210) 402-3335 Fax: (210) 402-3376 Date: July 18, 2018 Building Square Feet: 13,758 Cost of Work Subtotall 1 $ 5,877,041 1$427.171 Contractor's Contingency l —25-0—%1—$ --- 146,926 1 $ 10.68 :_— Building Permit i 0.00%1 Excluded 1 $ - I Data Processing (Accounting /IT) i 0.33%1 $ 20,629 1 $ 1.50 1 Construction Costs Subtotall 1 $ 6,044,596 1 $ 439.35 1 CGL & Umbrella Insurance l 1 $ 1,926 1 $ 0.14 1 Builder's Risk i Calcl $ 5,598 1 $ 0.41 lCalculated off of Project Total Line Payment & Performance Bondi 1 $ 2,424 1 $ 0.18 1 Construction Costs & Insurance Subtotal 1 $ 6,054,545 1 $ 440.07 1 Feel 3.25%1 $ 196,773 1 $ 1430 1Calculated from Subtotal Above Sub-Total with CMAR Feel 1 $ 6,251,318 1 $ 454.38 1 Byrne Self Perform - Rough Car pent Pucka e I $ 38,900 1 $ 2.83 1 Byrne Self Perform - Enabling Package l 1 $ 65,547 1 $ 4.76 1 Byrne Self Perform 1Lf?� ansion Joint Covers i 1 $ 5,412 1 $ 0.39 1 Project Total 6,3161,177 J$462.36 1 Page 2 Qualifications & Clarifications Schertz Fire Station #3 Guaranteed Maximum Price - DRAFT uate: juiv its, zuib 1 A Contractor's Construction Contingency of 2.5% is included in this GMP, and is intended for construction use only. Owner contingency is excluded from this GMP. 21A construction fee of 3.25% is included on the cost summary, and is based upon the total construction cost. 31 Builders Risk Insurance is included, and based upon the total cost. 4 CGL & Umbrella Insurance is included, and based upon the total cost. 5 Payment and Performance bonds for Byrne have been included on the cost summary, and are based upon the total cost. 6 Dividends will not be provided for scopes of work that require a bond. 7 The CM re- construction services fee is excluded from this GMP. 8 All costs associated with approvals, easements, assessments, fees, deposits, charges, permits, studies, impact fees, tap fees, services fees, or similar, required by any governing agency to include County, City, State, or Federal entities, in addition to any and all utility entities are specifically excluded. 91 Building permit cost is excluded. Water meter fees are included, however impact fees are excluded. 10 Testing Lab services for materials, mock -ups, or delegated engineering components are to be provided by the Owner, and are excluded. 11 Testing of building components for water or air intrusion is not included and is to be provided by the Owner. 12 Testing and Balancing of the building systems was previously by Owner, but now included in Division 23 as a separate party from the HVAC contractor. 13 Commissioning Agent and Services are to be provided by the Owner. 14 Design Fees or services are not included. Where required in the specifications, the Construction Manager will provide design calculations and information provided by the Trade Contractors to the Architect and Engineer for approval and acceptance of the design. 15 The CM does not warrant of guarantee functionality of the design with the Owner's requirements. The CM relies upon the designers to provide and implement the Owner's requirements into the design documents. 16 The CM will provide oversight and review of submittals for compliance with the contract documents, however, the design team shall bear the full responsibility for acceptance and approval of all submittals. 17 Includes trucks, fuel, tolls, and maintenance related to the Byrne personnel assigned to this project. Truck / Auto Allowance is inclusive of vehicle costs, insurance, fuel and maintenance. 18 All costs for mobile phones is inclusive of mobile data management. 19 All initial and final survev's and plats reauired by the Citv are by the Owner. 20 All electrical costs associated with construction are included. 21 1AII water costs associated with construction are included. 22 1 This GMP is to be reviewed as a whole: not as individual line items. 11 Sales tax is excluded. 2 This GMP is based upon electronic design document files and models being available to all subcontractors at no additional cost. 3 All FF &E, OFE, and furnishings are excluded from this GMP, unless specifically noted in the Contract Documents. 41AI1 hazardous or contaminated material and soil testing, remediation, investigation, and abatement is excluded. 11 51 Site is assumed to be free of any contaminates, unencumbered, and ready to begin excavation work. A Page 1 Qualifications & Clarifications Qualifications & Clarifications Schertz Fire Station #3 Guaranteed Maximum Price - DRAFT uate: juiy its, wits Page 2 Qualifications & Clarifications Qualifications & Clarifications Schertz Fire Station #3 Guaranteed Maximum Price - DRAFT Page 3 Qualifications & Clarifications A1620 CD Documents Complete 0 0 17- May -18 CD Documents Complete A1060 100 / CDs -Bid Da ° y 0 0 19- Jun -18 o ®100 / CDs -Bid Day , A1640 GMP Submitted to Schertz 0 0 27- Jun -18 4 GMP Submitted o Schertz A1080 Notice to Proceed on Construction 0 0 09- Aug -18 ® Notice to Proceed on Construction A1100 Byrne Mobilization 0 0 20- Aug -18 ® Byrne: Mobilization A1190 Steel Structure Top 0 ut 0 0 04- Feb -19 ®Steel Structure Top Out A1600 Permanent Power 0 0 02- Apr -19 Permanent Power A1130 Dry -in Facility 0 0 03- May -19 ®Dry-in Facility a A1140 Conditioned Air 0 0 03- May -19 - - - - - - -- -- - - - - -- ---- - - - - -- -- - - - - --- - - - - - , -- - - - - -- ---- - - - - -- ® Conditioned Air A1160 SUBSTANTIAL COMPLETION 0 0 26- Jun -19 ®I SUBSTANTIAL COMPLETI A1170 FINAL COMPLETION 0 0 25- Jul -19 ® FINAL COMPLETION _ .. A3880 _..... __. Bid Documents released to Subcontractors 1 1 17- May -18 17- May -18 - -- --- - - - - -- -- --- Bid Documents released'to Subcontractors - - -- A3890 Bidding Period 22 22 17- May -18 18- Jun -18 Isssm Bidding Period A3900 Bid Day- 100% CDs (w/ Addenda) 1 1 19- Jun -18 19- Jun -18 I Bid Day- 100% CDs (w/ Addenda) A3910 Bid Review & GMP establishment 5 5: 20- Jun -18 26- Jun -18 Bid Review & GMP establishment A3920 Submit GMP to Owner for Review 1 1 27- Jun -18 27-Jun-18 1: GMP to Owner for Review A3930 Schertz Owner GMP Review/ Negotiations 28 28 28- Jun -18 -------------- - 07- Aug -18 - - - - -- -I - - - -- - - - - - - --- ----------------- I --- Schertz Owner GMP Revi ----------------- ----------------- ----------------- ---- - - - - -- w/ Negotiations A3950 City Council Approval 0 0 07- Aug -18 ® CityCouhcilApproval A3940 Notice to Proceed Issued 1 1 08- Aug -18 08- Aug -18 I Notice to Proceed Issued i, _ — structure 8c Site A6510 Site Clear &Grub 10 10 13-Aug-18 24- Aug -18 EM Site Clear & Grub Byrne Install Trailer, Fence, etc. y 13-Aug-18 17-Aug-18 B Mobilization - Byrne - Ins II Trailer, Fence, etc. A6990 Demo Ex' stin 9 n 10 10 27-Aug-18 - 10 Se 18 RM Demo Existing Barn A6530 Pad Prep & Earthwork 20 20 04- Sep -18 01- Oct -18 OMM Pad Prep & Earthwork A6970 Unders lab Utilities 15 15 25- Sep -18 15- Oct -18 11M Underslab Utlities A6570 Concrete Foundation - Form, Rebar, Pour, Finish 30 30 16- Oct -18 28- Nov -18 Concrete - - -- - - -- - - - - Foundation Form, Rebar, Pour, Finish i A6520 Site Utilites 30: 30 29- Nov -18 94- Jan -19 Site Utilites A6820 Exterior CMU 30 30 29- Nov -18 14- Jan -19 OR Exterior CM6 A6540 Steel Structure 15 15 15- Jan -19 04- Feb -19 111M Steel Structure A6550 Install Roof Deck /Metal Roofing 30 30 05- Feb -19 18- Mar -19 Ilnstall Roof Deck/ Metal Roofing A6980 Exterior Framing 10 10 05- Feb -19 18- Feb -19 Exterior Framing A6850 Exterior Sheathing /Cemetitous Fiberboard 20 20 14- Feb -19 13- Mar -19 D Exterior Sheathing/ Cemetitous Fiberboard A6580 Exterior Waterproofing /Rigid Insulation 15 15 28- Feb -19 20- Mar -19 D Exterior Waterproofing /Rigid Insulation r A6860 Stone Veneer /Cast Stone 20 20 18- Mar -19 12- Apr -19 I Stone Veneer /,Cast Stone A6610 Set HVAC Units 5 5 19- Mar -19 25- Mar -19 0 HVAC Units A6930 Curb /Gutter /9id alks 20 20 01- Apr -19 26-Apr- ----------- - - - - - -------------------------------- -:-Set ------ --- - - - - -- Curb /GutteingSystems A6830 Install Glazing Systems 15 15 15-Apr-19 03-May-19 0 Install Glazing A6950 Metal Screen Wall / Canopies 15 15 15- Apr -19 03- May -19 D Metal Screen Wall / Canopies A6960 Heavy Timber Columns 5 5; 15- Apr -19 19- Apr -19 B Heavy Timber Columns A6560 Parking Lot Paving / Housekeeping & Dumpster Pads 35 35 06- May -19 24- Jun -19 O Parking Lot Paving / Housek s A6840 Landscape & Irrigation p g 20 20 04- Jun -19 01- Jul -19 - - - - -- - - - - - - -- -- - - - - -- -- - - - -- D Landscape & Irrigation A6920 Fences /Gates /Access Control 20 20 04- Jun -19 01- Jul -19 Fences/Gates/Access Co A6940 Flagpole 3 3 18- Jun -19 20- Jun -19 . 0 ;Flagpole A6590 Parking Lot Striping/ Wheel Stops/ Signage 5 5 25- Jun -19 01- Jul -19 p Parking Lot Striping/ Wheel � Int+r RemalNrtg Level efEifort ® ®Mlleem�e Schertz - Fire Station #3 NTP Schedule Project Start Date: 17- May -18 PcWel Level ofEibrt r�mel wo.k Monthly Update Project Finish Date: 25- Jul -19 O work Remamma As of 17- May -18 Data Date: 17- May -18 -1-1 R.m ,"work Page 1 of 2 Acts ity ID A 7-11ty nieh 2049 n F is tutor Apr stay 4Ajn'l Jul I Aug 1Sip 1 { i tsu Dec Jan Fet fU1ar „Apr �ey Jun Jul Aug -p 5c#- ;oVe A6620 Lay -out Walls/ Etc. 5 5 14- Feb -19 20- Feb -19 Lay -out Walls/ Etc. A6790 Overhead Main Ductwork/ VAVs/ etc. 25 25 14- Feb -19 20- Mar -19 ( Overhead Main Ductwork/ VAVs/ etc: A6630 Overhead MEPF 25 25 21- Feb -19 27- Mar -19 Overhead MEPF Interior Framing 05-Apr- Interior mg A6800 _ Man Swit h ear Installation 20 20 06- Mar -19 02- Ap r -19 Main Installation Sw tchge ar A6650 In Wall MEPF Rough -In/ Blocking/ Inspections 15 15 08- Mar -19 28- Mar -19 In Wall MEPF Rough -in/ Blocking/ Inspections A6810 Install HM Frames 10 10 12- Mar -19 25- Mar -19 E Install HM Frames Gyp uWalllls 04-Apr- Gyp /Wall Insulation Install InteTape A6670 Tape/Float/ Prime / /aPaint & Ceilings 25 25 21- Mar -19 24- Apr -19 /Float/ Prime/ Paint Walls: & Ceilings A6890 Grind & Seal Concrete 15 15 21- Mar -19 10- Apr -19 Grind & Seal Concrete A6680 Wall & Floor Tile Installation 30 30 29- Mar -19 09- May -19 Wall & Floor Tile Installation A6870 Overhead Door Installation 10 10 08- Apr -19 19- Apr -19 13 Overhead Door Installation A6900 Install Stairs 5 5 08- Apr -19 12- Apr -19 0 Install Stairs r. A6690 Ceiling Grid Installation 15 15 25- Apr -19 15- May -19 MEN Ceiling Grid Installation A6700 Overhead Communications Cabiling Installation 10 10 25- Apr -19 08- May -19 ID Overhead Communications Cabiling I - - -- - -- - - - -- A6780 Plumbing Fixture Installation 10 10 10- May -19 23- May -19 - E" I Plumbing Fixture Installation A6720 Lay Ceiling Tile 10 10 13- May -19 24- May -19 13 Lay Ceiling Tile A6730 Flooring Installation 12 12 16- May -19 03- Jun -19 WE Flooring Installation 4, A6740 Millwork & Trim Installation 15 15 16- May -19 06- Jun -19 j j j ( Millwork & Trim Installation A6750 Doors & Hardware Installation 10 10 21- May -19 04-Jun-19 11111 Doors & Hardware Installation A6910 Interior Glazing 2 2 21- May -19 22- May -19 --- - - - - -- -------- - - - - - -- -- - - - - -- -- -- - - - - -- -- ----------------- -- - - - - -- I Interior Glazing A6710 MEPF Trim out @Ceilings 10 10 28- May -19 10- Jun -19 ED MEPF Trim out @Ceilings A6770 Accessories & Partition Installation 10 10 04- Jun -19 17- Jun -19 F Accessories & Partition Install stall ppliances 3 3 04- Jun-19 06- Jun -19 0 Ins tall Kitchen Appliaraces nish ouch -up 15 15 05- Jun -19 25- Jun -19 -------- -------------------------- -- -- - - - - -- -- Finish Paint & Touch -up - -- -- -- - - - - -I -- - - - - -- - -; - -- -- - - - - -- ----- - - - - -- ildinnspections 5 5: 07- Jun -19 13- Jun -19 ❑ Building Final Inspections "A6460Conduct rne t tOnsiteTraining 10 10 12- Jun -19 25- Jun -19 �: Byrne Punchlist nal C 10'. 10 19- Jun -19 02- Jul -19 Final Clean wnealkthrough 2 2 24- Jun -19 25- Jun -19 I j Owner &A/E Wa(kthrough ndue Training w/ Owner 5: 5: 26- Jun -19 02- Jul -19 [! Conduct OnsitelTraining w wneunchlist 20 20 26- Jun -19 24- Jul -19 Owner &A/E Punchlist Re mel °I °gLevelefE�,t ® ®Mlleemee Schertz - Fire Station #3 NTP Schedule Project Start Date: 17- May -18 PcWel Level ofEibrt Monthly Update Project Finish Date: 25- Jul -19 Reuel °I °gw °tk As of 17- May -18 Data Date: 17- May -18 Reuel °haw °tk Page 2 of 2 City Council Meeting: Department: Subject: BACKGROUND Agenda No. 17 CITY COUNCIL MEMORANDUM August 7, 2018 Public Works / Engineering Ordinance No. 18 -D -26 - Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -1.1.8 maximum limits in school zones including the school zone for Rose Garden Elementary on FM 1518 and providing an effective date. First Reading Schertz - Cibolo- Universal City Independent School District's new Rose Garden Elementary School is set to begin the school year with its first day of class being Monday August 20th, 2018. A school zone, established by the Texas Department of Transportation is recommended to have a reduced speed limit of 35 miles per hour on a 55 mile per hour road. The zone is for 1,200 feet in front of the school. (See Exhibits A and B). The Transportation Safety Advisory Committee (TSAC) recommended approval of this at their August 2, 2018 . meeting. Goal To ensure that school zones are up to date in the City of Schertz and enforced through Code of Ordinances, and provide for safe travel while maintaining proper records for maximum speed limits in School Zones. Community Benefit By working cooperatively with the TxDOT and local. Schools, the City can promote safety for motorists and students traveling in the City Limits. Summary of Recommended Action Recommend approval this August 7, 2018, first reading of Ordinance No. 18 -D -26. FISCAL IMPACT No cost to the city, these signs will be installed by the School contractor and maintained by TXDOT. RECOMMENDATION Staff recommends approval of Ordinance 18 -D -26 on first reading. City Council Memorandum Page 2 ATTACHMENT(S) Exhibit A — School Zone Location Map Exhibit B — TxDOT Strip Map Ordinance 18 -D -26 Exhibit A Proposed Reduced Speed School Zone on FM 1518 in Schertz, TX (Rose Garden Elementary) ORDINANCE NO. 18 -D -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86- 118, MAXIMUM LIMITS IN SCHOOL ZONES INCLUDING THE SCHOOL ZONE FOR ROSE GARDEN ELEMENTARY ON FM 1518 AND PROVIDING AN EFFECTIVE DATE WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with respect to a highway under its jurisdiction and in the reasonable exercise of the police power can designate school crossing zones; and WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary school or secondary school during the time the reduced speed limit applies; and WHEREAS, the City has received a request from the Texas Department of Transportation (TxDOT) to designate a school crossing zone on FM 1518 in the vicinity of the Rose Garden Elementary School; and WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 86 -1.18 of the Schertz Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86 -118 of the Code of Ordinances of the City of Schertz, Texas, Maximum Limits in School Zones, be amended to add the following: "Section 86- 1.1.8, Maximum limits in school zones" Street Extent Speed Limit (MPH) FM 1518 1200' in front of FM 1518 35 Rose Garden Elementary Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Passed and approved on the first reading this 7th day of July 2018. PASSED AND APPROVED ON FINAL READING this day of August 2018. Michael R. Carpenter, Mayor, ATTEST: Brenda Dennis, City Secretary ULVELOHMENI RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED w 0 PROPOSED SCH. ZONE EXISTING SCH. ZONE CURVES OVER 2° ° aaw ib m 1n m •35 MPH WHEN SO M' -35 MPH WHEN SO N1 GRADES OVER 3% SIGNED FOR SCHOOL SIGNED FOR SCHOOL SURFACE WIDTH AND TYPE ZONE. 55 MPH AT ZONE 55 MPH AT R.O.W. AND ROADBED WIDTH EL o' ALL OTHER TIMES a ALL OTHER TIMES a ACCIDENTS 0.227 0.246 ZONE LENGTHS MILE ZONE SPEEDS MPH 45 55 TOWARD F M 7 8 CENTER LINE BEARINGS M 1 5 1 8 z -` SCHERTZ INC. a a' 66 1 44 0 0 �x ELEM. �x vUi SCHOOL 0 � 60 1701 M 0 u a ¢ 69 1 68 =MIDDLE SCHOOL S 30 °01'E 59 1 65 _ j 10 *11'E TOWARD I H 1 F w w a o z 0 u a 56 ° a 61 0 128 a 60 1 70 170 58 73 FM5 O 64 145 ZONE SPEEDS MPH 45 55 ZONE LENGTHS MILE ACCIDENTS o F2 14- 0.227 0.246 R.O.W. AND ROADBED WIDTH 80' - 32' !!1 ALL OTHER TIMES ° ALL OTHER TIMES n SURFACE WIDTH AND TYPE 24' TWO C.S.T. ON 32' X 12" FLEX BASE ^' ZONE, 55 MPH AT '+ ZONE, 55 MPH AT 10 GRADES OVER 3% SIGNED FOR SCHOOL SIGNED FOR SCHOOL CURVES OVER 2° CL -35 MPH WHEN SO -35 MPH WHEN SO 2 BALL BANK or ADVISORY SPEED PROPOSED SCH. ZONE EXISTING SCH. ZONE RESTRICTED SIGHT DISTANCE DEVELOPMENT SAN ANTONIO DISTRICT BEXAR COUNTY MIN °TEND. DATE 42 62 1125 1 ® O 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE SPEED Z O N E HIGHWAY FM 1518 CITY OF SCHERTZ REPLACES DATE REPLACED Bx DATE DATE of SURVEY 07/2018 SCALE: 10 "= 1 MILE CANCELED By DATE LIMITS OF ZONE SECTION ONE LENGTH 0.227 MILES SECTION TWO LENGTH MILES LW COAT 5 SECL PROJECT N0. STA or W COAT 8 SECT PROJECT NO. Beclxs 2,858 0465 -02 Rf -i SHEETS BEGINS ENDS coNT 6 s¢CT PRaECT No. EMS STA MP IONT a SECT PROJECT NO. 3,085 0465 -02 RI -1 SHEETS STRIPMAP NAME: T, %ENWNTA %T-fffc— affi0E1q—i xa rfo A+a06LN —FWFM 1518 0/65 -02.O EXHIBIT B Ordinance 18 -D -26 Rose Garden Elementary School Zone on FM 1518 City Council Meeting: Department: Subject: BACKGROUND Agenda No. 18 CITY COUNCIL MEMORANDUM August 7, 2018 Public Works / Engineering Ordinance No. 18 -D -27 - Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -118 — Maximum Limits in School Zones including the school zone for the Danville Middle School on FM 482 and Hubertus Road and providing an effective date. First Reading Comal Independent School District is set to open Danville Middle School in Schertz, Texas with the first day of class being Tuesday August 28th, 2018. Proposed are two school zones, one on Hubertus Road (Exhibit A) and the other FM 482 (Exhibits A and B). The school zone in F.M. 482 extends a length of 1,580 feet while the school zone on Hubertus Road extends, —800 feet from the intersection with FM 482. The speed limit on FM 482 is 45 miles per hour with a 30 mile per hour school speed zone. Hubertus Road has a 30 mile per hour speed limit with a proposed 20 mile per hour school speed limit. The Transporation Safety Advisory Committee (TSAC) recommended approval of this at their August 2, 2018 meeting. Goal To ensure that school zones are up to date in the City of Schertz and enforced through Code of Ordinances, and provide for safe travel while maintaining proper records for maximum speed limits in School Zones. Community Benefit By working cooperatively with the TxDOT and local. Schools, the City can promote safety for students traveling in the City Limits. Summary of Recommended Action Recommend approval this August 7, 2018 first reading of Ordinance No. 18 -D -27. FISCAL IMPACT No capital cost to the city, these signs will be installed by the School contractor. Signs on FM 482 will be maintained by TxDOT. Signs on Hubertus Road will be maintained by the City Public Works Department. City Council Memorandum Page 2 RECOMMENDATION Staff recommends approval of Ordinance 1.8 -D -27 on first reading. ATTACHMENT(S) Exhibit A — School Zone Location. Map Exhibit B — TxDOT Strip Map Ordinance 1.8 -D -27 IMUT117M., Proposed Reduced Speed School Zone on FM 482 and Hubertus Road in Schertz, TX (Danville Middle School) ORDINANCE NO. 18 -D -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86- 118, MAXIMUM LIMITS IN SCHOOL ZONES INCLUDING THE SCHOOL ZONE FOR THE DANVILLE MIDDLE SCHOOL ON FM 482 AND HUBERTUS ROAD, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with respect to a highway under its jurisdiction and in the reasonable exercise of the police power can designate school crossing zones; and WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary school or secondary school during the time the reduced speed limit applies; and WHEREAS, the City has received a request from the Texas Department of Transportation (TxDOT) to designate a school crossing zone on FM 482 in the vicinity of the Danville Middle School; and WHEREAS, the City has determined a school zone is advisable on Hubertus Road in the vicinity of the Danville Middle School; and WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 86 -118 of the Schertz Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86 -118 of the Code of Ordinances of the City of Schertz, Texas, Maximum Limits in School Zones, be amended to add the following: "Section 86- 1.1.8, Maximum limits in school zones" Street Extent Speed Limit (MPH) FM 482 1580' from MP 1.333 to 30 M.P. 1.655 Hubertus Road 800' from the intersection 35 of FM 482 to the south Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Passed and approved on the first reading this 7th day of July 2018. . 1 11 N 11 Ill Michael R. Carpenter, Mayor, ATTEST: Brenda Dennis, City Secretary DEVELOPMENT U L/ L RESTRICTED SIGHT DISTANCE -30 MPH WHEN SO BALL BANK or ADVISORY SPEED SIGNED FOR SCHOOL CURVES OVER ZONE GRADES OVER 3% 45 MPH AT ALL SURFACE WIDTH AND TYPE (L OTHER TIiTE—S R.O.W. AND ROADBED WIDTH Z ACCIDENTS 0- 0.300 ZONE LENGTHS MILE 2.456 =iH ZONE SPEEDS MPH 45 --WTW-- TOWARD < FM 482 SCHERTZ (INC) N53*00'E N39* 17'E SCHERTZ (INC) N29*26'E F-49-1 M5 48 -4- 6 fl88 44 48 90 110, D. 0. T. 415 587 P TOWARD LS NEW BRA�� Q-9 I 15714- 11311 F4 51 F5-8 � F1 0-01 ZONE SPEEDS MPH 45 ZONE LENGTHS MILE 2.456 ACCIDENTS 0.300 R. 0. W. AND ROADBED WIDTH 80' 26 SURFACE WIDTH AND TYPE 18' ONE CST ON 24'X6" FLEX BASE *30 MPH WHEN SO GRADES OVER 3% SIGNED FOR SCHOOL CURVES OVER 2* ZONE BALL BANK or ADVISORY SPEED 45 MPH AT ALL RESTRICTED SIGHT DISTANCE OTHER TIMES DEVELOPMENT RURAL/RESIDENTIAL SAN ANTONIO DISTRICT COMAL COUNTY TE-M NIE F 4-2 0 0 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE SPEED ZONE- SHEET A HIGHWAY FM 482 CITY OF SCHERTZ I ... 47 "TE 06/18/96 WE DATE of SURVEY 07/06/17 SCALE:5"= I MILE CWELEO By WE LIMITS OF ZONE SECTION ONE LENGTH 2. 456 MILES SECTION TWO [:ENG:T::H: MILES RGINS --VA - W CMT & UCT MOJECT NO, STA � W CONT t SECT PRMCT NO, 0.000 10016-191 TS RI-1 SHEETS Ems " F' -,TS 711S-H ,q SIA - W —1 t SICI —JE T V. 2.456- 60-!Ig RI - , EE i T S s'.~ Nw� T.\ENGDATA\Traffic\TrafficEng\sl)eed zone\strip mops\Co(no1\fm 482.dgn EXHIBIT B Ordinance 18-D-27 Danville Middle School School Zone on FM 482 Informational only 2 1 A CplV11• OL11"Llu IEd10IU to] 710 RodI City Council Meeting: August 7, 2018 Department: City Manager Subject: Update on major projects in progress Background This is the monthly update on large capital projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires this information to be presented in a different way or desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided if possible. Parks and Recreation: Community Playscape Restroom: The pre - fabricated building is 1.00% complete at the factory. The geotechnical report for the engineered foundation is complete and the design is almost complete as well. The geotechnical report showed the foundation needed significant redesign to insure the pre- fabricated building would be appropriately placed. The firm is re- estimating the costs of the foundation and site preparation. When this is complete, the project will begin as soon as possible. Drainage Projects: East Dietz Creek Desilting: This is to desilt approximately 1 mile of the East Dietz Creek between FM 3009 and Dietz Road from Live Oak Road and Borgfeld Road. This project was awarded by Council and work is underway to begin this project. 2. Concrete Rip -Rap Projects: 6 separate drainage projects involving installing concrete to either improve flow or decrease maintenance have been designed and are ready to bid as a single project to obtain better pricing. Bids should be back in August. 3. Cameron River Drainage Box: Staff is waiting on one more proposal from a vendor and then the work will be awarded and started. It is anticipated this work will be complete by the end of August. Facilities Projects: Recreation Center/YMCA Restrooms: All demo work has been completed. Work has begun on the reconstruction. Shower floor curbs have been poured and the concrete work in the crawl space under the building is complete. Project is estimated to be complete in November. 2. Fire Station 3: Staff is asking City Council to approve the Guaranteed Maximum Price from the Construction Manager at Risk on August 7. Once this is completed, work will begin to finalize platting and permitting. Current schedules anticipate a twelve month schedule with completion in July 2019. Staff will be planning a ground breaking in September. 3. Fire Station #2 Waterproofing: As of July 31, this project is complete. All exterior and interior work is completed and staff is once again occupying all areas of the station. Air quality testing will be conducted in mid - August and again at six months and one year to insure that all mold issues have been abated and no further issues arise. 4. Roof Repairs: Roof repairs are in progress on 6 buildings. 3 accessory structures at the Nacogdoches Rood well site are having their roofs replaced. That work is expected to be complete on July 18. Work will then move to Building 1 at the Hal Baldwin Municipal Complex with that roof being replaced during August. That work is anticipated to take two weeks and then the roof on the Pickrell Park Pool House and one of the restrooms will both be replaced. The pool roof will be delayed until the pool closes after Labor Day. All projects should be completed by the end of September. 5. Emergency Services Gate Replacement: The entrance and exit gates for the Emergency Services Complex have been dysfunctional for months. A contractor has been retained and they are replacing the swing gates with track gates that will provide better security for the compound. Additionally, extra lighting and cameras will provide better security on who enters and exits the compound. This project should be complete by the end of August. EngineerinLy Projects: 1. 2018 Street Preservation and Maintenance/Rehabilitation Project: City Staff met with LAN regarding the review of the 70% plans for Randolph Ave chip seal; the Northcliffe mill and overlay; the Greenfield Village Subdivision chip seal; and the Curtiss Ave chip seal. After receiving preliminary boring information from the geotechnical consultant, City Staff met with LAN and the geotechnical engineer to discuss design options, given the results of the borings. The design team is working on revised design documents based on the meetings that were held. The 70% plans for the reconstruction portions of the project remain in process due to the findings of the geotechnical borings, but were discussed in concept during the multiple design meetings held. City Staff expects to receive the revised design documents in August. It is anticipated that the project will go out to bid by the end of the summer of 2018. 2. Corbett Elevated Water Storage Tank: Ford Engineering is working on finalizing the construction documents and bid documents. Pending approval of the UDC amendments for Public Water and Wastewater Facilities, the project team will submit documents to complete the City's platting and site plan process for the tank site. City Staff continues working with property owners to obtain waterline easements along Schaefer Road to relocate the existing waterline in Schaefer Road. This month, City Staff has come to verbal agreements with two more property owners and are working on getting the agreements signed. It is anticipated that bidding for the project will take place at the end of the summer of 2018, with construction to follow. 3. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: CobbFendley continues to work on the additional design services to complete the remaining survey and ownership changes. Due to the complexity of the project crossing numerous properties, City Staff and CobbFendley have worked to create a fencing plan to clearly identify fence replacement, gate locations, and temporary fencing. City Staff expects to receive 1.00% design documents from CobbFendley in the upcoming weeks. City Staff and CobbFendley continue to negotiate with property owners to acquire necessary easements for the project. Fifteen of the eighteen properties are currently in the appraisal or negotiation process. City Staff is bringing a resolution to City Council on August 7th to allow the Acting City Manager and City Staff to negotiate and sign the easements for the project. Pending approval of the UDC amendments for Public Water and Wastewater Facilities, the project team will submit documents to complete the City's platting and site plan process for the lift station site. It is anticipated that bidding for the project will take place at the end of the summer or fall of 2018. 4. Pedestrian Routes and Bike Lanes Project: In July, Ford Engineering submitted final environmental reports to TxDOT for review and approval. Environmental clearances for the project are expected to be granted by the end of August, but is dependent on TxDOT review times. After environmental clearances are approved, City Staff will proceed with obtaining the necessary trail easement and sidewalk easements. Ford Engineering and City Staff are working to evaluate project costs to stay within the proposed budget. Completion of the 90% plans is being done in conjunction with the cost evaluation. TxDOT currently has the project scheduled to let in April of 2019. 5. FM 1103 Bridge Project: Construction continues with the successful demolition of the old bridge structure. As new bridge structural elements are added, lane closures will continue as necessary. TxDOT and its contractors keep City Staff informed of detours and closures so that the City can assist in disseminating the information to the public in a timely fashion. The currently anticipated completion date is June 2019. 6. FM 1103 Improvement Project: Utility relocations are underway (including electric, communications, gas, water, and wastewater). Schertz Public Works is working to acquire easements necessary to relocate some water and wastewater lines that conflict with the planned roadway and drainage improvements. The $2 million contribution to the project committed by the City of Schertz has been paid in full to TxDOT. The target let date for a construction contract is October 2019. . 7. FM 1518 Improvement Project: TxDOT is nearing environmental clearance for the entire project and expects that to be complete in September, 2018. Once environmental clearance is achieved, right of way acquisition will begin. Approximately 140 parcels are affected by right of way needs. TxDOT is also working on a value - engineering phase of the project. Construction is currently expected to begin in 2022. As projects are completed, they will be removed from the document moving forward. Again, please advise if we can provide more, different or better information in this report. Information only 2 1 B CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 . Department: Utility Billing Subject: Billing Process BACKGROUND City of Schertz Utility Billing Department is currently experiencing a delay in reading water meters. The City's meters are failing and it is taking more than the average 1 to 2 business days to read. Due to this unexpected delay, the billing clerks have to estimate failed meters and have a shorter billing window to review each cycle before sending the information to the 3rd party company for printing /mailing. Here is an example: Cycle 7 meters are read on the 10th of each month. The billing is expected to be completed and in the citizens mailbox no later than the 20th. This past month the City sent billing out to the 3rd party company on the 26th of July. of a Reading Billing Due 10% Penalty Turn Off 7 1 Oth 20th 5th 6th 17th Staff understands the concerns of citizens not having ample time between receiving their bill and the bill due date. Effective immediately our new office procedure when bills are sent out late is to not charge late fees and extend the due date to the turn off date. This will allow an extra ten days to pay the utility bill. Staff is only making this adjustment IF the office is untimely in sending out the water bills. The long -term solution is to replace the current water meter system with a new AMI system. A Request for Proposals (RFP) was sent out and responses were received from 8 companies. Staff plans to present this information to Council in August and to move forward with the meter replacement shortly thereafter. 0111 &WOL11"LlusI ady 1 DIU [o7 710 Rod City Council Meeting: August 7, 2018 Department: Subject: C• � 1 Informational only 21 C Economic Development SEDC 2 "1 Quarter Update The City of Schertz Economic Development Corporation's (the "SEDC ") Economic and Project Update provides information on the Schertz real estate market, SEDC projects, recruitment efforts, and the SEDC Business Retention and Expansion Plan. This report began as an effort to inform and educate SEDC Board members and has been expanded to help City Council become better informed on SEDC activities. The recruitment and retention appendix has been added to provide more information to the City Council on two of the most important areas of focus for the SEDC. SECOND QUARTER HIGHLIGHTS Texas Plumbing Supply has completed its 35,000 square foot facility and begun operations in Schertz. Wiederstein Ranch, a development by WRl LLC, is under construction. EVO is the first tenant to begin construction. The EVO theater is expected to be open in February 2019. The Schertz industrial market continued to see an increase in the average asking price which currently sites at $5.85 NNN. The vacancy rate remained near even at 10.6 %. Year- over -year new residential building permits are down by IL 6% for the second quarter. SEDC recruitment and retention activity remains high. The SEDC participated in 3 recruitment events and generated 30 new inquiries and 10 new prospects during the quarter. The SEDC continues to work with our primary job creating businesses through the execution of the Business Retention & Expansion plan. ATTACHMENT (S) Q2 2018 . Economic and Project Update — with the recruitment & retention appendix The mission of the City of Schertz Economic Development Corporation (SEDC) is to grow the Schertz economy through Projects. Specifically, we pursue Projects that focus on the creation/retention of Primary Jobs and Infrastructure Improvements. IF I -IL77 Schertz, examples of companies that create Primary Jobs are associated with our key industries of: manufacturing, warehouse and distribution, and e-commerce because they export goods/services to regional, statewide, national, or international markets. CalTex Protective Coatings is an example of a Schertz company that creates Primary Jobs. They manufacture sealants and other car-care detailing products. These products are exported to other markets, such as Kansas City, and new money is created in Schertz. This is what creates and maintains the flow of new wealth into our community. On the other hand, an example of a business sector that does not create Primary Jobs is retail or medical. Purchases made at a local shopping center or payments made when visiting the doctor generally use existing money to pay for those goods or services. These businesses rely on new money that was created through the companies that generate Primary Jobs to fuel our local economy. PRODUCT NEW MONEY PAYCHECKS gq A Schertz Primary Job C2) The Product Is Exported To C3' The Schertz Primary Job Employer Primary Job Employees Are Paid & Employer Produces A P roduct Another Community Or Reg ion ) Is Paid In Exchange For The Product Infuse New Money Into Local Economy Quarterly comparison data for the Industrial, Office, & Retail sectors for both the Schertz and San Antonio market. MIUMAM r 1 a I Q2 2017 Q3 2017 Q4 2017 Q1 2018 f f i c e R e t a i I *When removing outliers, the average rent per square foot per year range is $11 -14 (NNN) t r I a I Q2 2017 Q3 2017 Q4 2017 Q1 2018 f f i c e R e t a i I 4 DEVELOPM ENT UPDATE Q|0T WORK Preparing site for intended use (grading, infrastructure installation, poring pads). UNDER CONSTRUCTION Activity between site preparation and certificate of occupancy issuance. E W, Certificate of occupancy issued / Internal or external work being done to existing building. UNDER CONSTRUCTION 7� Platform Warehouse Suites 7637FM3009 Flex 8. Brake Check —1716O|H35N Retail 9. Sohertz Business Park l996SchertzPkwy Retail lQ. Cibo|o[reek Municipal Authority Wastewater Plant Expansion 1I4Z3 Authority Ln Civic 11. Samuel Clemens Expansion 1001Bbe|Kd Civic 12, Ryder Truck Expansion 9993 Doerr Ln Industrial V- � COMPLETE/REMODEL 20, 'Texas Allergy & Asthma - 3746 Schertz Pwky - Office 21, 8immondsRea|ty-17148|-35-Office 22. Starbucks/Retai|-917FK430O9-Retail 23. Texas Plumbing Supply -17992 Red Iron -Industrial so EM is Informational Item 21 D IN V M4LeI0L,U 110UY 19 Lyl [o7 71►`111UUi City Council Meeting: August 7, 2018 Department: Subject: C• � 1 Finance Quarterly Financial Reports Per the Public Funds Investment Act (PFIA) Section 2256.023 of the Government Code and Section IV Investment Reporting of the City's Adopted Investment Policy and Strategy, Investment Reports will be presented to the City Council no less than quarterly. Quarterly, Staff will submit to council unaudited financial statements as an update on the City's fiscal and budget performance. ATTACHMENT (S) Quarterly Financial Report Quarterly Investment Report Quarterly t t Texas MY OF S HERT REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF une 30,2018 017 2018 170,200.00 CURRENT CURRENT Y -T -D BUDGET BUDGET ` -T-D AC'T 1AL ENCUMBIR BALANCE 75% OF BUDGET General Fund, 101 Total Expenditures 170,200.00 69,512.05 23,377.80 77,310.15 Total Revenues 31,594,458.43 26,863,959.92 0.00 4,730,498.51 85.03% Total General Government 6,655,155.92 5,066,118.30 288,772.17 1,300,265.45 80.46% Total Public Safety 13,736,139.18 9,964,681.48 206,924.57 3,564,533.13 74.05% Total Public Environment 1,353,192.00 898,877.91 163,117.22 291,196.87 78.48% Total Parks & Recreation 1,946,281.81 1,075,980.38 97,288.85 773,012.58 6028% Total Cultural 928,598.00 723,423.99 9,892.05 195,281.96 78.97% Total Health 901,147.00 466,701.17 56,347.57 378,098.26 58.04% Total Internal Services 5,714,689.08 3,833,469.03 344,536.54 1,536,683.51 73.11% Total Misc & Projects 335,855.00 217,420.35 33,221.10 85,213.55 74.63% Total Expenditures 31,571,057.99 22,246,672.61 1,200,100.07 8,124,285.31 74.27% Revenue Over(Under) Expenditures 23,400.44 4,617,287.31 23,159,842.00 14,907,704.20 994,369.65 7,257,768.15 General Fund, 101 Total Cash in Bank & Investments Revenue Over(Under) Expenditures 15,696,833.52 (507,172.00) 2,358,252.54 Total Revenues 170,200.00 60,727.92 0.00 1 109,472.08 1 35.68% Total Expenditures 170,200.00 69,512.05 23,377.80 77,310.15 54.58% Revenue Over(Under) Expenditures 0.00 (8,784.13) Special Events Fund, 106 Total Cash in Bank & Investments 75,741.98 Peg Fund, 110 Total Revenues 200,000.00 21,430.96 - 178,569.04 10.72% Total Expenditures 200,000.00 0.00 - 200,000.00 0.00% Revenue Over(Under) Expenditures 0.00 21,430.96 Peg Fund, 110 Total Cash in Bank & Investments 638,506.06 Water & Sewer, 202 Total Revenues 22,652,670.00 17,265,956.74 - 5,386,713.26 76.22% Total Expenditures 23,159,842.00 14,907,704.20 994,369.65 7,257,768.15 68.66% Revenue Over(Under) Expenditures (507,172.00) 2,358,252.54 Water & Sewer, 202 Total Cash in Bank & Investments 10,073,493.89 CH'Y OF SCHERTZ REVENUE AND EXPENSE REPORT(U?',IAUDITI�ED) Quarterly Statement AS OF�June 30,2018 2017-21118 Schell Texas CURRENT CURRENT Y-T-D BUDr,'7ET 75% OF BUDGET Y-T-D ACTUAL, ENCUMBR BAL.ANCE BUDGET EMS, 203 Total Revenues 9,020,712.72 6,678,645.08 0.00 2,342,067.64 74�04% Total Expenditures 9,007,172.81 6,587,585.53 136,324.73 2,283,262.55 74.65% Revenue Over(Under) Expenditures 13,539.91 91,059.55 EMS, 203 Total Cash in Bank & Investments 297,564.31 Drainage, 204 Total Revenues 2,763,927.00 1,056,978.48 - 1,706,948.52 38.24% Total Expenditures 2,893,296.00 1,112,258.36 110,715.94 1,670,321.70 42.27% Revenue Over(Under) Expenditures (129,369�00) (55,279�88) Drainage, 204 Total Cash in Bank & Investments 1,676,088.70 Hotel Tax, 314 Total Revenues 563,650.00 383,713.19 179,936.81 68.08% Total Expenditures 322,836.00 156,864.22 165,971.78 48.59% �evenue Over(Under) Expenditures 240,814.00 226,848.97 Hotel Tax, 314 Total Cash in Bank & Investments 1,697,174.17 Park, 317 Total Revenues 239,829.69 143,729�96 - (13,729.96) 59.93% Total Expenditures 239,829.69 95,745.40 96,379.38 47,704.91 80�11% Revenue Over(Under) Expenditures 0.00 47,984.56 Park, 317 Total Cash in Bank & Investments 416,958.59 Tree Mitigation, 319 Total Revenues 157,000.00 107,306.24 49,693.76 68.35% Total Expenditures 157,000.00 3,243.00 153,757.00 2.07% Revenue Over(Under) Expenditures 0.00 104,063.24 Tree Mitigation, 319 Total Cash in Bank & Investments 435,975.71 Capital Recovery Water, 411 Total Revenues 1,140,200.00 1,300,562.34 (160,362.34) 114.06% Total Expenditures 256,000.00 1'000�00 255,000.00 0.39% kevenue Over(Under) Expenditures 884,200.00 1,299,562.34 Capital Recovery Water, 411 Total Cash in Bank & Investments 6,144,924.75 Quarterly Statement Sc hertz, Texas CH'Y OF SCHERTZ REVENUE AND EXPENSE REPORT(WIMUDITMD) AS O ne €0 2018 6,994,532.00 CURRENT CURRENT Y -T -D B Dr,'7E ° BUDGET Y-T -D ACTUAL, ENCU BR BAL.ANCE 75% OF BUDGET Capital Recovery Sewer, 421 Total Expenditures 1 1 5,817,792.93 699,660.01 477,079.06 Total Revenues 949,850.00 730,707.70 - 219,142.30 76.96% Total Expenditures 695,200.00 4,268.02 - 690,931.98 0.61% Revenue Over(Under) Expenditures 254,650.00 726,439.68 Capital Recovery Sewer, 421 Total Cash in Bank & Investments Total Revenues 6,350,493.18 4,307,873.00 3,253,340.81 - 829,532.19 Total Revenues 6,994,532.00 6,501,140.39 - 493,391.61 92.95% Total Expenditures 6,994,532.00 5,817,792.93 699,660.01 477,079.06 93.18% Revenue Over(Under) Expenditures 0.00 683,347.46 1 &S, 505 Total Cash in Bank & Investments 2,133,429.59 SED Corporation, 620 Total Revenues 4,307,873.00 3,253,340.81 - 829,532.19 75.52% Total Expenditures 2,434,865.00 1,317,141.82 586.16 1,117,137.02 54.12% Revenue Over(Under) Expenditures 1,873,008.00 1,936,198.99 Total Cash in Bank & Investments 61,895,870.59 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 19,581,110.00 2,328,210.35 16,466,698.25 18,057,075.80 - 1,524,034.20 92.22% Franchises 2,229,264.43 553,741.43 1,528,508.44 1,626,838.88 - 602,425.55 72.98% Permits 1,573,356.00 683,346.39 1,569,626.35 1,801,572.63 - (228,216.63) 114.51% Licenses 51,160.00 27,930.00 51,255.00 58,930.00 - (7,770.00) 115.19% Fees 2,126,546.00 706,682.08 1,969,059.00 1,917,587.59 - 208,958.41 90.17% Fines 20,000.00 4,824.76 17,606.54 16,788.84 - 3,211.16 83.94% Inter - Jurisdictional 873,008.00 177,966.88 550,869.12 577,401.34 - 295,606.66 66.14% Fund Transfers 4,484,614.00 548,826.78 1,811,816.24 2,088,655.98 - 2,395,958.02 46.57% Miscellaneous 655,400.00 211,681.55 443,890.65 719,108.86 - (63,708.86) 109.72% TOTAL REVENUES 31,594,458.43 5,243,210.22 24,409,329.59 26,863,959,92 - 4;730,498.51 85.03% EXPENDITURE SUMMARY GENERAL GOVERNMENT CITY COUNCIL Personnel Services 34,699.00 9,641.17 24,225.74 27,215.43 14.40 7,469.17 78.47% Supplies 1,050.00 79.82 389.96 142.73 - 907.27 13.59% City Support Services 41,393.00 519.34 34,368.74 17,776.31 157.80 23,458.89 43.33% Utility Services 641.47 197.59 - 465.07 - 176.40 72.50% Operations Support 500.00 - 336.04 29.00 19.99 451.01 9.80% Staff Support 28,868.53 139.24 20,084.41 22,065.73 - 6,802.80 76.44% Operating Equipment - 723.00 - - - 0.00% TOTAL CITY COUNCIL 107,152.00 10,577.16 80,127.89 67,694`.27 192.19 39,265.54 63.36% CITY MANAGER Personnel Services 1,088,445.00 249,171.27 767,322.24 1,014,294.20 - 74,150.80 93.19% Supplies 2,000.00 - 1,270.67 440.50 - 1,559.50 22.03% City Support Services 12,674.32 - 4,989.85 8,154.32 - 4,520.00 64.34% Utility Services - 433.77 118.49 1,009.05 - (1,009.05) 0.00% Operations Support - - 23.98 - - - 0.00% Staff Support 27,060.68 2,520.13 15,218.74 10,292.73 2,227.12 14,540.83 46.27% TOTAL CITY MANAGER 1,130,180.00 252,125.17 788,94197 1,034,190'.80 2,227.12 93,762.08 91.70 %i CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET MUNICIPAL COURT Personnel Services 288,987.00 76,934.10 204,659.50 229,613.43 - 59,373.57 79.45% Supplies 2,000.00 291.83 721.59 949.18 - 1,050.82 47.46% City Support Services 1,000.00 - 37.78 157.86 - 842.14 15.79% Operations Support 3,250.00 - - 69.00 - 3,181.00 2.12% Staff Support 8,510.00 836.32 2,757.39 2,889.63 - 5,620.37 33.96% Court Support 700.00 - 186.00 96.00 - 604.00 13.71% Professional Services 67,960.00 16,322.56 40,840.00 44,629.27 3,540.00 19,790.73 70.88% Maintenance Services 3,000.00 500.00 1,920.00 1,500.00 1,450.00 50.00 98.33% Operating Equipment - - 39.02 - - - 0.00% TOTAL MUNICIPAL COURT- 375,407.00 94,884.81 251,161.28 279,904.37 4,990.00 90,512.63 75.89 %< CUSTOMER RELATIONS -311 Personnel Services 115,904.00 32,075.75 87,481.14 93,101.77 - 22,802.23 80.33% Supplies 150.00 3.37 40.30 72.30 - 77.70 48.20% Staff Support 815.00 46.98 170.00 46.98 - 768.02 5.76% Operating Equipment 600.00 - - 554.62 - 45.38 92.44% TOTAL CUSTOMER RELATIONS -311 117,469.00 32,126.10 87,691.44 93,775.67 - 23,69133 79.83% PLANNING & ZONING Personnel Services 202,143.22 56,226.95 143,479.58 160,369.92 - 41,773.30 79.33% Supplies 3,300.00 239.85 695.23 438.91 - 2,861.09 13.30% Operations Support 150.00 - 70.29 7.20 6.90 135.90 9.40% Staff Support 25,490.00 5,384.30 9,573.78 9,212.22 520.00 15,757.78 38.18% Professional Services 100.00 - 100 - 100.00 0.00% Operating Equipment 250.00 - - - - 250.00 0.00% TOTAL PLANNING & ZONING 231,433.22 61,851.10 153,918.88 170,028.25 526.90 60,878.07 73.70% LEGAL SERVICES Operations Support 5,000.00 949.30 1,422.79 1,636.59 325.00 3,038.41 39.23% Professional Services 155,000.00 25,827.35 69,924.62 72,629.46 - 82,370.54 46.86% TOTAL LEGAL SERVICES 160,000.00 26,776.65 71,347.41 74,266.05 325.00 85,408.95 46.62% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET CITY SECRETARY Personnel Services 177,703.00 49,592.40 133,619.74 143,836.45 - 33,866.55 80.94% Supplies 1,050.00 145.59 1,202.51 762.45 - 287.55 72.61% City Support Services 8,500.00 4,898.58 4,975.46 6,957.75 - 1,542.25 81.86% Operations Support 100.00 12.90 - 59.90 - 4010 59.90% Staff Support 6,650.00 36.00 2,794.66 2,192.98 260.00 4,197.02 36.89% TOTAL CITY SECRETARY 194,003.00 54,685.47 142,592.37 153,809.53 260.00 39,933.47 79.42% NON - DEPARTMENTAL City Support Services 696,011.70 3,046.50 327,906.00 287,499.90 100,166.15 308,345.65 55.70% Operations Support 154,500.00 35,141.58 51,956.73 105,138.31 6,243.36 43,118.33 72.09% Staff Support 320.00 - 165.50 80.00 - 240.00 25.00% City Assistance 1,741,562.00 846,544.03 1,585,307.64 1,566,862.31 139,081.25 35,618.44 97.95% Professional Services 44,635.00 16,680.09 64,066.97 48,399.14 29,450.00 (33,214.14) 174.41% Fund Chrgs /Transfrs -Spec Events Fnd 93,733.00 - - - - 93,733.00 0.00% TOTAL NON- DEPARTMENTAL 2,730,761.70 901,412.20 2,029,40284 2;007,979:66 274,940.76 447,841.28 83.60°loi' CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PUBLIC AFFAIRS Personnel Services 283,164.00 66,714.00 204,723.80 211,808.37 - 71,355.63 74.80% Supplies 2,770.00 604.61 817.29 1,423.95 - 1,346.05 51.41% Operations Support 25,050.00 5,510.49 11,130.12 12,317.98 771.69 11,960.33 52.25% Staff Support 4,230.00 1,249.13 1,279.00 1,919.87 959.34 1,350.79 68.07% Professional Services 3,100.00 3,120.00 22,900.00 3,120.00 - (20.00) 100.65% Operating Equipment 30.00 27.97 - 27.97 - 2.03 93.23% TOTAL PUBLIC AFFAIRS 318,344.00 77,226.20 240,850.21 230,618.14 1,731.03 85,994.83 72.99 %' RECORDS MANAGEMENT Personnel Services 48,926.00 13,338.11 29,512.68 35,838.70 - 13,087.30 73.25% Supplies 100.00 - 31.22 - - 100.00 0.00% Staff Support 355.00 230.53 - 230.53 - 124.47 64.94% Professional Services 16.728.00 7,305.53 7.000.88 11,708.75 281.79 4.737.46 71.68% TOTAL RECORDS MANAGEMENT 66,109.00 20,874.17 36,544;78 47,777.98 281.79 18,04923 72.70% SCHERTZ MAGAZINE Personnel Services 123,853.00 33,669.66 96,753.24 97,339.05 - 26,513.95 78.59% Supplies 200.00 40.58 180.85 40.58 - 159.42 20.29% Opperations Support 2,600.00 626.17 985.25 1,580.09 - 1,019.91 60.77% Staff Support 3,330.00 681.00 1,245.00 2,071.19 400.15 858.66 74.21% Professional Services 255,500.00 56,853.62 170,351.97 189,790.55 35.00 65,674.45 74.30% Fund Charges /Transfers 10,000.00 - - - - 10,000.00 0.00% Operating Equipment - 125.98 - - - 0.00% TOTAL SCHERTZ MAGAZINE 395,483.00 91,871.03 269,642.29 290,821.46 435.15 104,226.39 73.65% ENGINEERING Personnel Services 589,714.00 163,257.13 312,033.97 472,524.32 - 117,189.68 80.13% Supplies 1,572.30 245.41 408.77 491.77 - 1,080.53 31.28% City Support Services 650.00 650.00 295.20 650.00 - - 100.00% Utility Services 3,500.00 856.69 675.76 1,844.78 - 1,655.22 52.71% Operations Support 47.70 - 71.96 47.70 - - 100.00% Staff Support 11,475.00 1,372.48 1,818.38 2,788.16 107.20 8,579.64 25.23% Professional Services 51,967.00 825.00 27,986.40 3,477.50 2,234.08 46,255.42 10.99% Rental /Leasing - - 2,824.47 - - - 0.00% Operating Equipment 400.00 - - - - 400.00 0.00% TOTAL ENGINEERING 659,326.00 167,206.71 346,114.91 481,824.23 2,341`.28 175,160.49 73.43 %' CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET GIS Personnel Services 161,063.00 43,869.70 115,204.44 128,352.36 - 32,710.64 79.69% Supplies 1,740.00 45.39 1,575.07 253.86 - 1,486.14 14.59% Staff Support 4,600.00 2,311.90 931.80 3,258.82 - 1,341.18 70.84% Rental /Leasing 2,085.00 520.95 1,562.85 1,562.85 520.95 1.20 0.00% TOTAL GIS 169,488.00 46,747.94 119,274.16 133,427.89 520.95 35,53916 79.03 %! TOTAL GENERAL GOVERNMENT 6,655,155.92 1,838,36471 4,617,612.43 5,066,118`.30 288,772.17 1,300,265.45 80.46 %'i PUBLIC SAFETY POLICE Personnel Services 6,429,458.00 1,609,105.80 4,432,569.80 4,749,904.74 - 1,679,553.26 73.88% Supplies 65,446.80 6,720.52 69,426.07 37,670.26 1,497.04 26,279.50 59.85% City Support Services 21,500.00 - 21,294.42 24,229.52 - (2,729.52) 112.70% Utility Services 106,957.00 23,180.74 51,444.84 54,464.55 - 52,492.45 50.92% Operations Support 7,935.00 689.00 1,752.70 1,503.25 - 6,431.75 18.94% Staff Support 148,758.43 30,719.67 64,188.01 74,714.28 21,152.92 52,891.23 64.44% City Assistance 18,222.00 3,448.07 9,934.17 7,869.69 3,737.54 6,614.77 63.70% Professional Services 49,948.00 19,341.89 31,836.13 44,614.30 1,080.00 4,253.70 91.48% Maintenance Services 57,645.00 7,073.72 28,164.53 31,367.21 4,339.85 21,937.94 61.94% Rental /Leasing - - 44,158.64 - - - 0.00% Operating Equipment 56,923.80 4,186.78 95,090.24 25,642.45 11,873.52 19,407.83 65.91% Capital Outlay 552,317.56 214,283.58 351,345.30 476,480.06 46,225.30 29,612.20 94.64% TOTAL POLICE 7,515,111.59 1,918,749.77 5;201,204.85 5;528,460,31 89,906.17 1,896,745.11 74.76 %'' FIRE RESCUE Personnel Services 4,186,534.00 1,138,962.27 2,606,284.19 3,166,888.62 - 1,019,645.38 75.64% Supplies 18,200.00 3,330.50 3,569.51 7,081.26 2,586.13 8,532.61 53.12% Utility Services 53,650.00 11,464.71 31,772.33 28,092.79 - 25,557.21 52.36% Operations Support 550.00 - - 58.00 - 492.00 10.55% Staff Support 167,875.00 32,440.26 114,137.27 115,084.25 14,427.15 38,363.60 77.15% City Assistance 20,000.00 3,238.40 3,804.22 6,831.32 - 13,168.68 34.16% Professional Services 33,500.00 18,525.00 32,696.00 23,425.00 - 10,075.00 69.93% Maintenance Services 73,000.00 35,311.70 24,067.86 45,239.53 5,485.83 22,274.64 69.49% Other Costs - 3,318.89 - 3,420.94 - (3,420.94) 0.00% Rental/Leasing 23,500.00 3,950.82 11,964.83 11,964.83 3,950.82 7,584.35 67.73% Operating Equipment 107,800.00 22,547.06 46,923.39 39,397.29 14,235.52 54,167.19 49.75% Capital Outlay 97,000.00 44,772.15 37,207.23 79,652.55 24,863.98 (7,516.53) 107.75% TOTAL FIRE RESCUE 4,781,609.00 1,317,861.76 2,912,426.83 3';527,136.38 65,549.43 1',188,923.19 75.14 %> CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET INSPECTIONS Personnel Services 633,766.59 167,125.25 427,075.26 480,082.48 - 153,684.11 75.75% Supplies 4,100.00 591.85 2,263.24 1,231.63 62.11 2,806.26 31.55% Utility Services 5,000.00 1,146.09 2,227.19 2,925.80 - 2,074.20 58.52% Operations Support 2,000.00 387.00 1,516.47 910.00 310.00 780.00 61.00% Staff Support 28,180.00 6,441.26 12,146.17 10,707.32 805.00 16,667.68 40.85% Professional Services 270,400.00 59,700.00 147,175.00 123,890.00 46,510.00 100,000.00 63.02% Operating Equipment 5,500.00 358.97 - 4,373.06 749.00 377.94 93.13% TOTAL INSPECTIONS 948,946.59 235,750.42 592,403.33 624,12029 48,436 11 276,390.19 70.87% MARSHAL'S OFFICE Personnel Services 451,997.00 92,976.21 340,414.64 269,718.06 - 182,278.94 59.67% Supplies 3,475.00 148.28 1,592.68 2,776.94 38.18 659.88 81.01% Utility Services 8,500.00 1,842.43 4,128.56 4,186.40 - 4,313.60 49.25% Operations Support 1,000.00 106.00 274.85 106.00 - 894.00 10.60% Staff Support 11,900.00 2,390.12 4,707.88 3,989.63 669.68 7,240.69 39.15% City Assistance 2,750.00 - - - - 2,750.00 0.00% Maintenance Services 5,100.00 556.00 1,200.00 1,556.00 200.00 3,344.00 34.43% Operating Equipment 5,750.00 88.95 17,483.79 2,631.47 2,125.00 993.53 82.72% TOTAL MARSHAL'S OFFICE 490,472.00 98,107.99 369,802.40 284,964.50 3,032.86 202,474.64 58.72 %' TOTAL PUBLIC SAFETY 13,736,139.18 3,570,469.94 9,075,837.41 9,964,681!'.48 206,924.57 3,564,53113 74.05 %i' CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PUBLIC ENVIRONMENT STREETS Personnel Services 783,442.00 193,122.30 548,062.97 597,233.65 - 186,208.35 76.23% Supplies 82,850.00 16,661.89 48,670.83 55,051.98 3,340.63 24,457.39 70.48% Utility Services 149,200.00 45,639.17 89,560.22 114,016.31 609.53 34,574.16 76.83% Staff Support 11,250.00 2,460.52 9,375.18 7,072.75 204.32 3,972.93 64.69% Professional Services 15,750.00 - 5,037.50 7,937.00 - 7,813.00 50.39% Maintenance Services 69,000.00 68,82079 38,501.12 68,820.79 2,565.00 (2,385.79) 103.46% Rental /Lease 4,000.00 305.25 1,756.48 3,200.57 - 799.43 80.01% Operating Equipment 6,800.00 599.96 4,686.57 4,809.70 - 1,990.30 70.73% Capital Outlay 230,900.00 7,474.78 135,808.04 40,735.16 156,397.74 33,767.10 85.38% TOTAL STREETS 1,353,192.00 335,084.66 881,458.91 898,877.91 163,117.22 291,196.87 78.48% TOTAL PUBLIC ENVIRONMENT 1,353,192.00 335,084.66 881,458.91 898,877.91 163,117.22 291,196.87 78.48% PARKS & RECREATION PARKS DEPARTMENT Personnel Services 526,297.00 115,512.17 370,533.23 357,700.32 - 168,596.68 67.97% Supplies 65,550.00 18,148.71 26,892.01 51,633.37 9,302.45 4,614.18 92.96% City Support Services 10,357.81 4,855.27 8,452.63 7,480.57 - 2,877.24 72.22% Utility Services 222,000.00 84,904.99 147,983.92 166,911.70 6,752.35 48,335.95 78.23% Operations Support 1,000.00 - 1,673.20 878.97 120.00 1.03 99.90% Staff Support 9,850.00 2,787.92 8,870.72 7,280.55 943.88 1,625.57 83.50% Professional Services 137,500.00 22,238.24 60,291.79 43,018.24 7,613.12 86,868.64 36.82% Maintenance Services 17,000.00 468.25 16,060.56 13,446.56 500.00 3,053.44 82.04% Rental /Leasing 29,675.00 9,771.21 28,080.88 28,530.65 128.47 1,015.88 96.58% Operating Equipment 10,100.00 10,904.24 12,555.07 16,543.49 7,038.97 (13,482.46) 233.49% Capital Outlay 71,000.00 - 14,278.54 56,129.68 591.78 99.17% TOTAL PARKS DEPARTMENT 1,100,329.81 269,591:00 681,394.01 707,702.96 88,528.92 304,097.93 72.36 %? SWIM POOL Supplies 18,570.05 2,468.96 14,582.25 8,225.09 4,404.91 5,940.05 68.01% Utility Services 16,000.00 5,403.40 15,207.57 10,717.14 124.02 5,158.84 67.76% Professional Services - - 3,632.56 - - - 0.00% Maintenance Services 658,407.95 116,845.10 231,315.10 261,592.53 3,908.82 392,906.60 40.32% Operating Equipment 1,000.00 1,031.82 - 1,031.82 - (31.82} 103.18% TOTAL SWIM POOL 693,978.00 125,749.28 264,737.48 281,566.58 8,437.75 403,973.67 41.79 %`. CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET EVENT FACILITIES Personnel Services 60,584.00 15,892.05 45,231.50 46,066.78 - 14,517.22 76.04% Supplies 5,000.00 1,159.13 2,574.57 3,043.07 322.18 1,634.75 67.31% Utility Services 52,600.00 9,369.94 27,551.03 24,788.14 - 27,811.86 47.13% Operations Support 10,200.00 29.00 4,902.53 3,843.59 - 6,356.41 37.68% Staff Support 2,090.00 331.29 1,305.48 651.83 - 1,438.17 31.19% Operating Equipment 21,500.00 3,092.66 3,671.39 8,317.43 - 13,182.57 38.69% TOTAL EVENT FACILITIES ` 151,974.00 29,874.07 85,236.50 86,710`.84 322.18 64,940.98 57.27% TOTAL PARKS &?RECREATION 1,946,281.81 425,214.35 1,031,367.99 1,075,980.38 97,288.85 773,012.58 60.28% CULTURAL LIBRARY Personnel Services 729,748.00 198,300.90 536,649.30 583,642.46 - 146,105.54 79.98% Supplies 15,500.00 3,314.15 9,230.53 6,615.65 2,334.57 6,549.78 57.74% Utility Services 55,500.00 12,982.49 21,888.43 30,240.62 2,432.62 22,826.76 58.87% Operations Support 4,200.00 547.97 1,127.92 3,147.92 - 1,052.08 74.95% Staff Support 7,375.00 2,386.55 4,426.46 4,718.01 - 2,656.99 63.97% Professional Services 2,275.00 - 2,252.00 2,318.00 - (43.00) 101.89% Maintenance Services 1,500.00 - - - - 1,500.00 0.00% Operating Equipment 112,500.00 27,379.16 75,486.56 92,741.33 5,124.86 14,633.81 86.99% TOTAL LIBRARY 928,598.00 244,911.22 651,061.20 723,423.99 9,892.05 195,281.96 78.97 %` TOTAL CULTURAL 928,598.00 244,911.22 651,061'.20 723,423.99 9,892.05 195,281.96 78.97°lo'i CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET HEALTH ANIMAL SERVICES Personnel Services 338,061.00 73,841.33 243,275.17 218,982.33 - 119,078.67 64.78% Supplies 33,380.00 4,769.98 24,352.62 20,212.35 - 13,167.65 60.55% City Support Services 3,500.00 116.28 2,052.13 791.96 - 2,708.04 22.63% Utility Services 54,500.00 9,763.07 28,501.77 26,261.80 - 28,238.20 48.19% Operations Support 1,000.00 - 711.98 256.07 - 743.93 25.61% Staff Support 10,750.00 90474 3,422.57 3,269.34 595.38 6,885.28 35.95% City Assistance 18,500.00 4,563.05 7,986.87 11,075.32 - 7,424.68 59.87% Professional Services 24,500.00 4,016.00 12,266.64 11,547.01 - 12,952.99 47.13% Maintenance Services 43,380.00 320.00 8,303.92 2,095.00 160.00 41,125.00 5.20% Operating Equipment 31,000.00 7,709.43 5,657.42 8,044.40 812.99 22,142.61 28.57% Capital Outlay 62,000.00 - 27,870.00 - 54,029.20 7,970.80 87.14% TOTAL ANIMAL SERVICES 620,571.00 106,003.88 364,401.09 302,535.58 55, 597.57 262,437.85 57.71% ENVIRONMENTAL HEALTH Personnel Services 208,926.00 27,576.06 136,730.99 115,779.12 - 93,146.88 55.42% Supplies 3,095.00 188.50 620.60 473.45 - 2,621.55 15.30% Operations Support 1,800.00 135.00 702.61 211.00 - 1,589.00 11.72% Staff Support 7,350.00 459.54 2,815.76 2,738.80 - 4,611.20 37.26% City Assistance 1,000.00 243.18 900.81 337.98 - 662.02 33.80% Professional Services 15,500.00 9,530.00 176.00 12,055.00 - 3,445.00 77.77% Maintenance Services 15,000.00 2,348.50 4,985.00 5,298.50 750.00 8,951.50 40.32% Operating Equipment 2,300.00 - 1,284.88 1,666.74 - 633.26 72.47% Capital Outlay 25,605.00 25,605.00 - 25,605.00 - - 100.00% TOTAL ANIMAL SERVICES 280,576.00 66,085.78 148,216.65 164,165.59 750.00 115,660.41 58.78% TOTAL HEALTH ' 901,147.00 172, 089.66 512,617.74 466,701.17 56,347.57 378,098.26 58.04% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET INTERNAL SERVICE INFORMATION TECHNOLOGY Personnel Services 539,540.00 145,315.15 350,612.36 422,271.75 - 117,268.25 78.27% Supplies 7,100.00 651.45 4,849.81 6,761.48 280.73 57.79 99.19% City Support Services 836,362.40 258,263.18 343,778.04 551,412.47 50,347.54 234,602.39 71.95% Utility Services 210,474.00 56,311.66 140,788.91 145,871.83 426.54 64,175.63 69.51% Staff Support 40,000.00 10,208.44 24,129.39 26,211.63 1,784.60 12,003.77 69.99% Professional Services 249,137.00 5,745.10 - 5,745.10 - 243,391.90 2.31% Maintenance Services 14,692.00 8,469.34 10,917.77 10,098.86 969.12 3,624.02 75.33% Rental /Leasing - - 30,397.92 - - - Operating Equipment 270,498.68 25,976.84 158,443.88 162,360.91 28,584.56 79,553.21 70.59% Capital Outlay - 1,609.96 - 1,609.96 78,774.47 (80,384.43) 0.00% TOTAL INFORMATION TECHNOLOGY 2,167,804.0$ 512,551.12 1,063,918.08 1,332,343.99 161,167 56 674,292.53 68.90 %? HUMAN RESOURCES Personnel Services 353,475.00 102,670.02 220,931.91 307,456.70 - 46,018.30 86.98% Supplies 1,000.00 277.80 397.75 524.02 - 475.98 52.40% Human Services 74,500.00 12,365.88 38,043.73 38,386.91 10,850.00 25,263.09 66.09% City Support Services 204.36 - - 204.36 - - 100.00% Utility Services 455.88 113.97 - 341.91 - 113.97 75.00% Operations Support 9,339.76 337.65 3,181.44 6,306.20 861.12 2,172.44 76.74% Staff Support 15,000.00 6,179.46 7,350.23 7,514.84 258.98 7,226.18 51.83% City Assistance 10,000.00 5,160.00 4,578.00 7,745.00 455.00 1,800.00 82.00% Professional Services 9,600.00 2,234.25 7,202.75 6,927.75 2,234.25 438.00 95.44% Operating Equipment 1,000.00 - 614.94 - - 1,000.00 0.00% TOTAL HUMAN RESOURCES 474,575.00 129,339.03 282,300.75 375,407.69 14,659.35 84,507.96 82.19% FINANCE Personnel Services 584,989.00 131,614.07 419,530.35 416,965.27 - 168,023.73 71.28% Supplies 4,160.00 532.35 3,744.37 2,412.26 36.51 1,711.23 58.86% City Support Services - - - 138.00 - (138.00) 0.00% Operations Support 2,155.00 1,200.00 1,916.64 1,200.00 - 955.00 55.68% Staff Support 9,495.00 3,029.22 3,823.73 5,298.48 270.00 3,926.52 58.65% Professional Sevices 31,970.00 - 24,255.00 16,005.00 - 15,965.00 50.06% Operating Equipment 3,770.00 - 112.23 - - 3,770.00 0.00% TOTAL FINANCE 636,539.00 136,375.64 453,382.32 442,019.01 306.51 194,21148 "69.49% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PURCHASING & ASSET MGT 810,968.00 213,646.88 579,580.25 589,215.89 - 221,752.11 Personnel Services 207,405.00 41,195.46 127,653.89 149,624.08 - 57,780.92 72.14% Supplies 1,050.00 61.13 599.96 180.57 49.88 819.55 21.95% Utility Services 250.00 98.33 107.75 193.35 56.65 77.34% Operations Support 3,150.00 53.15 26.35 53.15 564.00 2,532.85 19.59% Staff Support 6,054.00 463.87 1,825.69 2,566.61 63.95 3,423.44 43.45% City Assistance 3,000.00 251.00 1,036.00 423.00 67.00 2,510.00 16.33% Operating Equipment 546.00 545.99 - 545.99 - 0.01 100.00% Capital Outlay 29,000.00 - - - 28,058.22 941.78 96.75% TOTAL PURCHASING & ASSET MGT 250,455.00 42,668.93 131,249.64 153,586.75 28,803.05 68,065.20 72.82% FLEET SERVICE 5,000.00 - 2,210.69 3,077.95 - 1,922.05 Personnel Services 337,173.00 75,799.21 252,425.96 234,103.75 - 103,069.25 69.43% Supplies 131,500.00 51,756.13 127,340.66 114,243.56 13,061.24 4,195.20 96.81% City Support Services 6,500.00 10,29133 2,354.40 13,117.77 - (6,617.77) 201.81% Utility Services 7,000.00 3,532.10 5,298.56 6,958.86 - 41.14 99.41% Operations Support 200.00 - 59.69 - - 200.00 0.00% Staff Support 19,810.00 895.64 5,255.99 6,525.33 253.64 13,031.03 34.22% Maintenance Services 132,750.00 34,047.07 121,978.33 136,018.52 6,848.71 (10,117.23) 107.62% Operating Equipment 8,200.00 - 4,719.30 1,296.86 - 6,903.14 15.82% Capital Outlay 89,000.00 26,491.00 - 26,491.00 29,658.22 32,850.78 63.09% TOTAL FLEET SERVICE 732,133.00 202,812.48 519,432.89 538,755.65 49,821.81 143,555.54 80.39% FACILITY SERVICES Personnel Services 810,968.00 213,646.88 579,580.25 589,215.89 - 221,752.11 72.66% Supplies 110,500.00 25,459.94 75,395.31 82,776.58 5,576.53 22,146.89 79.96% City Support Services 10,219.00 - - - - 10,219.00 0.00% Utility Services 159,515.00 35,304.31 87,610.44 101,303.28 644.17 57,567.55 63.91% Operation Support - 14,675.87 - 24,734.67 10,713.00 (35,447.67) 0.00% Staff Support 14,200.00 1,299.26 8,524.23 5,231.83 397.92 8,570.25 39.65% Professional Services 48,271.36 16,173.40 - 28,364.61 3,212.60 16,694.15 65.42% Maintenance Services 204,728.64 59,679.40 265,830.86 154,731.11 9,917.60 40,079.93 80.42% Rental /Leasing 5,000.00 - 2,210.69 3,077.95 - 1,922.05 61.56% Operating Equipment 21,520.00 1,920.02 2,107.91 1,920.02 - 19,599.98 8.92% Capital Outlay 68,261.00 - 25,825.70 - 59,316.44 8,944.56 86.90% TOTAL BUILDING MAINTENANCE 1,453,18100 368,159.08 1,047,085.39 991,355.94 89,778.26 372,048.80 74.40% TOTAL INTERNAL SERVICE 5,714,689.08 1,391,906.28 3,497,369 07 3,833,469.03 344,536'.54 1?,536,683.51 73.11% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBIR BALANCE BUDGET MISC & PROJECTS CITY ASSISTANCE City's Assistance to Agencies 313,872.00 87,596.22 201,912.09 217,420.35 30,686.10 65,765.55 79.05% TOTAL CITY ASSISTANCE 313,872.00 87,596.22 201,912.09 217,420.35 30,686A0 65,765.55 79.05% COURT - RESTRICTED FUNDS Operating Equipment 21,983.00 357.00 2,535.00 19,448.00 11.53% TOTAL CITY ASSISTANCE 21,983.00 357.00 2,535.00 19,448.00 11.53% TOTAL MISC & PROJECTS 335,855,00 87,596.22 202,269.09 217,420.35 33,221.10 85,213.55 74.63% TOTAL EXPENDITURES 31,571,057.99 8,065,637.04 20,469,593.84 22,246,672.61 1,200,100.07 8,124,285.31 74.27% REVENUE OVER(UNDER) EXPEND. 23,400.44 4,617,287.31 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Taxes 000-411100 Advalorem Tax - Current 11,726,025.00 157,293.22 11,073,815.33 11,771,798.48 - (45,773.48) 100.39% 000 - 411200 Advalorem Tax - Delinquent 50,000.00 18,376.59 (10,541.57) 41,144.33 - 8,855.67 82.29% 000 - 411300 Advalorem Tax - P &I 50,000.00 20,037.26 45,082.59 71,139.17 - (21,139.17) 142.28% 000 - 411500 Sales Tax Revenue -Gen Fund 7,711,085.00 2,121,623.67 5,326,232.12 6,140,195.66 - 1,570,889.34 79.63% 000 - 411600 Bingo Tax - - 31.25 11.25 - (11.25) 0.00% 000 - 411700 Mixed Beverage Tax 44,000.00 10,879.61 32,078.53 32,786.91 - 11,213.09 74.52% TOTAL Taxes 19,581,110.00 2,328,210.35 16,466,698.25 18,057,075.80 - 1,524,034.20 92.22 %d1 Franchises 000 - 421200 Center Point /Entex Energy 67,793.07 15,522.46 54,803.19 66,037.05 - 1,756.02 97.41% 000 - 421220 City Public Service 946,887.77 264,632.34 638,697.26 706,781.81 - 240,105.96 74.64% 000 - 421240 Guadalupe Valley Elec Co -op 416,134.03 94,004.31 289,363.72 308,715.45 - 107,418.58 74.19% 000 - 421250 New Braunfels Utilities 75,393.90 20,141.10 49,586.64 50,966.69 - 24,427.21 67.60% 000 - 421300 Time Warner -State Franchise 269,019.90 56,156.97 203,935.41 199,194.64 - 69,825.26 74.04% 000 - 421460 AT &T Franchise Fee 191,123.61 45,738.84 130,062.71 95,290.55 - 95,833.06 49.86% 000 - 421480 Other Telecom Franchise 113,964.44 31,487.90 55,418.78 99,713.90 - 14,250.54 87.50% 000 - 421500 Solid Waste Franchise Fee 148,947.71 26,057.51 106,640.73 100,138.79 - 48,808.92 67.23% TOTAL Franchises 2,229,264.43 553,741.43 1,528,508.44 1,626,838.88 - 602,425.55 72.98% Permits 000 - 431100 Home Occupation Permit 500.00 70.00 490.00 490.00 - 10.00 98.00% 000 - 431205 Building Permit - Residential 573,156.00 180,158.00 468,917.50 522,865.50 - 50,290.50 91.23% 000 - 431210 Building Permit - Commercial 370,400.00 232,258.50 595,837.00 641,774.50 - (271,374.50) 173.27% 000 - 431215 Building Permit - General 150,000.00 140,025.00 148,094.00 219,748.00 - (69,748.00) 146.50% 000 - 431300 Mobile Home Permit 300.00 200.00 225.00 250.00 - 50.00 83.33% 000 - 431400 Signs Permit 6,000.00 1,280.00 3,930.00 3,579.00 - 2,421.00 59.65% 000 - 431500 Food Establishmnt Permit 60,000.00 1,025.00 57,890.00 57,890.00 - 2,110.00 96.48% 000 - 431600 Garage Sale Permit 10,500.00 - 7,024.00 2,135.00 - 8,365.00 20.33% 000 - 431700 Plumbing Permit 121,000.00 42,843.25 103,712.00 125,972.95 - (4,972.95) 104.11% 000 - 431750 Electrical Permit 61,000.00 24,060.00 53,320.00 61,840.00 - (840.00) 101.38% 000 - 431800 Mechanical Permit 62,000.00 21,660.00 51,240.00 57,220.00 - 4,780.00 92.29% 000 - 431900 Solicitor /Peddler Permit 1,500.00 1,500.00 1,004.50 1,910.00 - (410.00) 127.33% 000 - 431950 Animal/Pet Permit 1,000.00 - 215.00 90.00 - 910.00 9.00% 000 - 432000 Cert. of Occupancy Prmt 7,000.00 1,450.00 5,250.00 4,550.00 - 2,450.00 65.00% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET 000 - 432100 Security Alarm Permit 36,000.00 15,572.00 30,596.00 36,088.00 - (88.00) 100.24% 000 - 432300 Grading /Clearing Permit 7,000.00 6,481.36 5,900.00 12,641.72 - (5,641.72) 180.60% 000 - 432400 Development Permit 81,000.00 6,063.80 14,456.35 23,554.48 57,445.52 29.08% 000 - 435000 Fire Permit 25,000.00 8,699.48 21,525.00 27,223.48 - (2,223.48) 108.89% 000 - 436010 Network Nodes - - - 1,750.00 - (1,750.00) 0.00% TOTAL Permits 1,573,356.00 683,346.39 1;569,62635 1,801,572.63 - (228,216.63) 114.5% Licenses 000 - 441000 Alcohol Beverage License 8,000.00 1,890.00 6,110.00 5,515.00 - 2,485.00 68.94% 000 - 441300 Mobile Home License 160.00 40.00 160.00 80.00 - 80.00 50.00% 000 - 442000 Contractors License 40,000.00 25,510.00 42,450.00 51,360.00 - (11,360.00) 128.40% 000 - 444000 Pet License 3,000.00 490.00 2,535.00 1,975.00 - 1,025.00 65.83% TOTAL Licenses 51,160`00 27,930.00 51,255.00 58,930.00 - (7,770.00) 115.19% Fees 000 - 451000 Municipal Court Fines 682,252.00 170,206.85 607,028.82 460,672.85 - 221,579.15 67.52% 000 - 451100 Arrest Fee 21,714.00 6,548.65 21,366.42 16,467.07 - 5,246.93 75.84% 000 - 451110 Expunction Fee 120.00 - 90.00 - - 120.00 0.00% 000 - 451200 Warrant Fees 124,000.00 18,214.50 83,763.88 58,742.81 - 65,257.19 47.37% 000 - 451210 Court - Claims & Judgements - 806.10 (461.40) 806.10 - (806.10) 0.00% 000 - 451340 Judicial Fee - City 3,152.00 865.15 2,957.80 2,253.07 - 898.93 71.48% 000 - 451400 Traffic Fine Costs TTL 10,265.00 2,938.57 10,151.91 7,557.48 - 2,707.52 73.62% 000 - 451510 Juvenile Case Mgmt Fee 26,352.00 7,229.72 24,683.95 18,826.52 - 7,525.48 71.44% 000 - 451520 Truancy Fee 4,464.00 1,221.02 4,340.76 3,237.96 1,226.04 72.53% 000 - 451600 Technology Fund Fee 21,983.00 5,850.39 19,848.62 15,068.61 - 6,914.39 68.55% 000 - 451700 Security Fee 15,817.00 4,387.81 14,886.48 11,396.40 - 4,420.60 72.05% 000 - 451800 Time Payment Fee - City 9,689.00 1,093.80 5,012.05 3,858.78 - 5,830.22 39.83% 000 - 451850 State Fines 10% Service Fee 20,488.00 7,089.26 29,228.42 21,475.76 - (987.76) 104.82% 000 - 451900 DPS Payment - Local 8,829.00 1,400.00 6,198.14 4,625.21 - 4,203.79 52.39% 000 - 452000 Child Safety Fee 3,810.00 2,744.46 2,913.48 4,944.11 - (1,134.11) 129.77% 000 - 452100 Platting Fees 62,000.00 18,500.00 52,500.00 39,750.00 - 22,250.00 64.11% 000 - 452200 Site Plan Fee 43,500.00 6,000.00 24,500.00 32,500.00 - 11,000.00 74.71% 000 - 452300 Plan Check Fee 463,261.00 237,485.50 602,583.00 654,895.50 - (191,634.50) 141.37% 000 - 452320 Tree Mitigation Admin Fee 20,000.00 12,275.10 10,352.70 17,368.50 - 2,631.50 86.84% 000 - 452400 BOA/Zoning Fees 5,000.00 1,277.64 2,610.51 3,277.64 - 1,722.36 65.55% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET 000 - 452600 Specific Use /Zone Chng Fee 14,300.00 1,150.00 15,000.00 20,450.00 - (6,150.00) 143.01% 000 - 452710 Zoning Ltr & Dev Rights 1,200.00 450.00 2,250.00 1,200.00 - - 100.00% 000 - 453100 Reinspection Fees 90,000.00 50,525.00 84,125.00 114,600.00 - (24,600.00) 127.33% 000 - 453110 Swim Pool Inspection Fee 2,600.00 2,620.00 1,760.00 2,620.00 - (20.00) 100.77% 000 - 453200 Lot Abatement 5,000.00 475.00 1,325.50 1,615.00 - 3,385.00 32.30% 000 - 453211 Admin Fee - Inspections 10,400.00 10,200.00 10,800.00 21,600.00 - (11,200.00) 207.69% 000 - 453310 Misc Inspection Fee - 1,213.00 - 3,213.00 - (3,213.00) 0.00% 000 - 453710 Foster Care 1,000.00 400.00 900.00 850.00 - 150.00 85.00% 000 - 454200 Pool Gate Admission Fee 24,000.00 6,881.00 9,020.00 6,881.00 - 17,119.00 28.67% 000 - 454300 Seasonal Pool Pass Fee 5,000.00 3,510.00 5,144.00 3,510.00 - 1,490.00 70.20% 000 - 456120 Senior Center Meal Fee - 401.00 401.00 802.00 - (802.00) 0.00% 000 - 456500 Haz Mat Fees 5,000.00 - 400.00 - - 5,000.00 0.00% 000 - 456600 Fire Re- inspection Fee 1,000.00 445.00 900.00 895.00 - 105.00 89.50% 000 - 456600 Sale of General Fixed Asset - - - 19,251.61 - (19,251.61) 0.00% 000 - 458110 Sale of Merchandise- GovDeal 40,000.00 3,842.89 25,904.77 34,628.95 - 5,371.05 86.57% 000 - 458300 Sale of Property /Auction 3,000.00 - - - - 3,000.00 0.00% 000 - 458400 Civic Center Rental Fees 200,000.00 49,745.50 147,129.00 152,579.50 - 47,420.50 76.29% 000 - 458401 Capital Recovery Fee -Civic Cntr 10,000.00 4,125.00 12,335.00 6,245.00 - 3,755.00 62.45% 000 - 458450 North Center Rental Fees 18,500.00 7,900.00 18,412.50 19,735.00 (1,235.00) 106.68% 000 - 458460 Senior Center Rental 15,000.00 2,500.00 8,100.00 2,500.00 - 12,500.00 16.67% 000 - 458500 Community Center Rental Fees 25,000.00 11,354.00 23,335.50 31,659.50 - (6,659.50) 126.64% 000 - 458550 Pavilion Rental Fees 20,000.00 7,835.00 14,150.50 15,597.50 - 4,402.50 77.99% 000 - 458560 Chamber of Comm rent 7,800.00 1,950.00 5,850.00 5,850.00 - 1,950.00 75.00% 000 - 458570 Non - Resident SYSA League 10,000.00 - - 13,080.00 - (3,080.00) 130.80% 000 - 458650 NonResident User Fee -BVYA 10,000.00 6,090.00 1,506.00 9,090.00 - 910.00 90.90% 000 - 458660 BVYA Utility Reimbursement 15,000.00 13,295.98 17,985.79 13,295.98 - 1,704.02 88.64% 000 - 458670 SYSA Utility Reimbursement - 2,882.29 - 5,464.58 - (5,464.58) 0.00% 000 - 458675 Lions Futbol Utility Reimbursement 10,000.00 - 5,860.00 2,344.00 - 7,656.00 23.44% 000 - 458700 Vehicle Impoundment 10,000.00 2,400.00 7,330.00 8,070.00 - 1,930.00 80.70% 000 - 459200 NSF Check Fee 250.00 25.00 50.00 25.00 - 225.00 10.00% 000 - 459300 Notary Fee 250.00 12.00 108.00 90.00 - 160.00 36.00% 000 - 459400 Maps, Copies, UDC, & Misc F 250.00 15.00 5.00 25.00 - 225.00 10.00% 000 - 459600 Animal Adoption Fee 12,500.00 5,736.90 14,965.00 12,912.90 - (412.90) 103.30% 000 - 459700 Pet Impoundment Fee 7,000.00 1,115.00 4,927.50 4,797.20 - 2,202.80 68.53% 000 - 459800 Police Reports Fee 5,800.00 1,453.00 4,523.40 4,385.50 - 1,414.50 75.61% TOTAL Fees 2,126,546.00 706,682.08 1;969,059:00 1,917,587.59 - 208,958.41 90.17% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Fines 000 - 463000 Library Fines 20,000.00 4,824.76 17,606.54 16,788.84 - 3,211.16 83.94% TOTAL Fines 20,000.00 4,824.76 17,606.54 16,788.84 - 3,211`.16 83.94% Inter - Jurisdictional 000 - 473100 Bexar Co - Fire 21,077.00 - 21,077.76 21,077.76 - (0.76) 100.00% 000 - 473200 City of Seguin - Fire Contract 29,231.00 9,743.60 21,923.10 21,923.10 - 7,307.90 75.00% 000 - 473300 Guad Co - Library 218,000.00 18,096.00 162,864.00 144,768.00 - 73,232.00 66.41% 000 - 473400 Randolph AFB - Animal Cntrl 1,200.00 - 500.00 200.00 - 1,000.00 16.67% 000 - 474200 Library Services - Cibolo 35,000.00 - - 35,001.50 - (1.50) 100.00% 000 - 474210 Library Services -Selma 20,000.00 - - 21,750.00 - (1,750.00) 108.75% 000 - 474400 Dispatch Service - Cibolo 166,000.00 120,000.00 120,000.00 120,000.00 - 46,000.00 72.29% 000 - 474600 School Crossing Guard - Bexar 38,000.00 14,711.56 30,942.65 33,059.39 - 4,940.61 87.00% 000 - 474610 School Cross Guard - Guadalupe 38,000.00 15,405.72 28,561.61 33,361.59 - 4,638.41 87.79% 000 - 474620 School Crossing Guard -Coma) 1,500.00 - - - - 1,500.00 0.00% 000 - 474700 School Officer Funding 255,000.00 - 127,500.00 127,500.00 - 127,500.00 50.00% 000 - 474750 Crime Victim Liaison Agreement 50,000.00 10.00 37,500.00 18,760.00 - 31,240.00 37.52% TOTAL Inter - Jurisdictional 873,008.00 177,966.88 550,869:12 577,401.34 - 295,606.66 66.14 %' Fund Transfers 000 - 480000 Indirect Costs - EMS 170,087.00 42,521.76 112,565.25 127,565.16 - 42,521.84 75.00% 000 - 480100 Indirect Costs - Hotel /Motel 67,605.00 16,601.25 49,803.75 49,803.75 - 17,801.25 73.67% 000 - 481000 Transfer In Reserves 1,473,564.00 - - - - 1,473,564.00 0.00% 000 - 485000 Interfund Charge- Drainage 271,430.00 67,857.51 138,318.75 203,572.41 - 67,857.59 75.00% 000 - 486000 Interfund Chrges -Admin W &S 1,344,140.00 336,035.01 890,109.00 1,008,104.91 - 336,035.09 75.00% 000 - 487000 Interfund Charges -Fleet 344,026.00 85,811.25 298,185.75 258,214.75 - 85,811.25 75.06% 000 - 488000 Interfund Charges -413 441,395.00 - 322,833.74 441,395.00 - - 100.00% 000 - 489000 Transfer In 107,367.00 - - - - 107,367.00 0.00% 000 - 489620 Contribution - SEDC 265,000.00 - - - - 265,000.00 0.00% TOTAL Fund Transfers 4,484,614.00 548,826.78 1;811,816:24 2,088,655.98 - 2,395,958.02 46.57% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Miscellaneous 000 - 491000 Interest Earned 1,500.00 7,949.65 716.76 21,003.29 - (19,503.29) 1400.22% 000 - 491200 Investment Income 150,000.00 77,938.16 100,963.52 167,013.00 - (17,013.00) 111.34% 000 - 491800 Gain /Loss - (11,351.34) (1,049.53) (16,041.86) - 16,041.86 0.00% 000 - 491900 Unrealized Gain /Loss (30,000.00) 9,461.42 (9,220.99) (8.73) - (29,991.27) 0.00% 000 - 493000 Donations - Others - 20.00 - 20.00 - (20.00) 0.00% 000 - 493120 Donations - Public Library 2,500.00 865.36 3,996.65 5,831.16 - (3,331.16) 233.25% 000 - 493400 Donation - Animal Control 15,000.00 2,020.80 13,287.27 12,295.67 - 2,704.33 81.97% 000 - 493401 Donations -A/C Microchip 1,000.00 135.00 250.00 495.00 - 505.00 49.50% 000 - 493402 Donations - Spay &Neuter 1,000.00 - 810.00 87.00 - 913.00 8.70% 000 - 493403 Donations - Animal Adoption Trailer - - 552.29 - - - 0.00% 000 - 493404 Donations -TNR Program 500.00 - - - - 500.00 0.00% 000 - 493460 Donations -Parks - 2,825.00 13,741.09 10,825.00 - (10,825.00) 0.00% 000 - 493465 Donations - Senior Center - 3,064.65 8,066.72 8,232.55 - (8,232.55) 0.00% 000 - 493502 Donations -PD - 28,599.00 5,234.25 28,599.00 - (28,599.00) 0.00% 000 - 493503 Donations -Fire Rescue - 5,000.00 21.00 15,350.00 - (15,350.00) 0.00% 000 - 494481 LawEnforcemtOfficersStnd &Ed 3,650.00 - 3,679.47 3,823.43 - (173.43) 104.75% 000 - 494482 Grants - Police, Fire, Gen Fund 5,000.00 (1,496.33) 4,892.03 1,473.67 - 3,526.33 29.47% 000 - 495100 Mobile Stage Rental Fees - 1,550.00 1,550.00 2,100.00 - (2,100.00) 0.00% 000 - 497000 Misc Income -Gen Fund 30,000.00 10,129.17 12,736.38 68,675.34 - (38,675.34) 228.92% 000 - 497005 Schertz Magazine Advertising 195,000.00 43,570.00 145,525.00 108,055.00 - 86,945.00 55.41% 000 - 497100 Misc Income - Police 18,500.00 2,278.39 16,677.96 4,367.10 - 14,132.90 23.61% 000 - 497150 Misc Income -Fire Department - 1,345.11 1,750.00 1,345.11 - (1,345.11) 0.00% 000 - 497200 Misc Income - Library 5,000.00 1,385.61 3,661.60 3,855.20 - 1,144.80 77.10% 000 - 497210 Misc Income - Library Copier 18,000.00 4,974.55 13,253.10 14,220.15 - 3,779.85 79.00% 000 - 497300 Misc Income - Animal Control - - 390.00 298.75 - (298.75) 0.00% 000 - 497400 Misc Income - Streets Dept. 60,000.00 10,367.87 47,596.30 22,063.97 - 37,936.03 36.77% 000 - 497500 Misc Income -TML Insurance 10,000.00 - 9,252.06 33,050.83 - (23,050.83) 330.51% 000 - 497550 Misc Income -TML Reimbursemt 20,000.00 843.34 10,866.33 1,471.48 - 18,528.52 7.36% 000 - 497600 Misc Income - Vending Mach. 2,500.00 861.76 1,495.39 1,786.33 - 713.67 71.45% 000 - 497610 Misc Income- Muni Court - - - 2,036.40 - (2,036.40) 0.00% 000 - 498000 Reimbursmnt -Gen Fund 35,000.00 6,715.77 19,484.63 8,355.21 - 26,644.79 23.87% 000 - 498100 Reimbursmnt Fire - Training 500.00 - 7.00 - - 500.00 0.00% 000 - 498105 Reimburmnt Police - DEA 5,000.00 2,628.61 5,763.94 2,628.61 - 2,371.39 52.57% 000 - 498110 Reimbursmnt Fire - Emg. Acti -O 100,000.00 - 3,267.16 179,445.81 - (79,445.81) 179.45% 000 - 498150 Reimbursemnt - Library 5,750.00 - 4,673.27 6,355.39 - (605.39) 110.53% TOTAL Miscellaneous 655,400.00 211,681.55 443,890.65 719,108.86 - (63,708.86) 109.72 %' TOTAL REVENUES 31,594,458.43 5,243,210.22 24,409,329.59 26,863,959.92 - 4,730,498.51 85.03 %' GENERALFUND CASH IN BANK AND INVESTMENTS AS OF: June 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 843,754.50 Cash in Investments LOGIC Investment - General Fund 12,474,571.95 LOGIC Investment -Equip Replacement 75,775.25 LOGIC Investment -Veh Replacement 510,935.17 LOGIC Investment -Air Condi Replacment 278,054.95 CAPITAL ONE Investment - General Fund 1,367,159.86 Total Cash in Bank & Investments $15,696,833.52 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP F, 2017-18 100,310 505,909 5,577,660 3,375,990 1,936,953 117,684 82,856 52,620 21,817 or 2016-17 2015-16 419,931 -------- 360,300 328,521 --------- -------- 303,202 5,447,189 4,754,503 2,515,077 3,709,486 2,106,927 888,174 120,850 211,253 42,362 50,559 34,666 54,867 58,291 ----------- 27,116 24,344 ---------- 21,347 16,511 10,866 13,700 - --------- 8,696 2014-15 357,436 356,940 4,463,962 2,741,991 1,198,153 85,775 44,720 25,398 30,488 49,777 14,839 3,787 2013-14 363,589 538,568 3,641,091 2,726,044 585,058 72,116 16,554 48,791 18,572 20,939 10,460 7,446 Sales Tax - General Fund CITY PUBLIC SERVICE OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP - - - - - -- 2017 -18 271,335 - - - - - -- -- - - - - -- -------- - - - - -- 280,083 -- - - - - -- - -- - - -- -- - - - - -- - - - - - - -- -- - - - - -- - - - ------------------------ - -- ---- - - - - -j 213,511 2016 -17 252,947 191,140 213,951 259,517 2015 -16 237,314 183,530 173,336 178,081 2014-15 215,257 172,814 172,628 227,438 CITY O F S C H E R TZ REVENUE AND EXPENSE REPORT (UNAUD|TED) AS OF: JUNE 3O.2O18 2017'301D 106-SPECkuL EVENTS FUND CURRENT CURRENT PRIOR CURRENT Yq-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y�-DACTUAL Yq-DACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fund Transfers 73.000.00 - - - - 73.800.00 0.00% Miscellaneous _86,400J00 26,826/K9 7339303 6072792 �_ 35,6/72U}8 63.00% TOTALREVENUES 170,20000 26,826.49 73,393.03 60,727.92 109,472.08 35,68% EXPENDITURE SUMMARY CULTURAL Festival ofAngels 13.000.00 10.912.90 10.566.23 2,433.77 81.28% Employee Appreciation Event 13.000.00 2.090.12 10.33872 12.003.97 - 880.03 92.34% 4th uf July Jubilee 20.000.00 42.88 4.212.50 142.88 19.810.10 0.040.80 70.74% National Night Out 400.00 - - - - 400.00 0.00% VVi|onohik Walk for Life 20.000.00 824.00 12.620.00 3.408.68 310.00 10.280.32 18.60% Schertz Fest 30.000.00 33.98 35.00 853.98 240.00 29.100.02 2.98% SohoUzSwmotheart 31.250.00 6.621.80 13.431.04 12.482.01 3.008.04 15.758.35 48.57% Hal Baldwin Scholarship 15.050.00 5.000.00 14.047.17 13.537.61 7.00 1.505.39 80D0% Other Events _21,500/00 __10,365.33 750752 1071508 ____1.00 __4783.31 77.75% TOTAL CULTURAL 170,200.00 25,084.21 73,165.45 69,512.05 23,377.80 77,310.15 54.58% TOTAL EXPENDITURES 170,200.00 25,084.21 73,165.45 69,512.05 23,377.80 77,310.15 54.58% REVENUE OVER(UNDER) EXPEND - 1,742.28 227.58 A-7 8 �41 3 32,161.93 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 106 - SPECIAL EVENTS FUND CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fund Transfers 000 - 486100 Transfer In 9,000.00 - - - - 9,000.00 0.00% 000 - 486101 Transfer In - General Fund 64,800.00 - - - - 64,800.00 0.00% TOTAL Fund Transfers 73`,800.00 - - - - 73,800.00 0.00 %? Miscellaneous 000 - 491200 Investment Income 150.00 88.30 12103 214.73 - (64.73) 143.15% 000 - 492200 Wilenchik Walk for Life 20,000.00 (40.00) 12,620.00 10,525.00 - 9,475.00 52.63% 000 - 493256 Donations - Police Events 3,000.00 - - - - 3,000.00 0.00% 000 - 493000 July 4th Activities 26,000.00 22,125.00 26,565.00 22,125.00 - 3,875.00 85.10% 000 - 493150 SchertzQ 30,000.00 - - 200.00 - 29,800.00 0.67% 000 - 493455 Proceeds - Festival of Angels 700.00 - 5,615.00 1,305.00 - (605.00) 186.43% 000 - 493460 Schertz Sweetheart 1,500.00 (20.81) 1,705.00 (20.81) - 1,520.81 -1.39% 000 - 493470 Moving on Main 680.00 - 680.00 000 - 493621 Hal Baldwin Scholarship 15,050.00 - 25,765.00 20,105.00 - (5,055.00) 133.59% 000 - 497000 Misc Income - 3,994.00 1,000.00 5,594.00 - (5,594.00) 0.00% TOTAL Miscellaneous 96,400.00 26,826.49 73,393.03 60,727.92 - 35,672.08 63.00 %1 TOTAL REVENUES 170,200.00 26,826.49 '' 73,393.03 60,727.92 - 109,472.08 35.68 %'s SPECIAL EVENTS FUND CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 58,460.91 Cash in Investments Texas Class- Special Events 17,281.07 Total Cash in Bank & Investments $ 75,741.98 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 110 -PEG FUND CURRENT CURRENT PRIOR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 93,300.00 - 67,771.31 21,430.96 - 71,869.04 22.97% Fund Transfers 106,700.00 - - - - 106,700.00 0.00% TOTAL REVENUES 200,000.00 - 67,771.31 21,430:96 - 178,569.04 10.72 %'i EXPENDITURE SUMMARY Ce3k1:1Y_�SeZi .ITT Non Departmental 200,000.00 - - - - 200,000.00 0.00% TOTAL GENERAL GOVERNMENT 200,000.00 - - - - 200,000.00 0.00% MISC & PROJECTS Projects - - 449.00 - - - 0.00% TOTAL MISC & PROJECTS - - 449.00`' - - 0.00% TOTAL EXPENDITURES 200,000.00 - 449.00 - 200,000.00 0.00% REVENUE OVER(UNDER) EXPEND - - 67,322.31 21,430.96 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 k****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 110 -PEG FUND CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Franchises 000 - 421350 Time Warner - PEG Fee 55,000.00 - 39,887.09 14,010.64 - 40,989.36 25.47% 000 - 421465 AT &T PEG Fee 38,300.00 - 27,884.22 7,420.32 - 30,879.68 19.37% TOTAL Franchises 93,300.00 - 67,771:31 21,430.96 71,869.04 22.97% Fund Transfers 000 - 481000 Transfer In - Reserves 106,700.00 - - - - 106,700.00 0.00% TOTAL Fund Transfers 106,700.00 - - - = 106,700.00 0.00% TOTAL REVENUES 200,000.00 - 67,771.31 21,430.96 - 178,569.04 10.72 %> PEG FUND CASH IN BANK AND INVESTMENTS AS OF: June 30, 2018 Cash in Bank Cash Balance $ 638,506.06 Total Cash in Bank & Investments $ 638,506.06 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8 * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 238,260.00 141,743.07 197,221.80 212,931 - 25,328.85 89.37% Permits - - 49,563.52 - - - 0.00% Fees 22,013,250.00 5,774,582.28 15,592,431.39 16,723,833 - 5,289,417.49 75.97% Fund Transfers 194,546.00 35,377.50 102,690.00 106,133 - 88,413.50 54.55% Miscellaneous 206,614.00 75,088.85 421,102.08 223,061 - (16,446.58) 107.96% TOTAL REVENUES 22,652,670.00 6,026,791.70 16,363,008.79 17,265,956.74 - ; 5,386,713.26 76.22% *14 =041 k911111:1411.011MAT A WA BUSINESS OFFICE Personnel Services 480,038.00 119,364.84 318,324.06 346,189.06 - 133,848.94 72.12% Supplies 3,800.00 965.73 467.96 1,501.23 239.62 2,059.15 45.81% Human Services 400.00 - 203.00 - - 400.00 0.00% City Support Services 2,273.00 - 27.50 - - 2,273.00 0.00% Utility Services 900.00 341.27 391.64 750.65 85.40 63.95 92.89% Operations Support 156,300.00 47,283.70 83,999.67 107,682.12 0.99 48,616.89 68.90% Staff Support 6,970.00 1,57736 2,498.34 2,184.21 847.46 3,938.33 43.50% Professional Services 120,000.00 60,434.80 97,924.44 151,675.14 1,040.00 (32,715.14) 127.26% Maintenance Services 8,040.00 840.00 4,860.00 4,860.00 2,200.00 980.00 87.81% Operating Equipment 3,607.00 139.99 - 3,656.94 - (49.94) 101.38% TOTAL BUSINESS OFFICE 782,328.00 230,947.69 508,696.61 618,499.35 4,41'3.47 159,415.18 ` 79:62% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2018 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8 * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET W & S ADMINISTRATION Personnel Services 1,382,056.36 327,699.62 785,659.53 913,816.58 - 468,239.78 66.12% Supplies 217,500.00 35,664.99 132,583.23 129,687.81 (17,903.75) 105,715.94 51.39% Human Services 600.00 - 539.00 - - 600.00 0.00% City Support Services 80,500.00 13,546.58 64,271.87 59,227.78 - 21,272.22 73.57% Utility Services 3,522,329.00 898,418.47 2,212,190.79 2,396,639.28 299.47 1,125,390.25 68.05% Operations Support 11,600.00 1,826.13 4,002.06 4,542.20 - 7,057.80 39.16% Staff Support 29,250.00 4,905.13 13,992.74 19,914.82 743.10 8,592.08 70.63% City Assistance 1,500.00 111.00 1,337.00 111.00 - 1,389.00 7.40% Professional Services 368.00 90,319.16 210,894.36 223,289.14 3,853.54 (226,774.68) # # # # # # ## Fund Charges /Transfers 5,092,110.00 839,329.29 3,529,188.73 4,046,556.09 - 1,045,553.91 79.47% Maintenance Services 8,609,240.00 1,662,891.45 5,434,511.62 5,315,601.90 537,729.28 2,755,908.82 67.99% Other Costs 37,500.00 10.00 36,605.45 36,615.45 - 884.55 97.64% Debt Service 1,626,779.00 - 743,932.97 738,634.30 58,381.25 829,763.45 48.99% Rental- Leasing 124,500.00 - 23,501.89 2,782.95 - 121,717.05 2.24% Operating Equipment 9,000.00 799.94 515.00 826.79 3,203.15 4,970.06 4438% Capital Outlay 397,877.64 - - - 397,477.64 400.00 99.90% TOTAL PUBLIC WORKS 21,142,710.00 3,875;521.76 13,193,726.24 13,888,246.09 983,783.68 6,270;680.23 70.34% 8I6Y01? 1=00111x4 < PROJECTS Operations Support 965.00 - 964.26 - 0.74 99.92% Professional Services 53,802.00 3,086.25 24,480.00 8,457.50 6,172.50 39,172.00 27.19% Maintenance Services 820,037.00 161,619.75 - 391,537.00 - 428,500.00 47.75% TOTAL PROJECTS 874;804.00 '' 164,706.00 24,480.00 400,958.76 6,172.50 467;672.74 46.54°%' SEWER PROJECT Professional Services 360,000.00 - - - - 360,000.00 0.00% TOTAL SEWER PROJECTS 360,000.00 - - - - 360,000.00 0.00 %' TOTAL MISC & PROJECTS 1,234,804.00 164,706 24,480 400,959 6`,173 827,673 32.97 %' TOTAL EXPENDITURES 23,159,842.00 4,271,175.45 13,726,902.85 14,907,704.20 994,369.65 7,257;768.15 ; 68.66% " REVENUE OVER(UNDER)EXPENSES ** (507,172.00) 1,755,616.25 's 2,636,105.94 2,358,252.54 (994,369.65) (1,871,054.89); 202 -WATER & SEWER REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8*********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Franchises 000 - 421490 Tower Leasing 238,260.00 141,743.07 197,221.80 212,931.15 - 25,328.85 89.37% TOTAL Franchises 238,260.00 141,743.07 197,221.80 212,931.15 - 25,328.85 89.37 %' Permits 000 - 432400 Development Permit - - 49,563.52 - - - 0.00% TOTAL Permits - - 49,563.52 - - - 0.00% Fees 000 - 455200 Garbage Collection Fee 4,850,000.00 1,271,755.63 3,450,025.96 3,666,297.08 - 1,183,702.92 75.59% 000 - 455500 Water & Sewer Transfer Fee - (10.00) - (10.00) - 10.00 0.00% 000 - 455600 Fire Line Fees 31,000.00 - 29,540.00 29,015.00 - 1,985.00 93.60% 000 - 455700 Recycle Fee Revenue 309,750.00 75,308.63 220,829.71 227,885.96 - 81,864.04 73.57% 000 - 455800 W &S Line Constructn Reimbursemnt 20,000.00 10,829.78 26,175.60 28,379.57 - (8,379.57) 141.90% 000 - 457100 Sale of Water 9,825,000.00 2,656,039.04 6,733,966.66 7,387,177.45 - 2,437,822.55 75.19% 000 - 457110 Edwards Water Lease 125,000.00 - 125,531.25 28,172.25 - 96,827.75 22.54% 000 - 457120 Water Transfer Charge -Selma 50,000.00 6,232.51 24,641.14 6,232.51 - 43,767.49 12.47% 000 - 457200 Sale of Meters 80,000.00 41,066.20 83,574.62 115,295.03 - (35,295.03) 144.12% 000 - 457400 Sewer Charges 6,500,000.00 1,653,314.57 4,715,960.06 5,035,622.96 - 1,464,377.04 77.47% 000 - 457500 Water Penalties 220,000.00 59,470.92 180,336.39 197,564.70 - 22,435.30 89.80% 000 - 459200 NSF Check Fee -Water &Sewer 2,500.00 575.00 1,850.00 2,200.00 - 300.00 88.00% TOTAL Fees 22,013,250.00 5,774,582.28 15;592,431.39 16,723,832.51 - 5,289,417.49 75.97% Fund Transfers 000 - 481000 Transfer In- Reserve 53,036.00 - - - - 53,036.00 0.00% 000 - 486204 Interfnd Chrg- Drainage Bill 141,510.00 35,377.50 102,690.00 106,132.50 - 35,377.50 75.00% TOTAL Fund Transfers 194,546.00 35,377.50 >102,690.00 106,132.50 - 88,413.50 54.55 %! CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: June 30, 2018 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8*********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Miscellaneous 000 - 490000 Misc Charges 500.00 2,805.00 279,951.71 8,392.00 - (7,892.00) 1678.40% 000 - 491000 Interest Earned 1,500.00 10,961.07 895.75 22,380.68 - (20,880.68) 1492.05% 000 - 491200 Investment Income 60,000.00 31,512.77 39,593.41 91,546.16 - (31,546.16) 152.58% 000 - 496000 Water Construction Reserve - - - 1.00 - (1.00) 0.00% 000 - 497000 Misc Income -W &S 15,000.00 885.28 10,417.19 2,730.99 - 12,269.01 18.21% 000 - 498110 Reimbursement -SSLGC 129,614.00 28,923.73 90,244.02 98,008.75 - 31,605.25 75.62% 000 - 498200 Reimbursement- W &S Project - 1.00 - 1.00 - (1.00) 0.00% TOTAL Miscellaneous 206,614.00 75,088.85 421,102.08 223,060.58 - (16,446.58) 107.96% TOTAL REVENUES 22,652,670.00 6,026,791.70 16,363,008.79 1'7,265,956.74 5,386,713.26 76.22 %! WATER & SEWER CASH IN BANK AND INVESTMENTS AS OF: June 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 1,488,053.00 Cash in Investments Lone Star Investment -Water &Sewer 6,739,048.54 Lone Star Investment -W &S Customer Deposits 303,781.97 Lone Star Investment -W &S Equip Replacement 182,648.01 Lone Star Investment -W &S Veh Replacement 263,851.63 Schertz Bank & Trust - Certificate of Deposit 1,096,110.74 $ 8,585,440.89 Total Cash in Bank & Investments $10,073,493.89 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 203 -EMS CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 6,122,000.00 1,042,252.68 4,386,113.98 3,555,513.12 - 2,566,486.88 58.08% Inter - Jurisdictional 2,780,862.72 1,037,933.07 2,272,356.81 3,002,588.84 - (221,726.12) 107.97% Fund Transfers - - 550,000.00 - - 0.00% Miscellaneous 117,850.00 (5,306.79) 194,852.73 120,543.12 (2,693.12) 102.29% TOTAL REVENUES 9,020,712.72 2,074,878.96 7,403,323.52 6,678,645.08 ' 2,342,067.64 74.04% EXPENDITURE SUMMARY PUBLIC SAFETY SCHERTZ EMS Personnel Services 4,244,739.00 1,038,364.02 2,803,228.62 3,060,046.39 - 1,184,692.61 72.09% Supplies 410,850.00 92,253.42 319,026.24 279,912.50 35,896.20 95,041.30 76.87% Human Services - - 651.00 - - - 0.00% City Support Services 104,100.00 2,200.00 51,475.20 47,413.10 597.00 56,089.90 46.12% Utility Services 118,000.00 30,746.52 75,620.66 79,738.00 200.46 38,061.54 67.74% Operations Support 74,620.00 12,723.27 45,830.12 43,629.05 197.30 30,793.65 58.73% Staff Support 70,750.00 17,358.54 39,654.31 39,642.17 4,965.89 26,141.94 63.05% City Assistance 568,866.81 101,298.18 375,507.47 376,251.55 46,414.15 146,201.11 74.30% Professional Services 168,200.00 25,664.43 77,240.89 73,439.10 10,004.68 84,756.22 49.61% Fund Charges /Transfers 2,656,827.00 355,246.55 1,942,656.17 1,709,671.42 - 947,155.58 64.35% Maintenance Services 12,000.00 1,920.00 16,010.04 6,720.00 1,259.00 4,021.00 66.49% Debt Service 288,120.00 - 5,648.72 115,788.13 6,600.00 165,731.87 42.48% Rental- Leasing 141,000.00 17,385.21 52,735.14 119,328.62 17,385.21 4,286.17 96.96% Operating Equipment 119,100.00 19,422.26 11,860.70 30,273.74 12,804.84 76,021.42 36.17% Capital Outlay 30,000.00 605,731.76 34,510.00 605,731.76 - (575,731.76) 2019.11% TOTAL PUBLIC SAFETY 9,007,172.81 2,320,314.16 5,851,655.28 - 6,587;585.53 136,324.73 2,283,262.55 74.65% TOTAL EXPENDITURES 9,007,172.81 2,320,314.16 5,851;655.28 6,587;585.53 136,324.73 2,283,262.55 74.65% — REVENUE OVER(UNDER) EXPENSES ** 13,539.91 (245,435.20) 1,551,668.24 91,059.55 '; (136;324.73) 58,805.09 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 203 -EMS CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 456100 Ambulance /Mileage Transport 5,866,200.00 998,893.16 4,157,433.20 3,327,848.13 - 2,538,351.87 56.73% 000 - 456110 Subscription Program Fees 30,000.00 1,290.00 24,740.00 24,775.00 - 5,225.00 82.58% 000 - 456120 EMT Class - Fees 96,000.00 14,400.00 65,123.00 65,465.00 - 30,535.00 68.19% 000 - 456122 CE Class - Fees 22,800.00 2,705.00 14,225.00 21,087.52 - 1,712.48 92.49% 000 - 456130 Immunization Fees 7,000.00 471.36 9,138.00 3,008.17 - 3,991.83 42.97% 000 - 456140 Billing Fees - External 25,000.00 5,701.76 13,934.78 16,744.45 - 8,255.55 66.98% 000 - 456150 Standby Fees 25,000.00 2,961.75 21,848.50 28,300.70 - (3,300.70) 113.20% 000 - 456155 Community Services Support 50,000.00 11,806.69 79,621.50 60,681.19 - (10,681.19) 121.36% 000 - 456160 MIH Services - 3,180.00 - 6,660.00 - (6,660.00) 0.00% 000 - 458110 Sales of Merchandise - GovDeal - 842.96 - 842.96 - (842.96) 0.00% 000 - 459200 NSF Check Fee - - 50.00 100.00 - (100.00) 0.00% TOTAL Fees 6,122,000.00! 1,042,252.68 4,386,113.98 3,555,513.12 2,566,486.88 58.08% Inter - Jurisdictional 000 - 473500 Seguin /Guadalupe Co Support 843,577.17 210,894.51 702,981.70 984,174.38 - (140,597.21) 116.67% 000 - 474300 Cibolo Support 346,467.65 173,233.82 319,098.32 346,467.64 - 0.01 100.00% 000 - 475100 Comal Co ESD #6 112,536.60 59,664.06 106,011.73 116,812.50 - (4,275.90) 103.80% 000 - 475200 Live Oak Support 213,151.95 106,575.98 206,956.52 213,151.96 - (0.01) 100.00% 000 - 475300 Universal City Support 281,283.70 140,641.86 262,361.00 281,283.72 - (0.02) 100.00% 000 - 475400 Selma Support 111,886.35 55,943.18 106,656.08 111,886.36 - (0.01) 100.00% 000 - 475500 Schertz Support 556,325.00 278,162.50 504,083.88 556,325.00 - - 100.00% 000 - 475600 Santa Clara Support 10,447.35 5,223.68 10,354.16 10,447.36 - (0.01) 100.00% 000 - 475800 Marion Support 15,186.95 7,593.48 14,956.00 15,186.96 - (0.01) 100.00% 000 - 475910 TASPP Program 290,000.00 - 38,897.42 366,852.96 - (76,852.96) 126.50% TOTAL Inter - Jurisdictional 2,780,86212< 1,037,93107 2,272,356.81 3,002,588.84 - (221,726.12) 107.97 %` Fund Transfers 000 - 486100 Transfer In - - 550,000.00 - - - 0.00% TOTAL Fund Transfers - - 550,000.00 - - - 0.00 %` Miscellaneous 000 - 491000 Interest Earned 100.00 1,362.37 90.96 2,971.22 - (2,871.22) 2971.22% 000 - 491200 Investment Income 750.00 1,216.83 721.59 5,923.33 - (5,173.33) 789.78% 000 - 493203 Donations -EMS 2,000.00 50.00 150.00 400.00 - 1,600.00 20.00% 000 - 493205 Donations- Golf Tournament 10,000.00 17,995.00 10,060.00 18,595.00 - (8,595.00) 185.95% 000 - 495100 UH Grant Program 40,000.00 - 99,579.03 - - 40,000.00 0.00% 000 - 497000 Misc Income 25,000.00 (41,430.46) 40,566.88 47,814.80 - (22,814.80) 191.26% 000 - 497100 Recovery of Bad Debt 40,000.00 15,499.47 43,684.27 44,838.77 - (4,838.77) 112.10% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 2 0 1 7 - 2 0 1 8 203-EMS CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET TOTAL Miscellaneous 117,850.00 (5,306.79) 194,852.73 120,543.12 (2,69112) 102.29% TOTAL REVENUES 9,020,712.72 2,074,878.96 7,403,323.52 6,678,645.08 - 2,342,067.64 74.04% SCHERTZ EMS CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 297,564.31 Total Cash in Bank & Investments $ 297,564.31 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 204 - DRAINAGE CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY 391,652.00 98,282.96 266,642.54 249,384.07 - 142,267.93 Permits 3,000.00 1,360.00 2,080.00 2,820 - 180.00 94.00% Fees 1,179,250.00 283,896.82 857,149.98 867,846 - 311,404.24 73.59% Fund Transfers 1,327,327.00 - - - - 1,327,327.00 0.00% Miscellaneous 254,350.00 8,742.09 11,513.74 186,313 - 68,037.28 73.25% TOTAL REVENUES 2,763,927 00 293,998.91; 870,743.72 1,056,978.48 - 1,706,948.52', 38.24 % »r•t7i��1:��.YlJJi1�5F_131 alL:L�[*] "T701= DRAINAGE Personnel Services 391,652.00 98,282.96 266,642.54 249,384.07 - 142,267.93 63.67% Supplies 5,200.00 1,689.18 2,462.24 3,210.39 - 1,989.61 61.74% City Support Services 8,180.00 1,380.05 4,576.16 6,508.54 - 1,671.46 79.57% Utility Services 13,200.00 4,555.03 11,913.28 8,822.13 400.02 3,977.85 69.86% Operations Support 1,000.00 - - - - 1,000.00 0.00% Staff Support 6,700.00 1,733.06 4,357.77 4,441.71 - 2,258.29 66.29% City Assistance 400.00 - 287.00 98.00 - 302.00 24.50% Professional Services 117,320.00 78.00 33,350.00 8,918.00 - 108,402.00 7.60% Fund Charges/Transfers 497,295.00 124,07176 320,350.50 372,221.16 - 125,073.84 74.85% Maintenance Services - 217.77 5,356.21 1,089.91 - (1,089.91) 0.00% Other costs 200.00 - 100.00 100.00 - 100.00 50.00% Debt Service 123,225.00 5,040.40 4,093.63 - 119,131.37 3.32% Rental /Leasing 500.00 - - - 500.00 0.00% Operating Equipment 7,000.00 - 4,659.23 519.99 - 6,480.01 7.43% TOTAL DRAINAGE 1,171,872:00 232,009.81 659,09533 659,407:53 400.02 512,064.45' 56.30 %` PROJECTS City Support Services 7,354.50 - - - - 7,354.50 0.00% Operations Support 1,950.00 - - 469.00 564.00 917.00 52.97% Professional Services 180,058.50 60,306.58 44,420.00 68,426.58 109,751.92 1,880.00 98.96% Maintenance Services 1,532,061.00 128,900.00 383,955.25 1,148,105.75 25.06% TOTAL PROJECTS 1,721,424;00 189,206.58 44,420.00 452,850.83 110,315.92 1,158,25725 32.72% TOTAL EXPENDITURES 2,893,296.00 421,216.39 703,515.33 1,112,258.36 110,715.94 1,670,321.70 42.27% "* REVENUE OVER(UNDER) EXPEND ; (129,369.00) (12%,217.48) (55,279.88), CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 204 - DRAINAGE CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Permits 000 - 432400 Floodplain Permit 3,000.00 1,360.00 2,080.00 2,820.00 - 180.00 94.00% TOTAL Permits 3,000.00 1,360.00 2,080.00 2,820.00 - 180.00 94,00% Fees 000 - 457500 Drainage Penalties 10,000.00 2,482.00 7,299.53 8,682.25 - 1,317.75 86.82% 000 - 457600 Drainage Fee 1,169,250.00 281,414.82 849,850.45 859,163.51 - 310,086.49 73.48% TOTAL Fees 1,179,250.00 283,896.82 857,149.98' 867,845.76 - 311,404.24` 73.59 %' Fund Transfers 000 - 481000 Transfer In 1,327,327.00 - - - - 1,327,327.00 0.00% TOTAL Funds Transfers = 1,327,327.00 - - 1,327,327' 0.00 %< Miscellaneous 000 - 491000 Interest Earned 150.00 214.39 88.89 1,230.02 - (1,080.02) 820.01% 000 - 491200 Investment Interest 12,000.00 8,523.08 10,557.85 20,83127 - (8,831.27) 173.59% 000 - 497000 Misc Income - Drainage 242,200.00 4.62 867.00 164,251.43 - 77,948.57 67.82% TOTAL Miscellaneous 254,350.00 8,742.09 11,513.74' 186,312.72 - 68,037.28 73.25 %` TOTAL REVENUES 2,763,927.00 293,998.91 870,743.72 1,056,978.48 - 1,706';948,52 38.24 %' DRAINAGE CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 674,803.27 Cash in Investments Lone Star Investment - Drainage Maint Fund 1,001,285.43 Total Cash in Bank & Investments $ 1,676,088.70 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 314 -HOTEL TAX CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET (: ajok,l1J�al�J�i►� /e1:�'1 Taxes 550,000.00 193,639.16 339,787.96 364,536.59 - 185,463.41 66.28% Miscellaneous 13,650.00 8,178.22 7,989.39 19,176.60 - (5,526.60) 140.49% TOTAL REVENUES 563,650.00 201,81738 347,777.35 383,713.19 - 1179,936.81 68.08% EXPENDITURE SUMMARY NONDEPARTMENTAL City Support Services 110,000.00 9,869.94 66,506.22 66,916.30 - 43,08170 60.83% Operations Support 68,425.00 19,397.17 30,169.77 28,889.17 - 39,535.83 42.22% Professional Services 3,000.00 - 3,000.00 3,000.00 - - 100.00% Fund Charges /Transfers 67,605.00 16,601.25 49,803.75 49,803.75 - 17,801.25 73.67% Maintenance Services 10,000.00 - 3,511.94 - - 10,000.00 0.00% Capital Outlay 63,806.00 8,255.00 - 8,255.00 - 55,551.00 12.94% TOTAL NONDEPARTMENTAL 322,836.00 54,123.36 152,991.68 156,864.22 165,971:78 48.59 %' TOTAL EXPENDITURES 322,836.00 54,123.36 152,991.68 156,864.22 - 165,971.78 48.59 %' REVENUE OVER(UNDER)iEXPENDITURE 240,814.00'' 226,848.97 HOTEL OCCUPANCY TAX FUND CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool-Checking $ 135,033.07 Cash in Investments Texas Class - Hotel Tax 1,562,141.10 Total Cash in Bank & Investments $ 1,697,174.17 HOTEL OCCUPANCY TAX $80,000 $70,000 = - - - - - - - - - - - - -- - - $60,000 $50,000 � � $40,000 0-ft � x ixm. ,vu $30,000 $20,000 = - - - - - ----------------- - -- - - - - - - - -- - - $10,000 $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP --------------------- 2017 -18 - - -- -- - - - -- 37,415 - - - - - -- 38,911 - - - - - -- - - - - - -- 30,706 --- - - - - -- - - - - - -- 31,786 -- - - - - -- - - - - 48,161 - -- - - - -- - - - - 52,784 -- - - - - - - -- -- 52,258 - - - -- - - - - - -- - 53,747 - - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- -- - - - - -- 2016 -17 33,917 33,203 30,940 32,131 33,710 51,467 47,698 43,479 55,151 57,536 46,685 33,548 - - - - -- -- -- 2015-16 - -- - - -- - -- 40,800 -- - - - - -- 40,351 38,394 - 34,516 _ - -_ 39,732 - - -- - - - - 54,142 -- - - -_ - -- 49,741 -_ - 45,524 51,636 - 68,491 _ 48,302 __ -- 33,241 2014 -15 44,724 42,229 35,309 33,055 46,037 58,530 43,715 43,525 53,346 72,297 51,772 39,195 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 317 -PARK CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 70,000.00 115,000.00 98,000.00 139,000 - (69,000.00) 198.57% Fund Transfers 109,829.69 - - - - - 0.00% Miscellaneous 60,000.00 1,971.28 2,419.42 4,729.96 - 55,270.04 7.88% TOTAL REVENUES 239,829.69 116,971.28 100,419.42 - 143,729.96 - (13,729.96) 59.93% EXPENDITURE SUMMARY PARKLAND DEDICATION Professional Services 26,900.00 - 8,250.00 13,450.00 5,200.00 0.00% Operating Equipment 10,000.00 - 14,176.00 - - 10,000.00 0.00% Capital Outlay 202,929.69 28,356.34 - 87,495.40 82,92938 32,504.91 83.98% TOTAL PARKLAND DEDICATION 239,829.69 28,356.34 14,176.00 95,745.40 96,379.38 47,704.91 80.11 %? TOTAL EXPENDITURES 239,829.69 28,356.34 14,176.00 95,745.40 96,379.38 47,704.91 80.11 %` REVENUE OVER(UNDER) EXPEND - 47,984.56 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 317 -PARK CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000 - 458800 Parkland Dedication 70,000.00 115,000.00 98,000.00 139,000.00 - (69,000.00) 198.57% TOTAL Fees 70,000.00 115,000.00 98,000.00 139,000.00 (69,000.00) 198.57 %? Fund Transfers 000 -48100 Transfer In- Reserves 109,829.69 - - - - 109,829.69 0.00% TOTAL Fund Transfers 109,829.69 - 109,829.69 0.00% Miscellaneous 000 - 491000 Interest Earned 100.00 262.81 37.92 574.92 - (474.92) 574.92% 000 - 491200 Investment Interest 3,000.00 1,708.47 2,381.50 4,155.04 - (1,155.04) 138.50% 000 - 499100 Transfer From Parks Reserve 56,900.00 - - - - 56,900.00 0.00% TOTAL Miscellaneous 60,000`00 1,971.28 2,419.42 4,729.96 ` - 55,270.04 7.88% TOTAL REVENUES 239,829.69 116,971.28 100,419.42 143,729.96 - 96,099.73 59.93°%0 PARK FUND CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $82,439.81 Cash in Investments Texas Class- Park Fund 334,518.78 Total Cash in Bank & Investments $416,958.59 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 t******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 319 -TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Tree Mitigation Fees 72,500.00 69,558.90 60,66530 102,680 - (30,180.00) 141.63% Fund Transfers 81,400.00 - - - - 81,400.00 0.00% Miscellaneous 3,100.00 2,082.47 2,30831 4,626 - (1,526.24) 149.23% TOTAL REVENUES 157,000.00 71,641.37 62,973.61 107,306.24 - 49,693.76 68.35% EXPENDITURE SUMMARY TREE MITIGATION Maintenance Services -Trees 157,000.00 800.00 85,901.00 3,243.00 - 153,757.00 2.07% TOTAL TREE MITIGATION 157,000.00 800.00 85,901.00 3,243.00 153,757.00 2.07 %< TOTAL EXPENDITURES 157,000.00 800.00 85,901.00 3,243.00 - 153,757.00 2.07% REVENUE OVER(UNDER) EXPEND - 70,841.37 (22,927.39)' 104,063.24 (104,063.24} CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 319 -TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000 - 458900 Tree Mitigation 72,500.00 69,558.90 60,665.30 102,680.00 - (30,180.00) 141.63% TOTAL Fees ' 72,500.00 69,558.90 60,66530 102,680.00 (30,180100) 141.63 %' Fund Transfers 000 - 481000 Transfer In -Reserves 81,400.00 - - - - 81,400.00 0.00% TOTAL Fund Transfers 81,400.00 - - - 81,400'.00 0.00 %` Miscellaneous 000 - 491000 Interest Earned 100.00 466.85 11.86 697.25 - (597.25) 697.25% 000 - 491200 Investment Interest 3,000.00 1,615.62 2,296.45 3,928.99 - (928.99) 130.97% TOTAL Miscellaneous- 3,100.00 2,082.47 2,308.31 4,626.24 - (1,526.24) 149.23 %! TOTAL REVENUES 157,000.00 71,641.37 62,973.61 107,306.24 - 49,693'.76 68.35 %' TREE MITIGATION FUND CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $119,648.91 Cash in Investments MBIA Investment -Tree Mitigation 316,326.80 Total Cash in Bank & Investments $435,975.71 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 411 - CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 1,100,000.00 396,090.00 1,063,575.00 1,232,491.40 - (132,491.40) 112.04% Miscellaneous 40,200.00 29,892.44 24,232.54 68,070.94 - (27,870.94) 169.33% TOTAL REVENUES 1,140,200.00 425,982.44 1,087,807.54 1,300,562.34 - (160,362.34) 114.06 %i EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 256,000.00 - 1,000.00 1,000.00 - 255,000.00 0.39% TOTAL NON DEPARTMENTAL 256,000.00 - 1,000.00 1,000.00 - 255,000.00 0.39% MISC & PROJECTS PROJECTS Fund Charges/Transfers 0.00% TOTAL MISC & PROJECTS - - - - - 0.00 %' TOTAL EXPENDITURES- 256,000.00 - 1,000.00 1,000.00 - 255,000.00 0.39% REVENUE OVER(UNDER) EXPENDITURES 884,200.00 425,982.44 1,086,807.54 1,299,562.34 - (415,362.34) CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 411 - CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 455900 Capital Recovery- Water 1,100,000.00 396,090.00 1,063,575.00 1,232,491.40 - (132,491.40) 112.04% TOTAL Fees 1,100,000.00; 396,090.00 1,063,575.00 1,232,491.40 (132,491.40) 112A4% Miscellaneous 000 - 491000 Interest Earned 200.00 2,314.09 152.15 4,639.32 - (4,439.32) 2319.66% 000 - 491200 Investment Income 40,000.00 27,578.35 24,08039 63,431.62 - (23,431.62) 158.58% TOTAL Miscellaneous 40,200.00 = 29,892.44 ` 24,232.54 68,070.94 - (27,870.94) 169.33% TOTAL REVENUES 1,140,200.00 425,982.44 ! 1,087,807.54 11,300,562.34 - (160,362.34) 114A6 %' CAPITAL RECOVERY WATER CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool-Checking $ 270,347.98 Cash in Investments Lone Star Investment-Capital Recovery Water 5,874,576.77 Total Cash in Bank & Investments $ 6,144,924.75 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 421 - CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 550,000.00 205,875.48 568,335.60 676,193 - (126,192.80) 122.94% Fund Transfers 359,700.00 - - - - 359,700.00 0.00% Miscellaneous 40,150.00 28,224.93 20,130.40 54,515 - (14,364.90) 135.78% TOTAL REVENUES 949,850.00 234,100.41 588,466.00 730,707.70 - 219,142.30 76.93 %I EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 335,500.00 1,088.79 4,26372 4,268.02 - 331,231.98 1.27% Maintenance Services 359,700.00 - - - 359,700.00 0.00% TOTAL NON DEPARTMENTAL ` 695,200.00 1,088.79 4,263.72 4,268`.02 690,931`.98 0.61 %% TOTAL EXPENDITURES 695,200.00 1,088.79 4,263.72 4,268.02 690,931.98 0.61 %6 REVENUE OVER(UNDER) EXPENDITURES 254,650.00 233,011.62 584,202.28 726,439'.68 - CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 421 - CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 455910 Capital Recovery -Waste Wtr 550,000.00 198,675.48 544,935.60 658,192.80 - (108,192.80) 119.67% 000 - 455913 Cap Recovery -North Sewer Tr - 7,200.00 23,400.00 18,000.00 - (18,000.00) 0.00% TOTAL Fees 550,000.00 205,875.48 568,335.60 676,192:80 (126,192.80) 122.94 % ' Fund Transfers 000 - 481000 Transfer from Reserves 359,700.00 - - - - 359,700.00 0.00% TOTAL Fund Transfers 359,700.00 - - 359,700.00 0.00% Miscellaneous 000 - 491000 Interest Earned 150.00 1,73174 123.42 3,535.50 - (3,385.50) 2357.00% 000 - 491200 Investment Income 40,000.00 29,086.68 44,893.26 72,247.63 - (32,247.63) 180.62% 000 - 491800 Gain /Loss - (11,732.11) (12,928.67) (11,134.94) - 11,134.94 0.00% 000 - 491900 Unrealized Gain /Loss -Cap One - 9,136.62 (11,957.61) (10,133.29) - 10,133.29 0.00% TOTAL Miscellaneous 40,150.00 28,224.93 20,130.40 54,514.90 - ;(14,364.90) 135.78 %' TOTAL REVENUES 949,850.00 234,1':00.41 588,466.00 730,707.70 - 219,14230 76.93% CAPITAL RECOVERY SEWER CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool-Checking $ 190,770.81 Cash in Investments Lone Star Investment-Capital Recovery Sewer 4,385,687.82 Capital One-investment 1,774,034.55 Total Cash in Bank & Investments $ 6,350,493.18 505 - TAX I &S FINANCIAL SUMMARY REVENUE SUMMARY CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Taxes 6,030,353.00 101,091.32 6,108,623.22 6,082,876.52 - (52,523.52) 100.87% Fund Transfers 487,110.00 - - - - 487,110.00 0.00% Miscellaneous 477,069.00 36,681.81 503,012.89 418,263.87 - 58,805.13 87.67% TOTAL REVENUES 6,994,532.00 137,773.13 6,611,636.11 6,501,140.39 - 493,391.61 92.95% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 2,550.00 - 1,550.00 2,150.00 1,600.00 (1,200.00) 147.06% Debt Service 6,991,982.00 - 5,329,583.69 5,815,642.93 698,060.01 478,279.06 93.16% Other Financing Sources - - - - - - 0.00% TOTAL GENERAL' GOVERNMENT' 6,994,532.00` 5,331,133.69 5,817,792.93 699,660.01 477,079.06 s 93.1!8 %? TOTAL EXPENDITURES 6,994,532.00 5,331,133.69 5,817,792.93 699,660.01 477,079.06 93.18% " REVENUE OVER(UNDER) EXPEND - 683,347.46 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 505 -TAX I & S CURRENT CURRENT PRIOR YEAR CURRRENT Y -T -D BUDGET 75% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Taxes 000 - 411900 Property Tax Revenue 6,030,353.00 101,091.32 6,108,623.22 6,082,876.52 - (52,523.52) 100.87% TOTAL Taxes 6;030,35100 101,091.32 6,108,623.22 6,082,876.52 (52,523.52) 100.87% 000- 486000 Transfer From Reserves 487,110.00 - - - - 487,110.00 0.00% TOTAL Fund Transfers 487,110.00 - - - - 487,110.00 0.00% Miscellaneous 000 - 491000 Interest Earned 300.00 1,077.21 170.22 4,291.72 - (3,991.72) 1430.57% 000 - 491200 Investment Earnings 16,000.00 10,604.60 41,823.92 28,203.15 - (12,203.15) 176.27% 000 - 495015 Contribution from SED 360,769.00 - 361,018.75 360,769.00 - - 100.00% 000 - 495020 Contribution from YMCA 100,000.00 25,000.00 100,000.00 25,000.00 - 75,000.00 25.00% TOTAL Miscellaneous 477,069.00 36,681.81 503,012.89 418,263.87 - 58,805.13 87.67 %' TOTAL REVENUES 6,994,532.00 137,773.13 '' 6,611,636.11 6,501,140.39 - 493 391.61 ' 92.95% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 505 -TAX I& S *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GENERAL GOVERNMENT CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF NON DEPARTMENTAL BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Professional Services 101 - 541500 Paying Agent 2,550.00 - 1,550.00 2,150.00 1,600.00 (1,200.00) 147.06% TOTAL Professional Services 2,550.00 - 1,550.00 2,150.00 1,600.00 (1,200.00) 147.06% Debt Service 101 - 555612 Bond -GO Refunding 2010 - Principal 285,000.00 - 285,000.00 285,000.00 - - 100.00% 101 - 555612.1 Bond -GO Refunding 2010 Interest 38,475.00 - 25,650.00 21,375.00 - 17,100.00 55.56% 101 - 555629 GO Bond 2007 - Principal 290,000.00 - 280,000.00 290,000.00 - - 100.00% 101 - 555629.1 GO Bond 2007 - Interest 136,345.00 - 76,821.25 71,123.25 - 65,221.75 52.16% 101 - 555630 GO Bond SR2008 Principal 475,000.00 - 460,000.00 475,000.00 - - 100.00% 101 - 555630.1 GO Bond SR2008 Interest 259,055.00 - 143,930.50 210,487.60 - 48,567.40 81.25% 101 - 555631 GO Bond SR2009 Principal 550,000.00 - 550,000.00 550,000.00 - - 100.00% 101 - 555631.1 BO Bond SR2009 Interest 249,138.00 - 137,287.50 129,037.50 - 120,100.50 51.79% 101 - 555633 GO SR2011 Principal 240,000.00 - 235,000.00 240,000.00 - - 100.00% 101 - 555633.1 GO SR2011 Interest 327,038.00 - 169,143.75 165,618.75 161,418.75 0.50 100.00% 101 - 555634 GO SR2011A Refund Principal 635,000.00 - 620,000.00 635,000.00 - - 100.00% 101 - 555634.1 GO SR2011A Refund Interest 87,783.00 - 54,813.25 47,590.25 - 40,192.75 54.21% 101 - 555635 GO SR2012 Principal 335,000.00 - 320,000.00 335,000.00 - - 100.00% 101 - 555635.1 GO SR2012 Interest 168,095.00 - 94,357.50 87,397.50 80,697.50 - 100.00% 101 - 555636 Tax Note - SR2013 - Principal 170,000.00 - 170,000.00 170,000.00 - - 100.00% 101 - 555636.1 Tax Note - SR2013 - Interest 1,445.00 - 2,550.00 1,445.00 - - 100.00% 101 - 555637 Tax Note - SR 2013A - Principal 165,000.00 - 160,000.00 165,000.00 - - 100.00% 101 - 555637.1 Tax Note - SR2013 - Interest 1,073.00 - 2,112.50 1,072.49 - 0.51 99.95% 101 - 555638 Bond -GO 2014 Refund - Principal 100,000.00 - 100,000.00 100,000.00 - - 100.00% 101 - 555638.1 Bond -GO 2014 Refund - Interest 289,775.00 - 146,637.50 145,637.50 144,137.50 - 100.00% 101 - 555639 Tax Note - SR2015 - Principal 35,000.00 - - - - 35,000.00 0.00% 101 - 555639.1 Tax Note - SR2015 - Interest 2,538.00 - 1,564.26 1,263.02 - 1,274.98 49.76% 101 - 555640 Bond -Ref 2015 Bond- Principal 490,000.00 - 450,000.00 490,000.00 - - 100.00% 101 - 555640.1 Bond -GO Ref 2015- Interest 92,725.00 - 53,312.50 48,812.50 43,912.50 - 100.00% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 505 -TAX I& S *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GENERAL GOVERNMENT CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF NON DEPARTMENTAL BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET 101 - 555641 Tax Note - SR2015A - Principal 145,000.00 - - - - 145,000.00 0.00% 101 - 555641.1 Tax Note - SR2015A - Interest 11,550.00 - 6,859.42 5,731.58 - 5,818.42 49.62% 101 - 555642 GO Bond SR2016 Principal 205,000.00 - 405,000.00 205,000.00 - - 100.00% 101 - 555642.1 GO Bond SR2016 Interest 167,607.00 - 89,903.13 85,853.13 81,753.13 0.74 100.00% 101 - 555643 CO Bond Tax SR2016 Principal 55,000.00 - 55,000.00 55,000.00 - - 100.00% 101 - 555643.1 CO Bond Tax SR2016 Interest 47,238.00 - 24,856.25 24,031.25 23,206.25 0.50 100.00% 101 - 555644 CO Bond nonTax SR2016 Principal 165,000.00 - 170,000.00 165,000.00 - - 100.00% 101 - 555644 CO Bond nonTax SR2016 Interest 69,469.00 - 39,784.38 36,384.38 33,084.38 0.24 100.00% 101 - 555645 CO Bond SR2017 Principal 245,000.00 - - 245,000.00 - - 100.00% 101 - 555645.1 CO Bond SR2017 Interest 178,689.00 - - 107,075.56 71,612.50 0.94 100.00% 101 - 555646 Bond -GO SR2017 Principal 135,000.00 - - 135,000.00 - - 100.00% 101 - 55646.1 Bond - GO SR2017 Interest 143,944.00 - - 85,706.67 58,237.50 (0.17) 100.00% TOTAL Debt Service 6,991,982.00 - 5,329,583.69 5; ,815,642.93 698,060.01 478,279.06 93.16 %? TOTAL EXPENDITURES 6,994,532.00 i 5,331,133.69 5,817,792.93 699,660.01 477,079.06 93.18% TAX I &S CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 34,292.50 MBIA Investment- Tax I &S 2,099,137.09 Total Cash in Bank &;Investments $ '2,133,429.59' CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2018 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 620 -SED CORPORATION CURRENT 3rd CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 75% OF FINANCIAL SUMMARY BUDGET MONTH QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY 750.00 39.47 117.65 Taxes 3,962,572.00 416,630.87 1,061,104.50 2,663,118.01 3,070,400.60 - 892,171.40 77.49% Fund Transfers 225,000.00 - - - - - - 0.00% Miscellaneous 120,301.00 24,540.48 74,166.31 89,711.47 182,940.21 - (62,639.21) 152.07% TOTAL REVENUES 4,307,873.00 441,171.35 1,135,270.81 2,752,829.48 3,253,340:81 - 829,532.19 75.52% EXPENDITURE SUMMARY ECONOMIC DEVELOPMENT Supplies 750.00 39.47 117.65 402.08 356.14 - 393.86 47.49% Human Services 500.00 - - 389.64 - - 500.00 0.00% City Support Services 37,700.00 340.55 2,17109 3,894.84 4,589.09 - 33,110.91 12.17% Utility Services 3,870.00 327.33 730.27 1,601.00 1,726.75 - 2,143.25 44.62% Operations Support 172,000.00 5,461.34 13,798.68 41,769.29 56,211.62 288.00 115,500.38 32.85% Staff Support 21,900.00 1,798.84 2,717.06 11,410.66 9,993.75 - 11,906.25 45.63% City Assistance 1,042,500.00 24.00 225,09832 979.02 425,098.32 - 617,401.68 40.78% Professional Services 82,500.00 2,652.00 6,021.00 7,121.37 15,260.13 - 67,239.87 18.50% Fund Charges/Transfers 1,067,945.00 - - 684,312.98 802,945.00 - 265,000.00 75.19% Maintenance Services 1,000.00 105.00 210.00 - 385.00 - 615.00 38.50% Operating Equipment 4,200.00 - - 299.99 576.02 298.16 3,325.82 20.81% TOTAL ECONO'DEVELOPMENT 2 ,434,865.00 10,748.53 250,866.07 752,180.87 1,317,141.82 586.16 1,117,137!02 54.12% TOTAL EXPENDITURES 2,434,865.00 10,748.53 250,866.07 752,180.87 1,317,141.82 586.16 1,117,137.02 54.12% * *:REVENUE OVER(UNDER) EXPEND 1;,873,008.00 430,422.82 884,404.74 2,000,648.61' 1,936,198.99 (586.1;6) (287,604.83) SED CORPORATION CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2018 Cash in Bank Claim on Operating Cash Pool- Checking $ 378,928.67 Cash in Investments Texas Class Investment- Economic Development Corl 13,798,290.73 Schertz Bank & Trust - Certificate of Deposit 1,018,080.00 Schertz Bank & Trust - Certificate of Deposit 1,063,386.74 Total Cash in Bank & Investments $ 16,258,686.14 4B SALES TAX By Collection Month $450,000 12.1% $400,000 - - - - - - - 2.2 1' aa 12.1 % '� 9.9 ®% a 55.8% ��x� a 15.% 7 /o $350,000 " h +6% $300,000 Ar r $250,000 - - - - - - $200,000 $150,000 - - - - - -- - - - - - -- $100,000 - - - -- - - - - $50,000 $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP - - - -- -- 2017 -18 - - - - -- - - - - - -- 322,292 - ------- 343,024 307,585 313,990 372,357 291,909 - 336,784 - - 375,378 _ 320,141 -- 2016 -17 287,235 379,299 290,086 280,216 373,641 243,369 216,222 334,771 276,770 283,282 348,268 286,986 2015 -16 239,534 372,334 264,843 246,568 391,510 265,249 265,854 307,920 284,254 261,570 2014 -15 247,750 319,452 252,513 210,669 397,691 225,482 247,025 361,702 232,983 248,121 379,939 254,153 C I T Y O F S C H E R T Z INVESTMENT REPORT FOR THE THIRD QUARTER FY 2017 -18 C I T Y O F S C H E R T Z INVESTMENT REPORT FOR THE THIRD QUARTER FY 2017 -1.8 Beginning Mkt Value Deposits / Purchases Q1 Market Value Withdrawals Interest Earned Q1 Portfolio Yield Mkt Appreciation/ Depreciation/ Accrued Interest Ending Mkt Value SUMMARY N/A Q2 Portfolio Yield N/A Q3 Market Value $ 85,650,604.16 N/A Operations -Bank CASH 10,301,315.22 22,837,752.47 Q4 Market Value (20,858,521.71) 37,601.21 Q4 Portfolio Yield - 12,318,147.19 Total Logic 23,284,597.93 (1,500,256.00) 115,639.11 - 21,899,981.04 Total Lonestar $ 22,436,785.55 $ 2,800,000.00 $ (3,914,865.69) $ 116,822.27 $ - $ 21,438,742.13 Total Texas Class 22,847,442.53 1,230,000.00 (1,526,592.82) 118,446.78 - 22,669,296.49 Total Capital One $ 3,112,879.50 $ - $ (1,937.49) $ 13,903.77 $ (4,162.35) $ 3,120,683.43 Total C.D.s 4,192,763.79 - 4,772.13 6,217.96 4,203,753.88 Totals 86,175,784.52 26,867,752.47 (27,802,173.71) 407,185.27 2,055.61 85,650,604.16 FY 2017 -18 FY 2018 -19 Q1 Market Value N/A Q1 Portfolio Yield N/A Q2 Market Value N/A Q2 Portfolio Yield N/A Q3 Market Value $ 85,650,604.16 N/A Q3 Portfolio Yield 2.57% N/A Q4 Market Value N/A Q4 Portfolio Yield N/A CITY PORTFOLIO BY INVESTMENT TYPE MARKET VALUE $85,650,604.16 TOTAL CAPITAL TOTALTEXA! T f"A 1CONE O , D,, s TOTAL LONES ll,"",o R TOTAL LOGIC 26% Funds, $31,,317?683.5 W Debt,"er I CITY PORTFOLIO BY USE MARKET VALUE $85,650,604.16 Designated Funds, $11683,58830 A" ""'r Projects, $151537,759.07 Ir. Operations., m $35pOl2,,436.18 m m m m m m MONTHLY YIELDS 1,5000 Oct-1.7 Nov-1.7 Dec-17 Jan-18 Feb-18 Mar-18 Apr--18 May-18 J u n - 18 Jul-18 Aug-1-8 Sep -18 Oct -17 Nov-1.7 Des- 17 Jan-18 FE5b-18 Mar- 18 Apr 18 May-1-8 Jun-18 Jul-18 AU3 -1.8 Sep-18 ............. €Schertz Bank&Trust 0,8900 0,9400 1,0900 1,21,00 1,2900 13900 1,5600 1,6200 13300 ....... . CD 365 Days 1,0000 1,0000 2.0000 1,5000 1,5000 1.5000 1,5000 1.5000 L5000 [== CD 180 Days 0,6000 0,6000 0,6000 0,6000 0,6000 0,6000 0,6000 1.25007 1,2500 E= I-00C 1-2845 3..2913 1,3784 1-5224 7..5898 1-7228 1.9293 2,0273 2.1,078 LoneStar 1-2678 13032 1.4664 1.5406 1,5855 18366 2,0022 2,0447 2.1,393 M B � A 1,2700 1,3000 1-4100 1,4100 1,6200 1,6200 1,9500 2,0600 2.1600 C a p i to 10 n e 1,7643 1,7042 1,7070 13070 1.3592 1,8843 L8748 1,8730 1-6918 -I Month T-BM 0.9900 1.1400 1,2700 1,4300 1,5000 16200 1,6200 13600 1,7600 --3 Month T-3116 1,1500 1,2700 1,3900 1,4700 1,6600 1,7300 1,8700 1,9300 1,9300 ...... 6 Month T-Bill 1.2600 1,4200 1.5300 L6700 1.8600 1.8800 2.0400 10800 2-1100 -Schcrtz Portfolio 1-2867 .1-3095 13985 L4751 1 5773 1.6925 1.9041 1-9891 7.0568 C I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING JUNE 30th, 2018 Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avc Mat. OPERATIONS -BANK CASH Schertz Bank & Trust - Pooled Cash 9,358,933.35 1.7300 11,021,485.53 8,713,810.34 13,032.59 11,679,641.13 11,679,641.13 11,679,641.13 N/A Schertz Bank & Trust - PEG Fund 638,506.06 0.0000 - - - 638,506.06 638,506.06 638,506.06 N/A TOTAL OPERATIONS 9;997,439.41 11;021,485:53 8`,713,810.34 (13,032.59 12,318,147.19 !12,318 147.19 c. 12,318,147.19 - LOGIC General Fund 13,451,448.38 2.1078 - 1,000,000.00 23,123.57 12,474,571.95 12,474,571.95 12,474,571.95 N/A 28 days G /F- Equipment Replacement 75,644.22 2.1078 - - 131.03 75,775.25 75,775.25 75,775.25 N/A 28 days G /F- Vehicle Replacement 510,051.60 2.1078 - - 883.57 510,935.17 510,935.17 510,935.17 N/A 28 days G/F -Air Conditioner Replacement 277,574.10 2.1078 - - 480.85 278,054.95 278,054.95 278,054.95 N/A 28 days SR2009 Bond - Street Projects(II) 891,272.99 2.1078 - - 1,543.97 892,816.96 892,816.96 892,816.96 N/A 28 days G02017 FIRE STATION 3 4,056,039.07 2.1078 - - 7,026.37 4,063,065.44 4,063,065.44 4,063,065.44 N/A 28 days CO2017 AMBULANCES 56,588.03 2.1078 - - 98.03 56,686.06 56,686.06 56,686.06 N/A 28 days CO2017 BUILDING REPAIRS 253,502.45 2.1078 - - 439.14 253,941.59 253,941.59 253,941.59 N/A 28 days CO2017 FIRE APPARATUS 142,847.60 2.1078 - - 247.46 143,095.06 143,095.06 143,095.06 N/A 28 days CO2017 PARK MAINT 50,700.43 2.1078 - - 87.83 50,788.26 50,788.26 50,788.26 N/A 28 days CO2017 PARK TRAIL 253,502.45 2.1078 - - 439.14 253,941.59 253,941.59 253,941.59 N/A 28 days CO2017 SCHERTZ PKWY 416,433.61 2.1078 - - 721.40 417,155.01 417,155.01 417,155.01 N/A 28 days CO2017 STATION2 REPAIR 194,131.52 2.1078 - - 336.30 194,467.82 194,467.82 194,467.82 N/A 28 days CO2017 STREETS 2.230.821.43 2.1078 - - 3.864.50 2.234.685.93 2.234.685.93 2.234.685.93 N/A 28 days `TOTAL LOGICI 22;860,557.88 1000,000`.00 39,423.56 21,899,981 -.04 "21,899 ;981.04 21,899,981.104 LONESTAR Capital Recovery - Sewer 4,078,373.02 2.1393 300,000.00 - 7,314.80 4,385,687.82 4,385,687.82 4,385,687.82 N/A 44 days Capital Recovery - Water 5,364,935.47 2.1393 500,000.00 - 9,641.30 5,874,576.77 5,874,576.77 5,874,576.77 N/A 44 days Drainage Fund 999,506.00 2.1393 - - 1,779.43 1,001,285.43 1,001,285.43 1,001,285.43 N/A 44 days Facilities Master Plan 26,567.89 2.1393 - - 47.30 26,615.19 26,615.19 26,615.19 N/A 44 days GO SR2011 Animal Shelter 8,805.32 2.1393 - - 15.68 8,821.00 8,821.00 8,821.00 N/A 44 days GO SR2011 Soccer Fields 165,879.96 2.1393 - - 295.32 166,175.28 166,175.28 166,175.28 N/A 44 days GO SR2011 Swimming Pool 2.12 2.1393 - 2.12 - - - - N/A 44 days GO SR2012 Downtown Improvements 1,003,431.04 2.1393 - 1,003,431.04 1,605.72 1,605.72 1,605.72 1,605.72 N/A 44 days SE Elevated Water Tank 2,475,578.51 2.1393 - - 4,407.30 2,479,985.81 2,479,985.81 2,479,985.81 N/A 44 days Sewer /CCMA Project 2,911,432.53 2.1393 - 2,911,432.53 4,658.96 4,658.96 4,658.96 4,658.96 N/A 44 days W /S- Customer Deposits 303,242.10 2.1393 - - 539.87 303,781.97 303,781.97 303,781.97 N/A 44 days W /S- Equipment Repl /Cap.Imp 182,323.42 2.1393 - - 324.59 182,648.01 182,648.01 182,648.01 N/A 44 days Water &Sewer 5,229,468.33 2.1393 1,500,000.00 - 9,580.21 6,739,048.54 6,739,048.54 6,739,048.54 N/A 44 days W /S- Vehicle Replacement 263,382.73 2.1393 - - 468.90 263,851.63 263,851.63 263,851 63 N/A 44 days TOTAL rLONESTAR 23,012,928.44 2,300,000.00 3P,914,865`.69 40,6797:38 21,438,742.13 21,438,742.13 ' 21,438,742.13' - T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING JUNE 30th, 2018 TOTAL PORTFOLIO 2.01 $139,028.21 $ 85,659,381.82 $ 85,650,604.16 $ 85,641,586.53 64 Days This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avc Mat. TEXAS CLASS Tax I &S 2,245,188.19 2.1600 - 150,000.00 3,948.90 2,099,137.09 2,099,137.09 2,099,137.09 N/A 34 Days Justice Forfeiture 200,730.99 2.1600 - - 356.29 201,087.28 201,087.28 201,087.28 N/A 34 Days Park Fund 333,926.07 2.1600 - - 592.71 334,518.78 334,518.78 334,518.78 N/A 34 Days Economic Development Corporation 13,274,637.40 2.1600 500,000.00 - 23,653.33 13,798,290.73 13,798,290.73 13,798,290.73 N/A 34 Days Library Board 46,102.52 2.1600 - - 81.83 46,184.35 46,184.35 46,184.35 N/A 34 Days Tree Mitigation 315,766.31 2.1600 - - 560.49 316,326.80 316,326.80 316,326.80 N/A 34 Days Tax Note 2013 Fire Truck 5,066.89 2.1600 - - 9.01 5,075.90 5,075.90 5,075.90 N/A 34 Days Hotel Tax 1,359,691.29 2.1600 200,000.00 - 2,449.81 1,562,141.10 1,562,141.10 1,562,141.10 N/A 34 Days Special Events Fund 17,250.46 2.1600 - - 30.61 17,281.07 17,281.07 17,281.07 N/A 34 Days Tax Notes 2015 Drainage Equipment 697,954.02 2.1600 - 699,023.75 1,069.73 - - - N/A 34 Days Tax Notes 2015 Water Equipment 289,133.49 2.1600 - 289,576.62 443.13 - - - N/A 34 Days Tax Notes 2015 General Fund Equipme 246,767.36 2.1600 - 247,145.54 378.18 - - - N/A 34 Days Tax Notes 2015A Fire Trucks & Equip 641.07 2.1600 - - 1.17 642.24 642.24 642.24 N/A 34 Days 2016 CO Roads 1,021,894.82 2.1600 - - 1,813.86 1,023,708.68 1,023,708.68 1,023,708.68 N/A 34 Days 2016 CO Building Repairs 176,518.05 2.1600 - - 313.30 176,831.35 176,831.35 176,831.35 N/A 34 Days 2016 CO Rao Center Windows 12.05 2.1600 - 12.05 - - - - N/A 34 Days 2016 GO Fire Station 3 3,082,599.50 2.1600 - - 5,471.62 3,088,071.12 3,088,071.12 3,088,071.12 N/A 34 Days TOTAL TEXAS CLASS 23 313,880.48 700,000:!00 11385,757.96 41,173.97 22,669,296' -.49 22,669,296.49 - 22,669,296.49 - Beginning Interest Ending Par Maturity INVESTMENT MANAGED ACCOUNT Book Value Yield Purchases Withdrawals Earne Book Value Mkt Value Value Date Aver Mat. Capital One General Fund 1,379,387.77 1.6243 - 283.35 2,498.52 1,381,602.94 1,367,159.86 1,375,328.24 N/A 685 Days Capital One Capital Recovery Sewer 1,772,177.48 1.7444 - 363.52 2,220.59 1,774,034.55 1,753,523.57 1,762,513.96 N/A 676 Days TOTAL CAPITAL ONE 3,151,565:25 - 646.87 4,719:11 31,155,637.49 3,120.:683.43 3,137,842.20 C. D. CERTIFICATES OF DEPOSIT Term SB &T- Water &Sewer 1,096,110.74 1.5000 - - - 1,096,110.74 1,104,038.77 1,096,110.74 1/6/2019 365 Days Schertz Economic Development Corp. 1,063,386.74 1.2500 - - - 1,063,386.74 1,064,843.43 1,063,386.74 11/18/2018 180 Days Schertz Economic Development Corp. 1,018,080.00 1.5000 - - - 1,018,080.00 1,025,401.81 1,018,080.00 1/7/2019 365 Days Compass- General Fund 1,000,000.00 1.5500 - - - 1,000,000.00 1,009,469.86 1,000,000.00 11/20/2018 365 Days TOTAL C.D.s: 4,177,577.48 - - - 4,177,57.7.48 4,203;753.88 4,177,577.`48'. TOTAL PORTFOLIO 2.01 $139,028.21 $ 85,659,381.82 $ 85,650,604.16 $ 85,641,586.53 64 Days This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. C I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING MAY 31st, 2018 Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avc Mat. OPERATIONS -BANK CASH Schertz Bank & Trust - Pooled Cash 8,919,106.81 1.6200 6,635,789.61 6,208,258.30 12,295.23 9,358,933.35 9,358,933.35 9,358,933.35 N/A Schertz Bank & Trust - PEG Fund 638,506.06 0.0000 - - - 638,506.06 638,506.06 638,506.06 N/A TOTAL OPERATIONS 9,557,612.(87 6,635,789 Al 6x1208,258.30 12,295:23 9?,997,439.41 9,997,439.41 9,997,439.41 - LOGIC General Fund 13,428,326.80 2.0273 - - 23,121.58 13,451,448.38 13,451,448.38 13,451,448.38 N/A 30 days G /F- Equipment Replacement 75,514.19 2.0273 - - 130.03 75,644.22 75,644.22 75,644.22 N/A 30 days G /F- Vehicle Replacement 509,174.86 2.0273 - - 876.74 510,051.60 510,051.60 510,051.60 N/A 30 days G/F -Air Conditioner Replacement 277,097.01 2.0273 - - 477.09 277,574.10 277,574.10 277,574.10 N/A 30 days SR2009 Bond - Street Projects(II) 889,741.00 2.0273 - - 1,531.99 891,272.99 891,272.99 891,272.99 N/A 30 days G02017 FIRE STATION 3 4,049,067.18 2.0273 - - 6,971.89 4,056,039.07 4,056,039.07 4,056,039.07 N/A 30 days CO2017 AMBULANCES 556,746.77 2.0273 - 500,256.00 97.26 56,588.03 56,588.03 56,588.03 N/A 30 days CO2017 BUILDING REPAIRS 253,066.71 2.0273 - - 435.74 253,502.45 253,502.45 253,502.45 N/A 30 days CO2017 FIRE APPARATUS 142,602.06 2.0273 - - 245.54 142,847.60 142,847.60 142,847.60 N/A 30 days CO2017 PARK MAINT 50,613.28 2.0273 - - 87.15 50,700.43 50,700.43 50,700.43 N/A 30 days CO2017 PARK TRAIL 253,066.71 2.0273 - - 435.74 253,502.45 253,502.45 253,502.45 N/A 30 days CO2017 SCHERTZ PKWY 415,717.82 2.0273 - - 715.79 416,433.61 416,433.61 416,433.61 N/A 30 days CO2017 STATION2 REPAIR 193,797.83 2.0273 - - 333.69 194,131.52 194,131.52 194,131.52 N/A 30 days CO2017 STREETS 2.226.986.88 2.0273 - - 3.834.55 2.230.821.43 2.230.821.43 2.230.821.43 N/A 30 days `TOTAL LOGICI 23,321,519.10 - 500,256.00 39,294.78 22 ,860,557.88 "22,860557.88 22,860,557.88 - LONESTAR Capital Recovery - Sewer 4,071,236.93 2.0447 - - 7,136.09 4,078,373.02 4,078,373.02 4,078,373.02 N/A 31 days Capital Recovery - Water 5,355,548.24 2.0447 - - 9,387.23 5,364,935.47 5,364,935.47 5,364,935.47 N/A 31 days Drainage Fund 997,757.13 2.0447 - - 1,748.87 999,506.00 999,506.00 999,506.00 N/A 31 days Facilities Master Plan 26,521.40 2.0447 - - 46.49 26,567.89 26,567.89 26,567.89 N/A 31 days GO SR2011 Animal Shelter 8,789.91 2.0447 - - 15.41 8,805.32 8,805.32 8,805.32 N/A 31 days GO SR2011 Soccer Fields 165,589.71 2.0447 - - 290.25 165,879.96 165,879.96 165,879.96 N/A 31 days GO SR2011 Swimming Pool 2.12 2.0447 - - - 2.12 2.12 2.12 N/A 31 days GO SR2012 Downtown Improvements 1,001,675.30 2.0447 - - 1,755.74 1,003,431.04 1,003,431.04 1,003,431.04 N/A 31 days SE Elevated Water Tank 2,471,246.89 2.0447 - - 4,331.62 2,475,578.51 2,475,578.51 2,475,578.51 N/A 31 days Sewer /CCMA Project 2,906,338.28 2.0447 - - 5,094.25 2,911,432.53 2,911,432.53 2,911,432.53 N/A 31 days W /S- Customer Deposits 302,711.51 2.0447 - - 530.59 303,242.10 303,242.10 303,242.10 N/A 31 days W /S- Equipment Repl /Cap.Imp 182,004.40 2.0447 - - 319.02 182,323.42 182,323.42 182,323.42 N/A 31 days Water &Sewer 4,720,318.13 2.0447 500,000.00 - 9,150.20 5,229,468.33 5,229,468.33 5,229,468.33 N/A 31 days W /S- Vehicle Replacement 262,921.88 2.0447 - - 460.85 263,382.73 263,382.73 263,382.23 N/A 31 days TOTAL rLONESTAR 22,472,661.83 500,000.00 40,266:!61 23,012,928.44 23,012 928.44 '' 23,012,928.44 - T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING MAY 31st, 2018 TOTAL PORTFOLIO 1.99 $142,875.05 $ 86,540,231.61 $ 86,507,526.28 $ 86,498,140.62 78 Days This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avc Mat. TEXAS CLASS Tax I &S 2,241,265.58 2.0600 - - 3,922.61 2,245,188.19 2,245,188.19 2,245,188.19 N/A 34 Days Justice Forfeiture 200,380.28 2.0600 - - 350.71 200,730.99 200,730.99 200,730.99 N/A 34 Days Park Fund 333,342.67 2.0600 - - 583.40 333,926.07 333,926.07 333,926.07 N/A 34 Days Economic Development Corporation 13,251,444.90 2.0600 - - 23,192.50 13,274,637.40 13,274,637.40 13,274,637.40 N/A 34 Days Library Board 46,021.97 2.0600 - - 80.55 46,102.52 46,102.52 46,102.52 N/A 34 Days Tree Mitigation 315,214.63 2.0600 - - 551.68 315,766.31 315,766.31 315,766.31 N/A 34 Days Tax Note 2013 Fire Truck 5,058.03 2.0600 - - 8.86 5,066.89 5,066.89 5,066.89 N/A 34 Days Hotel Tax 1,357,315.73 2.0600 - - 2,375.56 1,359,691.29 1,359,691.29 1,359,691.29 N/A 34 Days Special Events Fund 17,220.28 2.0600 - - 30.18 17,250.46 17,250.46 17,250.46 N/A 34 Days Tax Notes 2015 EMS Ambulances (0.00) 2.0600 - - - (0.00) (0.00) (0.00) N/A 34 Days Tax Notes 2015 Drainage Equipment 696,734.58 2.0600 - - 1,219.44 697,954.02 697,954.02 697,954.02 N/A 34 Days Tax Notes 2015 Water Equipment 288,628.33 2.0600 - - 505.16 289,133.49 289,133.49 289,133.49 N/A 34 Days Tax Notes 2015 General Fund Equipme 246,336.23 2.0600 - - 431.13 246,767.36 246,767.36 246,767.36 N/A 34 Days Tax Notes 2015A Fire Trucks & Equip 639.87 2.0600 - - 1.20 641.07 641.07 641.07 N/A 34 Days 2016 CO Roads 1,020,109.44 2.0600 - - 1,785.38 1,021,894.82 1,021,894.82 1,021,894.82 N/A 34 Days 2016 CO Building Repairs 176,209.64 2.0600 - - 308.41 176,518.05 176,518.05 176,518.05 N/A 34 Days 2016 CO Rec Center Windows 12.05 2.0600 - - - 12.05 12.05 12.05 N/A 34 Days 2016 GO Fire Station 3 3,077,213.80 2.0600 - - 5,385.70 3,082,599.50 3,082,599.50 3,082,599.50 N/A 34 Days TOTAL TEXAS CLASS - 23,273,148.`01 - - 40,732.47 23,313,880.48 23,313 880.48 23,313,880.48' - Beginning Interest Ending Par Maturity INVESTMENT MANAGED ACCOUNT Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avo Mat. Capital One General Fund 1,388,107.04 1.8366 - 282.52 2,320.19 1,390,144.71 1,366,523.18 1,371,915.42 N/A 685 Days Capital One Capital Recovery Sewer 1,780,099.87 1.9013 - 362.43 3,193.64 1,782,931.08 1,752,642.28 1,759,069.38 N/A 676 Days TOTAL CAPITAL ONE 3,168,206.91 - 6447.95 ::5,513 -:83 3,173,075.79 = 3,119:x;165.46 :: 3;130,984:80 - C. D. CERTIFICATES OF DEPOSIT Term SB &T- Water &Sewer 1,096,110.74 1.5000 - - - 1,096,110.74 1,102,687.40 1,096,110.74 1/6/2019 365 Days Schertz Economic Development Corp. 1,063,386.74 1.2500 - - 4,772.13 1,068,158.87 1,068,524.68 1,068,158.87 11/18/2018 180 Days Schertz Economic Development Corp. 1,018,080.00 1.5000 - - - 1,018,080.00 1,024,146.64 1,018,080.00 1/7/2019 365 Days Compass- General Fund 1,000,000.00 1.5500 - - - 1,000,000.00 1,008,195.89 1,000,000.00 11/20/2018 365 Days TOTAL C.D.s 4,177,577.48 - - 4,772.13 4,182,349.61 4,203,554.61 4,182,349.61 TOTAL PORTFOLIO 1.99 $142,875.05 $ 86,540,231.61 $ 86,507,526.28 $ 86,498,140.62 78 Days This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. C I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING Apri.7.. 30th, 2018 Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avc Mat. OPERATIONS -BANK CASH Schertz Bank & Trust - Pooled Cash 9,662,809.16 1.5600 5,180,477.33 5,936,453.07 12,273.39 8,919,106.81 8,919,106.81 8,919,106.81 N/A Schertz Bank & Trust - PEG Fund 638,506.06 0.0000 - - - 638,506.06 638,506.06 638,506.06 N/A TOTAL OPERATIONS 10,301,315.22 5;180,477:33 5 <,936,453.07 12,273.39 9,557,612 =.87 9,557,612.87 `' 9,557,612.87 - LOGIC General Fund 13,407,067.88 1.9293 - - 21,258.92 13,428,326.80 13,428,326.80 13,428,326.80 N/A 28 days FEMA Proceeds - 1.9293 - - - - N/A 28 days G /F- Equipment Replacement 75,394.65 1.9293 - - 119.54 75,514.19 75,514.19 75,514.19 N/A 28 days G /F- Vehicle Replacement 508,368.76 1.9293 - - 806.10 509,174.86 509,174.86 509,174.86 N/A 28 days G/F -Air Conditioner Replacement 276,658.31 1.9293 - - 438.70 277,097.01 277,097.01 277,097.01 N/A 28 days SR2009 Bond - Street Projects(II) 888,332.43 1.9293 - - 1,408.57 889,741.00 889,741.00 889,741.00 N/A 28 days G02017 FIRE STATION 3 4,042,656.94 1.9293 - - 6,410.24 4,049,067.18 4,049,067.18 4,049,067.18 N/A 28 days CO2017 AMBULANCES 555,865.33 1.9293 - - 881.44 556,746.77 556,746.77 556,746.77 N/A 28 days CO2017 BUILDING REPAIRS 252,666.10 1.9293 - - 400.61 253,066.71 253,066.71 253,066.71 N/A 28 days CO2017 FIRE APPARATUS 142,376.30 1.9293 - - 225.76 142,602.06 142,602.06 142,602.06 N/A 28 days CO2017 PARK MAINT 50,533.16 1.9293 - - 80.12 50,613.28 50,613.28 50,613.28 N/A 28 days CO2017 PARK TRAIL 252,666.10 1.9293 - - 400.61 253,066.71 253,066.71 253,066.71 N/A 28 days CO2017 SCHERTZ PKWY 415,059.69 1.9293 - - 658.13 415,717.82 415,717.82 415,717.82 N/A 28 days CO2017 STATION2 REPAIR 193,491.03 1.9293 - - 306.80 193,797.83 193,797.83 193,797.83 N/A 28 days CO2017 STREETS 2,223,461.25 1.9293 - - 3,525.63 2,226,986.88 2,226,986.88 2,226,986.88 N/A 28 days TOTAL LOGIC: 23.284,597.93 - - 36,921.17 23,321,519.10 23,321 519.10 23,321,519.10 LONESTAR Capital Recovery - Sewer 4,064,737.44 2.0022 - - 6,499.49 4,071,236.93 4,071,236.93 4,071,236.93 N/A 38 days Capital Recovery - Water 5,346,998.42 2.0022 - - 8,549.82 5,355,548.24 5,355,548.24 5,355,548.24 N/A 38 days Drainage Fund 996,164.27 2.0022 - - 1,592.86 997,757.13 997,757.13 997,757.13 N/A 38 days Facilities Master Plan 26,479.06 2.0022 - - 42.34 26,521.40 26,521.40 26,521.40 N/A 38 days GO SR2011 Animal Shelter 8,775.88 2.0022 - - 14.03 8,789.91 8,789.91 8,789.91 N/A 38 days GO SR2011 Soccer Fields 165,325.36 2.0022 - - 264.35 165,589.71 165,589.71 165,589.71 N/A 38 days GO SR2011 Swimming Pool 2.12 2.0022 - - - 2.12 2.12 2.12 N/A 38 days GO SR2012 Downtown Improvements 1,000,076.18 2.0022 - - 1,599.12 1,001,675.30 1,001,675.30 1,001,675.30 N/A 38 days SE Elevated Water Tank 2,467,301.69 2.0022 - - 3,945.20 2,471,246.89 2,471,246.89 2,471,246.89 N/A 38 days Sewer /CCMA Project 2,901,698.48 2.0022 - - 4,639.80 2,906,338.28 2,906,338.28 2,906,338.28 N/A 38 days W /S- Customer Deposits 302,228.25 2.0022 - - 483.26 302,711.51 302,711.51 302,711.51 N/A 38 days W /S- Equipment Repl /Cap.Imp 181,713.84 2.0022 - - 290.56 182,004.40 182,004.40 182,004.40 N/A 38 days Water &Sewer 4,712,782.42 2.0022 - - 7,535.71 4,720,318.13 4,720,318.13 4,720,318.13 N/A 38 days W /S- Vehicle Replacement 262,502.14 2.0022 - - 419.74 262,921.88 262,921.88 262,921.88 N/A 38 days ?TOTAL- LONESTAR 22x:436,785.55 - '35,876[:28 22:,472,661x.83 22,472;::661.83 22,432,661::83 I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING Apri.7.. 30th, 2018 TOTAL PORTFOLIO 1.90 $125,282.01 $ 85, 970,726. 20 $ 85,932,704.86 $ 85,861,135.21 78 Days This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avc Mat. TEXAS CLASS Tax I &S 1,708,532.49 1.9500 530,000.00 - 2,733.09 2,241,265.58 2,241,265.58 2,241,265.58 N/A 34 Days Justice Forfeiture 249,983.14 1.9500 - 50,000.00 397.14 200,380.28 200,380.28 200,380.28 N/A 34 Days Park Fund 332,810.31 1.9500 - - 532.36 333,342.67 333,342.67 333,342.67 N/A 34 Days Economic Development Corporation 13,230,280.98 1.9500 - - 21,163.92 13,251,444.90 13,251,444.90 13,251,444.90 N/A 34 Days Library Board 45,948.45 1.9500 - - 73.52 46,021.97 46,021.97 46,021.97 N/A 34 Days Tree Mitigation 314,711.18 1.9500 - - 503.45 315,214.63 315,214.63 315,214.63 N/A 34 Days Tax Note 2013 Fire Truck 5,049.94 1.9500 - - 8.09 5,058.03 5,058.03 5,058.03 N/A 34 Days Hotel Tax 1,355,147.94 1.9500 - - 2,167.79 1,357,315.73 1,357,315.73 1,357,315.73 N/A 34 Days Special Events Fund 17,192.77 1.9500 - - 27.51 17,220.28 17,220.28 17,220.28 N/A 34 Days Tax Notes 2015 EMS Ambulances 90,694.76 1.9500 - 90,834.86 140.10 (0.00) (0.00) (0.00) N/A 34 Days Tax Notes 2015 Drainage Equipment 695,621.83 1.9500 - - 1,112.75 696,734.58 696,734.58 696,734.58 N/A 34 Days Tax Notes 2015 Water Equipment 288,167.35 1.9500 - - 460.98 288,628.33 288,628.33 288,628.33 N/A 34 Days Tax Notes 2015 General Fund Equipme 245,942.81 1.9500 - - 393.42 246,336.23 246,336.23 246,336.23 N/A 34 Days Tax Notes 2015A Fire Trucks & Equip 638.91 1.9500 - - 0.96 639.87 639.87 639.87 N/A 34 Days 2016 CO Roads 1,018,480.23 1.9500 - - 1,629.21 1,020,109.44 1,020,109.44 1,020,109.44 N/A 34 Days 2016 CO Building Repairs 175,928.22 1.9500 - - 281.42 176,209.64 176,209.64 176,209.64 N/A 34 Days 2016 CO Rec Center Windows 12.05 1.9500 - - - 12.05 12.05 12.05 N/A 34 Days 2016 GO Fire Station 3 3,072,299.17 1.9500 - - 4,914.63 3,077,213.80 3,077,213.80 3,077,213.80 N/A 34 Days TOTAL TEXAS CLASS - 22,,847,442.53 530,000:00 140,834!.86 36,540.34 23,273,148.01 23,273 ;(148.01 -' 23,273,148.01 - Beginning Interest Ending Par Maturity INVESTMENT MANAGED ACCOUNT Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avo Mat. Capital One General Fund 1,386,743.39 1.8385 - 282.83 1,646.48 1,388,107.04 1,362,771.08 1,302,377.75 N/A 685 Days Capital One Capital Recovery Sewer 1,778,438.36 1.9031 - 362.84 2,024.35 1,780,099.87 1,747,823.26 1,756,238.17 N/A 676 Days TOTAL CAPITAL ONE ".. 3,165,181:75 - 6457.67 r:. 3,670.83 3,168,206.91 = 3,110594.34 - 3;058,615:92 - C. D. CERTIFICATES OF DEPOSIT Term SB &T- Water &Sewer 1,096,110.74 1.5000 - - - 1,096,110.74 1,101,290.99 1,096,110.74 1/6/2019 365 Days Schertz Economic Development Corp. 1,063,386.74 0.6000 - - - 1,063,386.74 1,066,148.63 1,063,386.74 5/23/2018 180 Days Schertz Economic Development Corp. 1,018,080.00 1.5000 - - - 1,018,080.00 1,022,849.64 1,018,080.00 1/7/2019 365 Days Compass- General Fund 1,000,000.00 1.5500 - - - 1,000,000.00 1,006,879.45 1,000,000.00 11/20/2018 365 Days TOTAL C.D.s 4;177,577.48 - - - 4;177,57.7.48 ': 4,197168.71 ': 4,177,577.48 TOTAL PORTFOLIO 1.90 $125,282.01 $ 85, 970,726. 20 $ 85,932,704.86 $ 85,861,135.21 78 Days This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. Capital Recovery Assets C I T Y OF S C H E R T Z Projected Investment Report Annual Current Cash & Equivalents Due Maturity Capital One Assets Cost Mrk Value Date: 6/30/2018 Yield Fidelity Imm Government Fund #2642 17,513.96 17,513.96 17,513.96 General Fund 1.84 Total Cash & Equivalents 17,513.96 17,513.96 17,513.96 Assets 322.00 1.84° Federal Natl Mtg Assn 1/27/2020 576.00 50,000.00 49,963.60 49,358.50 850.00 1.72 Federal Home LN Fly Corp 3/27/2019 270.00 100,000.00 Projected 108,297.40 101,089.00 3,750.00 3.71 US Treasury Note 10/31/2019 488.00 Annual Current Cash & Equivalents Due Maturity Shares Cost Note Mrk Value 549.00 Income 100,000.00 Yield 100,417.97 Fidelity Imm Government Fund #2642 1,625.00 20,328.24 20,328.24 Note 20,328.24 595.00 373.00 100,000.00 1.83 Total Cash & Equivalents 101,780.00 3,625.00 20,328.24 20,328.24 Note 20,328.24 777.00 373.00 100,000.00 1.830 Fixed Income 100,143.00 2,625.00 2.62 US Treasury Note 12/15/2018 168.00 100,000.00 100,945.31 Federal Nail Mtg Assn 1/27/2020 576.00 25,000.00 24,981.80 Note 24,679.25 ]..]..42.00 425.00 100, 000.00 1.72 98,421...87 US Treasury Note 10/31/2019 488.00 100,000.00 101,875.00 Note 98,772.00 243.00 1,500.00 100,000.00 1.52 99,992.19 US Treasury Note 12/ 31/2019 549.00 50,000.00 50,208.98 Note 49,387.00 304.00 812.00 1..00,000.00 1.64 99 ,890.63 US Treasury Note 2/15/2020 595.00 75,000.00 76,939.45 Note 76,335.00 335.00 2,718.00 50,000.00 3.56 49,380.86 US Treasury Note 8/15/2020 `/'7'7.00 100,000.00 103,394.53 Note 100,143.00 488.00 2,625.00 1..00,000.00 2.62 99,601...57 US Treasury Note 12/15/2018 168.00 125,000.00 126,181.64 Note 124,516.25 518.00 1,562.00 200,000.00 1.25 199,226.56 US Treasury Note 8/15/2021 1142.00 75,000.00 73,816.41 Note '73,853.25 580.00 1,593.00 50,000.00 2.16 50,656.25 US Treasury Note 2/28/2019 243.00 50,000.00 49,996.09 Note 49,717.00 503.00 687.00 75,000.00 1.38 73,458.98 US Treasury Note 4/30/2019 304.00 50,000.00 49,945.31 Note 49,568.50 31...00 625.00 20,000.00 1.26 1..9,990.62 US Treasury Note 5/31/2019 335.00 75,000.00 74,071.29 Note 74,181.00 624.00 843.00 100,000.00 1.14 100,300.78 US Treasury Note 10/31/2019 488.00 100,000.00 99,601.56 Note 98,448.00 701.00 1,250.00 100,000.00 1.27 99 ,988.28 US Treasury Note 11/30/2019 518.00 100,000.00 99,554.69 Note 97,987.00 685.00 1,000.00 100_000.00 1.02 9y,,9ul.41 US Treasury Note 1/31/2020 580.00 100,000.00 Total 101,312.50 98,295.00 1,375.00 1.40 US Treasury Note 11/15/2019 503.00 1.74% 50,000.00 Assets 48,972.66 49,024.50 500.00 1.02 US Treasury Note 7/31/2018 31.00 1.74% 55,000.00 55,249.94 54,980.75 756.00 1.38 US Treasury Note 3 /15/2020 624.00 75,000.00 75,225.59 73,897.50 1,218.00 1.65 US Treasury Note 5/31/2020 701.00 75,000.00 74,991.21 73,564.50 1,125.00 1.53 US Treasury Note 5/15 /2020 685.00 15_000 .00 74 956.05 73,611.75 1 125.00 1_53 Total Fixed income 1,355,000.00 1,361,274.70 1,340,961.25 21,739.00 1.62; Total Assets 515.03 1,375 328.24 1 %,381,602.94 1,361,289.49 22,112.00 1.62 % %. Capital Recovery Assets Projected Annual Current Cash & Equivalents Due Maturity Shares Cost Mrk Value Income Yield Fidelity Imm Government Fund #2642 17,513.96 17,513.96 17,513.96 322.00 1.84 Total Cash & Equivalents 17,513.96 17,513.96 17,513.96 322.00 1.84° Federal Natl Mtg Assn 1/27/2020 576.00 50,000.00 49,963.60 49,358.50 850.00 1.72 Federal Home LN Fly Corp 3/27/2019 270.00 100,000.00 108,297.40 101,089.00 3,750.00 3.71 US Treasury Note 10/31/2019 488.00 100,000.00 100,065.85 98,772.00 1,500.00 1.52 US Treasury Note 12/31/2019 549.00 100,000.00 100,417.97 98,774.00 1,625.00 1.65 US Treasury Note 2/15/2020 595.00 100,000.00 102,585.93 101,780.00 3,625.00 3.56 US Treasury Note 8/15/2020 777.00 100,000.00 103,394. 5 100,143.00 2,625.00 2.62 US Treasury Note 12/15/2018 168.00 100,000.00 100,945.31 99,613.00 1,250.00 1.25 US Treasury Note 8/1.5/2021 ]..]..42.00 100, 000.00 98,421...87 98,471.00 2,125.00 2.16 US Treasury Note 2/28/2019 243.00 100,000.00 99,992.19 99,434.00 1,375.00 1.38 US Treasury Note 4/30/2019 304.00 1..00,000.00 99 ,890.63 99,137.00 1,250.00 1...26 US Treasury Note 5/31/2019 335.00 50,000.00 49,380.86 49,454.00 562.00 1.14 US Treasury Note 10/31./201.9 488.00 1..00,000.00 99,601...57 98,448.00 1,250.00 1.27 US Treasury Note 11/30/2019 518.00 200,000.00 199,226.56 195,974.00 2,000.00 1.02 US Treasury Note 1/31/2020 580.00 50,000.00 50,656.25 49,147.50 687.00 1...40 US Treasury Note 11/15/2019 503.00 75,000.00 73,458.98 73,536.75 750.00 1.02 US Treasury Note 7/31/201.8 31...00 20,000.00 1..9,990.62 19,993.00 275.00 1.38 US Treasury Note 3/15/2020 624.00 100,000.00 100,300.78 98,530.00 1,625.00 1.65 US Treasury Note 5/31/2020 701.00 100,000.00 99 ,988.28 98,086.00 1,500.00 1...53 US Treasury Note 5/15/2020 685.00 100_000.00 9y,,9ul.41 _ „_ 98 199.00 ,5 00,00 1, , 1_53 Total Fixed income 1,745,000.00 1,756,520.59 1,727,889.75 30,124.00 1.74% Total Assets 520.74' 1,762;.513.96 1;774,034 <.55 1;:745,403171 30,446.00 1.74% Capital Recovery Assets C I T Y OF S C H E R T Z Projected Investment Report Annual Current Cash & Equivalents Due Maturity Shares Cost Capital One Assets Yield Fidelity Imm Government Fund #2642 Date: 5/31/2018 34,069.38 34,069.38 577.00 1.69 Total Cash & Equivalents General Fund 34,069.38 34,069.38 577.00 1.691 Federal Nall Mtg Assn 1/27/2020 606.00 Assets 49,963.60 49,395.00 850.00 1.72 Federal Home Mtg Corp Refiner 8 6/13/2018 13.00 100,000.00 110,753.60 100,100.00 4,875.00 4.87 Federal Home LN Mlg Corp 3/27/2019 Projected 100,000.00 108,297.40 101,233.00 3,750.00 3.70 US Treasury Note 10/31/2019 518.00 Annual. 100,000.00 Current Cash & Eauivalents Due Maturity Shares Cost US 'Treasury Note Mrk Value 579.00 Income Yield Fidelity Imm Government Fund #2642 98,862.00 1,625.00 21,915.42 21,915.42 US 'Treasury Note 21,915.42 625.00 371.00 100,000.00 1.69 Total Cash & Equivalents 102,065.00 3,625.00 3.55 21,915.42 21,915.42 8/15/2020 21,915.92 371.00 1.691 1 Fixed Income 2,625.00 2.61 US Treasury Note 12/15/2018 198.00 100,000.00 100,945.31 99,541.00 Federal Natl Mtg Assn 1/27/2020 606.00 US Treasury Note 25,000.00 24,981.80 24,697.50 425.00 1.72 1,375.00 Federal Home LN Mtg Corp Refrnce 8 6/13/2018 13.00 US Treasury Note 100,000.00 110,756.94 100,100.00 4,875.00 4.87 1,250.00 US Treasury Note 10/31/2019 518.00 5/31/2019 100,000.00 101,875.00 50,000.00 98,828.00 49,380.86 1,500.00 49,444.50 1.52 US Treasury Note 12/ 31/2019 579.00 518.00 50,000.00 50,208.98 49,431.00 812.00 1,250.00 1.64 1.27 US Treasury Note 2/15/2020 625.00 75,000.00 76,939.45 199,226.56 76,548.75 196,044.00 2,718.00 3.55 US Treasury Note 8/15/2020 80'7.00 50,000.00 100,000.00 103,394.53 100,391.00 68'7.00 2,625.00 1.40 2.61 US Treasury Note US Treasury Note 12/15/2018 198.00 125,000.00 126,181.64 '13,`566.00 124,426.25 1,562.00 1.26 3/15/2020 US Treasury Note 2/28/2019 273.00 100,300.78 50,000.00 49,996.09 1,625.00 49,691.50 1.65 687.00 US Treasury Note 1.38 731.00 US Treasury Note 4/30/2019 334.00 50,000.00 49,945.31 49,551.00 625.00 5/15/2020 1.26 US Treasury Note 5/31/2019 365.00 98_280__00 75,000.00 74,071.29 1, 53 74,166.75 Fixed .Income 843.00 1.14 11,725,000.00 US Treasury Note 10/31/2019 518.00 32,599.00 100,000.00 99,601.56 Total 98,502.00 1,250.00 1.27 US Treasury Note 11/30/2019 548.00 100,000.00 99,554.69 98,022.00 1,000.00 1.02 US Treasury Note 1/31/2020 610.00 100,000.00 101,312.50 98,389.00 1,375.00 1.40 US Treasury Note 11/15/2019 533.00 50,000.00 48,972.66 49,044.00 500.00 1.02 US Treasury Note 7/31/2018 61.00 25,000.00 25,264.00 24,982.25 343.00 1.37 US Treasury Note 3 /15/2020 654.00 75,000.00 75,225.59 73,998.00 1,218.00 1.65 US Treasury Note 5/31/2020 731.00 75,000.00 74,991.21 73,668.75 1,125.00 1.53 US Treasury Note 5/15/2020 715.00 75,000.00 74,956.05 73,710.00 1,125.00 1.53 Total Fixed Income 1,350,000.00 1,368,229.29 1,338,147.75 24,608.00 1.841 Total Assets 478.73 1,371,915.42;;1, 390, 144.71 ,!1,360,0.63.17 24,979.00 1.84$1. Capital Recovery Assets Projected Annual Current Cash & Equivalents Due Maturity Shares Cost Mrk value Income Yield Fidelity Imm Government Fund #2642 34,069.38 34,069.38 34,069.38 577.00 1.69 Total Cash & Equivalents 34,069.38 34,069.38 34,069.38 577.00 1.691 Federal Nall Mtg Assn 1/27/2020 606.00 50,000.00 49,963.60 49,395.00 850.00 1.72 Federal Home Mtg Corp Refiner 8 6/13/2018 13.00 100,000.00 110,753.60 100,100.00 4,875.00 4.87 Federal Home LN Mlg Corp 3/27/2019 300.00 100,000.00 108,297.40 101,233.00 3,750.00 3.70 US Treasury Note 10/31/2019 518.00 100,000.00 100,065.85 98,828.00 1,500.00 1.52 US 'Treasury Note 12/31/2019 579.00 100,000.00 100,417.97 98,862.00 1,625.00 1.64 US 'Treasury Note 2/15/2020 625.00 100,000.00 102,585.93 102,065.00 3,625.00 3.55 US Treasury Note 8/15/2020 807.00 100,000.00 103,394.53 100,391.00 2,625.00 2.61 US Treasury Note 12/15/2018 198.00 100,000.00 100,945.31 99,541.00 1,250.00 1.26 US Treasury Note 2/28/2019 2`73.00 100,000.00 99,992.19 99,383.00 1,375.00 1.38 US Treasury Note 4/30/2019 334.00 100,000.00 99,890.63 99,102.00 1,250.00 1.26 US Treasury Note 5/31/2019 365.00 50,000.00 49,380.86 49,444.50 562.00 1.14 US Treasury Note 10/31/2019 518.00 100,000.00 99,601.5`7 98,502.00 1,250.00 1.27 US Treasury Note 11/30/2019 548.00 200,000.00 199,226.56 196,044.00 2,000.00 1.02 US Treasury Note 1/31/2020 610.00 50,000.00 50,656.25 49,194.50 68'7.00 1.40 US Treasury Note 11/15/2019 533.00 `75,000.00 '73,458.98 '13,`566.00 750.00 1.02 US Treasury Note 3/15/2020 654.00 100,000.00 100,300.78 98,664.00 1,625.00 1.65 US Treasury Note 5/31/2020 731.00 100,000.00 99,988.28 98,225.00 1,500.00 1.53 US Treasury Note 5/15/2020 715.00 100,000__0,0, 99,941_41 98_280__00 1 50000 1, 53 Total Fixed .Income 11,725,000.00 11,748,861.70 1,7.10,820.00 32,599.00 1. 91-116 Total Assets 483.13 1,759,069.38 1,782,931.08 1,744,889.38 33,176.00 1:90% Capital Recovery Assets C I T Y OF S C H E R T Z Projected Investment Report Annual Current Cash & Equivalents Due Maturity Shares Capital One Assets Mrk Value Income Yield Date: 4/30/2018 31,238.17 31,238.17 31,238.17 509.00 1.63 Total General Fund 31,238.17 31,238.17 31,238.17 509.00 1.631 Assets Federal Nall Mtg Assn 1/27/2020 637.00 50,000.00 49,963.60 49,288.50 850.00 1.72 Federal Home Mtg Corp Refrnce 8 6/13/2018 44.00 100,000.00 110,753.60 Projected 4,875.00 4.86 Federal Home LN Mlg Corp 3/27/2019 331.00 100,000.00 108,297.40 Annual. 3,750.00 Current Cash & Eauivalents Due Maturity 549.00 Shares Cost Mrs Value Income Yield 1,500.00 Fidelity Imm Government Fund #2642 US 'Treasury Note 12/31/2019 19,877.75 19,877.75 100,000.00 19,877.75 324.00 1.63 Total Cash & Equivalents 1.65 US 'Treasury Note 2/15/2020 19,877.75 19,877.75 100,000.00 19,877.75 324.00 1.63s Fixed Income 3.55 US Treasury Note 8/15/2020 838.00 100,000.00 103,394.53 100,188.00 2,625.00 Federal Natl Mtg Assn 1/27/2020 637.00 12/15/2018 25,000.00 24,981.80 100,000.00 24,644.25 425.00 1.72 1,250.00 Federal Home LN Mtg Corp Refrnce 8 6/13/2018 44.00 US Treasury Note 100,000.00 110,756.94 100,374.00 4,875.00 99,992.19 4.86 99,289.00 US Treasury Note 10/31/2019 549.00 US Treasury Note 100,000.00 101,875.00 98,657.00 1,500.00 99,890.63 1.52 98,987.00 US Treasury Note 12/31/2019 610.00 US Treasury Note 50,000.00 50,208.98 49,341.00 812.00 49,380.86 1.65 49,368.50 US Treasury Note 2/15/2020 656.00 US Treasury Note 75,000.00 76,939.45 76,518.00 2,718.00 99,601.5`7 3.55 98,303.00 US Treasury Note 8/15/2020 838.00 US Treasury Note 100,000.00 103,394.53 100,188.00 2,625.00 199,226.56 2.62 195,586.00 US Treasury Note 12/15/2018 229.00 US Treasury Note 125,000.00 126,181.64 124,328.75 1,562.00 50,656.25 1.26 49,08`7.00 US Treasury Note 2/28/2019 304.00 US Treasury Note 50,000.00 49,996.09 49,644.50 687.00 '73,458.98 1.38 '13,398.00 US Treasury Note 4/30/2019 365.00 US Treasury Note 50,000.00 49,945.31 49,493.50 625.00 100,300.78 1.26 98,457.00 US Treasury Note 5/31/2019 396.00 US Treasury Note 7,500.00 74,071.29 74,052.75 843.00 99,988.28 1.14 9'7,944.00 US Treasury Note 10/31/2019 549.00 US Treasury Note 100,000.00 99,601.56 98,303.00 1,250.00 99,941_41 1.27 _98_,z_014__0,0 US Treasury Note 11/30/2019 579.00 Fixed .Income 100,000.00 99,554.69 97,793.00 1,000.00 11,748,861.70 1.02 1, 708, 439. 00 US Treasury Note 1/31/2020 641.00 Assets 100,000.00 101,312.50 98,174.00 1,375.00 1.40 1,739,677.17 US Treasury Note 11/15/2019 564.00 50,000.00 48,972.66 48,932.00 500.00 1.02 US Treasury Note 7/31/2018 92.00 25,000.00 25,264.00 24,971.25 343.00 1.37 US Treasury Note 3/15/2020 685.00 75,000.00 75,225.59 73,842.75 1,218.00 1.65 US Treasury Note 5/31/2020 762.00 75,000.00 74,991.21 73,458.00 1,125.00 1.53 US Treasury Note 5/15/2020 746.00 75,000.00 74,956.05 73,510.50 1,125.00 1.53 Total Fixed Income 1,282,500.00 1,368,229.29 1,336,226.25 24,608.00 1.84s Total Assets 509.99 1,302,377.75 ?I 1, 388,107.04 - 1,356,104.00 24,932.00 1.84% Capital Recovery Assets Projected Annual Current Cash & Equivalents Due Maturity Shares Cost, Mrk Value Income Yield Fidelity Imm Government Fund #2642 31,238.17 31,238.17 31,238.17 509.00 1.63 Total Cash & Equivalents 31,238.17 31,238.17 31,238.17 509.00 1.631 Federal Nall Mtg Assn 1/27/2020 637.00 50,000.00 49,963.60 49,288.50 850.00 1.72 Federal Home Mtg Corp Refrnce 8 6/13/2018 44.00 100,000.00 110,753.60 100,374.00 4,875.00 4.86 Federal Home LN Mlg Corp 3/27/2019 331.00 100,000.00 108,297.40 101,329.00 3,750.00 3.70 US Treasury Note 10/31/2019 549.00 100,000.00 100,065.85 98,657.00 1,500.00 1.52 US 'Treasury Note 12/31/2019 610.00 100,000.00 100,417.97 98,682.00 1,625.00 1.65 US 'Treasury Note 2/15/2020 656.00 100,000.00 102,585.93 102,024.00 3,625.00 3.55 US Treasury Note 8/15/2020 838.00 100,000.00 103,394.53 100,188.00 2,625.00 2.62 US Treasury Note 12/15/2018 229.00 100,000.00 100,945.31 99,463.00 1,250.00 1.26 US Treasury Note 2/28/2019 304.00 100,000.00 99,992.19 99,289.00 1,375.00 1.38 US Treasury Note 4/30/2019 365.00 100,000.00 99,890.63 98,987.00 1,250.00 1.26 US Treasury Note 5/31/2019 396.00 50,000.00 49,380.86 49,368.50 562.00 1.14 US Treasury Note 10/31/2019 549.00 100,000.00 99,601.5`7 98,303.00 1,250.00 1.27 US Treasury Note 11/30/2019 579.00 200,000.00 199,226.56 195,586.00 2,000.00 1.02 US Treasury Note 1/31/2020 641.00 50,000.00 50,656.25 49,08`7.00 68'7.00 1.40 US Treasury Note 11/15/2019 564.00 `75,000.00 '73,458.98 '13,398.00 750.00 1.02 US Treasury Note 3/15/2020 685.00 100,000.00 100,300.78 98,457.00 1,625.00 1.65 US Treasury Note 5 /31/2020 `762.00 100,000.00 99,988.28 9'7,944.00 1,500.00 1.53 US Treasury Note 5/15 /2020 `746.00 100,000__0,0, 99,941_41 _98_,z_014__0,0 1 50000 1, 53 Total Fixed .Income 1,725,000.00 11,748,861.70 1, 708, 439. 00 32,599.00 1. 91-116 Total Assets 514.35 1,756,238,17',1,780,099.87 1,739,677.17 33,108.001 1:90% Glossary Investment Report Terms Par Value This is the amount stated on the original issue of the investment that the interest paid out is based on and is the amount to be returned to the investment holder once the investment reaches the maturity date. Shares The original investment is sold in pieces called "Shares ", each share has a stated "Par Value" and stated "Interest Rate ". Book Value Also called "Cost ", is the amount the City paid to acquire this investment. Would the "market value" at the time of purchase. Market Value (Mkt) Represents what we could sell our investments for today. It could be different than what we originally paid for the investment. Interest Earned Dollars earned on our investments. Is calculated based on the par value and the stated interest rate of the investment. Yield Annual projected earnings divided by the current market value. This is the City's return on investment. Purchases When we acquire additional investments or invest additional funds. Withdraws When we sell some or all of our investment and return cash to the bank. Maturity Date The date the investment is to be bought back at the par value and returned to the original issuer. This date is specified during the original issuance of the investment. Weighted Average Maturity An average maturity of a group of investments Investment Pool Groups combine their funds to purchase a variety of different investment types. The returns are averaged back out to investors every day based on their individual investment. Certificates of Deposit Is an investment type with a fixed maturity date, a specified interest rate, and can be issued for any amount. Once purchased, funds cannot be removed from this investment until the maturity date. They are generally issued by commercial banks and are insured by the Federal Deposit Insurance Corporation up to $250,000 per individual. Informational Only — 21 E CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Management Subject: Pending Informational item status Below is a list of informational items that have been requested by Council and their proposed due dates: Workshop discussion regarding possible UDC amendments 8 -14 -201.8 To Council to allow for zoning of greenspace. (Requested by Mayor Pro- Tern Scagliola) Workshop discussion regarding Purchasing Guidelines and 8 -1.4 -2018 to Council 50K Spending on contracts. Workshop discussion regarding recycling (larger recycle 8 -14 -2018 to Council bins) (Requested by Councilmember Edwards) Workshop discussion and possible action regarding the 8 -28 -2018 to Council makeup of the Interview Committee. Workshop discussion regarding the exploration regarding the 9 -11 -2018 to Council use of HOT Funds to beautify Schertz. i.e., murals etc. (Requested by Mayor Pro -Tem Scagliola) Workshop discussion and update from the Transportation To Council after TSAC Safety Advisory Commission regarding people parking in front of mailboxes (Requested by Councilmember Crawford) Workshop discussion regarding potential UDC code To Council after P &Z amendments regarding standards for sheds City Council Memorandum Page 2 Workshop A CITY COUNCIL MEMORANDUM City Council Meeting: August 3, 2018 . Department: Police Department Subject: Workshop presentation and discussion on possible revision of the City Ordinance on Solicitation BACKGROUND The City of Schertz has a city ordinance that regulates solicitation. The ordinance was last revised in 2003. There are a number of areas that need addressed or revised and staff will walk Council through them and discuss options that would provide clarity, reason and better representation of current processes and enforcement efforts. This presentation and discussion is to provide staff with direction in creating a new ordinance to then be presented to Council. Assistant Chief Bane will be in attendance and performing this briefing of City Council. Attorney Dan Santee has been involved in the proposed changes and will be available to answer questions. Lej i r, i Ah a a 0 0 A To update the current city ordinance in orde to address: I • Hours of i • Entry upon premises / property • Property owners rights • No soliciting notices SCHHERTZ 1 COMMUNITY OPPORTUNITY 2 To update the current city ordinance i i" to address: I • Age requirements • Soliciting in the Ordinance definitions OPPORTUNITY Improve permitting process COMMUNITY SERVICE SCHHERTZ I 3 • A vast majority of the current Peddlers anA1 Solicitors ordinance has not been updated since 2003. In the past 12 months, there have been 165 Calls for ` in regards to solicitors panhandlers. SCHHERTZ 1 COMMUNITY OPPORTUNITY 4 The current city ordinance is dated, with many defined terms needing to be added: • Aggressive manner • Automated teller facility /machine • Bank • Canvasser i � • � i" COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY5 • Handbill/ Flyer • Panhandle • Parking meter pay station • Peddle Charitable organization OPPORTUNITY Check cashing business COMMUNITY SERVICE SCHHERTZ I 6 Hours of Sol"Ic"Itinx '01 %jr Address hi; and da of ., week in soliciting which is allowed. COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 7 Proposed Hours of Soliciting 2. No soliciting before 9am or after 8pm, 7 days i week. SCHIERTZ I COMMUNITY OPPORTUNITY 8 Entry upon pre i SCHHERTZ I COMMUNITY SERVICE OPPORTUNITY 9 adroperty Owners Right4 im adroperty Owners Right4 SCHIERTZ I OPPORTUNITY 11 adroperty Owners Right4 COMMUNITY SCHHERTZI SERVICE 12 � 2 �� No Notices Recommendation: Remove this section. The city does not issue i Solicitation Notices". SCHIERTZ I 13 COMMUNITY SERVICE UNI U U E3W3M= ; I I I Cwl M M Wo M� COMMUNITY SCHHERTZ 1, API 14 U U E3W3M= ; Current ordinance inot address sponsor responsibility for i` •' solicitors. Recommendation: Add that persons under the age of 18 must have a sponsoring adult present when soliciting. SCHIERTZ I 15 COMMUNITY SERVICE UNI IN 0 Solic"iting in the Roadway •'. Vm m.. �1 i . contribution if authorized i• so by • authority i jurisdiction t • the roadway. SCHHERTZ I 16 COMMUNITY SERVICE UNI Solic"iting in the Roadway •'. OW J 17 IN 0 Solic"iting in the Roadway of ' A& I . m m1mufflmla 1MR94IRTZIMMIft COMMUNITY SERVICE 18 SCHHERTZ I OPPORTUNITY IN 0 Solic"iting in the Roadway Sec. 552.0071. LOCAL AUTHORIZATION FOR SOLICITATION States that a local auti . grant authorization for a person to stand in a roadway ti solicit a charitable contribution as provided by SCHHERTZ I 19 COMMUNITY SERVICE �t I. Solic"iting in the Roadway Sec. 552.0071. LOCAL AUTHORIZATION FOR SOLICITATION . 11 0 10 SCHHERTZ 1 COMMUNITY SERVICE OPPORTUNITY 20 IN 0 Solic"iting in the Roadway Sec. 552.0071. LOCAL AUTHORIZATION FOR SOLICITATION COMMUNITY SERVICE SCHHERTZ 1, OPPORTU NITY 21 uf "Soliciting in the Roadway". NM Wo M� SCHIERTZ I 22 COMMUNITY SERVICE UNI IN 0 Solic"iting in the Roadway Exemptions to the "Soliciting in the y) Roadway • • i include SCHHERTZ 1 COMMUNITY SERVICE I� 23 x 0 dh mimm i' 'i ! i l :i Vii" i! i lolm4urm SCHHERTZ I 24 COMMUNITY SERVICE x 0 dh ■ Recommendation: Within the ordinance, create an offense that right of way adjacent to grocery stores, etc... COMMUNITY SERVICE SCHHERTZ I UNI 25 .7,,er itting Es: IN SCHHERTZ I OPPORTUNITY COMMUNITY 26 Obtain a photocopy of their drivers licens or state I D. I SCHIERTZ I 27 UNI Include a full list of goods or services to be rendered. A description of the vehicle to be use*" during soliciting or peddling. SCHHERTZ I 28 NI or registered sex offenders, fraud, theft offenses, assaults or any kind of violent crime. m Current ordinance requires an applicant t have a Performance Bond if thev intend tj Current ordinance requires a bond in th sum of 1ii li SCHHERTZ I 30 COMMUNITY SERVICE NI Change ordinance where the bond dollar amount exceeds the amount of service or product valu involved. COMMUNITY SERVICE SCHHERTZ I 31 OPPORTUNITY Am 0 Currently, solicitors d• not have to displa their approved soliciting permit. i M&M MM� COMMUNITY SERVICE SCHHERTZ 1, P UNI 32 ®' 1 were, Ah COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 33 Worksession C CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: Planning & Community Development Discussion on Unified Development Code Article 9, Section 21.9.8.B.3; Fences Adjacent to Residential Property and Section 21.9.7.G; Nonresidential and Multifamily Landscape Buffer Requirements Unified Development Code Article 9 provides for the City's site design standards. Within this article are regulations for when a non - residential or multifamily development is being proposed adjacent to a residentially zoned or used property. Specifically, the non - residential or multifamily property is required to construct a screening wall that is to be of a masonry product and a minimum of eight feet (8') in height. In addition to this screening wall, the non - residential or multifamily development is required to install a minimum of twenty feet (20') wide landscape buffer adjacent to the property line of the residentially used or zoned property. This landscape buffer is to be located on the non - residential or multi - family property and is required to have a minimum of one (1) shade tree for each thirty linear feet (30') of buffer and a minimum of ten (10) shrubs for each fifty linear feet (50') of buffer. These requirements are in addition to any other landscaping, screening, or buffering requirements that may be applicable for the development of the lot. The masonry screening wall and landscape buffer requirements for non - residential and multifamily developments were put in place to help mitigate the impact, including light and sound pollution, of the development adjacent to the residential property. The screening wall and landscaping is to provide a visual and audible barrier for the residential property owner from the non - residential or multifamily development. Over the last two years planning staff has received comments from residential property owners, via phone calls and public hearings, both in favor and against the screening and buffering requirements for adjacent non - residential properties. Some of the commentary that has been provided in favor of the screening and buffering requirements are that the screening wall provides for increased safety from the proposed non - residential development, along with increased mitigation from the noise and light that comes with non - residential development. The most prevalent commentary from the existing residential property owners against the screening and buffering requirements is in relation to the masonry wall more than the landscaping. The sentiment conveyed to staff was that the non - residential property had some existing vegetation City Council Memorandum Page 2 and the adjacent residents had grown accustom to seeing the vegetation on the property, and rather than having to look at a masonry wall they would rather see a full landscape screening. With the existing requirements, City staff does not have the ability to review and approve alternative screening or buffering standards. Additionally, the UDC does not provide a provision that allows proposed alternatives to be reviewed by a Board or Commission. Planning staff has been brainstorming a concept for a proposed UDC amendment to allow staff to both evaluate and approve an alternative design standard. To institute this alternative, planning staff would draft and propose a UDC amendment that would allow non - residential and multifamily developers two options on their screening and buffering standards. The first of which would be to install the masonry wall with a lower requirement for landscaping and a reduction in the buffer width. The second option would be to not install the masonry wall, but rather plant a full landscape screening that forms a continuous barrier from the first day the business is open with an increased buffer width. This would allow for areas that a masonry wall doesn't necessarily conform to the adjacent residential aesthetics the ability to still provide buffering and screening in a more aesthetically pleasing way. Additionally planning staff feels that this requirement should only be required between non - residential or multifamily development and residentially zoned property and exclude the provision regarding residentially used property. The UDC requires the in Sec.21.9.8.0 Screening Along Arterial Roadways, the installation of an eight foot (8') tall masonry wall when the side or rear yard of a single- family residential lot abuts a primary or secondary arterial roadway (i.e. Schertz Parkway and FM 3009). This section exempts lots greater than 1 acre in size located in the Residential Agriculture (RA) zoning district. It also provides for screening alternatives that can be requested and approved with the preliminary plat by the Planning and Zoning Commission. The UDC also requires in Sec.21.14.3 the installation of an eight foot (8') tall masonry wall when the rear yard of any non - residential lot abuts a primary or secondary arterial roadway. It is the opinion of planning staff that this requirement should not be changed as this adds to the aesthetics of the streetscape and roadways. Staff has received many comments complementing the appearance and feel of the residential sections of the City's primary and secondary arterials. By receiving additional guidance from the City Council on this topic, staff can do a more thorough review with research on how other cities require screening and buffering from non- residential properties to residential properties. With this guidance and research, planning staff could then proceed forward with a UDC amendment to the screening and buffering requirements to allow for increased flexibility. City Council Memorandum Page 3 Applicable UDC Requirements • UDCArticle 9; Section 21.9.8.B.3 Fences Adjacent to Residential Property — Where any nonresidential or multifamily use, lot or parcel except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a minimum of eight feet (8') in height. The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right - of -way. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use. • UDC Article 9; Section 21.9.7.G Nonresidential and Multifamily Landscape Buffer Requirements — In addition to any screening requirements of section 21.9.8, a nonresidential or multifamily use adjacent to a residential use or residentially zoned property shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. • UDC Article 9; Section 21.9.8.B. C Screening Along Arterial Roadways 1. Requirement Criteria. a. Where subdivisions are platted so that the rear or side yards of single- family residential lots are adjacent to a principal or secondary arterial roadway as described in section 21.14.1, or are separated from a principal or secondary arterial roadway by an alley, the developer shall provide, at its sole expense, a minimum eight foot (8') tall masonry screening wall. All screening shall be adjacent to the right -of -way or property line and fully located on the private lot(s), including columns and decorative features. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right -of -way. b. Parcels or lots one (1) acre or greater in size located in the RA zoning district and used in conjunction with the containment of livestock or farm animals are exempt from the screening wall requirements of this section. City Council Memorandum Page 4 2. Screening Alternatives. An alternative form of screening, in -lieu of the masonry wall, may be approved by the :Planning and Zoning Commission with the Preliminary Plat application. Alternatives that may be considered include: a. a living /landscaped screen in conjunction with decorative metal (e.g., wrought iron) fence sections with masonry columns; b. a combination of berms and living /landscaped screening; c. a combination of berms, decorative masonry walls and living /landscaped screening, either with or without a decorative metal or "FenceCrete" type of fence with masonry columns; or d. some other creative screening alternative may be approved if it meets the spirit and intent of this section, if it is demonstrated to be long- lasting and generally maintenance -free, and if the Planning and Zoning Commission find it to be in the public interest to approve the alternative screening device. 3. Time required for opacity. Any required screening device shall be, or shall achieve, at least six feet (6') in height and at least ninety percent (90 %) opacity within three (3) years of initial installation /planting. 4. Maintenance Easement. A wall /screening maintenance easement at least five feet in width shall be dedicated to the home owners association on the private lot side and adjacent to the entire length of the screening wall or device for maintenance and repair of the screening wall. 5. Installation. The screening /wall /device shall be installed prior to final acceptance of the subdivision public improvements. All landscape materials, if utilized, shall be installed in accordance with section 21.9.7. Failure to properly install all components of a required screening wall or device within the prescribed time frame shall constitute a violation of this UDC, and shall authorize the Public Works Director to refuse acceptance of the subdivision public improvements. 6. Design of Walls. All masonry, wrought iron, steel or aluminum screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City. Use of chain -link, chicken -wire, hog -wire fencing, and any other material similar in appearance and quality is expressly prohibited for meeting the requirements of this section. 7. Height of Screening. The height of required screening devices, including spans between columns, shall be a minimum of six feet (6') and shall be no more than eight feet (8'). Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum height by up to two feet (2') for a total maximum height of ten feet (10') for these features. 8. Other Easements. Screening fences, walls and devices shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any other applicable utility provider(s). • UDC Article 14; Section 21.14.3.G Screening — A masonry screening wall a minimum of eight foot (8') in height shall be provided where the rear yard of any residential or nonresidential lot abuts a Principal or Secondary Arterial. Any masonry screening wall constructed as part of a new residential subdivision shall be constructed of a like and similar City Council Memorandum Page 5 material and color as screening walls in adjacent subdivisions to provide a consistent streetscape. Workshop D CITY COUNCIL MEMORANDUM City Council Meeting: August 7, 2018 Department: City Council Subject: Discussion and possible action regarding the City Council Rules of Conduct and Procedure and City Council Ethics Ordinance BACKGROUND Mayor Carpenter requested staff to place on the next agenda an item for discussion and possible action regarding the City Council Rules of Conduct and Procedure and the City Council Ethics Ordinance. Councilmember Crawford also requested an item for discussion regarding the City Council Rules of Conduct and Procedure relating to the appointment of the Mayor Pro -Tem position. FISCAL IMPACT None RECOMMENDATION Council to discuss and make possible recommendations.