25-R-044 Reimbursement Agreement Construction Improvements Heritage Oak Residential Sub.RESOLUTION 25-R-044
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A REIMBURSEMENT
AGREEMENT FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS WITH THE DEVELOPER OF THE HERITAGE
OAKS RESIDENTIAL SUBDIVISION IN THE CITY OF SCHERTZ,
TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Developer of the Heritage Oaks residential subdivision is constructing
public improvements and the City desires for additional public related to those improvements to
be constructed at the same time; and
WHEREAS, the Developer has agreed to construct the additional public improvements if
the City agrees to participate by paying for the cost of those additional improvements; and
WHEREAS, per Subchapter C of Section 212 of the Texas Local Government Code, a
municipality may contract with a developer of the subdivision of land to construct public.
improvements; and
WHEREAS, the City Council finds it is in the best interest of the City to enter into the
Reimbursement agreement with the Developer of the Heritage Oaks residential subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute a
Reimbursement Agreement, generally in the form attached in Exhibit "A" subject to minor
changes approved by the City Manager and City Attorney, with Anthony W. Eugenio, the
developer of the Heritage Oaks residential subdivision for an amount not to exceed ONE
HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED THIRTY-SIX DOLLARS
($154,536.00).
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
S� I
PASSED AND ADOPTED, this day of , 2025.
N'r'r_ -�
�
ATT T:
Sheila Edmondson, City Secretary
Exhibit "A"
Heritage Oaks Residential Subdivision Reimbursement Agreement
REIMBURSEMENT AGREEMENT WITH DEVELOPER FOR
CONSTRUCTION OF PUBLIC IMPROVEMENTS
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
This Reimbursement Agreement with Developer for Construction of Public Improvements
(the "Agreement") is by and between the City of Schertz, a Texas municipal corporation (the
and Anthony W. Eugenio, owner and developer of certain hereinafter described
property located within the City (the "Developer"), all collectively referred to as "Parties",
and is effective upon the execution of this Agreement by the Developer and the City (the
"Effective Date").
WHEREAS, Developer wishes to develop certain property (the "Property") located within
the City limits, which is approximately 66 acres of land, out of the Toribio Survey No.68,
Abstract No. 153, and situated in the City of Schertz, Guadalupe County, Texas; and
WHEREAS, a portion of the Property is the subject of the application for Replat of Live Oak
Hills Subdivision Plat establishing Live Oak Hills Subdivision, Unit 1; and
WHEREAS, the Property abuts a portion of Wiederstein Road located in the City of Schertz,
wherein Wiederstein will be widened and improved from the Property to the West Dietz Creek
bridge (the "Wiederstein Extension Property") and any necessary utilities, if any,(collectively
the "Improvements") must be relocated, extended, and/or upsized as depicted in Exhibit "A",
and where said Improvements have not been completed; and
WHEREAS, during the development planning stage for the Property, the City submitted to
the Developer a request that the Developer design an extension of Wiederstein,
from the Property to the bridge crossing West Dietz Creek, consistent with
the Developers design of the Property and the City participate in the completion
of the Improvements, which will benefit portions of the City beyond the Live Oak Hills
Subdivision, Unit 1; and
WHEREAS, Developer and the City have agreed that the Developer will construct all
Improvements on the Wiederstein Extension Property as described in Exhibit "A", and the
City has agreed to reimburse the Developer for certain costs associated with the construction of
the Improvements as more specifically set forth herein and as set forth in Exhibit "B"; and
WHEREAS, the City and Developer find it to be to their mutual advantage to enter into this
Agreement for the construction of the Improvements; and
WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code authorizes
municipalities to enter into a contract with a developer of a subdivision or land in the
municipality to construct public improvements related to the development without
complying with the competitive sealed bidding procedures of Chapter 252 of the Texas Local
Government Code; and,
NOW THEREFORE, for and in consideration of the premises and mutual obligations,
covenants, and benefits hereinafter set forth, the Parties agree as follows:
ARTICLE I —Definitions.
The following terms and phrases used in this Agreement shall have the meanings ascribed
hereto:
1.1. "Agreement" means this agreement, including any amendments hereto,
between the City and Developer.
1.2. "Contractor" shall mean the person, firm, corporation, partnership, association,
or other entity awarded the contract by Developer for the construction and installation
of the Improvements.
1.3. "City's Participation Costs" shall mean costs associated with the construction
of the improvements, as designated on Exhibit "B" as City of Schertz responsibility.
1.4. "Improvements" shall mean the improvements described on Exhibit "A"
ARTICLE U — Construction of Improvements.
2.1. Construction of Improvements. Developer agrees to construct the
Improvements in accordance with the plans and specifications approved by the City
Engineer. No change in the construction plans shall be made by Developer without
the prior written consent of the City Engineer. The entire cost of the construction
of the Improvements shall be the responsibility and obligation of Developer, subject
to the reimbursement obligations of the City as herein provided.
2.2. Contracts for Construction. The City acknowledges that Developer will select
a qualified Contractor to construct the portion of the Improvements in accordance
with the plans and specifications which will have been approved by the City Engineer
prior to construction. Developer shall be solely responsible for payment of the
work as it is completed, and shall make all payments in a timely manner to the
Contractor, sub -contractors, and other parties involved in the construction of the
Improvements.
2.3. Performance, Payment and Warranty Bonds. Developer shall post (or cause
to be posted) with the City faithful performance, payment, and warranty bonds for
construction of the Improvements to ensure completion of the project. The bond
must be executed by a corporate surety in accordance with Chapter 2253, Texas
Government Code. The Developer shall covenant to warrant the public improvements
for a period of two (2) years following acceptance by the City of all Improvements. A
warranty bond shall be provided in the amount of 20% of the costs of the
Improvements for such period. The costs of such bonds shall be a reimbursable cost
as set forth on Exhibit "B".
2.4. Inspection. The City Engineer or designee shall periodically inspect the
construction of the Improvements in the same manner, and shall possess the same
authority, as is provided during the construction of subdivision improvements
pursuant to the City of Schertz Subdivision Ordinance, as amended.
2.5. Insurance. The Contractor awarded the contract to construct the Improvements
shall be required to carry Worker's Compensation Insurance on his employees
and public liability and property damage insurance on his equipment and
employees. The public liability insurance shall be not less than five hundred
thousand dollars ($500,000.00) per person and one million dollars ($1,000,000.00)
per occurrence, with property damage insurance of not less than five hundred
thousand dollars ($500,000.00). In addition, City shall be furnished with Certificates
of Insurance and shall be named an additional insured on such Certificates, and City
shall be notified within thirty calendar days of any cancellation of such insurance.
2.6. Accounting. Developer shall submit to City a complete accounting of all
costs incurred by Developer in the construction of the Improvements. City will not
contribute or pay for any costs incurred by Developer which were not contemplated
to be reimbursable costs by City as set forth on Exhibit "B". Developer shall
maintain the accounting of the Improvements for a period of two years from the
date of acceptance by the City, and the City may inspect the Developer's books and
records related to the Improvements at any time with reasonable notice.
2.7. Indemnity. Developer agrees to protect, indemnify and save City harmless
from and against all claims, demands and causes of action of every kind and
character arising in favor of any third party on account of, or resulting from,
the performance of this Agreement by Developer or Developer's agents,
representatives, employees, contractors, or subcontractors.
ARTICLE III — Obligations and Payments.
3.1. City Obligations. The City agrees to pay to Developer City's Participation
Costs which shall equate to the actual costs for the City's responsibility as set forth
on Exhibit "B". Notwithstanding any provision of this Agreement to contrary,
City's Obligation shall only b e for the reimbursement of costs incurred by
Developer and shall not in any event exceed ONE HUNDRED FIFTY-
FOUR THOUSAND FIVE HUNDRED THIRTY-SIX DOLLARS
($15 4 , 5 3 6) which is the percentage of Costs as set forth on Exhibit "B"
(hereinafter the "City's Share").
3.2. Payment Procedures. City shall deliver to Developer payment of the City's
Share as provided in this this section.
3.2.1 Submittal and Review. Developer shall periodically submit
(anticipated to be monthly) a draw request (the "Draw Request") and the City
Engineer shall review the Draw Request showing costs incurred by the
Developer during the prior month (or similar construction period). The Draw
Request shall include lien waivers from the contractor for the percentage of
completion or amount requested.
3.2.2 Upon the City Engineer's receipt of each Draw Request, the City
Engineer shall inspect the Improvements (or otherwise be satisfied with
information and evidence submitted by Developer) to confirm the percentage
of completion as set forth in the Draw Request. The City Engineer shall
approve or reject the Draw Request. If approved, the City Engineer shall
promptly cause the City to reimburse Developer for the amount of the Draw
Request which Draw Request shall be funded within thirty (30) days of
approval by the City Engineer (which shall not be more than forty-five (45)
days from submission by Developer. If rejected, the City Engineer shall specify
the reason for rejection the requirements to cure the objection. Upon cure and
approval, the City Engineer shall promptly cause the City to reimburse
Developer for the amount of the Draw Request. A final inspection on the
Improvements shall be conducted, noting any required corrections or repairs.
Once corrections or repairs are made and deemed acceptable, the City will
accept the Improvements. It is understood and acknowledged that the City
Reimbursable Costs may be part of a larger draw request for work being
performed by and for Developer.
3.2.3 Upon the City Engineer's receipt ofthe final Draw Request, a final
inspection on the Improvements shall be conducted, noting any required
corrections or repairs. Once corrections or repairs are made and deemed
acceptable, the City will accept the Improvements and reimburse Developer the
final payment as represented by the final Draw Request which shall be City's
Share of costs.
Article IV — Assignment, Modification and Waiver.
4.1. Assignment. This Agreement shall bind and benefit the respective Parties and
their legal successors and shall not be assignable, in whole or in party, by any
party without first obtaining written consent of the other party. Notwithstanding
anything herein to the contrary, Anthony W. Eugenio intends to assign this Developer
Participation Agreement to a development entity for performance of the development
work. Anthony W. Eugenio shall obtain the City approval in writing prior to such
assignment.
4.2. Amendment or Modification. Except as otherwise provided in this Agreement,
this Agreement shall be subject to change, amendment or modification only in
writing, and by the signatures and mutual consent of the Parties.
4.3. Parties in Interest. This Agreement shall be for the sole and exclusive benefit
of the Parties hereto and shall not be construed to confer any rights upon any third
party.
4.4. Remedies Not Exclusive. The rights and remedies contained in this Agreement
shall not be exclusive, but shall be cumulative of all rights and remedies now or
hereinafter existing, by law or in equity.
4.5. Waiver. The failure of any party to insist in any one or more instances on
the performance of any of the terms, covenants or conditions of this Agreement, or
to exercise any of its rights, shall not be construed as a waiver or relinquishment
of such term, covenant, or condition, or right with respect to further performance.
4.6. Entire Agreement. This Agreement constitutes the entire agreement between
the Parties related to the subject matter of this Agreement and supersedes any and
all prior agreements, whether oral or written, dealing with the subject matter of this
Agreement.
4.7. Venue. This Agreement shall be performable and enforceable in Guadalupe
County, Texas, and shall be construed in accordance with the laws of the State of
Texas.
4.8. Severability. If any term or provision of this Agreement is held to be invalid,
void or unenforceable by a court of competent jurisdiction, the remainder of the
terms and provisions of this Agreement shall remain in full force and effect and shall
not in any way be invalidated, impaired or affected.
4.9. Notices. Any notice provided or permitted to be given under this Agreement
must be in writing and may be served by (i) depositing the same in the United
States mail, addressed to the party to be notified, postage prepaid, registered or
certified mail, return receipt requested; or (ii) by delivering the same in person
to such party; or (iii) by overnight or messenger delivery service that retains
regular records of delivery and receipt; or (iv) by facsimile; provided a copy of
such notice is sent within one (1) day thereafter by another method provided above.
The initial addresses of the parties for the purpose of notice under this Agreement
shall be as follows:
If to City: CITY OF SCHERTZ
1400 Schertz Parkway
Schertz, TX 78154
Attention: City Manager
With copy to: Denton Navarro Rodriguez Bernal Santee & Zech, P.C.
2417 N. Main Avenue
San Antonio, TX 78212
Attention: T. Daniel Santee
If to Developer: Anthony Eugenio
334 N. Park Rd.
San Antonio, Texas 78216
With a copy to:
4.10. No Joint Venture. Nothing contained in this Agreement is intended by the
Parties to create a partnership or joint venture between the Parties and any
implication to the contrary is hereby expressly disavowed. It is understood and
agreed that this Agreement does not create a joint enterprise, nor does it appoint
either Party as an agent of the other for any purpose whatsoever. Except, as
otherwise specifically provided herein, neither Party shall in any way assume any
of the liability of the other for acts of the other or obligations of the other.
4.11. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be considered an original, but all of which constitute one instrument.
[Signatures and acknowledgments on the following pages]
SiLm ature Page to
Agreement with Developer for Construction of Public Improvement
This Agreement has been executed by the parties as of the dates of the
Acknowledgments to be effective as of the Effective Date.
Develoj,er:
I:
THE STATE OF TEXAS §
COUNTY OF BEXAR §
Anthony W. Eugenio
This instrument was acknowledged before me on the day of , 2025 by Anthony
W. Eugenio, for the purposes herein expressed.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
Signature Page to
Agreement with Developer for Construction of Public Improvement
This Agreement has been executed by the parties as of the dates of the
Acknowledgments to be effective as of the Effective Date.
City
CITY OF SCHERTZ,
a Texas municipal corporation
By:
Name: _ , its City Manager
THE STATE OF TEXAS §
§
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of 2025 by
T City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:_
EXHIBIT A
IMPROVEMENTS
1. Wiederstein Rd. will be widened to the proposed 26-foot section provided in the
current construction plans for the Property.
2. A taper will match the proposed width to the existing bridge (1-30 feet).
3. The sidewalks and access Rd. will be adjusted to match the new road width.
4. Drainage will continue down Wiederstein and leave the street near Dietz Creek
bank through the curb cuts in the flume.
5. The drainage report will be updated to provide calculations for sizing the curb
cuts and flumes.
6. CMA has requested longer sleeves should be placed under the wider roadways
for its water reuse line. The reuse line must be adjusted as part of this extension
to include a new pipe and sleeve under the widened roadway. The plans will be
submitted to CCMA for approval.
EXHIBIT B
CITY'S PARTICIPATION COSTS
1. Engineering costs ($24,600 per the engineer proposal attached as Exhibit "C") for
the Improvements on the Wiederstein Extension Property.
2. All Construction costs and incidentals ($129,936 as shown on the Engineer's
Estimate of Probable Construction Costs as attached as Exhibit "C".
3. City to approve invoices during construction of the, to be submitted and City
approved Contractor Bids for the Improvements on the Wiederstein Extension
Property
EXHIBIT C
ENGINEERING PROPOSAL
January 16, 2024
Mr. Tony Eugenio
334 N. Park Drive
San Antonio, TX 78216
PH: (210) 826-9000
Email: teugenio@presidio-sa.com
Re: Agreement for Clvll Engineering Design Services
Wiederstein Rd Extension - Heritage Oaks Subdivision
Dear Tony:
Via: E-Mail
The Heritage Oaks Unit 1 plans propose a 26 ft wide section for Wiederstein Road. After leaving the
Heritage Oaks boundary, the road tapers down to the existing two-lane road. This proposal details the
effort needed to extend the 26 ft wide section to the Dietz Creek Bridge, per the City of Schertz's request.
I have enclosed our Agreement for services for your consideration. If the Agreement is acceptable, please
sign and return a copy. Please get in touch with me if you have questions about the proposed scope of
work, the completion timeline, or other issues.
We are prepared to begin this project as soon as you authorize. We look forward to continuing our work
with you!
Regards,
Binkley & Barfield, Inc.
C�tod `i�2�
Jerod Mott, P.E., CFM
Project Manager
Steve Albert, P.E., CFM
Vice President - Infrastructure
190 South Seguin Avenue, New Braunfels, Texas 78130 1 830.606.3913 1 TxEng F-257 I BinkleyBarfield.com
inkley`�� Barfield ,V=`� 1 Mr. Toney Eugenio
January 16, 2024
Page 2 of 3
Project Description
The project scope and fees presented in this Agreement are based upon the current Unit 1 plans and
current survey data collected for Unit 1.
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The documents listed below are attached to and incorporated into this Agreement:
• Attachment A — 2024 Billable Rates
• Attachment B — Agreement Terms and Conditions
Scope of Project Services
Wiederstein Rd Extension
Wiederstein Rd will be widened to the proposed 26 ft section provided in the current construction plans. A
taper will match the proposed width to the existing bridge width (-30ft). The sidewalks and access road
will be adjusted to match the new road width. Drainage will continue down Wiederstein and leave the
street near the Dietz Creek bank through the curb cuts and the flume. The drainage report will be updated
to provide calculations for sizing the curb cuts and flumes. We assume that no floodplain permitting is
required.
CCMA updates
CCMA has requested sleeves be placed under roadways for its water reuse line. The reuse line must be
adjusted as part of this extension to include a new pipe and sleeve under the widened roadway. The
plans will be submitted to CCMA for approval.
OPCC updates
A section will be created within the Opinion of Probable Construction Costs for this extension.
190 South Seguin Avenue, New Braunfels, Texas 7B130 1 830.606.3913 1 TxEng F-257 I BinkleyBarfield.com
r.
'.! ,JI n��_ iJl",�►� Mr. Toney Eugenio
January16, 2024
Page 3 of 3
Assumptions and Exclusions
Assumptions and Exclusions used to define the scope of services for this Agreement include:
• Vehicular access to the project site will be available to Binkley & Barfield and their subconsultants.
• We currently have a survey of the bridge and creek bank area. No additional surveying will be
required.
• Master plan updates are not required.
• The geotechnical study previously used for Unit 1 will be used for this extension.
• ADA submittals and Registered ADA Specialist reviews are not included.
• The Owner/Client or Contractor will be the "Primary Operator" and will be responsible for
implementing and maintaining the SWPPP during construction.
• The Client will be responsible for paying all permit or City review fees.
• Subsurface Utility Engineering (SUE) for exposing existing utility locations is not included.
• Design for extension or relocation of public or franchise utilities is not included.
• Environmental Site Assessments, historical, archaeological, or endangered species services are not
Included.
• Bidding documentation is not included.
• SWPPP inspections, SWPPP permitting, or documentation is not included.
• It is assumed no floodplain permitting will be needed. CLOMR/LOMR design, submission, and fees
to FEMA are not included.
Fees
We will perform and coordinate the services described in the Scope of Services for the fee listed below.
Task and Fee Summa•�,
Scope Listed Above
Fee Type Fee Amount
Lump Sum $ 24,600
Please indicate your acceptance of the Agreement below.
Regards,
Binkley & Barfield, Inc.
Steve Albert, P.E., CFM
Vice President - Infrastructure
salberti6ibinkle barfield.com
Accepted this day of
Signature
Print Name
Title
Company
, 202_
190 South Seguin Avenue, New Braunfels, Texas 78130 1 830.606,3913 1 TxEng F-257 I BinkleyBarfield.com
HERITAGE OAKS SUBDIVISION
WIEDERSTEIN EXTENSION ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS
ITEM IDESCRIPTION I UNIT QUANTITY COSTIUNIT ($) TOTAL ($)
1 REMOVE AND DISPOSE EXISTING PAVEMENT AND BASE SY 278 9 2,502
DEMOLITION SUBTOTAL 2.502
PAVEMENT
ITEM
DESCRIPTION
UNIT
QUANTITY
COSTIUNIT (S)
TOTAL ($)
2
7" HMAC PAVEMENT (Addition to Bridge)
SY
384
47
18,048
3
10" AGGREGATE BASE (Addition to Bridge)
SY
469
12
5,632
4
LIME TREATED SUBGRADE (8" COMPACTED DEPTH)
SY
469
12
5,632
5
4" CONCRETE SIDEWALK, 5' WIDE
SY
126
67
8,442
6
6" CURB AND GUTTER
LF
192
30
5,760
PAVEMENT, STRIPING
AND SIGNAGE SUBTOTAL
43,514
DRAINAGE & EROSION CONTROL
ITEM
DESCRIPTION
UNIT
QUANTITY
COST/UNIT ($)
TOTAL {$)
7
SIDEWALK DRAIN/CURB OPENING
EA
3
14,000
42,000
8
5' CONCRETE PILOT CHANNEL
SY
111
150
16,650
9
ROCK FILETER DAMS TYPE 1(INSTALL)
LF
32
33
1,056
10
ROCK FILTER DAMS (REMOVE)
LF
32
14
448
11
HYDRO -MULCHING
ACRE
0.08
12,350
962
12
6" D50 ROCK RIPRAP
SY
22
52
1,1441
DRAINAGE SUBTOTAL 62,260
CONSTRUCTION COST TOTAL.................................................................................................. 108,276
CONTINGENCY (20%) 21,660
ENGINEER'S OPINION OF PROBABLE CONSTRUCTON COST............................................................. r129,936
NOTES:
1) PAVEMENT QUANTITIES BASED ON NON -ROCK SECTIONS
2) OPEN CHANNEL DRAINAGE ASSUMED FOR EACH SIDE TIEING INTO EXISTING CONC AT BRIDGE
3) UNIT COSTS BASED ON HERITAGE OAKS BID PRICING
4) QUANTITIES BASED ON PRELIMINARY SCHEMATIC DESIGN
THIS DOCUMENT IS RELEASED
FOR THE PURPOSE OF
PERMITTING ONLY
UNDER THE AUTHORITY OF
JEROD MOTT, P.E. 113132
ON 20 Mar 2025
IT IS NOT TO BE USED FOR
CONSTRUCTION OR BIDDING
PURPOSES.
Page 1 of 1