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05-24-2022 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 24, 2022 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively as a tea City Council will hold its regularly scheduled meeting at 6:00 p.m., Tuesday, May 24, 2022, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Michael Dahle) Presentations • Recognition and presentation of certificates to the 4th. Grade Students of Rose Garden Elementary for participation in the Schertz Future Leaders Program. (Mayor /B. Dennis) • Recognition and Check presentation to May's Cancer for proceeds of the "Kick Cancer Pep Rally and 5K Run ". (M. Browne /L. Shrum) Proclamations • Proclamation recognizing Community Action Month. (Mayor /Bobby Deike /Rebecca McHaney) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) May 24, 2022 City Council Agenda Page 1 Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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. I Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of May 10, 2022 (B. Dennis) 2. Resolution No. 22 -R -50 - Consideration and/or action approving a Resolution by the City Council of Schertz, Texas authorizing a Purchase Agreement with Loyal 9 Manufacturing, DBA Sons of Liberty Gun Works, for M4 Long Rifles and accessories. (M. Bane/W. Sutton) 3. Resignations and Appointments to Boards /Commissions /Committees - Consideration and /or action regarding the resignations and appointments to various Boards /Commissions /Committees (Council/B. Dennis) • Resignation of Mr. Dean Weirtz from the Historical Preservation Committee 4. Resolution No. 22 -R -48 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas awarding the contract for landscaping the Cibolo Valley Drive medians to Cutrite Landscaping, and other matters in connection therewith. (B. James /L. Shrum) 5. Resolution No. 22 -R -51 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an amendment to the Professional Services Contract with Raba Kistner, Inc. for the Tri- County Parkway Project to add scope and fees for construction materials sampling and testing. (B. James /K. Woodlee /J. Nowak) May 24, 2022 City Council Agenda Page 2 6. Ordinance No. 22 -M -20 - Consideration and /or action adopting an Ordinance by the City Council of the City of Schertz, Texas setting dates for the end of terms of volunteer members on City Boards, Commissions, and Committees, and requiring new applicants wishing to serve or fill a vacancy be interviewed by the Interview Committee at the same time the City Board conducts their annual interviews. Repealing all ordinances or resolutions or parts of an ordinances or resolutions in conflict with this ordinance; and providing an effective date. (Final Reading) (Interview Committee /S. Edmondson) 7. Ordinance No. 22 -T -21- Consideration and/or action adopting an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the fiscal year 2021 -2022 budget to landscape the Cibolo Valley Drive medians, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. (Final Reading) (B.James /L. Shrum) Discussion and Action Items 8. Ordinance No. 22 -D -22 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing that the Code of Ordinances of the City be amended by revising Chapter 86, Article IV, Section 86 -118 Maximum Limits in School Zones to add a segment of Fairlawn Avenue; and providing an effective date. (First Reading) (B. James /K. Woodlee) 9. Ordinance No. 22 -D -23 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing that the Code of Ordinances of the City be amended by revising Chapter 86, Article V, Section 86 -149 Parking Prohibited to add segments of Fairlawn Avenue; and providing an effective date. (First Reading) (B. James/K. Woodlee) Roll Call Vote Confirmation Workshop 10. Main Street Project - Worksession Discussion regarding the Main Street Project. (M. Browne /B. James) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. . Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) May 24, 2022 City Council Agenda Page 3 • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 20th DAY OF MAY 2022 AT 1:40 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. BRENDA DENNIS 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 2022. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. tf you require special assistance or have a request for sign interpretative services or other services, please call 210 -619 -1030 The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez mmmmmmmmmmmmmmmmmm Councilmember Scagliola — Place 5 Audit Committee Animal Advisory Commission - Alternate Investment Advisory Committee Cibolo Valley Local Government Corporation - Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1. Councilmember — Place 2 (VACANT) Interview Committee for Boards and Commissions Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions TIRZ II Board TIRZ II Board May 24, 2022 City Council Agenda Page 4 Councilmember Heyward — Place 6 Animal Advisory Commission Audit Committee Investment Advisory Committee Main Street Committee Councilmember Brown — Place 7 Main Street Committee Schertz - Seguin Local Government Corporation - Alternate May 24, 2022 City Council Agenda Page 5 Agenda No. 1. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of May 10, 2022 (B. Dennis) BACKGROUND The City Council held a Regular City Council meeting on May 10, 2022. RECOMMENDATION Recommend Approval. Agenda No. 2. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: Police Department Subject: Resolution No. 22 -R -50 - Consideration and /or action approving a Resolution by the City Council of Schertz, Texas authorizing a Purchase Agreement with Loyal 9 Manufacturing, DBA Sons of Liberty Gun Works, for M4 Long Rifles and accessories. (M. Bane /W. Sutton) BACKGROUND The Schertz Police Department provides every Officer in the department with a long rifle for use in the field. Historically, the department has utilized a mixture of different caliber rifles, along with a mixture of department owned rifles and rifles on loan from the federal government. The rifles on loan from the federal government were in used condition upon receiving them, being well -worn and antiquated. Several of these rifles are now non - functioning and in need of repair. Per agreement with the federal government, we cannot make the needed repairs to these rifles to put them back in service. In addition to that, these rifles do not fit in the patrol vehicles due to their length. Based on these challenges, we seek to purchase and provide every Officer with a uniform department owned rifle. In having our own department owned rifles we can modify and repair these rifles as needed, rifle training across the board is consistent when utilizing a uniform weapons platform, and it provides a singular caliber round over having to purchase two different calibers. There is a cost savings in not having to purchase different caliber rifle rounds. There is also a time savings in not having to train on two different rifle platforms, allowing the range staff to focus all training on this specific rifle spec and caliber. The department already has trained rifle armorers for this rifle new rifle platform and being that these rifles were specified to our standards, they will fit our needs and can also be carried within the patrol vehicles. The vendor is a sole source vendor. Sole source document was approved by City of Schertz Purchasing Department. GOAL To provide every Officer in the police department with a uniform department owned rifle for use in the field. COMMUNITY BENEFIT Community safety is improved through a well- equipped and trained Police Department. SUMMARY OF RECOMMENDED ACTION To approve the purchases of 45 rifles and accessories through Loyal 9 Manufacturing. FISCAL IMPACT There is no fiscal impact to the City of Schertz General Fund The department recently received $50,840.00 from the sale of retired 9mm, rifles. These funds, plus an additional $27,156.25 from Federal Seizure Funds will be used to purchase the new rifles, rail mount flashlights, red dot sights and slings. The total cost of this project is $77,996.25. RECOMMENDATION To approve Resolution No. 22-R-50 for the purchase of new rifles for the Schertz Police Department. Attachments 22-R-50 QUOTE 22-R-50 SOLE SOURCE RESOLUTION 22-R-50 EEELUP SQUOTE 11227 Item Qty # _M�pe Number Unit Price Ordered Total Price 1 Sale STREAMLIGHT HL-X STREAMLIGHT HL-X LIGHT RAIL MOUNT $127.00 45 ea $5,715.00 LIGHT RAIL MOUNT KIT KIT 2 Sale 4 Misc. Sale AIMPOINT RDS WITH MOUNT $405.00 45 ea $18,225.00 5 Sale M4-EXO3 CUSTOM M4-EXO3 CUSTOM RIFLE $1,141.25 45 ea $51,356.25 RIFLE KA4EKQ3 11.5SBR/1O.5 RAIL /LFT/ AK4B|CH/AMB| SAFETY/ h8BUSFLIP UP SIGHTS /3M8AGI/ SOFT CASE 6 Sale ` LIFETIME LIFETIME INCLUDING ' $100 45 ea $0.00 WARRANTY WEAR 7 Sale CRITICAL INCIDENT REPLACEMENT FOR ACCIDENT OR O|S $0.00 45 ea $0.00 /ACCIDENT GOV ONLY REPLACkXENT Subtotal: $77,996.25 Sales Tax: $0.00 Total: $77,996.2S February 3, 2022 8:52:34 AM CST Page 1 ofl UZZEM m Im I appreciate your interest in our product(s). Sincerely, WILLIAM PHEBUS L9 Mfg. / Sons of Liberty Gun Works 9856349366 yy�[ia b www.solgw.com V of I DAWK401 # # # VMEREAS, the City of Schertz Police Department desires to purchase forty five (45) M4 Long Rifles, and WHEREAS, the City Council (the "City Council") of the City has determined that it is the best interest of the City to enter into a Purchase Agreement with Loyal 9 Manufacturing, D Sons of Liberty Gun Works, therefore, I Irl 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 • Chapter 5 5 1, 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. ro 11,111i jj� 0 LOYAL 1, MANUFACTURING, B. LIBERTY WORKS, PURCHASE AGREEMENT 50448403.2 A -1 Agenda No. 3. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: City Secretary Subject: Resignations and Appointments to Boards /Commissions /Committees - Consideration and /or action regarding the resignations and appointments to various Boards /Commissions /Committees (Council /B. Dennis) • Resignation of Mr. Dean Weirtz from the Historical Preservation Committee BACKGROUND City Secretary's office received a resignation from Mr. Dean Weirtz who is retiring. Recommendation is to approve the resignation. Agenda No. 4. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution No. 22 -R -48 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas awarding the contract for landscaping the Cibolo Valley Drive medians to Cutrite Landscaping, and other matters in connection therewith. (B. James /L. Shrum) BACKGROUND The City of Schertz and the City of Cibolo partnered to construct a new 0.5 mile (approx.) segment of Cibolo Valley Drive between IH -35 and Old Wiederstein Road. As part of the project the road was widened from 2 lanes to 4 lanes with added turn lanes and two medians that are currently empty with a road base. A landscaping plan was created that includes low -water plants, drip irrigation system, and decorative rock. The plan was reviewed by staff from both cities. Traffic control is also included in the cost due to the need to shut down a lane on either side of the medians during installation. The project is expected to take 12 days barring any weather delays. GOAL Approve Resolution 22 -R -48 to authorize a contract with Cutrite Landscaping to landscape the Cibolo Valley Drive medians. COMMUNITY BENEFIT The medians on Cibolo Valley Drive serve as a gateway to both cities - Schertz and Cibolo - and the landscaping needs to reflect the aesthetic expected from our community. SUMMARY OF RECOMMENDED ACTION Approve Resolution 22 -R -48. FISCAL IMPACT The City put out a request for bids. This was the only firm that responded, but the cost was in line with staff estimates. The contract cost for the landscaping, drip irrigation system, and traffic control is $88,172.99 and will be funded out of Roadway Impact Fees collected for Zone 1. As of April 30, 2022 Zone 1 had $649,944 available for use on applicable projects. RECOMMENDATION Approve Resolution 22 -R -48. Attachments median design median detail RESOLUTION NO. 22 -R -48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AWARDING THE CONTRACT FOR LANDSCAPING THE CIBOLO VALLEY DRIVE MEDIANS TO CUTRITE LANDSCAPING, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Schertz and City of Cibolo partnered to construct Cibolo Valley Drive which added capacity from two (2) lanes to four (4) lanes including turn lanes and raised medians; and WHEREAS, the landscaping costs were not included in the original project scope and city staff subsequently solicited requests for bid to provide landscaping installation services; and WHEREAS, city staff received one bid and after evaluation, determined the bid price fair and from a reputable firm; and WHEREAS, the city has a policy to seek authorization for purchases in excess of $50,000 with a single vendor and the bid totals $88,172.99. • • • .v THAT: Section 1. The City Council hereby authorizes the expenditures in excess of $50,000 and authorizes the contract for landscaping the Cibolo Valley Drive medians to CUTRITE Landscaping for $88,172.99. 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 24" day of May, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) SECTION I SECTION I SECTION 2 SECTION Z SECTION 3 SECTION 4 Revision It_ iiiiiiiiiiiiiiii i Scale _ 7" = 70' P�111111! �Mmllll .ter � � .ter � � �► .ter � .ter �ieVlSlOf'1 �: 1 .. sw 9/14/2021 35' 2.82" 9' 11.2" 17' 0.98" 19' 8.81" i • i • E Lm �mlmr=40 20' 3.98„ L---a- cic>"- i • ■/ • loy C;--arnEi hc) M.aa*l(Jc3n.&a*(Jc3 Nurc>%,E3�ry <& &a* n cl c�..,wa p i n g 19' 11.02" Inc_ 10' 0.42'1 LEGEND COMMON NAME QTY FLOWER, EDIBLE ROSEMARY, TUSCAN BLUE 10 FLOWER, GRASS GRASS, MEXICAN FEATHER 7 - MUHLY, PINE (o FLOWER, PERENNIAL IRIS, BUTTERFLY OR AFRICAN 3 0 LANTANA, Y ELLOW 18 SHRUB, EVERGREEN BROADLEAF _ y AUTUMN SAGE (o QLANTANA,PURPLE 7 S i • i • E Lm �mlmr=40 20' 3.98„ L---a- cic>"- i • ■/ • loy C;--arnEi hc) M.aa*l(Jc3n.&a*(Jc3 Nurc>%,E3�ry <& &a* n cl c�..,wa p i n g 19' 11.02" Inc_ 10' 0.42'1 CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: Engineering Agenda No. 5. Subject: Resolution No. 22 -R -51 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an amendment to the Professional Services Contract with Raba Kistner, Inc. for the Tri- County Parkway Project to add scope and fees for construction materials sampling and testing. (B. James /K. Woodlee /J. Nowak) BACKGROUND City Council awarded the construction contract for the Tri - County Parkway reconstruction project on December 7, 2021. The construction start date was delayed until the contractor had certain construction materials, such as the sanitary sewer pipe, on hand. As construction work began, it became necessary for the City to arrange for construction materials testing for the project. City Staff selected one of the on -call Geotechnical Engineering firms, Raba Kistner, Inc. to arrange for construction materials testing for the project. Initially, a Task Order contract for the materials necessary for the cement stabilization of the "foundation soil" for the new street was created and approved by Staff. This task order was done in this manner so the construction could start and proceed in a timely fashion, while the contractor was still working to refine his overall project construction schedule. The original Task Order scope and fee is $16,300. Based on the overall project construction schedule, a Task Order Amendment was created to cover the other construction materials testing and density testing needed to complete the project. The proposed cost of the additional scope and fees for the proposed amendment is $44,957.00, for a total amended Task Order amount of $66,257.00. As this Task Order Amendment would exceed the $50,000 threshold for the full contract amount, Council approval of the amendment is required. The proposed resolution contains a maximum not to exceed amount approximately 5% higher than the amended Task Order amount to provide for some contingency for the materials testing. GOAL To obtain authorization from City Council to execute an amendment to the Professional Services Agreement with Raba Kistner, Inc. to add scope and fees for construction materials and density testing to complete construction of the Tri - County Parkway reconstruction project. COMMUNITY BENEFIT Construction materials testing is needed to ensure the project complies with the contract documents and City requirements so the resultant street has the service life expected. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 22 -R -51 authorizing an amendment to the Professional Services Contract with Raba Kistner Inc. to add scope and fees for additional construction materials testing for the Tri- County Parkway reconstruction project. FISCAL IMPACT Funding for the proposed increase for the Professional Services Contract is available from the previously allocated Schertz Economic Development Corporation funds provided to the City for the Tri- County Parkway Reconstruction project. Funding would come from the construction contingency currently available for the project. Construction will be as summarized below: Breakdown of Construction Costs Construction Contract Amount Materials Testing (Raba Kistner Amended Task Order) Construction Contingency Total EDC Construction Funding for the Project RECOMMENDATION Authorized Resolution Amount $4,524,163.98 21 -R -129 $69,000.00 22 -R -51 $309,579.02 $4,900,000.00 21 -R -129 Staff recommends approval of Resolution 22 -R -51, authorizing the City Manager to execute and deliver the Amendment to the Agreement with Raba Kistner, Inc. in substantially the form set forth on Exhibit A and to execute further amendments as necessary not to exceed a total expenditure amount of $69,000.00. Attachments Resolution 22 -R -51 Exhibit A RESOLUTION NO. 22 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RABA KISTNER, INC., TOTALING NO MORE THAN $69,000.00, FOR PROFESSIONAL ENGINEERING- RELATED SERVICES ON THE TRI- COUNTY PARKWAY RECONSTRUCTION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, during construction of the Tri- County Parkway Reconstruction project materials sampling and testing are required to verify completed work is in compliance with the construction contract; and WHEREAS, City staff has determined that Raba Kistner, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, Raba Kistner, Inc. is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City has previously entered into a contract with Raba Kistner, Inc. for materials testing associated with the cement treatment activities for the Tri- County Parkway Reconstruction project in the amount of $16,300.00 now needs to amend that contract to add the additional materials testing needed to complete the project; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the contract with Raba Kistner, Inc. in the amount of $48,957.00, to a new contract total of $66,257.00; and WHEREAS the City Council hereby authorizes the City Manager to execute and deliver the Amendment to the Agreement with Raba Kistner, Inc. in substantially the form set forth on Exhibit A and to execute further amendments as necessary not to exceed a total expenditure amount of $69,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS N RN Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amendment to the Agreement with Raba Kistner, Inc. in substantially the form set forth on Exhibit A and to execute further amendments as necessary not to exceed a total expenditure amount of $69,000.00 Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 24 ' day May, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 50077397.1 A -1 This is Task Order No 1 , consisting of 3 pages. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated April 26, 2022 ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: C. Engineer: d. Specific Project (title): e. Specific Project (description) 2. Services of Engineer M City of Schertz Raba Kistner, Inc. Schertz Tri- County Parkway — CTB Testing and Observations Observe and verify specifications for the placement of Cement Treated Base on Tri- County Parkway. A. The specific services to be provided or furnished by Engineer under this Task Order are: Add services for Construction Materials and Observation and Testing Services as provided in Proposal PND22- 019 -01 Attachment I 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is Task Order No 1 , consisting of 3 pages. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated April 26, 2022 ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: C. Engineer: d. Specific Project (title): e. Specific Project (description): 2. Services of Engineer 11111-10i City of Schertz Raba Kistner, Inc. Schertz Tri- County Parkway — CTB Testing and Observations And Construction Materials Testing Observe and verify specifications for the placement of Cement Treated Base on Tri- County Parkway and placement of construction materials. A. The specific services to be provided or furnished by Engineer under this Task Order are: Add services for Construction Materials and Observation and Testing Services as provided in Proposal PND22- 019 -00 Attachment I 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer Provide construction materials observation On a call -out basis and testing services and accompanying reports, as per Proposal PND22- 019 -01 Owner Notice to Proceed As Coordinated S. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: We estimate a budget of $16,300.00 to perform the construction materials testing and observations outlined in the Cost Estimate Breakdown portion of Proposal PND22- 019 -01 Attachment II. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 6. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is to be determined Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 OWNER: By: Print Name: Title ENGINEER: By: _ GOA Print Name: R. Blake Wright, P. E. Title: Associate DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E -Mail Address: Phone: Name: R. Blake Wright, P. E. Title: Associate Address: 211 Trade Center Drive, Suite 300 E -Mail Address: bwright @rkci.com Phone: 830.214.0544 Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Proposal No. PND22- 019 -00 April 26, 2022 John Nowak City of Schertz 10 Commercial Place, Bldg 2 Schertz, Texas 78154 RE: Construction Materials Observation and Testing Services Tri- County Parkway — Asphalt and Concrete Schertz, Texas Dear Mr. Nowak: Thank you for selecting Raba Kistner, Inc. (RKI) as your Construction Materials Testing Company on the Tri- County Parkway Project. Our opinion of probable cost of services for this project is $49,957.00. Our proposed scope of services and estimated item quantities are based upon our interpretation of the project plans and specifications, and are with the aide of the general contractor's schedule. The scope and quantity of services provided will be dependent upon services actually required by you or your representatives. Charges will be assessed only for actual services rendered. All services authorized are requested by you or your representatives in excess of the quantities of observation and testing services shown herein will be charged at the appropriate unit rate for such services. Charges will be invoiced on a monthly basis and will show a summary total of services rendered for each service category. Invoices will be submitted monthly for work in progress in our standard format. All parties hereby agree that this contract upon acceptance will be performable in Comal and Guadalupe Counties, Texas. We appreciate the opportunity of submitting this proposal and look forward to working with you in the development of this project, which will be carried out in accordance with this letter and the following attachments: Attachment Description I Fee Structure and Standard Charges II Fee Estimate Breakdown III Report Distribution List IV Standard Terms and Conditions Please return one signed copy of this letter contract to provide written authorization for our firm to complete work on the services outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Texas 75397 -1037. Proposal No. PND22- 019 -00 April 26, 2022 Very truly yours, Attachments Accepted By: (Signature) (Typed or Printed Name) (Title) (Date) Proposal No. PND22- 019 -00 April 26, 2022 FEE STRUCTURE AND STANDARD CHARGES Proposed Materials and Observation Services for Tri- County Parkway Schertz, Texas Basic Charges Attachment I 1. A vehicle travel charge will be assessed for round trip travel from our office to the project site, material supplier, etc. and back to our office. The charges for travel from our office to the project site and return to our office will be as follows: Travel Time (Round Trip) ...................................... ............................... 0.75 Hour(s) Vehicle Travel Charge ........................................... ............................... $ 15.00 /Trip 2. Service charges are based on the hourly rates stated herein and will be assessed from the time the Engineer or Technician leaves our office until he returns from the project. 3. "Normal" work hours are Monday through Friday between 7:00 a.m. and 6:00 p.m., including travel time to and from the site. Any engineering and /or technical services provided on Saturday, Sunday, Holidays and all work performed outside of "normal" work hours will be charged at an overtime rate multiplier of 1.4 times the hourly rate. Our total cost of services is based upon the assumption most services will be provided during "normal" work hours. Providing an excessive amount of services during days and /or hours requiring overtime rates may significantly increase the total cost of services shown herein. 4. Overtime charges will also be assessed after eight (8) continuous hours of services rendered during "normal" work hours. 5. Minimum 2 hours billed per visit to project site. 6. RKI will utilize the on -site initial field curing facilities provided by the contractor. The cost of providing and maintaining these initial curing facilities is not included in our proposal. Proposal No.:PND22- 019 -00 April 26, 2022 Attachment II RK CMT Estimate Sheet New Braunfels Project Name: Tri- County Parkway CONS Proposal #: PND22- 019 -00 Client: City of Schertz Prepared By: C. Franks Client Contact: John Nowak Revised Date: 4/25/2022 Client Phone: 210.380.5574 Project Location: Corridor Parkway FM 3009 Client Email: jnowak @schertz.com TESTING /OBSERVATION ITEM ESTIMATED UNIT UNIT PRICE UNIT TOTAL SUBTOTAL QUANTITY CONCRETE Laboratory Testing Concrete Compressive Strength Cylinders 285 each $ 19.00 $ 5,415.00 Field Testing /Observation Materials Technician 116 hour $ 48.00 $ 5,568.00 Materials Technician (overtime) 0 hour $ 62.40 $ - Vehicle Travel Charge 32 trip $ 15.00 $ 480.00 Concrete Cores each $ 100.00 $ Coring Rig Rental trip $ 150.00 $ Pick up Test Specimen 25 each $ 49.00 $ 1,225.00 $12,688.00 ASPHALT Laboratory Testing Bag Sample (Burn, Gradation, A/C content, Molding Specimens, Laboratory Density 43 each $ 437,00 $ 18,791.00 of Molded Specimens, Stability Test, Hveem, Maximum Theoretical Specific Gravity) Density of Asphalt Cores each $ 104.00 $ - Field Testing /Observation Materials Technician 240 hour $ 53.00 $ 12,720.00 Materials Technician (overtime) 60 hour $ 62.40 $ 3,744.00 Vehicle Travel Charge 30 trip $ 15.00 $ 450,00 In -Place Nuclear Densities each $ $ Nuclear Density Gauge Rental (ASTM D 2950) 30 trip $ 26.00 $ 780.00 $ 36,485.00 PROJECT ADMINISTRATION Project Engineer (P.E.) - Geotechnical /Materials Engineer 4 hour $ 179.00 $ 716.00 Engineering Tech hour $ 48.00 $ - Vehicle Trip Charge trip $ 15.00 $ Project Coordination 1 hr $ 68.00 $ 68.00 Fee Subtotal $ 784.00 49,957.00+ TOTAL ESTIMATED FEE 49,957.00 Proposal No. PND22- 019 -00 April 26, 2022 Project Name: Client Project No.: _ Invoicing Information: Company Name: Address: Purchase Order No.: Attachment III Attention: Please provide required report distribution (hard copies can be provided upon request): Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: Contact: Company: Phone No.: Email: r , STANDARD TERMS AND CONDITIONS 1. DEFINITIONS. the location of all underground utilities and other structures in the vicinity of RK borings or excavations. RK will not accept responsibility 1.1 RK. Raba Kistner, Inc., and / or one of its subsidiaries and will not be liable for affecting or damaging any underground (Project Control of Texas, Inc. or PC Sports, Inc.) that is utility, underground storage tank, or other subsurface condition not being engaged to provide the services to CLIENT in previously identified and located, or improperly located, by the connection with the delivery of the proposal to which CLIENT, a utility, or a utility locating agency. these Standard Terms and Conditions relate. 4. SITE ACCESS AND SITE SAFETY. CLIENT shall provide right -of -entry to 1.2 CLIENT. Person, entity or organization for which RK is the buildings and sites which are the subjects of RK's services. CLIENT rendering services regarding the Project. represents that it possesses authority for such right -of -entry and that the building /site operator(s) possess the necessary permits and 1.3 PROJECT. The activity, venture, plan, building, site or licenses for current activities at the site. RK shall be responsible for investigation for which CLIENT has engaged RK to supervision and site safety measures of its own employees and provide professional services. subconsultants, but shall not be responsible for the supervision or health and safety precautions of any other parties, including CLIENT, 1.4 CONTRACTOR. Person, entity or organization providing CLIENT's contractors, subcontractors, or other parties present at the construction services, including labor and material for site. the Project. 5. SUBSURFACE EXPLORATIONS. Subsurface conditions throughout the 1.5 SERVICES. The professional services to be performed by site may vary from those depicted on logs of discrete borings, test RK as set forth in the proposal or Agreement to which pits, or other exploratory services. CLIENT understands RK's layout of the Standard Terms and Conditions are attached. boring and test locations is approximate and that RK may deviate a reasonable distance from those locations. RK will take reasonable 1.6 AGREEMENT. RK's proposal accepted by CLIENT and precautions to reduce damage to the site when performing services; these Standard Terms and Conditions which are however, CLIENT accepts that invasive services such as drilling, or incorporated into and made a part of the Agreement. sampling may damage or alter the site. Site restoration is not provided unless specifically included in the scope of services. 2. SERVICES. RK is being engaged by the CLIENT to render professional services ( "Services ") involving only RK's 6. CHANGED CONDITIONS. If, during the term of this Agreement, advice, judgment and opinion. RK may subcontract all or circumstances or conditions that were not originally contemplated by a portion of the Services performed hereunder. RK shall or known to RK are uncovered or revealed, to the extent that they apply professional judgment in determining the extent affect the scope of services, compensation, schedule, allocation of to which RK complies with any given standard identified risks or other material terms of this Agreement, RK may require in RK's instruments of professional services. CLIENT renegotiation of appropriate portions of this Agreement. RK shall expressly acknowledges that RK makes no warranties or notify the CLIENT of the changed conditions necessitating guarantees, expressed or implied, regarding the renegotiation, and RK and the CLIENT shall promptly and in good faith Services. attempt to renegotiate the terms of the agreement affected by the changed conditions. If changes cannot be agreed to with respect to 3. INFORMATION PROVIDED BY CLIENT. CLIENT may the changed conditions, the parties shall utilize the Dispute provide or direct RK to utilize or rely upon certain Resolution /Litigation procedures in this Agreement. information ( "CLIENT Information ") in the performance of RK's services. RK shall be entitled to rely upon such 7. TESTING AND OBSERVATIONS. CLIENT understands that testing and CLIENT Information. RK will not conduct an independent observation are discrete sampling procedures, and that such evaluation of the accuracy or completeness of such procedures indicate conditions only at the depths, locations, and CLIENT Information and shall not be responsible for any times the procedures were performed. RK will provide test results errors or omissions in such information. RK's report, as and opinions based on tests and field observations only for the work well as any recommendations, findings, and conclusions tested. CLIENT understands that testing and observation are not made by RK, are dependent on information received continuous or exhaustive and are conducted to reduce – not from CLIENT. Changes or modifications to the eliminate – project risk. CLIENT agrees to the level or amount of information provided by CLIENT can affect RK's testing performed and the associated risk. CLIENT is responsible evaluation, recommendations, findings and conclusions, (even if CLIENT delegates such responsibility to Contractor) for and CLIENT agrees —as a material term of this notifying and scheduling RK to perform these services. RK shall not Agreement —to notify RK immediately, in writing, if be responsible for the quality and completeness of contractor's work CLIENT becomes aware of any such changes or or Contractor's adherence to the project plans, specifications and modifications, including changes to the size, scope, other related documents. RK's performance of testing and location, or other material characteristics of CLIENT's observation services shall not relieve Contractor in any way from project. The CLIENT shall be responsible for providing responsibility for defects discovered in Contractor's work or create a Page 1 of 4 Legal \A5954\ 397228 \4819- 8923- 4614.v3- 9/24/20 ADM100 warranty or guarantee on the part of RK. CLIENT or a cause of action in the favor of any third party against either RK acknowledges that RK will not supervise or direct the or CLIENT. If CLIENT provides a copy of any report prepared by RK to work performed by Contractor or its subcontractors and others, it shall advise the recipient that the information contained in is not responsible for their means and methods. the report is provided for information only and is not to be relied upon by third parties. 8. ESTIMATE OF FEES FOR SERVICES. If included as part of RK's proposal, RK will, to the best of its ability, perform 12. LEED PROJECTS. Unless specifically addressed elsewhere in this the scope of services within the proposed fee estimate agreement, RK has no responsibility or liability, including duty to provided by RK. RK's proposal fees are based upon an defend or duty to indemnify, any party (including but not limited to estimate of the services required to meet the CLIENT, owner, owner's agents, architects, engineers, contractors, specifications for the project and following generally construction managers, subcontractors) for the LEED certification accepted engineering practices. The CLIENT recognizes process including: developing, producing, or retaining any that unforeseen circumstances along with changes in documentation relating to the calculation of LEED points; and scope and project /contractor's schedules can influence attainment of LEED certification points or LEED ratings. the successful completion of the scope of services within the estimated proposed fees. Because Contractor has 13. STANDARD OF CARE. RK shall perform its professional services in sole control over the project and determines the means accordance with the standard of care and diligence normally and methods used to build /construct the project, RK's practiced by professional firms in performing services of a similar service fees are estimates and not lump sum or nature, in the same locality, under similar circumstances. CLIENT guaranteed maximum fees. The CLIENT is fully expressly acknowledges that RK makes no other warranties or responsible for payment for all services provided, guarantees, expressed or implied, regarding its professional services including retests of areas or samples that failed to meet or its work product. Project specifications. The Estimate of Fees is valid for a period of 60 days after RK's proposal is submitted to 14. RISK ALLOCATION. RK will be responsible only for its own work, and CLIENT. If RK's proposal is not accepted by CLIENT within that of its sub - consultants, and not for defects in the work designed 60 days after it is submitted to CLIENT, RK may modify or built by others. the Estimate of Fees. 15. LIMITATION OF LIABILITY. CLIENT AND RK HAVE EVALUATED THE 9. REPORTS. RK may provide CLIENT with written reports RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING in connection with the Services performed. Such reports RK'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO will present such findings and conclusions as RK may ALLOCATE CERTAIN OF THE RISKS SO, TO THE FULLEST EXTENT reasonably make with the information gathered while PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RK (AND performing its services and provided by CLIENT. The ITS RELATED ENTITIES, EMPLOYEES, OWNERS, AGENTS, AND reports may be copied for inclusion in other documents REPRESENTATIVES) TO CLIENT (AND THIRD PARTIES GRANTED related to the project provided they are reproduced in RELIANCE ON RK'S WORK PRODUCT, OR OTHERWISE SEEKING their entirety. Reports and other instruments of service RECOVERY UNDER THIS AGREEMENT) IS LIMITED TO THE GREATER are prepared for, and made available for, the sole use of OF $100,000ORTHE FEE PAID RK UNDER THIS AGREEMENT, FORANY the CLIENT, and the contents thereof may not be used or AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES relied upon by others without the express written (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF RK'S authorization of RK. Any unauthorized use or SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE distribution of RK's reports shall be at the CLIENT's sole THEORY OF LIABILITY. risk and without liability to RK. 16. CONSEQUENTIAL DAMAGES. Neither CLIENT nor RK will be liable to 10. TOXIC AND HAZARDOUS MATERIALS. CLIENT shall the other for any special, consequential, indirect, incidental or penal provide RK with all information within CLIENT's losses or damages of any kind, nor will CLIENT or RK be liable to the possession or knowledge related to the potential or other for losses, damages, or claims, regardless of how defined, presence of toxic or hazardous materials or pollutants at related to: lost profits; unavailability of property or facilities; the Project site. CLIENT agrees that RK neither created shutdowns or service interruptions; loss of use, revenue, opportunity, nor contributed to the creation or existence of any toxic or inventory; use charges, carrying costs, cost of substitute facilities, or hazardous materials or pollutants. In no event shall goods, or services; cost of capital, or claims of any other party and /or RK be required to sign a hazardous waste manifest or its customers. take ownership of any toxic or hazardous materials or pollutants. If unanticipated toxic or hazardous materials 17. SUSPENSION OF SERVICES. If CLIENT fails to make payments when or pollutants are encountered while RK is performing its due or otherwise is in breach of this Agreement, RK may suspend services, RK reserves the right to stop field operations performance of services upon seven (7) calendar days' notice to and notify CLIENT and CLIENT assumes responsibility to CLIENT. RK shall have no liability whatsoever to CLIENT for any costs notify appropriate regulatory agencies. RK and CLIENT or damages as a result of such suspension. Upon payment in full by must mutually agree to remobilize. CLIENT, RK may resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to 11. NO THIRD -PARTY BENEFICIARIES. The services and any compensate for the period of suspension plus any other reasonable report(s) prepared under this Agreement are for the sole time and expense necessary for RK to resume performance. Payment benefit and sole use of CLIENT and are not for the use of of invoices shall not be subject to any discounts or set -offs by CLIENT any other party or person. Only CLIENT may rely upon unless agreed to in writing by RK. Payment to RK for services the services and any report or work product. Nothing in rendered and expenses incurred will be due and payable regardless this Agreement, or any subsequent amendments or of any subsequent suspension or termination of this Agreement by modifications, or in any report issued under this either party. CLIENT shall not make any changes to RK's banking and Agreement, shall create a contractual relationship with deposit information or payment instructions unless CLIENT Page 2 of 4 Legal \A5954\ 397228 \4819- 8923- 4614.v3- 9/24/20 ADM100 communicates the requested changes to RK orally and in DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE writing and obtains written confirmation from an RK ATTORNEYS' FEES, DEFENSE COSTS, AND COURT COSTS) ARISING officer that the requested changes are legitimate and FROM, OR ALLEGEDLY ARISING FROM, OR IN ANY WAY CONNECTED authorized by RK. If CLIENT makes a payment to a third WITH, THE UNAUTHORIZED REUSE OR MODIFICATION OF THE party instead ofto RK based on an unauthorized request DOCUMENTS BY CLIENT OR ANY PERSON OR ENTITY THAT to CLIENT for a change to RK's banking and deposit ACQUIRES OR OBTAINS THE DOCUMENTS FROM OR THROUGH information or payment instructions and without CLIENT WITHOUT THE WRITTEN AUTHORIZATION OF RK obtaining written confirmation of the change from RK, REGARDLESS OF WHETHER SUCH CLAIMS, DEMANDS, OR ACTIONS CLIENT will remain liable to RK for payment of the ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED NEGLIGENCE amount of the unauthorized payment. OF RK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR CONSULTANTS. 18. WAIVER OF SUBROGATION. To the extent damages are Parties other than CLIENT and RK may apply to use an instrument, covered by property insurance, or any other available using a form prepared by RK for that purpose. Others' use of an insurance coverage, CLIENT and RK waive all rights instrument shall be permitted only when CLIENT and RK both so agree; against each other and against the contractors, either shall have the right to forbid use by others. In addition, RK shall consultants, agents and employees of the other for make its permission contingent upon the satisfaction of certain damages. CLIENT agrees that CLIENT shall procure or conditions when, in RK's professional judgment, such a contingency is cause to be procured builder's risk insurance or other necessary. property insurance for its project. RK and CLIENT waive all rights against each other and any of their consultants, 20. DISPUTE RESOLUTION /LITIGATION. All claims, disputes, and other contractors, subcontractors, sub - subcontractors, agents, controversies between RK and CLIENT arising out of, or in any way and employees, for damages caused by fire, flood, or related to, the services provided by RK shall be submitted to other causes of loss to the extent covered by CLIENT's or mediation, before and as a condition precedent to, other remedies CLIENT's Contractor's builder's risk insurance, or other provided by law. Any litigation related to the Agreement or RK's available insurance coverage. The policies shall provide performance of its professional services shall be commenced in a court waivers of subrogation by endorsement or otherwise. in Bexar County, Texas. CLIENT consents to personal jurisdiction in CLIENT shall require of its contractors, consultants, the State of Texas and agrees that venue of any litigation shall be in agents and employees similar waivers in favor of RK and Bexar County, the county where RK's principal place of business is its subconsultants. A waiver of subrogation shall be located. CLIENT waives any objection to personal jurisdiction in Texas effective as to a person or entity even though that or to venue in Bexar County. The prevailing party in such litigation will person or entity would otherwise have a duty of be entitled to recover all court costs, attorneys' fees, and other legally indemnification, contractual or otherwise, did not pay recoverable claim- related expenses. As a condition precedent to the insurance premium directly or indirectly, and mediation and / or litigation related to any claim arising out of the whether or not the person or entity had an insurable services provided under this Agreement, CLIENT shall obtain a written interest in the property damaged. affidavit from a registered, independent, and reputable professional engineer describing any error, omission or other act by RK that 19. OWNERSHIP OF DOCUMENTS. RK's reports, drawings, allegedly failed to comply with the professional standard of care plans, specifications, and other documents and applicable to RK's performance of services and provide such affidavit deliverables are instruments of professional service to RK. The affidavit shall comply with the requirements of Texas Civil ( "Instruments of Service') developed by RK in Practice & Remedies Code Chapter 150. contemplation of a wide array of project- specific variables, including how the documents will be used and 21. TERMINATION OF CONTRACT. CLIENT and RK may terminate RK's by whom. RK shall be the author, owner and custodian services at any time upon ten (10) calendar days' written notice. In of the Instruments of Service, and shall retain all the event of termination, CLIENT agrees to fully compensate RK for common law, statutory, and other reserved rights, services performed including reimbursable expenses through the including copyright. By execution of this Agreement, RK termination date, as well as reasonable demobilization expenses. RK grants to CLIENT a limited, nonexclusive license to use will terminate its services without waiving any claims against or the Instruments of Service for purposes of constructing, incurring any liability to CLIENT. using, and maintaining the project for which the services are performed, provided CLIENT substantially performs 22. STATUTE OF LIMITATIONS. Any applicable statute of limitations will its obligations, including prompt payment of all sums commence to run and any cause of action shall be deemed to have when due, under this agreement. accrued not later than the earlier of the following: (1) the date of the report issued by RK giving rise to the cause of action; (2) the date on Upon completion of the services, and payment in full of which RK issues its last report under this Agreement; or (3) if RK is all monies due RK, CLIENT may retain copies of all such retained to perform construction observation, the date of substantial documents. THE INSTRUMENTS OF SERVICE ARE NOT completion of the project. INTENDED NOR REPRESENTED TO BE SUITABLE FOR REUSE ON EXTENSIONS, MODIFICATIONS, OR 23. FORCE MAJEURE. Neither party shall be liable in damages or have ADAPTATIONS OF THE PROJECT, OR ANY OTHER the right to terminate this Agreement for any delay or default in PROJECT. ANY REUSE OF SUCH DOCUMENTS, WITHOUT performing hereunder if such delay or default is caused by conditions WRITTEN VERIFICATION OR ADAPTATION BY RK FOR beyond its control ( "Force Majeure") including, but not limited to THE SPECIFIC PURPOSE INTENDED, WILL BE AT CLIENT'S Acts of God, Government restrictions (including the denial or SOLE RISK WITHOUT LIABILITY OR LEGAL EXPOSURE TO cancellation of any export or other necessary license), wars, RK. CLIENT AGREES, TO THE FULLEST EXTENT insurrections and /or any other cause beyond the reasonable control PERMITTED BY LAW, TO INDEMNIFY, DEFEND, AND of the party whose performance is affected. Force Majeure may not HOLD HARMLESS RK, ITS OFFICERS, DIRECTORS, be claimed as a cause for delay in payment of money due and payable EMPLOYEES, AND CONSULTANTS AGAINST ALL CLAIMS, hereunder. Page 3 of 4 Legal \A5954\ 397228 \4819- 8923- 4614.v3- 9/24/20 ADM100 24. NO ASSIGNMENT. Neither RK nor CLIENT shall assignor transfer its interest in this Agreement without the express written consent of the other. 25. SEVERABILITY. Each provision of this Agreement is intended to be severable. If any terms or provisions of this agreement shall be held to be invalid, illegal, or unenforceable for any reason whatsoever, the validity, legality, and enforceability of the remaining provisions hereof shall remain in full force and effect and shall not in any way be affected or impaired thereby. Moreover, to the maximum extent allowed by law, the Parties hereto stipulate that any offending provisions will be modified or altered, as necessary, so as to give such provisions the maximum permissible effect and application intended. 26. ENTIRE AGREEMENT. This Agreement, and all of its attachments, constitutes the entire, integrated Agreement between the Parties to it, and this Agreement supersedes all other Agreements, oral or written between the Parties, concerning the subject set forth in this Agreement. This Agreement may not be amended except in writing, with that amendment being signed by both Parties. Page 4 of 4 Legal \A5954\ 397228 \4819- 8923- 4614.v3- 9/24/20 ADM100 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer Provide construction materials observation On a call -out basis and testing services and accompanying reports, as per Proposal PND22- 019 -01 Owner Notice to Proceed As Coordinated S. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: We estimate a budget of $16,300.00 to perform the construction materials testing and observations outlined in the Cost Estimate Breakdown portion of Proposal PND22- 019 -01 Attachment II. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 6. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is to be determined Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 OWNER: ENGINEER: By: By: Print Name: Print Name: R. Blake Wright, P. E. Title: Title: Associate DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNAT Name: Name: Title: Title: Address: Address: E -Mail E -Mail Address: Address: Phone: Phone: ED REPRESENTATIVE FOR TASK ORDER: R. Blake Wright, P. E. Associate 211 Trade Center Drive, Suite 300 bwright @rkci.com 830.214.0544 Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Proposal No. PND22- 019 -01 April 26, 2022 John Nowak City of Schertz 10 Commercial Place, Bldg 2 Schertz, Texas 78154 RE: Construction Materials Observation and Testing Services Tri- County Parkway — Cement Treated Base Schertz, Texas Dear Mr. Nowak: Thank you for selecting Raba Kistner, Inc. (RKI) as your Construction Materials Testing Company on the Tri County Parkway Project. Our opinion of probable cost of services for this project is $16,289.00. Our proposed scope of services and estimated item quantities are based upon our interpretation of the project plans and specifications, and are with the aide of the general contractor's schedule. We propose to perform only one cement - treated base (CTB) Proctor and associated strength tests once per week or any time there appears to be a material change. The scope and quantity of services provided will be dependent upon services actually required by you or your representatives. Charges will be assessed only for actual services rendered. All services authorized are requested by you or your representatives in excess of the quantities of observation and testing services shown herein will be charged at the appropriate unit rate for such services. Charges will be invoiced on a monthly basis and will show a summary total of services rendered for each service category. Invoices will be submitted monthly for work in progress in our standard format. All parties hereby agree that this contract upon acceptance will be performable in Comal and Guadalupe Counties, Texas. We appreciate the opportunity of submitting this proposal and look forward to working with you in the development of this project, which will be carried out in accordance with this letter and the following attachments: Attachment Description I Fee Structure and Standard Charges II Fee Estimate Breakdown III Report Distribution List IV Standard Terms and Conditions Please return one signed copy of this letter contract to provide written authorization for our firm to complete work on the services outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Texas 75397 -1037. Proposal No. PND22- 019 -01 April 26, 2022 Very truly yours, Attachments Accepted By: (Signature) (Typed or Printed Name) (Title) (Date) Proposal No. PND22- 019 -01 April 26, 2022 FEE STRUCTURE AND STANDARD CHARGES Proposed Materials and Observation Services for Tri- County Parkway — Cement Treated Base Schertz, Texas Basic Charges Attachment I 1. A vehicle travel charge will be assessed for round trip travel from our office to the project site, material supplier, etc. and back to our office. The charges for travel from our office to the project site and return to our office will be as follows: Travel Time (Round Trip) ...................................... ............................... 0.75 Hour(s) Vehicle Travel Charge ........................................... ............................... $ 15.00 /Trip 2. Service charges are based on the hourly rates stated herein and will be assessed from the time the Engineer or Technician leaves our office until he returns from the project. 3. "Normal" work hours are Monday through Friday between 7:00 a.m. and 6:00 p.m., including travel time to and from the site. Any engineering and /or technical services provided on Saturday, Sunday, Holidays and all work performed outside of "normal" work hours will be charged at an overtime rate multiplier of 1.4 times the hourly rate. Our total cost of services is based upon the assumption most services will be provided during "normal" work hours. Providing an excessive amount of services during days and /or hours requiring overtime rates may significantly increase the total cost of services shown herein. 4. Overtime charges will also be assessed after eight (8) continuous hours of services rendered during "normal" work hours. 5. Minimum 2 hours billed per visit to project site. 6. RKI will utilize the on -site initial field curing facilities provided by the contractor. The cost of providing and maintaining these initial curing facilities is not included in our proposal. Proposal No.: PND22- 019 -01 Date: April 26, 2022 Attachment II RK CMT Estimate Sheet New Braunfels Project Name: Tri County Parkway - CTB Testing Proposal #: PND22- 019 -01 Client: City of Schertz Prepared By: C. Franks Client Contact: John Nowak Revised Date: 4/25/2022 Client Phone: 210.380.5574 Project Location: Corridor Parkway FM 3009 Client Email: jnowak @schertz.com TESTING /OBSERVATION ITEM ESTIMATED UNIT UNIT PRICE UNIT TOTAL SUBTOTAL! QUANTITY SOILS Laboratory Testing Preparation Time 8 hour $ 48.00 $ 384.00 Moisture Density Relationship, TxDOT or ASTM 8 each $ 260.00 $ 2,080.00 Cement Series Curve 1 set $ 472.00 $ 472.00 Molding /Breaking Stregth Samples 15 each $ 112.00 $ 1,680.00 Atterberg Limits 8 each $ 83.00 $ 664.00 Sieve Analysis 8 each $ 83.00 $ 664.00 Field Testing /Observation Nuclear Density Gauge Rental 35 trip $ 26.00 $ 910.00 Field Gradation 4 each $ 83.00 $ 332.00 Materials Technician 140 hour $ 48.00 $ 6,720.00 Materials Technician (overtime) 0 hour $ 74.20 $ - Vehicle Travel Charge 35 trip $ 15.00 $ 525.00 $114,431.00 PROJECT ADMINISTRATION Project Engineer (P.E.) - Geotechnical /Materials Engineer 10 hour $ 179.00 $ 1,790.00 Engineering Tech hour $ 48.00 $ Vehicle Trip Charge trip $ 15.00 $ Project Coordination 1 hr MOO $ 68.00 $ 1,858.80' Fee Subtotal 16,289.80: TOTAL ESTIMATED FEE $ 16,289.00 Agenda No. 6. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: City Secretary Subject: Ordinance No. 22 -M -20 - Consideration and /or action adopting an Ordinance by the City Council of the City of Schertz, Texas setting dates for the end of terms of volunteer members on City Boards, Commissions, and Committees, and requiring new applicants wishing to serve or fill a vacancy be interviewed by the Interview Committee at the same time the City Board conducts their annual interviews. Repealing all ordinances or resolutions or parts of an ordinances or resolutions in conflict with this ordinance; and providing an effective date. (Final Reading) (Interview Committee /S. Edmondson) BACKGROUND Currently, with Ordinance 12 -M -33, all Boards, Commissions and Committees have May 31st expiration term date. If a current volunteer wished to continuing serving on a Board, Commission or Committee, their reappointment was approved without going through an interview process. The Interview Committee met on March 21 st, 2022 to discuss all the Boards, Commissions Committees: May 31 st expiration term date. The Interview Committee recommends changing the Boards, Commissions, and Committees to a different ending term date. The Boards, Commissions and Committees will have an expiration term ending date of either: June 30th, September 30th or March 31 st. GOAL With community interest on serving on a City of Schertz Board, Commission or Committee, the Boards, Commissions, and Committees will have different expiration dates. COMMUNITY BENEFIT Citizens who apply to volunteer on City of Schertz Boards, Commissions or Committees will have an opportunity to be interviewed when yearly terms expire. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Ordinance No. 22 -M -20. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends approval of Ordinance 22 -M -20. Attachments Expiration. Term Dates Ord. 22 -M -20 EXHIBIT ' ; BOARDS, COMMISSIONS AND COMMITTEES YEAR: 2022 2022 2023 2023 CURRENT: NEW: CURRENT: NEW: JUNE 2022: EXP DATE: MAY 2025 EXP: WILL JUNE 2023 -INTERVIEW IN 1 -MONTH EXTENTION MAY 2022 EXPIRATIONS EXTENDED TO JUNE 2022 WILL INTERVIEW: MAY EXTEND TO JUNE 2023 MAY 2023 2022 Jun -22 BOARD OF ADJUSTMENTS Jun -22 LIBRARY Jun -22 PLANNING AND ZONING Jun -22 CAPITAL IMPROVEMENT ADVISORY COMMITTEE SEPTEMBER 2022: EXP MAY 2023 EXP: WILL SEPTEMBER 2025 EXP: 4- MONTH MAY 2022 EXPIRATIONS EXTENDED TO SEPTMENBER DATE: WILL INTERVIEW: EXTEND TO SEPTEMBER INTERVIEW IN AUGUST EXTENTION 2022 AUGUST 2022 2023 2023 Sep -22 BUILDING AND STANDARDS' Sep -22 ECONOMIC DEVELOPMENT CORPORATION Sep -22 PARKS MARCH 2025: EXP DATE RC 2024 EXP: Y 20 EXP: WILL 10 -MONTH EXTENTION MAY 2022 EXPIRATIONS EXTENDED TO MARCH 2025 WILL INTERVEIW INTERVIEW IN FEBRUARY EXTEND TO 0 202 FEBRUARY 2023 ;2 24 Mar -23 TIRZ Mar -23 HISTORICAL Mar -23 TSAC ORDINANCE NO. 22 -M -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SETTING EXPIRATION DATES FOR THE END OF TERMS OF VOLUNTEER MEMBERS OF CITY BOARDS, COMMISSIONS, AND COMMITTEES, AND REQUIRING NEW APPLICANTS WISHING TO SERVE OR FILL A VACANCY BE INTERVIEWED BY THE INTERVIEW COMMITTEE AT THE SAME TIME THE CITY BOARD CONDUCTS THEIR ANNUAL INTERVIEWS. REPEALING ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Schertz, Texas (the "City ") has established the various Boards, Commissions, and Committees set forth in Ordinance No. 22 -M -20 and incorporated herein (collectively, the "Boards "), which Boards are composed of volunteer members; and WHEREAS, currently, the terms for the members of each of the Boards ends on May 31st of the year in which the applicable volunteer members' term expires; and WHEREAS, the Interview Committee met on March 21, 2022 to discuss the expiration dates of all the Boards; and to discuss the process of appointments and reappointments of volunteer members; and WHEREAS, the end date of the terms of the members of each of the Boards is hereby changed to one of the following: June 30t'', September 30', or March 315. See Exhibit A WHEREAS, volunteer members who term expires must resubmit an application to remain on the board and new applicants go through an interview process. See Exhibit B NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Chair of the Board and the Volunteer Member will be notified by the City Secretary's Office that the volunteer member's term is expiring in approximately 45 days and if the volunteer member wishes to be reappointed, the volunteer member will need to resubmit an application to be reappointed to the Board they wish to serve on. Section 2. If there are new applications from citizens wishing to serve or fill a vacancy, they will be interviewed by the Interview Committee at the same time the interviews for that Board, Commission or Committee are to be scheduled. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances, resolutions, and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 10' of May, 2022. PASSED, APPROVED and ADOPTED ON SECOND READING, the 24 ' day of May, 2022. ATTEST: Ralph Gutierrez, Mayor City Secretary, Brenda Dennis City Seal 10:4 11AIIr_1 The Interview Committee met on March 21, 2022 to discuss the expiration dates of all the Boards. The following changes are recommended: I. The Boards, Commissions and Committees will have different expiring term dates for the volunteer members. 2. The following Boards will have a June 30t' term expiration date: Board of Adjustments Planning and Zoning Library Advisory Board Capital Improvement Advisory Committee 3. The following Boards will have a September 30t'' term expiration date: Schertz Economic Development Corporation Building and Standards Commission Parks and Recreation Advisory Board 4. The following Boards will have a March 31s` term expiration date: Reinvestment Zone Number Two Committee Schertz Historical Preservation Committee Transportation and Safety Advisory Committee See attached spreadsheet. EXHIBIT B- Interview Process The Interview Committee met on March 21, 2022 to discuss the process of appointments and reappointments of volunteer members. The Chair of the Board and the Volunteer Member will be notified by the City Secretary's Office that the volunteer member's term is expiring in approximately 45 days and if the volunteer member wishes to be reappointed, the volunteer member will need to resubmit an application to be reappointed to the Board they wish to serve on. 2. If there are new applications from citizens wishing to serve or fill a vacancy, they will be interviewed by the Interview Committee at the same timeframe the interviews for that Board, Commission or Committee are to be scheduled. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: City Secretary Agenda No. 7. Subject: Ordinance No. 22 -T -21- Consideration and/or action adopting an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the fiscal year 2021 -2022 budget to landscape the Cibolo Valley Drive medians, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. (Final Reading) (B.James /L.Shrum ) BACKGROUND The City of Schertz and the City of Cibolo partnered to construct a new 0.5 mile (approx.) segment of Cibolo Valley Drive between IH -35 and Old Wiederstein Road. As part of the project the road was widened from 2 lanes to 4 lanes with added turn lanes and two medians that are currently empty with a road base. A landscaping plan was created that includes low -water plants, drip irrigation system, and decorative rock. The plan was reviewed by staff from both cities. Traffic control is also included in the cost due to the need to shut down a lane on either side of the medians during installation. The project is expected to take 12 days barring any weather delays. GOAL Approve Ordinance 22 -T -21 to authorize an adjustment to the fiscal year 2021 -2022 budget to landscape the Cibolo Valley Drive medians. COMMUNITY BENEFIT The medians on Cibolo Valley Drive serve as a gateway to both cities - Schertz and Cibolo - and the landscaping needs to reflect the aesthetic expected from our community. SUMMARY OF RECOMMENDED ACTION City Council approved this on first reading at their meeting of May 10, 2022. Staff recommends approval of Ordinance 22 -T -21 on final reading. FISCAL IMPACT The contract cost for the landscaping, drip irrigation system, and traffic control is $88,172.99 and will be funded out of Roadway Impact Fees collected for Zone 1. As of April 30, 2022 Zone 1 had $649,944 available for use on applicable projects. RECOMMENDATION Staff recommends City Council approve Ordinance 22 -T -21 on final reading. Attachments CVD Medians Budget Amendment ORDINANCE NO. 22 -T -21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 -2022 BUDGET TO LANDSCAPE THE CIBOLO VALLEY DRIVE MEDIANS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 21 -T -38, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2021 -2022 (the "Budget), which provides funding for the City's operations throughout the 2021 -2022 fiscal year; and WHEREAS, the City needs to authorize budget amounts of $88,172.99 from the Roadway Impact Fees for the Cibolo Valley Drive median landscaping, and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the landscaping of the Cibolo Valley Drive medians, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall set a budget of $88,172.99 from the Roadway Impact Fees for the landscaping of the Cibolo Valley Drive medians. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 101 day of May 2022. PASSED ON FINAL READING, the 24 ' day of May 2022. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50558021.1 2 CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: Engineering Agenda No. 8. Subject: Ordinance No. 22 -D -22 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing that the Code of Ordinances of the City be amended by revising Chapter 86, Article IV, Section 86 -118 Maximum Limits in School Zones to add a segment of Fairlawn Avenue; and providing an effective date. (First Reading) (B. James /K. Woodlee) BACKGROUND With the opening of the School of Science and Technology at the intersection of the northbound frontage road of IIH 35 and Fairlawn Avenue, it became apparent through the observation of new traffic in the vicinity that the establishment of school speed zone would promote safer travel by raising awareness of modified traffic behavior and patterns during particular times of the day when school is in session. This concern was presented to the Transportation Safety Advisory Commission (TSAC). During its regular meeting on March 3, 2022, TSAC discussed the issue and voted unanimously to recommend that a school speed zone be established along Fairlawn. Avenue in the vicinity of the newly opened school. GOAL The goal of this ordinance is to ensure that school zones are up to date in the City of Schertz and enforced through the Code of Ordinances, and provide for safe travel while maintaining proper records for maximum speed limits in school zones. CKl7►l lU Cllel I a's 13 Biel 01 a I The establishment of a school zone in the vicinity of the School of Science and Technology promotes awareness of school time traffic patterns and subsequently results in a safer environment for vehicular and pedestrian traffic in the area. kill►I guy El IkAX97 a 7 01611701 i►l 1011217 0117_Teli I [Ilk, The action recommended is approval of Ordinance 22 -D -22, revising Chapter 86, Section 118 Maximum Limits in School Zones to include a segment of Fairlawn Avenue as described. FISCAL IMPACT The fiscal impact of this ordinance is the cost to install and maintain the necessary school speed zone signs. RECOMMENDATION Staff recommends approval of Ordinance 22 -D -22 on first reading. Attachments Ordinance 22-D-22 Exhibit ORDINANCE NO. 22-D-22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 86, ARTICLE IV, SECTION 86 -118 MAXIMUM LIMITS IN SCHOOL ZONES TO ADD A SEGMENT OF FAIRLAWN AVENUE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, it has been established that a school speed zone should be enforced on Fairlawn Avenue between IH 35 and 130 feet north of Ashwood Street; 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 Maximum Limits in School Zones of the Code of Ordinances as set forth below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article IV, Section 86 -118 of the Code of Ordinances, Maximum Limits in School Zones, be amended as follows by adding: Street Extent Speed Limit (mph) Fairlawn Avenue Intersection with IH 35 to 130 20 feet north of intersection with Ashwood Road 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. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 24 ' day of May 2022. PASSED, APPROVED AND ADOPTED on final reading the 7t' day of June, 2022. Ralph Guttierez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) r Proposed School Speed Zone on Fairlawn Avenue near new School of Science and Technology '- +r - •. s CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: Engineering Agenda No. 9. Subject: Ordinance No. 22 -D -23 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing that the Code of Ordinances of the City be amended by revising Chapter 86, Article V, Section 86 -149 Parking Prohibited to add segments of Fairlawn Avenue; and providing an effective date. (First Reading) (B. James /K. Woodlee) BACKGROUND With the development and opening of the School of Science and Technology (SST) at the intersection of Fairlawn Avenue with the north -bound IH 35 frontage road, traffic in the vicinity was significantly affected. SST staff worked to implement operational schemes to minimize disruption on the adjacent roadways, however, individuals dropping off and picking up students from the school continue to park, stop, and/or stand along Fairlawn Avenue and particularly around the traffic - calming circle. The presence of those vehicles cause confusion and backup of vehicles traveling through the zone. That backup in turn creates an unsafe and inefficient traffic situation. City and SST staff worked together to observe the behavior of the motorists over a period of months during the school year and determined that the purpose for parking, stopping, or standing in this area is generally to avoid proceeding through the car line established by the school to effectively, safely, and efficiently allow for student pick up and drop off from the facility. Adequate off - street queue length is available and should be used. It is expected that eliminating vehicles from the sides of the public street along this stretch will allow more free -flow of traffic and subsequently a safer situation. This concern was presented to the Transportation Safety Advisory Commission (TSAC). During its regular meeting on March 3, 2022, TSAC discussed the issue and voted unanimously to recommend that a no parking zone be established along Fairlawn Avenue in the vicinity of the newly opened school. There is currently a no parking zone around the traffic - calming circle by Sippel Elementary further to the south, this is remaining in place. GOAL The goal of this ordinance is to establish and provide the ability to enforce a prohibition on parking, stopping, and standing vehicles to keep traffic flowing in a safe and efficient manner in the vicinity of a school and a traffic calming circle. COMMUNITY BENEFIT Safe and efficient traffic flow is a benefit to motor vehicle operators and pedestrians who travel in the area. SUMMARY OF RECOMMENDED ACTION The action recommended is approval of Ordinance 22 -D -23, revising Chapter 86, Section 86 -149, Parking Prohibited, by adding a no parking zone on Fairlawn Avenue from the frontage road of IH 35 to 130' north of Ashwood Road. FISCAL IMPACT The fiscal impact of this ordinance will be the cost to install and maintain proper signage and striping in the established no parking zones. RECOMMENDATION Staff recommends approval of Ordinance 22 -D -23 on first reading. Attachments Exhibit Ord 22 D 23 Proposed Zone of No Parking, Stopping, Fairlawn No Parking, ORDINANCE NO. 22 -D -23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED TO ADD SEGMENTS OF FAIRLAWN AVENUE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, it has been established that parking, stopping, and standing should be prohibited along a segment of Fairlawn Avenue, on both sides of the street and around the traffic calming circle, between IH 35 and 130 feet north of Ashwood Street; and WHEREAS, these areas include street segments which are currently included in the City Code of Ordinances; and WHEREAS, it is recommended to add an additional street segment where parking is prohibited along Fairlawn Avenue in Article V, Section 86 -149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article V, Section 86 -149 of the Code of Ordinances, Parking Prohibited by the City of Schertz, Texas is amended as follows: (a) When signs are erected and /or, when recommended by the City Engineer or the Chief of Police, curb(s) are marked by painting them red with "No Parking" painted in white letters thereon, giving notice thereof, no person shall park, stop, or stand a vehicle (as identified in this section and so signed) at any time (or at times as limited) upon any of the following streets or portions thereof. Add a reference to parking prohibited on Fairlawn Avenue as follows: Street Extent Fairlawn Avenue Intersection with IH 35 to 130 feet north of intersection with Ashwood Road 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. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 24' day of May 2022. PASSED, APPROVED AND ADOPTED on final reading the 7' day of June, 2022. Ralph Guttierez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Agenda No. 10. CITY COUNCIL MEMORANDUM City Council May 24, 2022 Meeting: Department: Executive Team Subject: Main Street Project - Worksession Discussion regarding the Main Street Project. (M. Browne /B. James) BACKGROUND Assistant City Manager Brian James will conduct a joint workshop meeting regarding the Main Street Project, providing information regarding: Project Recap, Review Main Street Design Concept, Utility Service Improvements, Roadway Surface, Landscaping, Entry Signage, etc. Staff is seeking direction on moving forward on a single phase comprehensive redevelopment of Main Street and direction on additional funding.