laserfiche.schertzweb.comlaserfiche.schertzweb.com/Weblink/1/edoc/367011/5... · MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 1, 2018 HAL BALDWIN MUNICIPAL COMPLEX

MEETING AGENDA City Council

REGULAR SESSION CITY COUNCIL May 1, 2018

HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS

1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154

05-01-2018 Council Agenda

City of Schertz Core Values Do the right thing

Do the best you can Treat others the way you would want to be treated

Work together cooperatively as a team

AGENDA TUESDAY MAY 1, 2018 AT 6:00 P.M.

Call to Order – Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Mark Davis) Employee Recognition

• EMS –Part time EMT William Cook, EMT David Gonzales, Gabriel McWhorter and Charles Crismon, Paramedic Tyler McNiel

• Police Department – Part Time Communication Officer Starla Blake, Civilian Evidence Tech Chelsea Garcia

• Parks, Recreation and Community Services –Part time Park Worker 1 Dustin Young • Public Works – Water – Serviceman 1 Robin Smith, Streets – Street Worker 1 Casey

Washington

Presentation • Proclamation recognizing Economic Development Week. (Mayor) nd discussion regarding short-term rentals and regulations. (L. Wood/B. Cox/C. Gould) City Events and Announcements

• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter)

Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes.

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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. 1. Minutes – Consideration and/or action regarding the approval of the minutes of the

Regular meeting of April 24, 2018. (B. James/B. Dennis) 2. Ordinance No. 18-T-14 – Consideration and/or action approving an Ordinance

authorizing a budget amendment to fund the ground storage tank repainting project. Final Reading (D. Wait/J. Hooks)

3. Resolution No. 18-R-45 - Consideration and/or action approving a Resolution

authorizing the Acting City Manager to enter into a contract with M & M Tank Coating Co. Inc. for the Schertz Ground Storage Tank Repainting project. (D. Wait/J. Hooks)

4. Resolution No. 18-R-50 – Consideration and/or action approving a Resolution

approving a request for a Historical Incentive Program for the Main Street Grant for 528 Main Street. (B. James)

5. Resignations to the various City Boards, Commission and Committees – Consideration and/or action approving the resignation of Mr. Gary Howell from the Economic Development Corporation Board. (Mayor/Council)

6. Resolution No. 18-R-53 – Consideration and/or action approving a Resolution

authorizing Water, Wastewater, Access, and Drainage Easements with San Antonio One and San Antonio Three Limited Partnerships for the use, benefit, and control of the City of Schertz for the operation, maintenance, and access to water, wastewater, and drainage facilities on a private property in the vicinity of Wiederstein Road and IH 35. (B. James/K. Woodlee)

Discussion and Action Items 7. Ordinance No. 18-T-15 – Consideration and/or action approving an Ordinance by

the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017-2018 budget to recognize additional Library donations, to transfer funds from the Library Board to the Library Personnel Budget and authorize a temporary summer employee, to increase the budget for the temporary sewer treatment plant


expansion, and to increase the budget for 3rd party inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. First Reading (B. James/J. Walters)

8. Ordinance No. 18-F-16 – Consideration and/or action approving an Ordinance

granting an electrical transmission and distribution and communications franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a ten year term. First reading (D. Wait)

9. Resolution No. 18-R-51 – Consideration and/or action approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and Schertz 312, LLC. (B. James/K. Kinateder)

10. Resolution No. 18-R-52 – Consideration and/or action approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and WR1, LLC. (B. James/K. Kinateder)

Roll Call Vote Confirmation Workshop

• Presentation and discussion regarding short-term rentals and regulations. (L. Wood/B. Cox/C. Gould)

• Discussion and possible action regarding proposed workshop only meetings on the 3rd Tuesdays of the month as needed. (B. James)

• Discussion on short term space needs. (D. Wait/J. Harshman/T. Buckingham)

• Discussion regarding large repairs/CIP Projects. (D. Wait/J. Harshman/T. Buckingham)

Closed Session 11. City Council will meet in closed session under section 551.074 of the Texas

Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.

12. City Council will meet in closed session under section 551.087 of the Texas

Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect.

• Project E-038


• Project E-039 Reconvene into Regular Session 11a. Take any action based on discussions held in closed session under Agenda Item 11. 12a. Take any action based on discussions held in closed session under Agenda Item 12. Roll Call Vote Confirmation

Requests and Announcements • Announcements by the Acting City Manager.

• Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.

• Announcements by Mayor and Councilmembers

• City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers

13. Information available in City Council Packets - NO DISCUSSION TO OCCUR

• Update information from the Committee of Committees Advisory Commission (CCAB). (B. James/S. Gonzalez) • Update information regarding the Movin’ on Main event. (B. James/S. Gonzalez)

• Summary of Facilities Master Plan Study. (D. Wait)

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 27th DAY OF APRIL 2018 AT 4:40 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 Brenda Dennis, City Secretary

I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE


OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2018. _____________________________________________Title:_________________________

This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030.

The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.

Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.

COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS

Mayor Carpenter Main Street Committee

Councilmember Scagliola – Place 5 Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz-Seguin Local Government Corporation – Alternate Cibolo Valley Local Government Corporation - Alternate

Councilmember Davis– Place 1 Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Main Street Committee - Chair

Councilmember Gutierrez – Place 2 Audit Committee Investment Advisory Committee

Councilmember Larson – Place 3 Main Street Committee – Vice Chair Investment Advisory Committee

Councilmember Edwards – Place 4 Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee

Councilmember Kiser – Place 6 Schertz Animal Services Advisory Commission Audit Committee

Councilmember Crawford – Place 7 Schertz-Seguin Local Government Corporation Interview Committee for Boards and Commissions TIRZ II Board

Agenda No. 1

CITY COUNCIL MEMORANDUM City Council Meeting: May 1, 2018 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on April 24, 2018. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting held on April 24, 2018. Regular Meeting of April 24, 2018 minutes

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MINUTES REGULAR MEETING

April 24, 2018

A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 24, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit:

Mayor Michael Carpenter Mayor Pro-Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Scott Larson

Councilmember Cedric Edwards Councilmember Angelina Kiser Councilmember Bert Crawford

Staff Present: Acting City Manager Brian James Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez City Attorney Dan Santee City Secretary Brenda Dennis Councilmember Mark Davis was absent. Call to Order – City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:03 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Crawford) Mayor Carpenter recognized Boy Scout Evan McWhirt, Troop 343 who was in the audience this evening. Evan McWhirt stood to be recognized. Mayor Carpenter announced if any student is in attendance this evening observing the meeting for the Hal Baldwin Scholarship, the sign-up sheet is in the vestibule; be sure to sign in if you are here for that purpose. Presentations

• Schertz Sweetheart Court Fiesta Medal Presentation (S. Gonzalez/L. Klepper/M. Spence)

Mayor Carpenter recognized Events Manager Mary Spence who introduced Miss Schertz, Corinne Mittelstadt and Miss Sunshine Trinity Monteverdi. Miss Schertz came forward providing a briefing of their activities during the year representing the city. Miss Schertz stated that on behalf of the Sweetheart Court it has been an amazing year representing the city and thanked everyone for the opportunity. Miss Schertz announced that on Friday April 27, 2018 they will be participating in the Fiesta Flambeau Parade one of the highlights of representing the City. Miss Schertz and Miss Sunshine presented Council with their 2018 Fiesta Medal.

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Mayor and Council thanked Miss Schertz and the Sweetheart Court for representing the City.

City Events and Announcements

• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)

Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements:

Thursday, April 26th Groundbreaking Ceremony-Kellum Schertz Medical Center 10:00 am 3401 FM 3009

Friday, April 27th Coffee with the Chamber 7:30am – 9:30 am 1730 Schertz Parkway (Visitors Center) Saturday, April 28th Movie in the Park – The Lorax 7:00 p.m. – 10:00 p.m. Cypress Point Park Tuesday, May 1st City Council Meeting 6:00 pm Council Chambers

Thursday May 3rd – Sweetheart Court Coronation 5:30 p.m. Civic Center, Refreshments served at 5:30 p.m. – Coronation program begins at 6:00 p.m. Saturday, May 5th – Music in the Park 1:00 p.m. – 4:00 p.m.

Pickrell Park come celebrate Cinco de Mayo with Mariachi Las Coronelas, taco food truck and activities for the kids. Saturday May 5th – 2nd Shred Day 9:00 a.m. – 12:00 p.m.

Due to the great success of the first Community Shred Day event, the City will be offering another Shred Day, New location will be off Community Circle Drive.

• Announcements and recognitions by the Acting City Manager (B. James)

No announcements were provided.

• Announcements and recognitions by the Mayor (M. Carpenter)

No announcements were provided.

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Hearing of Residents Mayor Carpenter recognized the following individuals who spoke:

• Mr. Richard Dziewit, 2550 Chasefield Drive, who spoke stating how grateful the citizenry in Schertz should be with the staff that is here. He stated that staff has done so much and is so strong, they are the backbone of the work that is done. They help and maintain what we have accomplished. Mr. Dziewit addressed Council regarding the Committee of Committees Advisory Board (CCAB) stating they have many staff members who come and provide presentations on what their departments do and what they are. We know who they are from the presentations they provide, but we do not know outside of that. When you ask the citizenry about them, they know they exist, but they do not know what they do. This is also true with the cities various boards and commissions; the citizens do not know what they do and their purpose. He suggested the city possibly prepare a pamphlet that can be given to citizens regarding the roles of the various boards commission and committees that could be handed out.

Workshops

• Update regarding the City of Schertz Quarterly Financial Statement. (B. James/J. Walters)

Mayor Carpenter recognized Finance Director James Walters who introduced Financial Analyst R. J. Fraire who went over the 2nd Quarter Financials addressing questions from Council.

Mayor Carpenter made a motion from the Chair to add items 3, 4, 5 6 & 7 to the consent agenda seconded by Councilmember Larson. The vote was unanimous with Mayor Pro-Tem Scagliola, Councilmembers Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Davis was absent. Motion Passed. Consent Agenda Items

The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes – Consideration and/or action regarding the approval of the minutes of the Special

Main Street Community Open House and Input meeting of April 9, 2018, Regular meeting of April 10, 2018 and Special Townhall “Council on Go” meeting of April 17, 2018. (B. James/B. Dennis)

Approval of the minutes of the Special Main Street Community Open House and Input meeting of April 9, 2018, Regular meeting of April 10, 2018 and Special Townhall “Council on Go” meeting of April 17, 2018.

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2. Resolution No. 18-R-47 - Consideration and/or action approving a Resolution authorizing

the submission of a Grant Application in an amount up to $92,203.00 to the Office of The Governor, Homeland Security Division, for the 2018 State Homeland Security Grant Urban Area Security Initiative (UASI) Program and authorizing the acceptance of the funds upon award. (D. Wait/K. Long)

The following was read into record:

RESOLUTION NO. 18-R-47

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN AN AMOUNT UP TO $92,203.00 TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY DIVISION, FOR THE 2018 STATE HOMELAND SECURITY GRANT URBAN AREA SECURITY INITIATIVE (UASI) PROGRAM; AND AUTHORIZING THE ACCEPTANCE OF THE FUNDS, UPON AWARD.

3. Resolution No. 18-R-48 - Consideration and/or action approving a Resolution authorizing

expenditures totaling no more than $80,000 with Gerard Electric for repairs to Pickrell Pool and other separate and unrelated electrical repair services during the FY 2017-18 fiscal year. (D. Wait/J. Harshman/T. Buckingham)



A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TOTALING NO MORE THAN $80,000 WITH GERARD ELECTRIC FOR REPAIRS TO PICKRELL PARK POOL AND OTHER SEPARATE AND UNRELATED ELECTRICAL REPAIR SERVICES DURING THE 2017-2018 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH

4. Resolution No. 18-R-39 – Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into a contract with Andale Construction Inc., for the application of HA5 Asphalt preservation product in the Arroyo Verde Subdivision. (D. Wait/D. Letbetter)



A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A

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CONTRACT WITH ANDALE CONSTRUCTION INC. FOR THE APPLICATION OF HA5 ASPHALT PRESERVATION PRODUCT IN THE ARROYO VERDE SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH

Resolution No. 18-R-46 - Consideration and/or action approving a Resolution authorizing

the Acting City Manager to enter into a Professional Services Agreement with Ford Engineering, Inc., relating to Engineering Design and Hydraulic Study for the East Live Oak Pump Additions Project. (D. Wait/J. Hooks)



A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND HYDRAULIC STUDY FOR THE EAST LIVE OAK PUMP ADDITIONS PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH

5. Resolution No. 18-R-49 - Consideration and/or action approving a Resolution declaring a public necessity for the acquisition of certain water pipeline easements and temporary construction easements in connection with the Schertz-Seguin Local Government Corporation (SSLGC) parallel pipeline. (D. Wait) The following was read into record:


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DECLARING A PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN WATER PIPELINE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN CONNECTION WITH WATER PIPELINE(S) YET TO BE CONSTRUCTED OVER, ACROSS, UPON, AND UNDER CERTAIN PRIVATELY OWNED REAL PROPERTIES IN GUADALUPE COUNTY FROM A PROPOSED WELL FIELD IN GUADALUPE COUNTY AND PARALLEL TO EXISTING WATER TRANSMISSION PIPELINES CONSTRUCTED IN 2002 AND 2003 AND EXPANDED IN 2011 AND 2012, LOCATED AS DEPICTED ON EXHIBITS EX.6.8.B AND EX.6.8.C ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, FOR THE PUBLIC PURPOSE OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WATER PIPELINE SYSTEM TO BE CONSTRUCTED FOR PUBLIC WATER SUPPLY FOR THE CITIES OF SCHERTZ AND SEGUIN AND CUSTOMERS OF SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION, THE PROJECT BEING CALLED THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION SECONDARY PIPELINE PROJECT; AUTHORIZING ALL

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APPROPRIATE ACTION BY THE CITY MANAGER, STAFF, AND RETAINED ATTORNEYS, AND ENGINEERING AND TECHNICAL CONSULTANTS, IN THE INSTITUTION AND PROSECUTION OF CONDEMNATION PROCEEDINGS TO ACQUIRE ANY SUCH NEEDED EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND RELATED RIGHTS OF INGRESS AND EGRESS THAT CANNOT BE ACQUIRED THROUGH NEGOTIATION; RATIFYING AND AFFIRMING ALL ACTS AND PROCEEDINGS HERETOFORE DONE OR INITIATED BY EMPLOYEES, AGENTS, AND ATTORNEYS TO ACQUIRE SUCH PROPERTY INTERESTS; AUTHORIZING ALL OTHER LAWFUL ACTION INCLUDING THE MAKING OF LINEAL AND ARCHEOLOGICAL SURVEYS AND APPRAISALS NECESSARY AND INCIDENTAL TO SUCH ACQUISITIONS WHETHER BY PURCHASE OR EMINENT DOMAIN PROCEEDINGS; DECLARING THE SECTIONS OF THE RESOLUTION TO BE SEVERABLE ONE FROM THE OTHER IN THE EVENT ANY SECTION OF THIS RESOLUTION IS DETERMINED TO BE INVALID

6. Ordinance No. 18-T-14 – Consideration and/or action approving an Ordinance authorizing a budget amendment to fund the ground storage tank repainting project. First Reading (D. Wait/J. Hooks)


ORDINANCE NO. 18-T-14

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE GROUND STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE

Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Kiser to approve the consent agenda items 1 through 7. The vote was unanimous with Mayor Pro-Tem Scagliola, Councilmembers Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Davis was absent. Motion Passed.

Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes on items 1-7. Closed Session

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8. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.

Council did not meet under this section. Mayor Carpenter convened into closed session at 6:26 p.m. 9. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation:

• GVSUD vs. City of Schertz

Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 6:35 p.m. 8a. Take any action based on discussions held in closed session under Agenda Item 8.

No action as Council did not meet under this section. 9a. Take any action based on discussions held in closed session under Agenda Item 9. No action taken. Requests and Announcements

• Announcements by the Acting City Manager.

No announcements were provided at this time.

• Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.

Mayor Carpenter recognized Councilmember Crawford who had a question. Have we ever

had an article in our magazine about what our committees/boards/commissions do? If so, should we do that again? Would this be something we need to discuss? Mayor Carpenter stated that Acting City Manager Brian James and his team could just go ahead and execute on it. It is a good idea and the magazine gets read.

• Announcements by Mayor and Councilmembers

• City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees

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• Recognition of actions by community volunteers

Mayor Carpenter recognized Mayor Pro-Tem Scagliola who stated he received a letter from the Children’s Advocacy Center for attending their groundbreaking event. He also attended The Chamber Luncheon and the Council on the Go Meeting held up in the Scenic Hills area. He also attended The Chamber Mixer, Lions Club Casino Night event and attended the BBQ Cookoff event in Marion.

Mayor Carpenter recognized Councilmember Gutierrez who thanked the folks in Scenic Hills for hosting the Council on the Go meeting. He also attended The Chamber Luncheon and the initiation of Fire Engine No. 3 which was placed into service this past Thursday. He attended the Volunteer Fair which was a great success and ‘Shred Day’ held this past Saturday at the city hall complex parking lot. Today was the Health Fair for our city staff.

Mayor Carpenter recognized Councilmember Edwards who said he was out of town

Saturday but started getting messages on his phone regarding the Schertz Shred Day event. He also mentioned that last week Mayor Pro-Tem Scagliola joined the Lions Club. This club has done a lot of things for the community so far and the members keep pushing to grow the club incrementally. Their recent Casino night was fantastic. Kudos to the staff and volunteers who go out and help with these events.

Mayor Carpenter recognized Councilmember Crawford who stated the people at

Scenic Hills attending the Council on the Go meeting were ready for them. It was a nice showing with about 80 people in attendance; they were ready to go and start promptly at 6:30 p.m. He thanked the staff who participated in ‘Shred Day’. It was also very productive. The Volunteer Fair was very well attended too; he hopes we can continue with this event to encourage more people to serve on some of the city committees/boards/commissions.

10. Information available in City Council Packets - NO DISCUSSION TO OCCUR

• Schertz Master Calendar update. (D. Wait/S. Gonzalez)

Adjournment

As there was no further business, Mayor Carpenter adjourned the meeting at 6:42 p.m.

________________________________

Michael R. Carpenter, Mayor ATTEST:

__________________________________ Brenda Dennis, City Secretary

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Agenda No. 2

CITY COUNCIL MEMORANDUM

City Council Meeting: May 1, 2018 Department: Water and Wastewater Subject: Ordinance No. 18-T-14 – An Ordinance by

the City Council of the City of Schertz, Texas authorizing a budget amendment to fund the ground storage tank repainting project; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date (Final Reading)

BACKGROUND In the Fiscal Year 2017-2018 budget briefings, City Council was told that Public Works was working towards repainting two water storage tanks with the funds coming from the Water Fund Reserve line item. Due to an unknown time status of these two tank paintings, staff did not put the funds into the budget but explained that staff would return to Council to move the funds from Water Reserves to the Water Department Budget once the amount of each project was known. On October 10, 2017 City Council authorized the City to enter into a contract with Tank Pro, Inc. for the painting of the Nacogdoches elevated storage tank. Prior to executing that contract the City asked for authorization to transfer funds from the Water Reserves. Now that the Nacogdoches tank is complete, staff is requesting the same type of adjustment to be able to repaint the East Live Oak Ground Storage Tank. The total project cost, including contingency is $388,500. Once the budget adjustment is complete, staff will bring forward a Resolution to award the painting contract that has been recently bid. City Council approved this on first reading at their meeting of April 24, 2018. SCHERTZ GROUND STORAGE TANK REPAINTING PROJECT Proposed Painting/Repair Expenses: Construction $ 348,500.00 Construction Contingency $ 40,000.00 Total Construction Costs $ 388,500.00 Total cost of Project $ 388,500.00 Goal To extend the life of the elevated water storage tank and make necessary repairs. Community Benefit The benefit is to keep the tank in adequate condition to provide proper storage and pressure to our citizens and maintain potable drinking water services.

City Council Memorandum Page 2 FISCAL IMPACT The current estimated Fund Equity for the Water & Sewer Fund is $6,352,232 which is $546,472 over the required 26%. The amount over the requirement is the amount to be used for construction or other projects and is called the construction reserve. With this authorization, the estimated remaining amount in the construction reserve would be $157,972. The City would still be above the required Fund Equity balance of 26% set by the City’s Fund Balance Policy. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 18-T-14 final reading, authorizing the use of the construction reserve for Repainting services for the Schertz Ground Storage Tank Repainting Project with a not to exceed amount of $388,500.00. ATTACHMENT Ordinance 18-T-14


AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE GROUND STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, pursuant to Ordinance 17-T-30, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2017-2018 (the “Budget), which provides funding for the City’s operations throughout the 2017-2018 fiscal year; and

WHEREAS, the City needs to increase the Budget to authorize expenditures of $388,500 for the funding of the Tank Repainting from the Water & Sewer Construction Reserves; and

WHEREAS, the City needs to recognize a transfer from construction reserves of $388,500 and

WHEREAS, City staff recommends that the City Council of the City of Schertz adjust the Budget and approve the additional expense; and

WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget adjustment for the General Fund for the contract inspection services and the community support services, as more fully set forth in this Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:

Section 1. The City shall adjust the Budget by $388,500 in the Water & Sewer Fund for the purpose of painting a ground storage tank.

Section 2. The City shall recognize the additional $388,500 in a transfer from construction reserves of the Water & Sewer Fund for the project.

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 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 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

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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 24th day of April 2018.

PASSED, APPROVED and ADOPTED ON SECOND READING, the 1st day of May 2018.

CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor

ATTEST: Brenda Dennis, City Secretary

(CITY SEAL)

Agenda No. 3


City Council Meeting: May 1, 2018 Department: Water and Wastewater Subject: Resolution No. 18-R-45 – A Resolution by

the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into a contract with M & M Tank Coating Co. Inc. for the Schertz Ground Storage Tank Repainting Project.

BACKGROUND Painting of water storage tanks, both internally and externally, is a critical maintenance task to prolong their life. Tanks on average need to be repainted every ten years. Unfortunately, in the past, the City did not place these on a regular painting schedule and as such, the 1.5 million gallon ground storage tank on East Live Oak road has not been painted in over 20 years. Metal storage tanks need to be aggregate blasted inside and out to remove paint and any rust that might have formed and then repainted to extend the life of the tank. During this painting process, once the tanks are taken out of service and drained, they should also be evaluated and any damage that may have occurred repaired, prior to repainting them. The City is beginning a maintenance schedule to plan for funds each year to keep up with the water storage tank maintenance much like we have begun with the vehicles and streets programs. The FY 2017 budget had funds set aside for the engineering work necessary to accomplish the painting of an elevated storage tank and this ground storage tank located on Live Oak Road. The Engineer’s estimate for repainting this ground storage tank was $295,000. This ground tank project was publicly bid and nine (9) companies returned bids. The average bid was $477,935.22. The lowest bid was $325,750 but the bidder failed to turn in all documents required as part of the bid and as such is considered nonresponsive. The bids were scored based upon a variety of areas and then references were contacted for similar projects. After this, the lowest responsive bidder, M & M Tank Coating Co. Inc. is the contractor that staff is recommending for painting this ground storage tank. The elevated storage tank on FM 3009 and FM 2252 is currently being painted on a separate contract that was approved by Council on October 10, 2017. SCHERTZ GROUND STORAGE TANK REPAINTING PROJECT Proposed Painting/Repair Expenses: Construction $ 348,500.00 Construction Contingency $ 40,000.00 Total Construction Costs $ 388,500.00 Not to exceed cost $ 388,500.00

City Council Memorandum Page 2 Goal To extend the life of the ground water storage tank and make necessary repairs. Community Benefit The benefit is to keep the tank in adequate condition to provide proper storage and pressure to our citizens and maintain potable drinking water services. FISCAL IMPACT As approved in Ordinance 18-T-14 amending the FY 2017-2018 budget, the funding for painting the East Live Oak Ground storage tank has be transferred from Water Reserves in the amount not to exceed of $388,500.00. RECOMMENDATION Staff recommends that the City Council approve Resolution 18-R-45 authorizing the Acting City Manager to enter into a contract with M & M Tank Coating Co. Inc. for Repainting services for the Schertz Ground Storage Tank Repainting Project with a not to exceed amount of $388,500.00. ATTACHMENT Resolution 18-R-45 Bid Scoring Sheets Ford Engineering Recommendation for Award Contract with M & M Tank Coating Co. Inc.

RESOLUTION NO. 18-R-45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT WITH M & M TANK COATING CO. INC. FOR THE SCHERTZ GROUND STORAGE TANK REPAINTING PROJECT, IN ACCORDANCE WITH TERMS OF THE CONTRACT AND OTHER MATTERS IN CONNECTION THEREWITH

WHEREAS, the city staff of the City of Schertz (the “City”) has recommended that the City enter into a contract for tank painting services for the Schertz ground storage tank located at the water facility on East Live Oak Rd.; and

WHEREAS, the City solicited competitive sealed bids from qualified vendors for tank painting services related to the Schertz ground tank repainting project; and

WHEREAS, after extensive analysis of the responses provided by each of the nine (9) prospective vendors, City staff is confident that M & M Tank Coating Co. Inc. can provide the best service at the best value; and

WHEREAS, the City Council has determined that it is in the best interest of the City to contract with M & M Tank Coating Co. Inc. for the Schertz Ground Storage Tank Repainting Project bid; THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:

Section 1. The City Council hereby authorizes the Acting City Manager to execute and enter into a contract with M & M Tank Coating Co. Inc. in the amount of $348,500.00 and to establish a contingency of $40,000.00 for an overall not to exceed price for this project of $388,500.00 for the Schertz Ground Tank Repainting Project as substantially set forth in the Contract, Attachment 1.

Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council.

Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.

Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City

Council hereby declares that this Resolution would have been enacted without such invalid provision.

Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended.

Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved.

PASSED AND ADOPTED, this 1st day of May, 2018.



(CITY SEAL)

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ATTACHMENTS

CONTRACT FOR TANK PAINTING SERVICES

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STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

This Agreement is made and entered into as of the 8th day of May, 2018 by and between the: “OWNER” The City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 t 210.619.1009 f and “CONTRACTOR” M&M Tank Coating Co. Inc. 102 8th Avenue Greeley, CO 80632 970-356-7438 t 970-356-2122 f for the following Project: EAST LIVE OAK GROUND STORAGE TANK PAINTING AND REHABILITATION PROJECT Schertz City Project WA-C-1702 Management for this Project will be performed by OWNER.

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1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable:

Addenda issued by City General Conditions Performance and Payment Bonds Request For Competitive Sealed Proposals #17-PW-47-C-04 & Addenda Technical Specifications Drawings

2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 120 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially,

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or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of

Six hundred dollars per day. ($600) for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages (“Liquidated Damages”) that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. § 2.5 FINAL COMPLETION § 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. § 2.5.2 Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR’s performance of the Contract. The Contract Sum shall be three hundred forty eight thousand five hundred dollars ($348,500) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the OWNER: [alternate __, if any] [alternate __, if any] § 3.3 Unit prices, if any: [insert any unit price items and descriptions] [or add reference to Proposal with unit prices and estimated quantities]

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Item Units and Limitations Price Per Unit ($0.00) [unit price item] [unit] [price] 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the OWNER may require. This schedule, unless objected to by the OWNER, shall be used as a basis for reviewing the CONTRACTOR’s Applications for Payment. § 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. § 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of «Five» percent ( «5.00» %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment

delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of «Five» percent ( «5.00» %);

.3 Subtract the aggregate of previous payments made by the OWNER; and

.4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a

Certificate for Payment. § 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the OWNER

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shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and

.2 Add, if final completion of the Work is thereafter materially delayed through no fault

of the CONTRACTOR, any additional amounts payable. § 4.1.4 Reduction or limitation of retainage, if any, shall be as follows: § 4.1.5 Except with the OWNER’s prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when

.1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR’s responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a letter of Final Acceptance has been issued by the OWNER.

§ 4.2.2 The OWNER’s final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the OWNER’s final Certificate for Payment: This Agreement is entered into as of the day and year written above (“The Date of Execution”): OWNER CONTRACTOR By: ________________________________ By: __________________________________ Title: ______________________________ Title: ________________________________

CITY OF SCHERTZ, TEXAS

REQUEST FOR COMPETITVE SEALED PROPOSALS (RFCSP) for

EAST LIVE OAK GROUND STORAGE TANK PAINTING AND

REHABILITATION PROJECT RFCSP #17-PW-47-C-04 / Schertz Project WA-C-1702

November 22, 2017

CITY OF SCHERTZ, 1400 SCHERTZ PARKWAY, SCHERTZ, TEXAS 78154

TOC - 1

TABLE OF CONTENTS

RFCSP PROJECT AND RESPONSE REQUIREMENTS: PAGE Table of Contents TOC - 1

Invitation to Submit Proposals ITS - 1

Check List Form CL - 1

Respondent Information Form RI - 1

Request for Competitive Sealed Proposals Instructions RFCSP - 1

Cost Proposal CP - 1

General Conditions GC - 1

Owner's Insurance Requirements - Exhibit A to General Conditions INS - 1

Technical Specifications & Description of Work 01010-1

Prevailing Wage Rates PWR - 1

Agreement between Owner and Contractor (Sample Contract) SFA - 1

Payment Bond PYB - 1

Performance Bond PFB – 1

Invitation to Submit Proposals ITS-1

CITY OF SCHERTZ INVITATION TO SUBMIT PROPOSALS

The City of Schertz is accepting Competitive Sealed Proposals for the EAST LIVE OAK GROUND STORAGE TANK PAINTING AND REHABILITATION PROJECT #17-PW-47-C-04 for materials, labor, equipment and superintendence for the repainting of the interior and exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and exterior of the attached piping in accordance with these Technical Specifications, Project Plans, and Contract Documents. Sealed Proposals will be received by the Purchasing Department of the City of Schertz located at 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 by 2:00 P.M. (CST) on December 19, 2017, via hand delivery, parcel service or mail. No fax or E-mail bids will be accepted. Proposals submitted after the date and time will not be accepted. Proposals shall include one electronic and one hard copy original with three (3) additional copies. This sealed package shall be clearly marked with both your firm’s name and the description “EAST LIVE OAK GROUND STORAGE TANK PAINTING AND REHABILITATION PROJECT #17-PW-47-C-04”. Be advised that if your company is contemplating responding to this BID you MUST register as a Schertz Vendor at www.publicpurchase.com to be notified and have access to any changes/additions via Addendum. Vendor registration instructions can be found at www.schertz.com, Departments, Purchasing, Open Bids and click on “Vendor Registration Instructions”. Any questions about this BID may be directed to Purchasing & Asset Management at [email protected]. A Pre-Submittal conference is scheduled for December 4, 2017 at 10:00 A.M. (CST) in the City of Schertz Bob Andrews Conference Room at 1400 Schertz Parkway, Bldg. #1, Schertz, Texas 78154. Written questions are due in writing no later than 12:00 P.M. CST, December 6, 2017. The City of Schertz reserves the right to at any time refuse and reject any or all responses, waive any or all formalities or technicalities, accept the response or portions of the response determined to be the best and most advantageous to the City. The City of Schertz also reserves the right to accept responses from more than one firm determined to be the best option for the City. Respondents shall uphold proposals for a period no less than 120 days.

http://www.publicpurchase.com/

http://www.schertz.com/

mailto:[email protected]

CL-1

PROPOSAL CHECKLIST Project Name:

Firm Name:

Use the checklist to ensure that the proposal is complete by checking off each item included with your response. Sign and date this form and include this page with each proposal.

SEALED ENVELOPE or BOX # 1: Consisting of One (1) Printed and One (1) Electronic Original of Proposal Information

This Proposal Checklist Respondent Information Sheet Signed Cost Proposal, Proposal Certification & Bid Bond (Bound together) Qualifications of Respondent Firm and Experience on Similar Projects Experience on Public Projects Corporate History and Stability Available Resources to Complete Project References (Page CP-4) Copy of Current Certificate of Liability Insurance Identical Electronic Version of Signed Original Proposal on CD/DVD or USB Media Must include all pages and have signatures.

SEALED ENVELOPE or BOX # 2: Three (3) Copies of Proposal Information as Requested

Respondent Information Sheet Qualifications of Respondent Firm and Experience on Similar Projects Experience on Public Projects Corporate History and Stability Available Resources to Complete Project References (Page CP-4) *

* Note: Do not include cost proposal pages CP-1, CP-2, CP-3 & CP-5 with the sets of

copies within Envelope #2. I certify that the proposal submitted includes the items as indicated above.

Signature Date

Printed Name

Title

Attachment “B” Respondent Information Form Page 1 of 3

RESPONDENT INFORMATION FORM

SOLICITATION / PROJECT NAME:

Instructions: The Respondent Information sheet is a requirement of your response. Complete the information without modifying or deleting questions.

GENERAL INFORMATION 1. Respondent Information: Provide the following information regarding the Respondent.

(NOTE: Sub- Contractors are not required to submit this form)

Respondent Name: (NOTE: Give exact legal name as it will appear on the contract, if awarded.)

Principal Address:

City: State: Zip Code:

Telephone No. Fax No:

2. Contact Information: List the one person who the City may contact concerning your proposal or setting dates for meetings.

Name:

Address:

City: State: Zip Code:

Telephone No. Fax No:

Email:

3. Identify the principal contact person authorized to commit the Respondent to a contractual agreement.

4. Is Respondent authorized and/or licensed to do business in Texas?

Yes No If “Yes”, list authorizations/licenses.


5. Debarment/Suspension Information: Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity?

Yes No If Yes”, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

6. Bankruptcy Information: Has the Respondent ever been declared bankrupt or filed for protection from creditors under state or federal proceedings?

Yes No If “Yes”, state the date, court, jurisdiction, cause number, amount of liabilities and amount of assets.

7. Provide any other names under which Respondent has operated within the last 10 years.

8. Litigation Disclosure: Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required in the Litigation Disclosure questions may result in the disqualification of your proposal from consideration or termination of the contract, once awarded.

a. Have you or any member of your Firm or Team to be assigned to this project ever been indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years?

Yes No

b. Have you or any member of your Firm or Team to be assigned to this project been terminated (for cause or otherwise) from any work being performed for the City of Schertz or any other Federal, State or Local Government, or Private Entity?

Yes No

c. Have you or any member of your Firm or Team to be assigned to this project been involved in any claim or litigation with the City of Schertz or any other Federal, State or Local Government, or Private Entity during the last ten (10) years?

Yes No

If you have answered “Yes” to any of the above questions, please indicate the name(s) of the person(s), the nature, and the status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your proposal.

9. Contract Terms and Conditions: Respondent acknowledges having read the contract attached to this RFP. By responding to this RFP, Respondent agrees to these terms and conditions.

No Exceptions Exceptions If “Exceptions”, they must be submitted with the proposal. Respondents shall submit exceptions with proposed alternative language to the City as an attachment accompanying this questionnaire.

Exceptions will not be accepted after the proposal due date and time. At the sole discretion of the City, the type and nature of exceptions may be grounds for disqualification.


10. Addendums: Each Respondent is required to acknowledge receipt of all addendums.

None Yes If “Yes”, identify each.

The information provided above is true and accurate to the best of my knowledge. Furthermore, we understand that failure to complete the Respondent Questionnaire may subject this firm to elimination from the selection process.

Signature Date

Printed Name

Title

RFCSP-1

REQUEST FOR COMPETITIVE SEALED PROPOSALS INSTRUCTIONS

for

Construction Services

for the:

EAST LIVE OAK GROUND STORAGE TANK PAINTING AND REHABILITATION PROJECT

RFCSP #17-PW-47-C-04 / Schertz Project WA-C-1702

1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154

RFCSP-2

Instruction Document Table of Contents

I. Background II. Construction Services III. Objectives IV. Scope of Work V. Selection Process VI. Evaluation Criteria VII. Additional Instructions, Notifications, and Information VIII. Submittal Instructions IX. Conflict of Interest X. Contract

RFCSP-3

I. BACKGROUND

The City of Schertz (the “City” and the “Owner”) requires construction services in connection with the repainting of the interior and exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and exterior of the attached piping in accordance with Technical Specifications, Project Plans, and Contract Documents. (the “Project”).

Contractor’s responsibility includes, but is not limited to, construction sequencing in accordance with the Contract Documents, quality control of workmanship and materials, handling of all material, handling and disposal of all waste material, and compliance with all regulatory standards governing the work.

The Ground Storage Tank is a welded steel tank 93’-0” diameter constructed by Holloway Co.

in 1988. Nominal height is 32’-0” from foundation elevation.

Responses are solicited for this service in accordance with the terms, conditions, and instructions set forth in the RFCSP guidelines.

The estimated construction budget for this project is $295,000.00 for all the work including all incidental and contingent expenses associated with the construction of the Project.

The City of Schertz will receive responses to this RFCSP at the offices of City of Schertz’s Purchasing Department until 2:00 P.M. on November 28, 2017. Receipt of response does not bind City of Schertz to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

II. CONSTRUCTION SERVICES A. PURPOSES OF THIS RFCSP

The City of Schertz invites the submittal of responses to this “Request for Competitive Sealed Proposals” (RFCSP) from qualified firm(s) interested in providing construction services in connection with the East Live Oak Ground Storage Tank Painting and Rehabilitation Project that incorporates materials, labor, equipment and superintendence for the repainting of the interior and exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and exterior of the attached piping in accordance with these Technical Specifications, Project Plans, and Contract Documents. Contractor’s responsibility includes, but is not limited to, construction sequencing in accordance with the Contract Documents, quality control of workmanship and materials, handling of all material, handling and disposal of all waste material, and compliance with all regulatory standards governing the work. This procurement method is allowable per Texas Local Government Code 2269. B. LOCATION

1049 East Live Oak Road in Schertz, Texas.

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C. PROJECT DURATION

The projected completion is estimated to be 120 calendar days from the issuance of Notice to Proceed. The City reserves the right to phase the construction of the Project or modify the schedule as needed and determined by the City due to modifications in scope. III. OBJECTIVES

Owner proposes to retain a highly qualified, capable firm to act as its general contractor for the construction of the Project. Firms who participate in this RFCSP process are sometimes referred to as “Bidders”, “Respondents” and “Offerors”. Owner will give prime consideration to the Bidders with significant, current experience in the management and construction of similar projects. Experience in the rehabilitation of ground storage tanks is essential. Pursuant to its statutory authority, Owner reserves the right to negotiate with a selected Respondent but shall not be obligated to enter into any contract with any Respondent on any terms or conditions. IV. SCOPE OF WORK

Owner anticipates the scope of work to consist of the following responsibilities:

The selected Respondent will be the general contractor for the Project, which is East Live Oak Ground Storage Tank Painting and Rehabilitation, which includes the repainting of the interior and exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and exterior of the attached piping in accordance with these Technical Specifications, Project Plans, and Contract Documents. Contractor’s responsibility includes, but is not limited to, construction sequencing in accordance with the Contract Documents, quality control of workmanship and materials, handling of all material, handling and disposal of all waste material, and compliance with all regulatory standards governing the work.

The selected Offeror will be also responsible for: obtaining all applicable permits and

inspections; providing all necessary performance and payment bonds and insurance certificates; and providing the City with all warranties for all equipment installed.

The selected Offeror may be required to perform some or all of the following pre-construction and construction services. Preconstruction Services may include, but not necessarily be limited to, value engineering the Work. Construction Services may include, but not necessarily be limited to, all work associated with construction, operation, and warranty of the facilities.

The following represents a summary of the Scope of Work:

• Prepare interiors of tanks and apply protective coating as specified in Section 09871. The existing interior coating systems may contain lead and shall be determined prior to removal of paint.

• Replace interior ladder. Replace interior rafter support column and ring to match as-built plans. • Remove and replace existing roof access to interior ladder with new 3’x3.5’ access and cover.

Add safety hand rail.

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• Remove the abandoned 16-inch fill line and cap roof penetration. Remove exterior level indicator and cap roof penetration

• Prepare exterior of tanks and apply protective coating as specified in Section 09871. Initial testing indicates that existing lead paint levels are below the 1% regulatory limits; report included in Contract Documents Contractor will control emissions from abrasive blasting of existing storage tank exterior by one of the methods included in 30 TAC 111.137.b

• Re-install all removed equipment. • Clean and re-grade site as required including repair of roadways to original condition. Site

shall be kept cleaned both during and upon completion of construction. • Miscellaneous site and other work necessary or incidental for completion of the project.

V. SELECTION PROCESS

Respondents shall prepare a sealed proposal responsive to all information requested in this RFCSP.

The City will use a selection committee to evaluate the proposals. The City’s selection committee will rank the Offerors based on the information provided and in accordance with the selection criteria contained in this RFCSP. The City will notify each Offeror of the rankings within 45 days of bid opening. The City will then negotiate with highest ranked Offeror on contract terms and conditions. If a contract cannot be successfully negotiated with the highest ranked Offeror, in the City's opinion, negotiations will be terminated and the City will proceed to negotiate with the next highest ranked Offeror until a mutually agreed contract can be negotiated.

VI. EVALUATION CRITERIA

The criteria used to evaluate the RFCSP responses will include, but not be limited to, the following (items listed below are not listed in order of importance):

A. Qualifications of Respondent Firm and Experience on Similar Projects. Qualifications of firm in executing similar projects utilizing the Competitive Sealed Proposal or other procurement methods and qualifications related to collaborating with design partners in constructability and Value Analysis in this delivery method (emphasis on last five (5) years). As well as related municipal project experience, including completed and ongoing projects of the firm(s) and individuals who would be assigned to this Project.

B. Experience on Public Projects. Related project experience with the other public

owners including municipalities, school districts, and other local governmental entities, as well as experience with local subcontractors, with particular attention to individuals who would be assigned to this Project.

C. Available Resources to Complete Project. This criterion would include personnel,

resources and methodologies commonly used by your firm that may be applicable to the project categories.

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D. Corporate history and stability. This criterion includes the historical stability of the Respondent, its corporate structure and longevity, its history involving litigation or arbitration with owners and subcontractors, and a statement of any liquidated damages that have previously been withheld by public owner clients of the Respondent on projects in the last five (5) years.

E. References. The City will contact those references as provided within the Cost

Proposal’s “Additional Respondent Information” section.

F. Cost. This criterion will be considered in the initial ranking of offers and should include information concerning the offeror’s requested fees and prices for fulfilling the Project’s general conditions.

Item Weighting A. Qualifications of Offeror and Experience on Similar Projects 15%

B. Experience on Public Projects 10%

C. Available Resources to Complete Project 20% D. Corporate history and stability 5% E. References 5% F. Cost 45%

I. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS, AND INFORMATION

A. All information True – Respondent represents and warrants to Owner that all information provided in the response shall be true, correct and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to Owner for consideration in the selection process shall be excluded.

B. Inquires – Do not contact Owner during the selection process to make inquiries about

the progress of this selection process. Such contact may result in disqualification. Respondents will be contacted when it is appropriate to do so.

C. Cost of Responses – Owner will not be responsible for the costs incurred by anyone in

the submittal of responses. D. Contract Negotiations – This RFCSP is not to be construed as a contract or as a

commitment of any kind. If this RFCSP results in a contract offer by Owner, the specific scope of work, associated fees, and other contractual matters will be determined during contract negotiations.

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E. Respondent Information Sheet – The respondent shall complete the attached “Respondent Information Sheet” with their proposal. It is necessary that all information shall be provided.

E. No Obligation – Owner reserves the sole right to (1) evaluate the responses submitted;

(2) waive any irregularities therein; (3) select candidates for the submittal of more detailed or alternate proposals (4) accept any submittal or portion of submittal; (5) reject any or all Respondents submitting responses, should it be deemed in Owner’s best interest, or (6) cancel the entire process.

VIII. SUBMITTAL INSTRUCTIONS

A. Submission Date: Sealed Proposal packages will be received by the Purchasing Department of the City of Schertz located at 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 by 2:00 P.M. (CST) on December 19, 2017, via hand delivery, parcel service or mail. No fax or E-mail bids will be accepted. Proposals submitted after the date and time will not be accepted.

B. Packaging: Proposals shall include one electronic and one hard copy original with three (3) additional copies as described below. The sealed packages shall be clearly marked with both your firm’s name and the description “East Live Oak Ground Storage Tank Painting and Rehabilitation Project, #17-PW-47-C-04”. The contents included within the proposal package shall be separated into two sealed envelopes or boxes: Envelope #1 shall include one original of the following:

• The Proposal Checklist • A completed Respondent Information Sheet • The Signed Cost Proposal, Proposal Certification & Bid Bond (Bound together) • Qualifications of Respondent Firm and Experience on Similar Projects • Experience on Public Projects • Corporate History and Stability • Available Resources to Complete Project • Company References per the Cost Proposal Cost Proposal’s “Additional

Respondent Information” section. • A copy of Current Certificate of Liability Insurance • Electronic Copy of Signed Original Proposal on CD/DVD or USB Media This envelope shall be clearly labeled with the respondent’s name, project name, solicitation number and the designation “Envelope #1”.

Envelope #2 shall include three bound copies of the following:

• Respondent Information Sheet • Qualifications of Respondent Firm and Experience on Similar Projects • Experience on Public Projects

RFCSP-8

• Corporate History and Stability • Available Resources to Complete Project • Company References per the Cost Proposal Cost Proposal’s “Additional

Respondent Information” section.

NOTE: DO NOT INCLUDE A COST PROPOSAL AND DO NOT REFERENCE PRICING WITHIN ANY MATERIALS WITHIN THIS SUB-PACKAGE #2. This envelope shall be clearly labeled with the respondent’s name, project name, solicitation number and the designation “Envelope #2”.

II. CONFLICT OF INTEREST

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any

vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City Secretary of the City of Schertz not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.

X. CONTRACT

http://www.ethics.state.tx.us/forms/CIQ.pdf

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

https://www.ethics.state.tx.us/tec/1295-Info.htm

RFCSP-9

The successful Respondent shall be required to execute an Agreement with the City, provided as an attachment to this RFCSP. THE CITY OF SCHERTZ RESERVES THE RIGHT TO REFUSE AND REJECT ANY OR ALL RFCSP AND TO WAIVE ANY OR ALL FORMALITIES OR TECHNICALITIES, AND TO MAKE SUCH AWARDS OF CONTRACT AS MAY BE DEEMED TO BE THE BEST VALUE AND MOST ADVANTAGEOUS TO THE CITY OF SCHERTZ.

END OF RFCSP INSTRUCTION DOCUMENT

City of Schertz Live Oak 1.5 MMG Ground Storage Tank Repainting

CP - 1 Proposer’s Signature _______________________

COST PROPOSAL PROPOSAL OF ___________________________________________________, a corporation A partnership consisting of _________________________________________________________________ An individual doing business as _________________________________________________________________ TO THE CITY OF SCHERTZ: Pursuant to Instructions and Invitations to Respondents, the undersigned proposes to provide materials, labor, equipment and superintendence for the repainting of the interior and exterior of the City of Schertz 1.5MMG steel ground storage tank located at 1049 East Live Oak Road, Schertz, Texas, and exterior of the attached piping, #17-PW-24-C-02, City Project No. WA-C-1702 in accordance with the Plans and Specifications for the following prices to wit:

Base Bid

____________________________________________________________ (Dollars)

and _________________________________ (Cents) ($_________________)



TABULATION OF BASE BID: The Base Bid as shown in BF-1 is further itemized as follows: ITEM

NO. ITEM DESCRIPTION (UNIT PRICE TO BE

WRITTEN IN WORDS)

UNIT QTY UNIT PRICE IN FIGURES

TOTAL IN FIGURES

1 1.5 MMG GROUND STORAGE TANK (INTERIOR) Furnish all materials, labor, equipment and superintendence for the interior painting and rehabilitation of a 1.5 million-gallon welded steel water storage tank and appurtenances. Including, but not limited to, removing tank from service, surface preparation, crows nest repair, coating, testing and disinfection in accordance with the contract plans and specifications; complete in place.

LS 1 $ _______

$

2 1.5 MMG GROUND STORAGE TANK (EXTERIOR) Furnish all materials, labor, equipment and superintendence for the exterior rehabilitation of a 1.5 million-gallon welded steel water storage tank and appurtenances. Including, but not limited to, emissions control, surface preparation, tank coating, and site restoration in accordance with the contract specifications; complete in place

LS 1 $ _______

$

3 Furnish all materials, labor, equipment and superintendence for the replacement of the existing vent and vent neck with new standard 24" aluminum passive vent; complete in place

LS 1 $ _______

$



ITEM NO.

ITEM DESCRIPTION (UNIT PRICE TO BE

WRITTEN IN WORDS)

UNIT QTY UNIT PRICE IN FIGURES

TOTAL IN FIGURES

4 Furnish all materials, labor, equipment and superintendence for the replacement of the existing roof hatch as shown in the plans and specifications, and replacement of interior ladder, replacement of existing float switch; complete in place

LS 1 $ _______

$

5 Furnish all materials, labor, equipment and superintendence for the removal of the existing piping of the abandoned fill line, from roof penetration to ground level; complete in place.

LS 1 $ _______

$

6 Furnish all materials, labor, equipment and superintendence for the replacing of the roof rafter column support ring; complete in place.

LS 1 $ _______

$

TOTAL BASE BID $ __ Dollars

and Cents



1. Complete the additional requirements of the Proposal which are included on the

following pages. 2. Bidder must return pages CP-1 through CP-5 with this Proposal. Any and all Addenda

which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this bid.

3. The Work included in this Proposal shall be Substantially Complete, as defined in the

General Conditions within 120 calendar days from issuance of the Notice to Proceed.

ADDITIONAL BIDDER INFORMATION

Complete the additional requirements of the Proposal. All blanks must be filled in for the Proposal to be considered responsive. If a question is not applicable, put the words “not applicable” in the space provided.

1. What similar public works projects has your company completed?

Owner Owner’s Phone

Number Project

Description Date Completed Contract Amount

The remainder of this page is intentionally blank.



COST PROPOSAL Accompanying this proposal is a Bid Bond or Certified or Cashier’s, Check on a State or National Bank payable to the Order of the City of Schertz, Texas for ________________________________________ dollars ($________________________), which amount represents five percent (5%) of the total bid price. Said bond or check is to be returned to the Respondent unless the proposal is accepted and the Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the Respondent to execute the contract. The City of Schertz, Texas reserves the right to reject any and all proposals. It is anticipated that the Owner will act on this proposal within 60 calendar days after the proposal opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 120 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the proposal prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that Respondent's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the Respondent will affirmatively cooperate in the implementation of these policies and practices.

Signed:

Company Name

Authorized Company Signature

Name Printed

Address

City, State, Zip

Telephone

GENERAL CONDITIONS

TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number & Title Number

1. DEFINITIONS. ........................................................................................................................2

2. PRELIMINARY MATTERS....................................................................................................6

3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE. ...........................................8

4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. .................................................................................9

5. BONDS AND INSURANCE ...................................................................................................12

6. CONTRACTOR'S RESPONSIBILITIES.................................................................................14

7. OTHER WORK. .......................................................................................................................27

8. OWNER'S RESPONSIBILITIES. ............................................................................................28

9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION. ...................................29

10. CHANGES IN THE WORK. ...................................................................................................30

11. CHANGE OF CONTRACT AMOUNT. .................................................................................32

12. CHANGE OF CONTRACT TIMES. .......................................................................................34

13. TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK. .............................................................................37

14. PAYMENTS TO CONTRACTOR AND COMPLETION ......................................................40

15. SUSPENSION OF WORK AND TERMINATION. ................................................................46

16. DISPUTE RESOLUTION. .......................................................................................................48

17. RIGHT TO AUDIT ..................................................................................................................49

18. MISCELLANEOUS ................................................................................................................50

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ARTICLE 1 - DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents.

1.2 Agreement - Prescribed form, Standard Form of Agreement.

1.3 Bid Documents - The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda.

1.4 Calendar Day - Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER.

1.5 Change Directive - A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order.

1.6 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term.

1.7 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract.

1.8 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents.

1.9 Contract Amount - The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents.

1.10 Contract Documents – Invitation to Bid, Instructions to Bidders, General Conditions, Supplemental General Conditions (if any), Special Conditions (if any), Technical Specifications, Project Manual, Drawings, Addenda and Change Orders.

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1.11 Contract Time - The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four (24) hours measured from midnight to the next midnight will constitute a day.

1.12 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract.

1.13 Date of Execution - Date of last signature of the parties to the Agreement.

1.14 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined.

1.15 Engineer - The OWNER's design professional identified as such in the Contract.

1.16 Equal - The terms "equal" or "approved equal" shall have the same meaning.

1.17 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time.

1.18 Final Acceptance - The stage in the Contract process when, in the OWNER’s opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued.

1.19 Final Completion - The stage in the progress of the Work when, in the OWNER’s opinion, the entire Work has been completed, the CONTRACTOR’s obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER.

1.20 Inspector - The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work.

1.21 Legal Holidays

1.22 The following are recognized by the OWNER:

Holiday Date Observed

New Year's Day January 1

Martin Luther King, Jr.'s Third Monday Birthday in January

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President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Veteran's Day November 11

Thanksgiving Day Fourth Thursday

in November

Friday after Friday after Thanksgiving Thanksgiving

Christmas Eve December 24

Christmas Day December 25

1.22.1 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday.

1.22.2 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday.

1.22.3 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday.

1.23 Milestones - A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

1.24 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR fixing the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents.

1.25 OWNER – The City of Schertz, acting through its City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project.

1.26 Owner's Representative - The designated representative of the OWNER. Such

designation shall be provided to ENGINEER and CONTRACTOR in writing.

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1.27 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

1.28 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents.

1.29 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda.

1.30 Proposal Documents – The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda.

1.31 Resident Project Representative - The authorized representative of ENGINEER who may be assigned to the site or any part thereof.

1.32 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents.

1.33 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project.

1.34 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, is sufficiently complete in accordance with the Contract Documents so that the OWNER can utilize the Work for its intended purpose or use.

1.35 Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work.

1.36 Sub-subcontractor - A person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work.

1.37 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work.

1.38 Supplier - An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor.

GC - 6

1.39 Time Extension Request - A request for time extension on a form acceptable to the OWNER.

1.40 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents.

1.41 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working Times. Upon authorization by the Owner’s Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and in that event a Working Day will be counted for each such day.

1.42 Working Times - Times of day(s) during which work may be performed. Unless authorized by OWNER, all Work shall be performed between 8:00 a.m. and 5:00 p.m. on weekdays. If authorized by the OWNER between 8:00 a.m. and 5:00p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein.

1.43 Written Notice - Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. Written Notice sent or transmitted by electronic mail or facsimile must be actually received to be considered delivered and to comply with notice requirements herein. Transmission done by electronic mail or facsimile does not constitute delivery.

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation:

2.1.1 Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract.

2.2 Copies of Documents:

2.2.1 The OWNER shall furnish to the CONTRACTOR three (3) printed copies of the Contract Documents and one (1) copy in electronic portable document format (PDF) unless otherwise specified. Additional printed copies will be furnished, upon request, at the cost of reproduction.

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2.3 Commencement of Contract Times; Notice to Proceed: 2.3.1 The Contract Time(s) will begin to run on the day indicated in the Notice to Proceed.

2.4 Before Starting Construction:

2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to OWNER & ENGINEER any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. Should Contractors perform the Work after discovery of such a conflict without reporting the conflict or before receipt of a clarification or interpretation by Engineer, Contractor will be solely liable for any correction or other measures that may be required to overcome the conflict or bring the Work into compliance with the Contract Documents.

2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference:

.1 a preliminary progress schedule indicating the times (number of days or dates)

for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours;

.2 a preliminary schedule of Shop Drawing and sample submittals;

.3 a preliminary schedule of values for all of the Work, subdivided into component

parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work;

.4 a letter designating CONTRACTOR's Superintendent;

.5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried

specialists;

.6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures;

.7 if applicable, a trench safety system plan;

.8 if applicable, a plan illustrating proposed locations of temporary facilities;

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.9 if applicable, a traffic control plan;

.10 a completed Non-Use of Asbestos Affidavit (Prior to Construction); and

.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor that shall be employed for any portion of the Work required by the Contract Documents to be performed by a RPLS.

2.5 Preconstruction Conference:

2.5.1 Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.1 Intent:

3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the CONTRACTOR shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation):

Standard Form of Agreement Addenda to the Contract Documents General Conditions Performance and Payment Bonds Request for Proposal and any Contract Forms Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions)

3.1.2 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

3.2 Reporting and Resolving Discrepancies:

3.2.1 If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to ENGINEER in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or

GC - 9

supplement to the Contract Documents has been issued by one of the methods indicated in section 3.3. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known.

3.3 Amending and Supplementing Contract Documents:

3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways:

.1 Change Order.

.2 Change Directive.

3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways:

.1 Field Order.

.2 Review of a Shop Drawing or sample.

.3 Written interpretation or clarification.

3.4 Reuse of Documents Prohibited:

3.4.1 The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and ENGINEER.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

4.1 Availability of Lands:

4.1.1 The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the

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OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of spoils, materials and equipment.

4.2 Subsurface and Physical Conditions:

4.2.1 CONTRACTOR accepts the responsibility to satisfy itself as to the soil conditions and nature and type of geological formations in and through which this Project will be constructed. Such information as may be obtained from the test borings (if borings have provided) and accompanying notations shown on the plans is merely for the guidance of the CONTRACTOR and is not to be construed in any manner as a guarantee by the OWNER that such conditions of sub-surface strata are infallible.

4.2.2 The CONTRACTOR hereby represents and covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper.

4.2.3 CONTRACTOR waives any and all rights to make a claim against OWNER relating to representations related to geotechnical data provided in the contract documents, plans and specifications. The locations of the test holes, if applicable, are shown in the Geotechnical Report. Logs of these test holes are included in the Geotechnical Report. Test holes information represents subsurface characteristics to the extent indicated and only for the point location of the test hole. CONTRACTOR shall make its own interpretation of the character and condition of the materials, which will be encountered. CONTRACTOR may, at its own expense, make additional surveys and investigations as it may deem necessary to determine conditions, which will affect performance of the Work.

4.2.4 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. ENGINEER will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, may recommend an equitable adjustment in the Contract Amount or Contract Time, or both. If ENGINEER determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. If CONTRACTOR disagrees with ENGINEER’S determination, CONTRACTOR may appeal such determination to OWNER. Such appeal must be presented to OWNER with all supporting documentation evidencing CONTRACTOR’S claim for an adjustment to the Contract Amount or Contract Time within thirty (30) calendar days of

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completing the Work. Any unresolved disputes arising from ENGINEER’S OR OWNER’S determination shall be resolved in accordance with Article 16.

4.2.5 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines" means the all utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call" and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and non-delegable. The CONTRACTOR shall be liable for any expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.

4.3 Reference Points:

4.3.1 Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER’s opinion, are suitable for laying out the Work.

4.3.2 All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, the CONTRACTOR will provide notice of the conflict to ENGINEER and note the location of such on a set of red-lined drawings to be maintained at all times on the jobsite. Reestablishment will be the CONTRACTOR’s responsibility during or upon completion of the Work.

4.4 Hazardous Materials:

4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify the OWNER of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials.

4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.

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4.4.3 CONTRACTOR shall be responsible for securing and protecting the site and ensuring that no third-parties or other persons enter the site without authorization. CONTRACTOR shall be responsible for all costs and damages resulting from any harm or injury that is caused by hazardous materials on the site to any unauthorized entrants. CONTRACTOR shall indemnify and hold OWNER and ENGINEER harmless from any claims, costs, or damages related to a breach of this section pursuant to the INDEMNIFICATION provisions contained herein. 4.4.4 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. ARTICLE 5 - BONDS AND INSURANCE

5.1 Surety and Insurance Companies:

5.1.1 All bonds and insurance required by the Contract Documents shall be obtained from surety or insurance companies that are duly licensed by the State of Texas and authorized by the State of Texas and the Texas Department of Insurance to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety that complies with the requirements of Chapter 3503 of the Texas Insurance Code.

5.2 Contractor Insurance Requirements

5.2.1 For specific insurance requirements, refer to Exhibit A to these General Conditions, OWNER’s Insurance Requirements.

5.2.1 General Requirements:

.1 CONTRACTOR shall carry insurance in the types and amounts indicated for

the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period.

.2 CONTRACTOR must complete and forward the required Certificates of

Insurance to OWNER within ten (10) days of the Date of Execution the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage.

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.3 All endorsements naming the OWNER and ENGINEER as additional insured,

waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Schertz and Ford Engineering, Inc.

.4 Where the OWNER and ENGINEER are additional insured shown on any

policy, it is intended that policies required in the Contract, covering OWNER, ENGINEER and CONTRACTOR, shall be considered primary coverage as applicable.

.5 If insurance policies are not written for amounts specified in Exhibit A,

Owner’s Insurance Requirements, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.

.6 OWNER and ENGINEER shall be entitled, upon request and without

expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies.

.7 OWNER and ENGINEER reserve the right to review the insurance

requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER or ENGINEER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR.

.8 CONTRACTOR shall not cause any insurance to be canceled nor permit any

insurance to lapse during the term of the Contract or as required in the Contract.

.9 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance.

.10 CONTRACTOR shall provide OWNER and ENGINEER thirty (30) days

written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract.

.11 If OWNER-owned property is being transported or stored off-site by

CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property.

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.12 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR.

5.3 Bonds:

5.3.1 General.

.1 Bonds, when required, shall be executed on forms furnished by or acceptable

to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or

becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10) days thereafter substitute another bond and surety, both of which must be acceptable to OWNER.

.3 Bonds provided by CONTRACTOR shall conform to the requirements

contained in Chapter 2253 of the Government Code. 5.3.2 Performance Bond.

.1 CONTRACTOR shall furnish OWNER with a Performance Bond in the form

set out by OWNER, which shall extend for the one year warranty period. 5.3.3 Payment Bond.

.1 CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out

by OWNER. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

6.1 Supervision and Superintendence:

6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction.

6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon OWNER’S request, the CONTRACTOR shall present the resume of the Superintendent to Owner’s Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the OWNER’S opinion, the proposed Superintendent does not indicate

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sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without written consent of the OWNER. Such consent shall not be unreasonably withheld. The Superintendent will be the CONTRACTOR’s representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress.

6.2 Labor, Materials and Equipment:

6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project.

6.2.2 CONTRACTOR shall provide and pay for labor in accordance with the prevailing wage in the locality and shall not pay less than the prevailing wage.

6.2.3 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work.

6.2.4 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by OWNER, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. All special or manufacturer’s warranties required by the specifications shall expressly run to the benefit of the OWNER.

6.2.5 Substitutes and "Approved Equal" Items:

6.2.5.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains words reading that no like, equivalent or "approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to OWNER under the following circumstances:

.1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an

item of equipment proposed by the CONTRACTOR is functionally equal to that

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named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination.

.2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an

item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.5.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor.

6.2.5.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to OWNER's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents.

6.2.5.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.5.1.1 and paragraph 6.2.5.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any "approved equal" or substitute. The OWNER shall not be responsible for any delay due to review time for any "approved equal" or substitute.

6.2.5.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense.

6.2.5.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’S expense a special performance guarantee or other warranty bond with respect to any substitute.

6.2.5.6 Effect of Engineer’s Determination: If ENGINEER approves the substitution request, CONTRACTOR shall execute any required documentation and proceed with the substitution. The ENGINEER’S denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

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6.2.6 Shop Drawings, Samples, and Other Submittals: 6.2.6.1 Shop Drawing and Sample Submittal Requirements:

.1 Before submitting a Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

.2 Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

.3 With each submittal, Contractor shall give Engineer specific written notice of any

variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation.

6.2.6.2 Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.

.1 Shop Drawings:

a. Contractor shall submit the number of copies and format as required in the Specifications.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information provided.

.2 Samples:

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a. Contractor shall submit the number of Samples required in the Specifications.

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal.

.3 Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

.4 After review and approval of Submittal, Shop Drawing or Sample by Engineer in

accordance with this section, Contractor may rely on the information provided by Engineer. Work performed in accordance with an approved Submittal, Shop Drawing, or Sample and the Contract Documents will be presumed to be acceptable to Owner unless an actual defect in the Work is discovered.

6.2.6.3 Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

6.2.6.4 Engineer’s Review:

.1 Engineer will provide timely review of Shop Drawings and Samples in accordance

with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

.2 Engineer’s review and approval of a Shop Drawing or Sample shall not relieve

Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.2.5 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

.3 Engineer’s review and approval of a Shop Drawing or Sample, or of a variation

from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

.4 Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing,

Sample, or other submittal shall result in such item becoming a Contract Document.

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.5 Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples subject to the obligations and limitations provided in section 6.2.6.4.2 above.

6.2.6.5 Resubmittal Procedures:

.1 Contractor shall make corrections required by Engineer and shall return the required

number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

.2 Contractor shall furnish required submittals with sufficient information and accuracy

to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.

.3 If Contractor requests a change of a previously approved submittal item, Contractor

shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

6.3 Progress Schedule:

6.3.1 Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.4.2.1 as it may be adjusted from time to time as provided below:

.1 The CONTRACTOR shall submit to OWNER for acceptance proposed adjustments

in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect.

.2 Proposed adjustments in the progress schedule that will change the Contract

Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12.

.3 The CONTRACTOR shall submit updated progress schedules with each application

for payment showing progress in the work and the plan for the progress of the work thereafter.

.4 A current and updated progress schedule shall be posted at the site at all times.

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6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR shall not assign this Contract without the prior written consent of the OWNER.

6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it intends to use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections, the OWNER will communicate such objections by Written Notice. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER.

6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions.

6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the OWNER through the CONTRACTOR.

6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade.

6.5 Patent Fees and Royalties:

6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid.

6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER.

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6.5.3 THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, DEFEND, AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY, DIRECT OR INDIRECT, ARISING WITH RESPECT TO THE CONTRACTOR'S PROCESS IN THE FORMULATION OF ITS BID OR THE PERFORMANCE OF THE WORK OR OTHERWISE ARISING IN CONNECTION THEREWITH. THE OWNER RESERVES THE RIGHT TO PROVIDE ITS OWN DEFENSE TO ANY SUIT OR CLAIM OF INFRINGEMENT OF ANY PATENT OR COPYRIGHT IN WHICH EVENT THE CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE OWNER FROM ALL COSTS AND EXPENSES OF SUCH DEFENSE AS WELL AS SATISFACTION OF ALL JUDGMENTS ENTERED AGAINST THE OWNER.

6.6 Permits, Fees:

Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work.

OWNER will obtain and pay for the following permits, licenses and/or fees, if required:

.1 Site Development Permit.

.2 Building Permit(s).

.3 Texas Department of Transportation permit for work in State rights-of-way.

.4 Railroad Utility License Agreement.

6.7 Laws and Regulations:

6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor ENGINEER shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations.

6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution.

6.7.3 If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or regulations, then the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3.

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6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas.

6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Texas Tax Code and is thereby exempt from payment of sales tax. To enjoy the cost-savings benefits of its tax-exempt status, the OWNER will provide a Tax Exemption Certificate to the CONTRACTOR for use on the Project. The CONTRACTOR shall use that certificate to exempt any purchases made for the Work from taxes. All savings for the tax-exempt status will be passed on to the OWNER by the CONTRACTOR. The CONTRACTOR agrees to bind all SUBCONTRACTORS of any tier to the obligation to present and use the Tax Exemption Certificate and pass all savings to the OWNER.

6.9 Use of Premises:

6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ENGINEER, ENGINEER'S CONSULTANTS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RESULTING FROM ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OWNER OR OCCUPANT AGAINST THE OWNER, ENGINEER OR ANY OTHER PARTY INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED BY OR BASED UPON PERFORMANCE OF THE WORK OR FAILURE TO PERFORM THE WORK.

6.9.2 During the progress of the Work, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents.

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6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

6.10 Record Documents:

The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings, will be available to the OWNER and ENGINEER for reference during performance of the Work. Prior to Final Acceptance of the Work, these record documents, samples and Shop Drawings shall be promptly delivered to the OWNER. Delivery of these record documents is a condition precedent to Final Completion.

6.11 Safety and Protection:

6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures, the CONTRACTOR shall submit a site security plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to:

.1 all persons on the Work site or who may be affected by the Work;

.2 all the Work and materials and equipment to be incorporated therein, whether in

storage on or off the site; and

.3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction.

6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify OWNERS of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, shall be remedied by the CONTRACTOR. The CONTRACTOR's duties and responsibilities

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for safety and protection of the Work shall continue until such time as all the Work is finally complete.

6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications.

6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations.

6.11.5 Emergencies:

6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or ENGINEER, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action.

6.11.5.2 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and ENGINEER's records, within forty-eight (48) hours of the event. Nothing in this section will relieve CONTRACTOR of its obligations and responsibilities with respect to an injury under any state and federal laws and regulations.

6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing.

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6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by:

.1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or

.2 normal wear and tear under normal usage.

6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents:

.1 observations by OWNER and/or ENGINEER;

.2 recommendation of any progress or final payment by OWNER;

.3 the issuance of a certificate of Substantial Completion or any payment by the

OWNER to the CONTRACTOR under the Contract Documents;

.4 use or occupancy of the Work or any part thereof by the OWNER;

.5 any acceptance by the OWNER or any failure to do so;

.6 any review of a Shop Drawing or sample submittal;

.7 any inspection, test or approval by others; or

.8 any correction of defective Work by the OWNER. 6.13.3 The Contractor warrants and guarantees for one (1) year from Substantial Completion, or for a longer period if expressly stated in the Contract Documents, the Work. This includes a Warranty and Guarantee against any and all defects. The Contractor must correct any and all defects in material and/or workmanship which may appear during the Warranty and Guarantee period, or any defects that occur within one (1) year of Substantial Completion even if discovered more than one (1) year after Substantial Completion, by repairing (or replacing with new items or new materials, if necessary) any such defect at no cost to the Owner, within a reasonable period of time, and to the Owner's satisfaction.

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6.14 Indemnification: 6.14.1 THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER PROFESSIONALS AND ALL COURT OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS OR DAMAGE:

.1 IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR

DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE RESULTING THEREFROM, AND

.2 IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR

OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, ANY PERSON OR ORGANIZATION DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM OR FURNISH ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT CAUSED IN PART BY ANY NEGLIGENCE OR OMISSION OF A PERSON OR ENTITY INDEMNIFIED HEREUNDER OR WHETHER LIABILITY IS IMPOSED UPON SUCH INDEMNIFIED PARTY BY LAWS AND REGULATIONS REGARDLESS OF THE NEGLIGENCE OF ANY SUCH PERSON OR ENTITY.

6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts.

6.14.3 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.

6.15 Survival of Obligations:

6.15.1 All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement.

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6.16 Force Majeure 6.16.1 If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 7); and

4. acts of war or terrorism.

6.17 Notice of Claim:

6.17.1 Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within ninety (90) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose.

ARTICLE 7 - OTHER WORK

7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12.

7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not

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endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage wrongfully caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors.

7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an express waiver of claims and an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work.

7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised.

7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor.

ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. This section shall not limit the ENGINEER’S role as the OWNER’s design professional or its ability to communicate with the CONTRACTOR to ensure the Work complies with the Contract Documents.

8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract.

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8.3 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work.

8.4 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion).

8.5 Notice of Claim:

8.5.1 Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a Claim will be made to the other party within ninety (90) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose.

ARTICLE 9 - ENGINEER STATUS DURING CONSTRUCTION 9.1 ENGINEER's Authority and Responsibilities:

9.1.1 The duties and responsibilities and the limitations of authority of ENGINEER during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and ENGINEER. The assignment of any authority, duties or responsibilities to ENGINEER under the Contract Documents, or under any agreement between the OWNER and ENGINEER, or any undertaking, exercise or performance thereof by ENGINEER, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub-subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them.

9.1.2 If the OWNER so directs, ENGINEER will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents.

9.1.3 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants.

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9.2 ENGINEER as Owner's Representative: 9.2.1 The OWNER may designate the ENGINEER as the Owner’s Representative. Any such

designation will be made in writing to the CONTRACTOR with a copy to the ENGINEER.

9.3 Visits to Site:

9.3.1 If the OWNER so directs, ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. ENGINEER's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, ENGINEER will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work.

9.4 Project Representative: 9.4.1 If the OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1. The OWNER may designate another representative or agent to represent the OWNER at the site who is not ENGINEER, ENGINEER's consultant, agent or employee.

9.5 ENGINEER shall review and approve Shop Drawings and Samples in accordance with section 6.2.6.

9.6 Clarifications and Interpretations:

9.6.1 ENGINEER may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents, will be issued with reasonable promptness. The CONTRACTOR may seek a written clarification or interpretation from the engineer through a written Request for Information (RFI). The ENGINEER shall respond to all RFI’s promptly. If the OWNER or the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12.

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9.7 Rejecting Defective Work: 9.7.1 ENGINEER will recommend that the OWNER disapprove or reject Work which ENGINEER believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

ARTICLE 10 - CHANGES IN THE WORK 10.1 Changes:

10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order.

10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order.

10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.

10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR 's opinion, will result in a change in the Contract Amount and/or Contract Times.

10.2 Change Orders:

10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering:

.1 a change in the Work;

.2 the amount of the adjustment in the Contract Amount, if any; and

.3 the extent of the adjustment in the Contract Time, if any.

10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order.

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10.3 Change Directives:

10.3.1 The OWNER may by written Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order.

10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5.

10.3.3 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order:

10.4.1 The OWNER or ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the CONTRACTOR who shall perform the Work involved promptly.

10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to The Owner for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order.

10.5 No Damages for Delay:

10.5.1 The CONTRACTOR shall receive no compensation for delays or hindrances to the Work. CONTRACTOR expressly waives any right to an adjustment in Contract Price for any event of delay. CONTRACTOR’s sole remedy for any delay shall be limited to an adjustment in Contract Time. If delay is caused by specific orders given by the OWNER to stop work or by performance of extra Work or by failure of the OWNER to provide information, access to the work, material or necessary instructions for carrying on the Work, then such delay will entitle the CONTRACTOR to an extension of time. No such extension of time shall release the CONTRACTOR from all the CONTRACTOR’s obligations hereunder which shall remain in full force until discharge of the Contract.

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ARTICLE 11 - CHANGE OF CONTRACT AMOUNT

11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents.

11.2 The original Contract Amount may not be increased by more than twenty-five percent (25%) and it may not be decreased more than twenty-five percent (25%) without the consent of the CONTRACTOR to such decrease.

11.3 The Contract Amount shall only be changed by a Change Order or Change Directive. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than ninety (90) calendar days) after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered with the Written Notice of Claim delivered by claimant to the extent the data is available, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16.

11.4 Determination of Value of Work:

11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods:

.1 by application of unit prices contained in the Contract Documents to the

quantities of the items involved.

.2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation.

.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and

profit (determined as provided in paragraph 11.5).

11.4.2 A Cost of Work determined pursuant to 11.5 shall only be used if the OWNER and CONTRACTOR cannot resolve a value determination by agreement on unit pricing or lump sum.

11.5 Cost of Work:

11.5.1 If an agreement cannot be achieved before a change in the Work is commenced which will result in an adjustment in the Contract Amount, then the change in the Work will be performed by a Change Directive and payment will be made as follows:

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.1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rate determination applicable to the Project. If the rate determination does not contain burden, then burden shall be calculated as such: 55% of the base wage excluding markup for CONTRACTOR’s overhead and profit. For each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's total overhead and profit will be added. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER.

.2 The CONTRACTOR will receive the actual cost, including freight charges, of the

materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount.

.3 For machinery, trucks, power tools, or other similar equipment agreed to be

necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit.

.4 The compensation, as herein provided for, shall be received by the

CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER o r E N G I N E E R and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records does not invalidate the accuracy of the record.

11.6 Unit Price Work:

11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the

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CONTRACTOR will be made by the ENGINEER. OWNER and ENGINEER will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).

11.6.2 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item.

11.6.3 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR’s records to verify the accuracy and appropriateness of the pricing data used to price change proposals.

ARTICLE 12 - CHANGE OF CONTRACT TIMES

12.1 Working Day and Calendar Day Contracts:

12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and the OWNER. Any claim for an adjustment of the Contract Times (or Milestones) shall be made by Written Notice delivered by the party making the Claim to the other party promptly after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered with the Written Notice of Claim, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph.

12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed.

12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both the OWNER and the CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts except as provided for in paragraph 12.2.

12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of:

.1 Changes ordered in the work which justify additional time.

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.2 Failure of materials or products being at the Project site due to delays in transportation or delivery, which are not the result of the CONTRACTOR's, Subcontractor's or Supplier's negligence. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, including but not limited to, the CONTRACTOR's efforts to overcome such delays documented as follows:

a) Copy of purchase order for delayed item(s) indicating date ordered by the

CONTRACTOR/Subcontractor and date purchase order received by Supplier.

b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s) forwarded to Supplier.

c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s)

item(s) would be ready for shipment and/or actual shipment date(s).

d) Copies of all correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating the CONTRACTOR/ Subcontractor's efforts to expedite item(s).

e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s).

.3 When acts of the OWNER, ENGINEER, utility owners or other contractors

employed by the OWNER delay progress of work through no fault of the CONTRACTOR.

.4 Events of delay listed in section 6.16.

12.2 Calendar Day Contracts:

Under a Calendar Day Contract, Contractor may also be granted an extension of time because of unusual inclement weather, which is beyond the normal weather recorded and expected for [insert locality for project], Texas. Normal rainfall complied by the State climatologist, based on U.S. Weather Bureau Records for [insert locality for project], Texas, is considered a part of the Calendar Day Contract, and is not a justification for an extension of time. Listed as follows are the mean number of days in which there occurred 0.10 inch or more of precipitation:

January 4 days

February 3 days

March 4 days

April 3 days

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May 5 days

June 5 days

July 3 days

August 3 days

September 4 days

October 5 days

November 3 days

December 3 days Rain days per month in amounts exceeding the number of days shown above may be credited as a Rain Day if a Claim is made in accordance with the general conditions and meets the following definition: a “Rain Day” is any day in which a rain event occurs at the site and is sufficient to prevent Contractor from performing units of Work critical to maintaining the project schedule.

ARTICLE 13 - TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK

13.1 Notice of Defects:

13.1.1 Prompt notice of all defective Work of which the OWNER or ENGINEER has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13.

13.2 Access to Work:

13.2.1 The OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable.

13.3 Tests and Inspections:

13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

13.3.2 The CONTRACTOR shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except:

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.1 for inspections, tests or approvals covered by paragraph 13.3.3 below;

.2 for re-inspecting or retesting defective Work; and

.3 as otherwise specifically provided in the Contract Documents.

All testing laboratories shall be submitted to and approved by the OWNER. 13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and ENGINEER's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work:

13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without OWNER’s or ENGINEER’s concurrence, or if any Work is covered contrary to the OWNER’s written request, it must, if requested by the OWNER or ENGINEER, be uncovered and recovered at the CONTRACTOR's expense.

13.4.2 ENGINEER has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

13.4.3 If any Work is covered contrary to the written request of ENGINEER, then CONTRACTOR shall, if requested by ENGINEER, uncover such Work for ENGINEER’s observation, and then replace the covering, all at CONTRACTOR’s expense.

13.4.4 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, then CONTRACTOR, upon OWNER’s approval and ENGINEER’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, CONTRACTOR shall be

responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending CONTRACTOR’s full discharge of

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this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, CONTRACTOR shall be

allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then CONTRACTOR may submit a Change Proposal within 30 days of the determination that the Work is not defective.

13.5 OWNER May Stop the Work:

13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

13.5.2 A notice to stop the Work, based on causes listed in 13.5.1, shall not stop calendar or working days charged to the Project.

13.6 Correction or Removal of Defective Work:

13.6.1 If required by the OWNER, the CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others).

13.7 Warranty period:

13.7.1 If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is in need of repair, adjustment, modification, correction, or found to be defective, or if the repair of any damages to the Site, adjacent areas that CONTRACTOR has arranged to use through construction easements or otherwise, and other adjacent areas used by CONTRACTOR, is found to be defective, then CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

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3. if the defective Work has been rejected by OWNER, remove it from the Project and

replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

13.7.2 If CONTRACTOR does not promptly comply with the terms of OWNER’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. CONTRACTOR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

13.7.5 CONTRACTOR’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

13.8 OWNER May Correct Defective Work:

13.8.1 If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees, the OWNER's other contractors, ENGINEER and ENGINEER's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. CONTRACTOR shall be liable to OWNER for all claims, costs, losses and damages incurred or sustained by the

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OWNER in exercising such rights and remedies will be charged against the CONTRACTOR. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder.

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.1 Application for Progress Payment:

14.1.1 Not more than once per month, the CONTRACTOR shall submit to ENGINEER for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents.

14.1.2 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason.

14.1.3 Owner will pay for materials or equipment not incorporated in the work but delivered and suitably stored at the site. Unless specifically authorized by OWNER, payment fro materials stored off-site will not be made unless and until those materials are delivered to the jobsite and suitably stored or incorporated into the Work.

14.1.4 The OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the amount thereof, which five percent (5%) will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2.

.1 If the Contract Agreement entered into between the OWNER and the

CONTRACTOR has as Contract Sum of four-hundred thousand dollars ($400,000) or less, the percentage to be withheld from Applications for Payment as retainage shall be increased to ten (10%) percent.

14.1.5 Applications for Payment shall include the following documentation:

.1 updated progress schedule;

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.2 monthly subcontractor report; and

.3 any other documentation required under any Supplemental General Conditions.

14.2 CONTRACTOR's Warranty of Title:

14.2.1 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens.

14.3 Review of Applications for Progress Payment:

14.3.1 ENGINEER will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating ENGINEER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application.

14.3.2 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER, based upon ENGINEER's on-site observations of the executed Work and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief:

.1 the Work has progressed to the point indicated; and

.2 the quality of the Work is in accordance with the Contract Documents (subject to an

evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation).

14.3.3 By recommending any such payment, ENGINEER will not thereby be deemed to have represented that:

.1 exhaustive or continuous on-site inspections have been made to check the quality

or the quantity of the Work;

.2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount;

.3 the CONTRACTOR's construction means, methods, techniques, sequences or

procedures have been reviewed; or

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.4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR.

14.4 Decisions to Withhold Payment:

14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of:

.1 defective Work not remedied;

.2 reasonable evidence that the Work cannot be completed for the unpaid balance

of the Contract Amount;

.3 damage to the OWNER or another contractor;

.4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;

.5 failure of the CONTRACTOR to submit a schedule of values in accordance

with the Contract Documents;

.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents;

.7 failure of the CONTRACTOR to submit or update construction schedules in

accordance with the Contract Documents;

.8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents;

.9 failure of the CONTRACTOR to maintain weekly payroll reports;

.10 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including

failure to clean up; or

.11 failure of the CONTRACTOR to comply with any provision of the Contract Documents.

14.4.2 Should OWNER withhold payment for any reason in 14.4.1, and upon removal of the basis for the withholding by CONTRACTOR, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made, within thirty (30) calendar days of receipt of approved Application for Payment.

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14.5 Delayed Payments: 14.5.1 Timeliness and interest on payments due to CONTRACTOR from OWNER are subject to and shall be controlled by Chapter 2251 of the Texas Government Code. 14.6 Arrears:

14.6.1 No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same.

14.7 Substantial Completion:

14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify OWNER and ENGINEER and request a determination as to whether the Work or designated portion thereof is substantially complete. If OWNER or ENGINEER does not consider the Work substantially complete, OWNER or ENGINEER will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER’s part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by OWNER or ENGINEER, the CONTRACTOR shall then submit another request for OWNER and ENGINEER to determine substantial completion. If OWNER and ENGINEER consider the Work substantially complete, the ENGINEER will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate.

14.7.2 After Substantial Completion the CONTRACTOR shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases CONTRACTOR may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

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14.8 Partial Utilization: 14.8.1 The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER’s exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER’s exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents.

14.9 Final Inspection:

14.9.1 Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.10 Final Application for Payment:

14.10.1 The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered the following documents:

.1 Complete operating and maintenance manuals, each containing maintenance and

operating instructions, schedules, guarantees, and other documentation required by the Contract Documents, Quantity as determined by the contract documents;

.2 Record documents (as provided in paragraph 6.10);

.3 Consent of surety to final payment;

.4 Certificate evidencing that insurance required by the General Conditions will

remain in force after final payment and through any warranty period;

.5 Non-Use of Asbestos Affidavit (After Construction); and

.6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance:

14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will recommend the final Application for Payment and thereby

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notify the OWNER, who will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract.

14.11.2 ENGINEER will issue a letter of final acceptance to the OWNER and CONTRACTOR and must be acknowledged and accepted by the OWNER, which establishes the Final Completion date.

14.12 Waiver of Claims:

14.12.1 The making and acceptance of final payment will constitute:

.1 a waiver of claims by the OWNER against the CONTRACTOR, except claims

arising from previously noticed and unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and

.2 a waiver of all claims by the CONTRACTOR against the OWNER other than

those previously made in writing and still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.1 OWNER May Suspend Work Without Cause and for Convenience:

15.1.1 At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times, or both, directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12.

15.2 OWNER May Terminate Without Cause:

15.2.1 Upon seven (7) calendar days' Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items):

.1 for completed and acceptable Work executed in accordance with the Contract

Documents prior to the effective date of termination;

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.2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost; and

.3 for anticipated profits on entire Contract not previously paid. This sum shall not

include any overhead or general field conditions on unperformed work. 15.3 OWNER May Terminate With Cause:

15.3.1 Upon the occurrence of any one or more of the following events:

.1 if the CONTRACTOR persistently fails to perform the Work in accordance

with the Contract Documents;

.2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction;

.3 if the CONTRACTOR disregards the OWNER’s authority;

.4 if the CONTRACTOR fails to maintain a work force adequate to accomplish

the Work within the Contract Time;

.5 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or

.6 if the CONTRACTOR otherwise violates in any substantial way any

provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days' Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively, the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. Should OWNER proceed to complete the Work, CONTRACTOR expressly acknowledges that the OWNER is exempted from competitive bidding requirements for competition work pursuant to the terms of Texas Local Government Code Section 252.022.

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15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability.

15.4 CONTRACTOR May Stop Work or Terminate:

15.4.1 If through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) ENGINEER fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon fifteen (15) calendar days' Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if (except during disputes) ENGINEER has failed to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon fifteen (15) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph.

ARTICLE 16 - DISPUTE RESOLUTION

16.1 Filing of Claims:

16.1.1 Claims arising from the circumstances identified in the Contract Documents or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within ninety (90) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data if not delivered with the notice, shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled.

16.1.2 Within thirty (30) calendar days of receipt of notice of the amount of the Claim with supporting data, OWNER and the CONTRACTOR shall meet to discuss the Claim, after

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which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30) calendar days in which to:

.1 submit additional supporting data requested by the other party;

.2 modify the initial Claim; or

.3 request Alternative Dispute Resolution.

16.2 Alternative Dispute Resolution:

16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include ENGINEER as a party.

16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty (30) calendar days of the first meeting, unless mutually agreed otherwise. This step may be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below.

16.2.3 Mediation:

16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert.

16.2.3.2 The OWNER and CONTRACTOR may agree to suspend or abate the mediation requirement until such time that the Project is complete such that multiple claims that might have remained unresolved during the course of the Project may be negotiated and mediated jointly.

16.2.3.3 If Mediation us unsuccessful, the parties may litigate any remaining claims or disputes in a court of competent jurisdiction.

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ARTICLE 17 – RIGHT TO AUDIT

17.1 Right to Audit:

17.1.1 Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR’s “records” shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER’s representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement.

17.1.2 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term “records” as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR’s possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR’s dealings with the OWNER (all of the foregoing are hereinafter referred to as “records”). In addition, the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following:

a) The CONTRACTOR’s compliance with contract requirements;

b) The CONTRACTOR’s compliance with the OWNER’S business ethics policies;

and

c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination.

17.1.3 The CONTRACTOR shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR’s subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data.

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17.1.4 The OWNER’s authorized representative or designee shall have reasonable access to the CONTRACTOR’s facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17.

17.1.5 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent (.5%) of the total contract billings, then the reasonable actual cost of the OWNER’s audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments, which must be made as a result of any such audit or inspection of the CONTRACTOR’s invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the OWNER’s findings to the CONTRACTOR.

ARTICLE 18 – MISCELLANEOUS 18.1 Venue and Choice of Law: 18.1.1 In the event of any suit at law or in equity involving the Contract, venue shall be in in the district court in the county in which the Project is located. The laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: 18.2.1 This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: 18.3.1 The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 18.4 Severability: 18.4.1 If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being

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the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose.

18.5 Independent Contractor

18.5.1 The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The CONTRACTOR’s services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER.

18.6 Non-Boycott of Israel

18.6.1 The City of Schertz may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting these General Conditions and any associated contract, the CONTRACTOR verifies that it does not Boycott Israel, and agrees that during the term of this contract will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended.

18.6.2 Relevant definitions from the bill: "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

18.6.3 “Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

End of General Conditions

INS - 1

Exhibit A Owner's Insurance Requirements of Contractor

1. Specific Insurance RequirementsThe following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of thisAgreement and thereafter as required:

Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis)

Amounts of coverage shall be no less than: • $1,000,000 Per Occurrence• $2,000,000 General Aggregate• $2,000,000 Products/Completed Operations

Aggregate• $1,000,000 Personal And Advertising Injury• Designated Construction Project(s) General

Aggregate Limit

• Current ISO edition of CG 00 01• Additional insured status shall be provided in favor of

Owner Parties on a combination of ISO forms CG 20 1010 01 and CG 20 37 10 01.

• This coverage shall be endorsed to provide primary andnon-contributing liability coverage. It is the intent of theparties to this Agreement that all insurance coveragerequired herein shall be primary to and will not seekcontribution from any other insurance held by OwnerParties, with Owner Parties' insurance being excess,secondary and non- contributing.

• Stop Gap coverage shall be provided if any work is tobe performed in a monopolistic workers' compensationstate.

• The following exclusions/limitations (or theirequivalent(s), are prohibited:o Contractual Liability Limitation CG 21 39o Amendment of Insured Contract Definition CG 24

26 o Limitation of Coverage to Designated Premises or

Project, CG 2144 o Exclusion-Damage to Work Performed by

Subcontractors On Your Behalf, CG 22 94 or CG 22 95

o Exclusion-Explosion, Collapse and UndergroundProperty Damage Hazard, CG 2142 or CG 2143

o Any Classification limitationo Any Construction Defect Completed Operations

exclusiono Any endorsement modifying the Employer's

Liability exclusion or deleting the exception to ito Any endorsement modifying or deleting

Explosion, Collapse or Underground coverageo Any Habitational or Residential exclusion

applicable to the Worko Any "Insured vs. Insured" exclusion except

Named Insured vs. Named Insuredo Any Punitive, Exemplary or Multiplied Damages

exclusiono Any Subsidence exclusion

Business Auto Liability • Amount of coverage shall be no less than :$1,000,000 Per Accident

• Current ISO edition of CA 00 01• Arising out of any auto (Symbol 1), including owned,

hired and nonowned

INS - 2

Insurance Coverage/Limits Other Requirements Workers' Compensation and Employer's Liability

Amounts of coverage shall be no less than: • Statutory Limits • $1,000,000 Each Accident and Disease • Alternate Employer endorsement • USL&H must be provided where such exposure

exists.

• The State in which work is to be performed must listed under Item 3.A. on the Information Page

• Such insurance shall cover liability arising out of the Contractor's employment of workers and anyone for whom the Contractor may be liable for workers' compensation claims. Workers' compensation insurance is required, and no "alternative" forms of insurance shall be permitted.

• Where a Professional Employer Organization (PEO) or "leased employees" are utilized, Contractor shall require its leasing company to provide Workers' Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers' Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner.

Excess Liability (Occurrence Basis)

Amounts of coverage shall be no less than: • $5,000,000 Each Occurrence • $5,000,000 Annual Aggregate

• Such insurance shall be excess over and be no less broad than all coverages described above.

• Drop-down coverage shall be provided for reduction and/or exhaustion of underlying aggregate limits and shall include a duty to defend any insured.

INS - 3

Insurance Coverage/Limits Other Requirements Builders Risk • Coverage shall be provided in an amount equal at all

times to the full contract value, including changeorders, and cost of debris removal for any singleoccurrence.

• Coverage shall be at least as broad as an unmodifiedISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured parties, withthat other insurance being excess, secondary and non-contributing.

• The policy must provide coverage for:o Agreed Valueo Damage arising from error, omission or

deficiency in construction methods, design,specifications, workmanship or materials,including collapse

o Debris removal additional limito Earthquake and Earthquake Sprinkler Leakageo Floodo Freezingo Mechanical breakdown including hot & cold

testingo Ordinance or lawo Pollutant clean-up and removalo Preservation of propertyo Theft

• Deductible shall not exceedo All Risks of Direct Damage, Per Occurrence,

excepto Named Storm

Insureds shall include Owner, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds.

Such insurance shall cover:o all structure(s) under construction, including retaining

walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling;

• all temporary structures (e.g., fencing, scaffolding,cribbing, false work, forms, site lighting, temporaryutilities and buildings)

o Earthquake and Earthquake Sprinkler Leakage, PerOccurrence

o Flood, Per Occurrence or excess of NFIP if in FloodZone A or V

2. General Insurance Requirements

A. Definitions. For purposes of this Agreement:i. "ISO" means Insurance Services Office.ii. "Contractor" shall include subcontractors of any tier.iii. "Owner Parties" means (a) City of Schertz, Texas (Owner"), (b) the Project, (c) any lender whose loan is secured by a lien

against the Work, (d) their respective shareholders, members, partners, joint venturers, affiliates, subsidiaries, successors andassigns, (e) any directors, officers, employees, or agents of such persons or entities, and (f) others as required by theConstruction Documents

B. Policies. i. Contractor shall maintain such General Liability, Excess Liability, Professional and Pollution insurance in identical coverage,

form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the Work to be performed under this Agreement. Contractor shall provide written representation to Owner stating Work completion date.

ii. All policies must:a. Be written through insurance companies authorized to do business in the State in which the work is to be performed

and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide at all times Work is tobe performed.

b. Provide a waiver of subrogation in favor of Owner Parties on all insurance coverage carried by Contractor, whetherrequired herein or not.

INS - 4

c. Contain an endorsement providing for thirty (30) days prior written notice of cancellation to Owner.d. Be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that

restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of theOwner.

iii. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurancerequirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as awaiver of the Contractor's obligation to maintain such insurance.

iv. Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any suchrequest. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy.

v. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or requiredendorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any OwnerParty of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractorfrom performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are receivedand approved by the Owner.

C. Limits. Deductibles and Retentions i. The limits of liability may be provided by a single policy of insurance or by a combination of primary and excess policies, but in

no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein.

ii. No deductible or self-insured retention shall exceed $25,000 without prior written approval of the Owner, except as otherwisespecified herein. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same

D. Forms i. If the forms of policies, endorsements, certificates or evidence of insurance required by this Exhibit are superseded or

discontinued, Owner will have the right to require other equivalent forms . ii. Any policy or endorsement form other than a form specified in this Exhibit must be approved in advance by Owner.

E. Evidence of Insurance. Insurance must be evidenced as follows: i. ACORD Form 25 Certificate of Liability Insurance for liability coverages.ii. ACORD Form 28 Evidence of Commercial Property Insurance for property coverages.iii. Evidence shall be provided to Owner prior to commencing Work and prior to the expiration of any required coverage.iv. ACORD Forms specify:

a. Owner as certificate holder at Owner's mailing address;b. lnsured's name, which must match that on this Agreement ;c. Insurance companies producing each coverage and the policy number and policy date of each coverage;d. Producer of the certificate with correct address and phone number and have the signature of the authorized

representative of the producer;e. Additional Insured status in favor of Owner Parties;f. Amount of any deductible or self-insured retention in excess of $25,000;g. Designated Construction Project(s) General Aggregate Limit;h. Primary and non-contributory status;i. Waivers of subrogation; andj. All exclusions and limitations added by endorsement to the General Liability coverage. This can be achieved by

attachment of the Schedule of Forms and Endorsements page.v. Copies of the following shall also be provided:

a. General Liability Additional insured endorsement(s) ;b. General Liability Schedule of Forms and Endorsements page(s); andc. 30 Day Notice of Cancellation endorsement applicable to all required policies.

F. Contractor Insurance Representations to Owner Parties i. It is expressly understood and agreed that the insurance coverages required herein (a) represent Owner Parties' minimum

requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and (b) are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Irrespective of the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, or the failure of any insurance company to pay claims accruing, shall not be held to affect, negate or waive any of the provisions of this Agreement.

ii. Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement.

INS - 5

If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages.

iii. This Exhibit is an independent contract provision and shall survive the termination or expiration of the ConstructionAgreement.

G. Insurance Requirements of Contractor's Subcontractors i. Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on

behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request.

ii. The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall takenecessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties.

H. Use of the Owners Equipment The Contractor, its agents, employees, subcontractors or suppliers shall use the Owners equipment only with express written permission of the Owners designated representative and in accordance with the Owners terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owners equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use.

I. Release and Waiver The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. THE FOREGOING RELEASE AND WAIVER APPLY EVEN IF THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE FAULT OR NEGLIGENCE OR STRICT LIABILITY OF THE OWNER PARTIES.

CITY OF SCHERTZ STANDARD SPECIFICATIONS SUMMARY OF WORK

01110-1 April 27, 2018

Section 01110 SUMMARY OF WORK

PART I GENERAL 1.01 SECTION INCLUDES

A. Summary of the Work including work by Owner, Owner furnished products, Work sequence, future Work, Contractor use of Premises, and Owner occupancy.

1.02 WORK COVERED BY CONTRACT DOCUMENTS

A. Description of work

1. Provide materials, labor, equipment and superintendence for the repainting of the interior and exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and exterior of the attached piping in accordance with these Technical Specifications, Project Plans, and Contract Documents. Contractor’s responsibility includes, but is not limited to, construction sequencing in accordance with the Contract Documents, quality control of workmanship and materials, handling of all material, handling and disposal of all waste material, and compliance with all regulatory standards governing the work.

B. General Requirements

1. The completed work shall not lack any part which can be reasonably implied as

incidental for proper and useful operation of the facility. This includes all items of equipment, labor, and materials, whether or not shown in the Contract Documents, where such items are required to fulfill the intent of the Contract, and all shall be in accordance with code requirements, standards of regulatory agencies, manufacturer’s recommendations, and acceptable industry practice.

2. The Contractor shall provide a superintendent who can act on behalf of the

Contractor to be on site or be available at all times while work is underway.

3. Although some minor items may not be specifically identified by quantity or description, they shall be considered a part of the work and shall be included in the applicable Proposal Item with which they are a component part.

4. The need for and use of any labor or material not specifically described but

necessary to complete the project described by the Contract Documents shall not represent a claim for extra payment.


01110-2 April 27, 2018

C. Regulatory and Industry Standards

1. The Technical Specifications and Plans for this project have been prepared with the intent to meet or exceed the requirements of the City of Schertz, TxDOT, and other applicable regulatory requirements.

2. If there should be a conflict or discrepancy between these Technical

Specifications and the requirements of the City, or other regulatory requirements, it shall be the responsibility of the Contractor to notify the Engineer of such conflict or discrepancy for resolution.

D. Scope of Work

1. The work for each site, in general, to be performed under this Contract consists of, but is not limited to, the following general tasks, which are more specifically described in the Plans and other Sections of these specifications.

a. Prepare interiors of tanks and apply protective coating as specified in Section 09871. The existing interior coating systems may contain lead and shall be determined prior to removal of paint.

b. Replace interior ladder. Replace interior rafter support column and ring to match as-built plans.

c. Remove and replace existing roof access to interior ladder with new 3’x3.5’ access and cover. Add safety hand rail.

d. Remove the abandoned 16-inch fill line and cap roof penetration. Remove exterior level indicator and cap roof penetration

e. Prepare exterior of tanks and apply protective coating as specified in Section 09871. Initial testing indicates that existing lead paint levels are below the 1% regulatory limits; report included in Contract Documents Contractor will control emissions from abrasive blasting of existing storage tank exterior by one of the methods included in 30 TAC 111.137.b

f. Re-install all removed equipment. g. Clean and re-grade site as required including repair of roadways to original

condition. Site shall be kept cleaned both during and upon completion of construction.

h. Miscellaneous site and other work necessary or incidental for completion of the project.

1.03 ALTERNATES

A. No alternates are anticipated for this project.


01110-3 April 27, 2018

1.04 CITY-FURNISHED PRODUCTS

A. Items Furnished by the City for Installation and final connection by Contractor: N/A

B. Contractor's Responsibilities:

1. Arrange and pay for Product delivery to the site.

2. Receive and unload Products at the site; jointly with the City, inspect for completeness or damage if required by City.

3. Handle, store, Install, and finish Products. 4. Repair or replace damaged items.

1.05 WORK SEQUENCE A. Coordinate the construction schedule and operations with the OWNER's representative.

Reference to General Conditions Item 5.15, Sequence of Work.

1. Take photographs or video of existing site prior to any construction activities, including clearing, grading, etc.

B. Coordination of the Work: Refer to Section 01312 - Coordination and Meetings.

C. Contract time for this project shall be 120 calendar days.

1.06 CONTRACTOR USE OF PREMISES

A. Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01145 - Use of Premises.

B. Construction Operations: Limited to the City's rights-of-way provided by the City and areas

shown or described in the Contract documents.

C. Utility Outages and Shutdown: Provide a minimum of 48 hours’ notice to the City and private utility companies (when applicable), excluding weekends and holidays, in advance of required utility shutdown. Coordinate all work as required.

1.07 WARRANTY

A. Comply with warranty requirements in accordance with General Conditions.


01110-4 April 27, 2018

1.08 ADDITIONAL CONDITIONS FOR SUBSTANTIAL COMPLETION

A. In addition to requirements outlined in the General Conditions, for Contractor to be substantially complete with the Work and call for inspection by Public Works to confirm, the following conditions must be met or completed:

1. All testing shall be completed and accepted by Public Works.

2. All pay items complete.

PART 2 PRODUCTS-Not Used PART 3 EXECUTION- Not Used

END OF SECTION

PWR-1

Prevailing Wage(s)

Per the General Conditions, section 6.2.2 CONTRACTOR shall provide and pay for labor in accordance with the prevailing wage in the locality and shall not pay less than the prevailing wage.

The General decision available on the date of this publication of the bid documentation is presented below. Notwithstanding the attached decision, the CONTRACTOR shall utilize the Wage Decision in effect at the due date for cost proposals.

--------------------------------------------------------------------

General Decision Number: TX170016 01/06/2017 TX16

Superseded General Decision Number: TX20160016

State: Texas

Construction Types: Heavy and Highway

Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,

Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall,

Lampasas, McLennan, Medina, Robertson, Travis, Williamson and

Wilson Counties in Texas.

HEAVY (excluding tunnels and dams, not to be used for work on

Sewage or Water Treatment Plants or Lift / Pump Stations in

Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY

Construction Projects

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.20 for calendar year 2017 applies to all contracts

PWR-2

subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay

all workers in any classification listed on this wage

determination at least $10.20 per hour (or the applicable

wage rate listed on this wage determination, if it is higher)

for all hours spent performing on the contract in calendar

year 2017. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker

protections under the EO is available at

www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/06/2017

* SUTX2011-006 08/03/2011

Rates Fringes

CEMENT MASON/CONCRETE

FINISHER (Paving and

Structures)......................$ 12.56

ELECTRICIAN......................$ 26.35

FORM BUILDER/FORM SETTER

PWR-3

Paving & Curb...............$ 12.94

Structures..................$ 12.87

LABORER

Asphalt Raker...............$ 12.12

Flagger.....................$ 9.45

Laborer, Common.............$ 10.50

Laborer, Utility............$ 12.27

Pipelayer...................$ 12.79

Work Zone Barricade

Servicer....................$ 11.85

PAINTER (Structures).............$ 18.34

POWER EQUIPMENT OPERATOR:

Agricultural Tractor........$ 12.69

Asphalt Distributor.........$ 15.55

Asphalt Paving Machine......$ 14.36

Boom Truck..................$ 18.36

Broom or Sweeper............$ 11.04

Concrete Pavement

Finishing Machine...........$ 15.48

Crane, Hydraulic 80 tons

or less.....................$ 18.36

Crane, Lattice Boom 80

tons or less................$ 15.87

Crane, Lattice Boom over

PWR-4

80 tons.....................$ 19.38

Crawler Tractor.............$ 15.67

Directional Drilling

Locator.....................$ 11.67

Directional Drilling

Operator....................$ 17.24

Excavator 50,000 lbs or

Less........................$ 12.88

Excavator over 50,000 lbs...$ 17.71

Foundation Drill, Truck

Mounted.....................$ 16.93

Front End Loader, 3 CY or

Less........................$ 13.04

Front End Loader, Over 3 CY.$ 13.21

Loader/Backhoe..............$ 14.12

Mechanic....................$ 17.10

Milling Machine.............$ 14.18

Motor Grader, Fine Grade....$ 18.51

Motor Grader, Rough.........$ 14.63

Pavement Marking Machine....$ 19.17

Reclaimer/Pulverizer........$ 12.88

Roller, Asphalt.............$ 12.78

Roller, Other...............$ 10.50

Scraper.....................$ 12.27

Spreader Box................$ 14.04

Trenching Machine, Heavy....$ 18.48

PWR-5

Servicer.........................$ 14.51

Steel Worker

Reinforcing.................$ 14.00

Structural..................$ 19.29

TRAFFIC SIGNAL INSTALLER

Traffic Signal/Light Pole

Worker......................$ 16.00

TRUCK DRIVER

Lowboy-Float................$ 15.66

Off Road Hauler.............$ 11.88

Single Axle.................$ 11.79

Single or Tandem Axle Dump

Truck.......................$ 11.68

Tandem Axle Tractor w/Semi

Trailer.....................$ 12.81

WELDER...........................$ 15.97

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

PWR-6

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

PWR-7

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of "identifiers" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

PWR-8

this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

PWR-9

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

PWR-10

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator




PWR-11

The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

SFA - 1

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

This Agreement is made and entered into as of the ____ day of __________, 2017 by and between the: “OWNER” The City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 t 210.619.1009 f and “CONTRACTOR” [name of Contractor] [address] [phone and fax numbers] for the following Project: EAST DIETZ CREEK CONCRETE RIP RAP Schertz City Project DR-C-1705 Management for this Project will be performed by OWNER.

SFA - 2

1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable:

Addenda issued by City General Conditions Performance and Payment Bonds Request For Competitive Sealed Proposals #17-PW-44-C-02 & Addenda Technical Specifications Drawings

2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 60 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially,

SFA - 3

or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of

Six hundred dollars per day. ($600) for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages (“Liquidated Damages”) that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. § 2.5 FINAL COMPLETION § 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. § 2.5.2 Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR’s performance of the Contract. The Contract Sum shall be [insert written total] ([insert numerical total]) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the OWNER: [alternate __, if any] [alternate __, if any] § 3.3 Unit prices, if any: [insert any unit price items and descriptions] [or add reference to Proposal with unit prices and estimated quantities]

SFA - 4

Item Units and Limitations Price Per Unit ($0.00) [unit price item] [unit] [price] 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the OWNER may require. This schedule, unless objected to by the OWNER, shall be used as a basis for reviewing the CONTRACTOR’s Applications for Payment. § 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. § 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of «Five» percent ( «5.00» %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment

delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of «Five» percent ( «5.00» %);

.3 Subtract the aggregate of previous payments made by the OWNER; and

.4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a

Certificate for Payment. § 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the OWNER

SFA - 5

shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and

.2 Add, if final completion of the Work is thereafter materially delayed through no fault

of the CONTRACTOR, any additional amounts payable. § 4.1.4 Reduction or limitation of retainage, if any, shall be as follows: § 4.1.5 Except with the OWNER’s prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when

.1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR’s responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a letter of Final Acceptance has been issued by the OWNER.

§ 4.2.2 The OWNER’s final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the OWNER’s final Certificate for Payment: This Agreement is entered into as of the day and year written above (“The Date of Execution”): OWNER CONTRACTOR By: ________________________________ By: __________________________________ Title: ______________________________ Title: ________________________________

Performance Bond Page 1 of 3

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, ____________________________________, as Principal herein, and

__________________________, a corporation organized and existing under the laws of the State

of ________________, and who is authorized and admitted to issue surety bonds in the State of

Texas, Surety herein, are held and firmly bound unto the City of Schertz, Texas, a municipal

corporation with its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe

County, Obligee herein, in the sum of [verbal amount of bond] Dollars ($[numeric amount of

bond]) for the payment of which sum we bind ourselves, our heirs, executors, administrators,

successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has entered into a certain written contract with the Obligee dated

the day of , 20 , herein referred to as “the Contract” and

incorporated herein and made a part hereof for all purposes, for the construction of the

Northcliffe Waterline Replacement 2.

NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall

faithfully perform the work in accordance with the plans, specifications, and other Contract

Documents and shall fully indemnify and hold harmless the Obligee from all costs and damages

which Obligee may suffer by reason of Principal’s failure to perform the Work in conformity

with the Contract Documents, and reimburse and repay Obligee for all outlay and expense that

Obligee may incur in making good such default, then this obligation shall be void; otherwise, to

remain in full force and effect. Whenever Contractor shall be declared by Obligee to be in

default under the Contract, the Surety shall, upon request of Obligee and within seven (7)

calendar days from receipt of Obligee’s notice of Contractor’s default, commence and thereafter

complete performance of Contractor’s obligations under the Contract. This Bond covers all

contractual obligations of Contractor under the Contract, including, without limitation, the

indemnity, warranty and guaranty obligations. The Surety stipulates and agrees that no change,

extension of time, alteration, omission, addition or other modification to the terms of any of the

Contract will affect its obligations on this bond, and it hereby waives notice of any such changes,

extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to

related subcontracts, purchase orders or other obligations, and any notices provided in such

regard shall not create as to any party a duty related thereto. The penal limit of this bond shall


automatically be increased by the amount of any change order, supplemental agreement or

amendment which increases the price of the Contract.

PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the

Texas Government Code, as amended, and all rights and liabilities on this bond shall be

determined in accordance with the provisions of such statute, to the same extent as if it were

copied at length herein. All notices shall be delivered in writing to the addresses shown below or

to addresses provided in the Contract Documents.

IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the

Surety have executed this instrument.

SIGNED and SEALED this day of , 20 .

The date of bond shall not be prior to date of Contract.

PRINCIPAL

ATTEST: By:

Name: (Principal) Secretary

Title:

(S E A L) Address:

Witness as to Principal Telephone Number:

SURETY

ATTEST: By:

Name: Secretary Attorney in Fact

(S E A L) Address:

Witness as to Surety Telephone Number:


An original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact.

Approved as to Form:

City of Schertz 1400 Shertz Parkway Schertz, Texas 78154

By: Brian James

Title: Acting City Manager

Date:

Payment Bond Page 1 of 3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________, as Principal herein, and (2)

, a corporation organized and existing under the laws of the

State of Texas and who is authorized and admitted to use surety bonds in the State of Texas, as

surety, are held and firmly bound unto the City of Schertz, Texas, a municipal corporation with

its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee

herein, in the amount of __________________________ Dollars ($__________.___) for the

payment whereof, the said Principal and Surety bind themselves and their heirs, executors,

administrators, successors and assigns, jointly and severally, firmly by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Obligee

dated the day of , 20 , which contract is hereby referred to herein

as “the Contract” and is incorporated herein to the same extent as if copied at length, for the

following project: Northcliffe Waterline Replacement 2.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the

said Principal shall directly or indirectly timely make payment to each and every claimant (as

defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in

the prosecution of the work under the Contract, then this obligation shall be void; otherwise, to

remain in full force and effect. This obligation may be enforced by the Obligee in the event of

bankruptcy or default by Principal in payments to suppliers of labor or materials in the

prosecution of the work under the Contract, in either of which events the Surety shall make such

payments as Principal has failed to pay and as may be required to complete the work under the

contract. The Surety stipulates and agrees that no change, extension of time, alteration,

omission, addition or other modification to the terms of the Contract will affect its obligations on

this bond, and it hereby waives notice of any such changes, extensions of time, alterations,

omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase

orders or other obligations, and any notices provided in such regard shall not create as to any

party a duty related thereto.

PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the

Texas Government Code, as amended, and all rights and liabilities on this bond shall be

determined in accordance with the provisions of said statute, to the same extent as if it were


copied at length herein. All notices shall be delivered in writing to the addresses shown below or

to addresses provided in the Contract Documents.

IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the

Surety have executed this instrument.

SIGNED and SEALED this day of , 20 .

The date of bond shall not be prior to date of Contract.

PRINCIPAL

ATTEST: By:

Name: (Principal) Secretary

Title:

(S E A L) Address:

Witness as to Principal

Telephone Number:

SURETY

ATTEST: By:

Name: Secretary Attorney in Fact

(S E A L) Address:

Witness as to Surety Telephone Number:

An original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact.


Approved as to Form:

City of Schertz 1400 Schertz Parkway Schertz, Texas 78154

By: Brian James

Title: Acting City Manager

Date:

L

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EN

S

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D

MARK B. HILL

94904

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City Council Members :

Mayor : Michael Carpenter

CITY OF SCHERTZFOR THE

Mark Davis ~ Ralph Gutierrez ~ Scott Larson ~ Cedric Edwards ~ Robin Thompson

City Manager : John Kessel

PROJECT NO.: WA-C-1702 DATE: JUNE 5, 2017

ENGINEERING * SURVEYING * PLANNING

FORD ENGINEERING INC.

10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217, (210) 590-4777

www.fordengineering.com

TBPE No: F-1162

TANK PAINTING AND REHABILITATION

Angelina Kiser ~ Bert Crawford

E. LIVE OAK 1.5 MMG GST

FEI PROJ. 1124.9210

TB

M

T

ME

NL

O

12" W

12" W

30" S/SLGC WATER

30" S/SLGC WATER

EX

IS

TIN

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6" S

/S

LG

C W

AT

ER

, C

SC

, C

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03

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/S

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C W

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, C

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LIVE OAK ROAD30" S/SLGC WATER

16" PVC WATER LINE

12" W

T

TBM

T MEN

LO

12" W

12" W

30" S/SLGC WATER

30" S/SLGC WATER

EXISTING 36" S/SLGC WATER, CSC, C-303

EXIST. 36" S/SLGC WATER, CSC, C-303

LIVE OAK ROAD

30" S/SLGC WATER

16" PVC WATER LINE

12" W

12" W

T

LOT 4

(1.664 AC.)

LO

T 1

(1.092 AC.)

LOT 2

(1.100 AC.)

LOT 3

(1.200 AC.)

S

EW

N

0000000

SCALE: 1" = 100'

100 200

E

.

L

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.

PROJECTSITE

LOCATION MAPNOT TO SCALE

ROOF ACCESS AND INT. LADDER TO BE REPLACED.

ADD SAFETY HAND RAILING.

GENERAL CONSTRUCTION NOTES

1. These water storage facilities must be constructed in accordance with the

Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for

Public Water Systems 30 Texas Administrative Code (TAC) Chapter 290

Subchapter D.

2. All facilities for potable water storage shall be covered and designed,

fabricated, erected, tested and disinfected in strict accordance with current

American Water Works Association (AWWA) standards and shall be provided with

the minimum number, size and type of roof vents, man ways, drains, sample

connections, access ladders, overflows, liquid level indicators on-site, and other

appurtenances as specified in these rules.

3. Disinfection of water storage facilities shall be in strict accordance with

current AWWA Standard C652-11 or more current.

4. All clear wells, ground storage tanks, standpipes, and elevated tanks shall

be painted, disinfected, and maintained in strict accordance with current AWWA

standards. However, no temporary coatings, wax grease coatings, or coating

materials containing lead will be allowed. No other coatings will be allowed which

are not approved for use (as a contact surface with potable water) by the United

States Environmental Protection Agency (EPA), NSF International, or the United

States Food and Drug Administration (FDA). All newly installed coatings must

conform to ANSI/NSF International Standard 61 and must be certified by an

organization accredited by ANSI.

5. After January 4, 2014 all construction projects must comply with changes to

the Safe Drinking Water Act that reduce the maximum allowable lead content of

pipes, pipe fittings, plumbing fittings, and fixtures to 0.25 percent.

· THE GROUND STORAGE TANKS IS A 1.5 MMG WELDED STEEL

TANK 93'-0” DIAMETER, 32'-0" NOMINAL HEIGHT, CONSTRUCTED BY

HOLLOWAY CO. INC. IN 1988.

1. PREPARE INTERIORS OF TANKS AND APPLY PROTECTIVE COATING

AS SPECIFIED IN SECTION 09871. THE EXISTING INTERIOR COATING

SYSTEMS MAY CONTAIN LEAD AND SHALL BE DETERMINED PRIOR

TO REMOVAL OF PAINT.

2. REPLACE INTERIOR LADDER. REPAIR/REPLACE INTERIOR RAFTER

SUPPORT COLUMN AND RING TO MATCH ASBUILT PLANS

(SPECIFICATION).

3. REMOVE AND REPLACE EXISTING ROOF ACCESS TO INTERIOR

LADDER WITH NEW 3'X3.5' ACCESS AND COVER. ADD SAFETY HAND

RAIL.

4. REMOVE THE ABANDONED 16-INCH FILL LINE AND CAP ROOF

PENETRATION. REMOVE EXTERIOR LEVEL INDICATOR AND CAP

ROOF PENETRATION.

5. PREPARE EXTERIOR OF TANKS, PIPES, AND ACCESSORIES AND

APPLY PROTECTIVE COATING AS SPECIFIED IN SECTION 09871.

6. INITIAL TESTING INDICATES THAT EXISTING LEAD PAINT LEVELS ARE

BELOW THE 1% REGULATORY LIMITS; REPORT INCLUDED IN

CONTRACT DOCUMENTS.

7. CONTRACTOR WILL CONTROL EMISSIONS FROM ABRASIVE

BLASTING OF EXISTING STORAGE TANK EXTERIOR BY ONE OF THE

METHODS INCLUDED IN 30 TAC 111.137.B

(1) VACUUM BLASTING;

(2) SHROUDED WET ABRASIVE BLASTING;

(3) SHROUDED DRY BLASTING;

(4) SHROUDED HYDROBLASTING; OR

EQUIVALENT METHOD APPROVED IN ADVANCE BY THE EXECUTIVE

DIRECTOR OR A DESIGNATED REPRESENTATIVE OF TACB.

8. RE-INSTALL ALL REMOVED EQUIPMENT.

9. CLEAN, DISINFECT TANKS AND APPURTENANCES AND ASSIST CITY

OF SCHERTZ IN RETURNING TO SERVICE.

10. RESTORE SITE.

SE

WN

1.5 MMG

GST

1.5 MMG

EST

7.5 MMG GST

REMOVE ABANDONED 16" FILL LINE

TO JOINT CLOSEST TO GROUND.

CAP ROOF PENTRATION WITH BOLTED

BLIND FLANGE.

REPLACE VENT WITH ALUMINUM TANK

CENTER VENT/ STEEL EXHAUST FLANGE.

REPAIR/REPLACE INTERIOR RAFTER

SUPPORT COLUMN AND RING.

REMOVE EXTERIOR LEVEL INDICATOR.

CAP PIPE PENETRATION ON ROOF.

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SCHERTZ, TEXAS

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PROJECT NO. WA-C-1702

6-5-2017

2 4

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FEI PROJ. 1124.9210

4"

4"

16

"

44

"

3"

6"

30

"

70"

4"

10

"

10

"

36" I. D.

3/16" MIN. COVER

(REMOVEABLE)

1 1/8" HOLE FOR 1"

BOLT

1/4" X 4" X 113", ROLL TO 36" I. D.

SS BAND X 113" LONG

1/4" X 4" X "E", ROLL TO 36" I. D.

SS BAND X 113" LONG

1/4" X 18" X 113", ROLL TO 36" I. D.

8- 3/8" DIA. X 2" S. S. BOLTS

EQUALLY SPACED

* REINF. PLATE 1/4" 52 O.D.

16" MESH T-316 S. S. SCREEN AND

C. S. EXPANDED METAL

1" BOLT W/NUT

2" X 2" X 1/4"

33" BAR - 2" X 2" X 1/4"

6-EQUAL SPACES

2- 1/4" X 42" O. D. X 36" I. D. FLG W/

AWWA C200-88 RUBBER GASKET

1

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FEI PROJ. 1124.9210

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4 4

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FEI PROJ. 1124.9210

CITY OF SCHERTZ

East Live Oak Ground Storage Tank Painting and

Rehabilitation RFCSP #17-PW47-C-04

Qualifications of

Respondent Firm &

Experience on Similar

Projects

Experience on Public

Projects

Available Resources to

Complete Project

Corporate History and

Stability

References

Total Criterial Scoring

Cost Score

Total Score

Rank

Proposal Respondent 15 10 20 5 5 55 45 100 1 - 8

CFG Industries LLC

15.00

10.00

19.33

04.67

05.00

54.00

38.37

92.37

3

Horizon Bros. Painting Corp.

10.67

05.00

19.33

03.00

03.33

41.33

19.68

61.01

8

M&M Tank Coating Company

12.33

10.00

19.67

05.00

05.00

52.00

42.06

94.06

1

N.G. Painting, LP

15.00

10.00

20.00

05.00

05.00

55.00

28.39

83.39

5

SpecPro Environmental Services LLC SES

15.00

10.00

00.00

05.00

05.00

35.00

33.77

68.77

7

Tank Pro, Inc.

15.00

10.00

19.67

05.00

05.00

54.67

33.36

88.02

4

TMI Coatings, Inc.

15.00

10.00

19.33

05.00

05.00

54.33

20.18

74.51

6

Utility Service Co, Inc.

15.00

10.00

19.67

05.00

05.00

54.67

38.17

92.84

2

ic

Evaluator's Key

Qualifications of Respondent Firm and Experience on Similar

Projects

Qualifications of firm in executing similar projects utilizing the Competitive Sealed Proposal or other procurement methods and qualifications related to collaborating with design partners in constructability and Value Analysis in this delivery

method (emphasis on last five (5) years). As well as related municipal project experience, including completed and ongoing projects of the firm(s) and individuals who would be assigned to this Project.

Experience on Public Projects

Related project experience with the other public owners including municipalities, school districts, and other local governmental entities, as well as experience with local subcontractors, with particular attention to individuals who would be assigned to this Project.

Available Resources to Complete Project

This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories.

Corporate history and stability This criterion includes the historical stability of the Respondent, its corporate structure and longevity, its history involving litigation or arbitration with owners and subcontractors, and a statement of any liquidated damages that have previously been withheld by publ

owner clients of the Respondent on projects in the last five (5) years.

References

No Additional Instruction

East Live Oak Ground Storage Tank Painting and

Rehabilitation RFCSP #17-PW47-C-04

Proposal Respondent

CFG Industries LLC Horizon Bros. Painting

Corp.

M&M Tank Coating

Company

N.G. Painting, LP SpecPro Environmental

Services LLC SES

Tank Pro, Inc.

TMI Coatings

Utility Services Co

Item # Description Quantity UOM Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

1 1.5 MMG GROUND STORAGE TANK INTERIOR

1

Lump Sum

$

230,000.00

$

230,000.00

$

347,700.00

$

347,700.00

$

200,193.00

$

200,193.00

$

275,000.00

$

275,000.00

$

219,110.00

$

219,110.00

$

240,000.00

$

240,000.00

$

360,000.00

$

360,000.00

$

195,000.00

$

195,000.00

2 1.5 MMG GROUND STORAGE TANK EXTERIOR

1

Lump Sum

$

135,000.00

$

135,000.00

$

352,600.00

$

352,600.00

$

96,846.00

$

96,846.00

$

197,000.00

$

197,000.00

$

144,769.00

$

144,769.00

$

159,724.00

$

159,724.00

$

293,000.00

$

293,000.00

$

160,000.00

$

160,000.00

3 Vent & Vent Stack Replacment

1

Lump Sum

$

4,500.00

$

4,500.00

$

7,000.00

$

7,000.00

$

15,000.00

$

15,000.00

$

8,500.00

$

8,500.00

$

10,160.00

$

10,160.00

$

5,000.00

$

5,000.00

$

12,000.00

$

12,000.00

$

5,500.00

$

5,500.00

4 Roof Hatch Replacment, Interior Ladder and Float Switch

1

Lump Sum

$

9,000.00

$

9,000.00

$

12,700.00

$

12,700.00

$

23,461.00

$

23,461.00

$

14,000.00

$

14,000.00

$

22,157.00

$

22,157.00

$

5,950.00

$

5,950.00

$

20,600.00

$

20,600.00

$

5,500.00

$

5,500.00

5 Removing of Existing Abandoned Fill Piping

1

Lump Sum

$

1,500.00

$

1,500.00

$

1,000.00

$

1,000.00

$

1,500.00

$

1,500.00

$

8,000.00

$

8,000.00

$

8,624.00

$

8,624.00

$

2,800.00

$

2,800.00

$

8,500.00

$

8,500.00

$

3,000.00

$

3,000.00

6 Replacment of Roof Rafter Column Support Ring

1

Lump Sum

$

2,000.00

$

2,000.00

$

22,900.00

$

22,900.00

$

10,000.00

$

10,000.00

$

13,000.00

$

13,000.00

$

28,603.00

$

28,603.00

$

25,675.00

$

25,675.00

$

29,800.00

$

29,800.00

$

15,000.00

$

15,000.00

7 Additional Pit Filling

5

Gallon

NB*

$

-

$

200.00

$

1,000.00

$

300.00

$

1,500.00

$

150.00

$

750.00

$

129.00

$

645.00

$

60.00

$

300.00

$

520.00

$

2,600.00

NB*

$

-

Total Lump Sum Project Cost $382,000.00 $744,900.00 $348,500.00 $516,250.00 $434,068.00 $439,449.00 $726,500.00 $384,000.00 % Value of Cost Compared to Lowest Proposal 85% 44% 93% 63% 75% 74% 45% 85%

Score Based on 45 Points Maximum 38.37 19.68 42.06 28.39 33.77 33.36 20.18 38.17

FORD ENGINEERING, INC

10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590-4777 F. (210) 590-4940

1-800-332-3109 www.fordengineering.com TBPE No. F-1162 TBPLS No. 10018400

1

February 26, 2018 Project No. 1124.9210 James A. Hooks, CFM Water and Wastewater Manager City of Schertz 10 Commercial Place, Building 2

Schertz, TX 78154

Re: #17-PW-47-C-04 East Live Oak Ground Storage Tank Repainting and Rehabilitation Recommendation of Award

Nine (9) bids were received on the above referenced project at City of Schertz City Hall on

December 26, 2017.

The bid is to be awarded per a qualified bidder criteria established by the City of Schertz.

Review of the tabulation and scoring of bid packages received indicates that the apparent

highest ranked qualified bidder is M&M Tank Coating Co. Inc. with bid of $348,500.00.

The Engineer’s Estimate for the Base Bid construction was $295,000. The average Bid was

$477,935.22.

Ford Engineering, Inc. called references provide by the two lowest bidders for projects of

similar scope or cost. The references were positive with regards to quality of work and

working relationship.

Ford Engineering Inc. recommends that M&M Tank Coating Co. Inc., the highest ranked

bidder, be awarded the contract for the above referenced project in the amount of

$348,500.00.

Should there be questions, or if further information is needed, please do not hesitate to call

me at 210-590-4777.

Sincerely,

Mark B. Hill, PE

FORD ENGINEERING, INC.

Agenda No. 4

CITY COUNCIL MEMORANDUM City Council: May 1, 2018 Department: Development Services Subject: Resolution No. 18-R-50 Consideration

and/or action approving a Request for a Historical Incentive Program for the Main Street Area grant for 528 Main Street. (B. James/B. James)

BACKGROUND In January of 2015, City Council approved Resolution 15-R-03 establishing the Historical Incentive Program for the Main Street Area in order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination. The City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. Council subsequently modified the program via Resolution 16-R-37 to eliminate the requirement that properties be designated as Landmark Properties and to slightly expand the area eligible for the grant. The resolution established details of the program including eligibility requirements and a template for the funding agreement. The program provides matching funds up to $20,000 per property to go towards the cost of renovations. The aim of the program is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of the City of Schertz’ historic, architectural, economic, cultural, and social heritage. It does so by providing property owners an incentive for protecting their property; stabilizing and improving property values; fostering civic pride in the beauty and accomplishments of the past, and to promoting the use of the historic structures for the cultural, educational and general welfare of residents. It also serves to strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as providing support and stimulus to businesses. The Owner of the property at 528 Main Street, Angela Twitero, is applying for a grant to reroof the structure. Mrs. Twitero is the owner Angela King Designs, Inc. which is located in the structure. Mrs. Twitero has provided an estimate of cost of work, attached, of $9,185.59. In the event that additional work is required as part of the effort staff is recommending up to $5,000 be approved. The grant is a 1:1 matching grant, so if the cost of the project does not increase, the City would provide $4,592.79 towards the cost of the project.

City Council Memorandum Page 2 The Guadalupe County Appraisal District records show the structure to have been built in 1920 which is more than 50 years ago. The property is located in the Main Street Incentive Area, and taxes must be current prior to paying the grant. On March 26, 2018 the Schertz Historic Preservation Committee (SHPC) voted to recommend approval of the request. Goal Promote the history and culture of the City of Schertz to tourists and residents. Community Benefit Recognize structures of significance to the community’s past. Summary of Recommended Action Staff recommends approval of Resolution 18-R-50 approving the Schertz Main Street Area Preservation Incentive Grant for up to $5,000 subject to the applicant entering into the incentive agreement with the City. FISCAL IMPACT Up to $5,000 from the Hotel Occupancy Tax Funds. RECOMMENDATION Approval ATTACHMENT Resolution18-R-50

Cost Estimate Photo of Structure Funding Agreement


A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A HISTORICAL INCENTIVE PROGRAM FOR THE MAIN STREET AREA GRANT FOR 528 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH

WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz’ historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, Stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Historical Incentive Program for Main Street; WHEREAS, the Schertz Historic Preservation Committee is in support of this program and recommended approval of the grant request for 528 Main Street for up to $5,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:

Section 1. The City Council hereby approves the Schertz Main Street Area Preservation Incentive Program grant request for 528 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit “A”.




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.



PASSED AND ADOPTED, this 1st day of May 2018.

CITY OF SCHERTZ, TEXAS ____________________________________ Michael R Carpenter, Mayor


(CITY SEAL)

Exhibit A

Agenda No. 5

CITY COUNCIL MEMORANDUM City Council Meeting: May 1, 2018 Department: City Secretary Subject: Boards, Commissions and Committee

Member Resignations BACKGROUND The City Secretary’s Department recently received a resignation notice from Mr. Gary Howell stating that effective April 6, 2018 he will be vacating his seat on the Economic Development Corporation Board. FISCAL IMPACT None RECOMMENDATION Staff recommends Council accept the resignation of Mr. Gary Howell. ATTACHMENT Resignation

Agenda No. 6

CITY COUNCIL MEMORANDUM City Council Meeting: May 1, 2018 Department: Engineering Subject: Resolution No. 18-R-53 – A Resolution by the City

Council of the City of Schertz, Texas approving and authorizing Water, Wastewater, Access, and Drainage, Easement Agreements across Private Property from San Antonio One and San Antonio Three Limited Partnerships, and other matters in connection therewith

BACKGROUND The owners of the undeveloped land along the east side of Wiederstein Road between IH 35 and Old Wiederstein Road intend to construct public infrastructure improvements in order to facilitate future development of the property. The improvements include water and wastewater mains, drainage facilities, and access to an adjacent property. As extensions of the City of Schertz water and wastewater sanitary sewer systems, the City will accept the mains as public improvements and therefore require easements in order to access the facilities for operation and maintenance. The Maintenance and Easement Agreement for a proposed drainage facility on the same property is necessary in order to ensure the proper maintenance and operation of said facility by the property owner. Goal The goal of Resolution 18-R-53 is to accept and authorize the Water, Wastewater, Access, and Drainage Maintenance Easement Agreements from San Antonio One LP and San Antonio Three LP. Community Benefit Ensuring properly designed, constructed, and maintained infrastructure facilities to serve orderly development meets a core service need in keeping with the Strategic Plan of the City. Summary of Recommended Action Staff recommends Council approve Resolution 18-R-53, approving and authorizing execution of the Water, Wastewater, Access, and Drainage Easement Agreements with San Antonio One LP and San Antonio Three LP. FISCAL IMPACT There is no direct fiscal impact from this Resolution. RECOMMENDATION Staff recommends Council approve Resolution 18-R-53.

City Council Memorandum Page 2 ATTACHMENTS Resolution 18-R-53

• Water, Wastewater, and Access Easement Agreement (access to IH 35) with San Antonio One LP and San Antonio Three LP

• Water, Wastewater, and Access Easement Agreement (access to Wiederstein Road) with San Antonio One LP and San Antonio Three LP

• Maintenance and Easement Agreement (Drainage) with San Antonio One and LP and San Antonio Three LP


A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATER, WASTEWATER, ACCESS, AND DRAINAGE EASEMENT AGREEMENTS FROM SAN ANTONIO ONE AND SAN ANTONIO THREE LIMITED PARTNERSHIPS, AND OTHER MATTERS IN CONNECTION THEREWITH

WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City enter into agreements for Water, Wastewater, Access, and Drainage Easement Agreements with San Antonio One and San Antonio Three Limited Partnerships (collectively, the “Grantors”), in the form attached hereto as Exhibit A (the “Agreements”); and

WHEREAS, the City needs the Water, Wastewater, and Access Easements in connection with the construction, operation, and maintenance of water and wastewater mains to be constructed within the easements in the vicinity of the intersection of Wiederstein Road with IH 35; and

WHEREAS, the Drainage Easement is necessary to ensure the maintenance of a surface drainage facility; and

WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Water, Wastewater, Drainage, and Access Easements in accordance with the terms of the Agreements.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:

Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreements with the Grantors in substantially the form set forth on Exhibit A and to accept the Water, Wastewater, Access, and Drainage Easements in accordance with the terms of the Agreements.




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.



PASSED AND ADOPTED, this 1st day of May, 2018.



(CITY SEAL)

EXHIBIT A

EASEMENT AGREEMENTS

EXHIBIT A.1

EXHIBIT A.2

EXHIBIT A.3

Agenda No. 7


City Council Meeting: May 1, 2018

Department: City Management/Finance

Subject: Ordinance No. 18-T-15 - An ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017-2018 budget to recognize additional Library donations, to transfer funds from the Library Board to the Library Personnel Budget and authorize a temporary summer employee, to increase the budget for the temporary sewer treatment plant expansion, and to increase the budget for 3rd

party inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. First reading

BACKGROUND

With Ordinance 17-T-30 the City Council of the City of Schertz approved the annual budget for FY 2017-18. Staff is proposing to amend the budget to recognize additional Library donations that came in over budget and allow for their expense, to transfer funds from the Library Board to the Library personnel budget to allow for a temporary summer position, to increase the budget for the installation of the temporary sewer treatment plant, and to increase the budget for outside inspection services. As stated in September 2017, staff will combine and bring forward budget adjustments on a quarterly basis when possible to reduce the number and frequency of budget adjustments.

The Library is requesting an increased budget to allocate the additional donation revenues received and to recognize funding approved by the Library Board for a temporary summer employee. Currently the Library has brought in close to $5,000 in donations to date which is twice what was estimated in the Budget. In January of 2018, the Library Foundation, an independent organization, made a $3,762 donation to the Library to replace the computer catalogs with iPads. This donation was more than what was budgeted so staff is requesting council recognize an additional $5,000 in donation revenue and expenditures for the fiscal year to accommodate any future donations received.

The Library Board had $12,000 approved in their budget for special events and programs which is funded by sales from their book store. The Board decided $1,600 of those funds would best be used to fund a temporary summer employee to help with the program demand at the Library. The summer programs at the Library have very high attendance and the additional staff will help provide a more consistence customer service level to the citizens. Staff is requesting Council accept and transfer these funds from the Library Board to the Library personnel accounts and authorize a temporary summer employee to hire this position. This is a temporary position still and will not be automatically included in the FY 2018-19 Budget with this authorization.

Ordinance 18-T-05 authorized a budget of $359,700 to install an expansion of the temporary sewer treatment plant in the southern area of Schertz which will continue to provide service to the surrounding area until the new CCMA regional treatment plant is operational. That amount did not include additional engineering costs and the cost of a new generator to run the temporary plant, only the installation. This budget adjustment request will set the engineering costs for the project not to exceed $108,148 and the generator purchase to $20,000, for a total budget increase of $128,148. The total cost to expand the temporary sewer treatment plant would be $487,848 and covers engineering, installation, and power generation. The installation costs are funded out of the Sewer Capital Recovery Fund. The operating costs of the expansion were approved in the Water & Sewer Fund regular operating budget and is fully funded.

Staff is requesting the budget to be increased for the continued use of 3rd party plan review and inspections. The service contract with BB Inspection Services authorized expenditures up to $360,000 over a 2-year period. Last fiscal year the city used $189,600 leaving $170,400 remaining on the contract. The total budget for the current fiscal year on these services was $100,000. Staff is recommending the budget be increased by $70,400 to fully utilize the services remaining on the contract if needed.

As of April 27, 2018, staff has used 77% of the authorized amount in the current budget for these services. In an effort to maintain the length of time it takes to review and issue permits and perform inspections even in light of increased permitting activity, staff has been relying on these service contracts to supplement building inspections staff. The department has 5 staff positions that do plan review and inspections but has had a vacant position for 6 months due to the inability to hire a building inspector. Meanwhile in the first 7 months of the current fiscal year 81 additional permits have been issued compared the same time last year. These contract services are essential to maintain service levels at the levels expected of staff.

Summary of Recommended Action

Approval of Ordinance 18-T-15 approving the midyear budget adjustment.

FISCAL IMPACT

This ordinance will have no fiscal impact on the General Fund Budget. The Library Donation expenditures will match to the donated revenue. The additional Library personnel

expenditures related to the temporary summer employee will be funded by a transfer from the Library Board.

After Ordinance 18-T-05, the estimated ending Fund Balance for the Sewer Impact Fee Fund in the budget was $5,499,010. With the additional funds requested for the temporary sewer treatment plant expansion the new ending fund balance estimate would be $5,370,862. The project is authorized for use of sewer impact fees.

For the General Fund, the requested budget increase of $70,400 for additional inspection services will be funded by additional permit revenue above original budgeted projections and will not cause any decrease in General Fund balance as a result.

RECOMMENDATION

Approval of First reading Ordinance No. 18-T-15

ATTACHMENT

Ordinance No. 18-T-15


AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017-2018 BUDGET TO RECOGNIZE ADDITIONAL LIBRARY DONATIONS, TO TRANSFER FUNDS FROM THE LIBRARY BOARD TO THE LIBRARY PERSONNEL BUDGET AND AUTHORIZE A TEMPORARY SUMMER EMPLOYEE, TO INCREASE THE BUDGET FOR THE TEMPORARY SEWER TREATMENT PLANT EXPANSION, AND TO INCREASE THE BUDGET FOR 3RD PARTY INSPECTION SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, pursuant to Ordinance 17-T-30, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2017-2018 (the “Budget), which provides funding for the City’s operations throughout the 2017-2018 fiscal year; and

WHEREAS, the City needs to recognize an additional $5,000 in Library Donation revenue and expense; and

WHEREAS, the City needs to recognize a transfer of funds of $1,600 from the Library Board to the Library personnel budget for a temporary summer position; and

WHEREAS, the City needs to increase the budget for the temporary sewer treatment plant expansion by $128,148 for engineering and the purchase of a generator; and

WHEREAS, the City needs to increase the budget by $70,400 for additional 3rd party inspection services; 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 budget adjustment for additional Library Donations, transfer of funds from the Library Board to the Library personnel budget for a temporary summer position, increase the budget to complete the temporary sewer treatment plant expansion, and increase the budget for 3rd party inspection services, 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 increase the budget for Library Donation expenses and recognize an additional donation revenue in the amount of $5,000.

Section 2. The City shall transfer $1,600 from the Library Board to the Library personnel line items and authorize the hiring of a temporary summer position.

50558021.1 - 2 -

Section 3. The City shall increase the budget for the sewer treatment plant expansion by $128,148 for engineering services and the purchase of a generator to be funded from Sewer Impact Fee reserves.

Section 4. The City shall increase the budget for 3rd party inspection services and recognize additional permit revenue in the amount of $70,400.

Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council.

Section 6. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.

Section 7. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

Section 8. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision.

Section 9. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code.

Section 10. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law.

PASSED ON FIRST READING, the 1st day of May 2018.

PASSED, APPROVED and ADOPTED ON SECOND READING, the 8th day of May 2018.



50558021.1 - 3 -

(CITY SEAL)

Agenda No. 8


City Council Meeting: May 1, 2018 Department: City Management Subject: Ordinance 18-F-16 – An Ordinance granting an

electrical transmission and distribution and communications franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a ten year term. First Reading.

BACKGROUND The City is responsible for regulating and controlling the uses of its public rights of way across the City. This includes who can or cannot utilize these areas and if authorized to use them, what steps and processes must be followed so that these uses do not create health and safety concerns or nuisance conditions. Texas Utility Code Section 33 authorizes municipalities to charge a reasonable charge to an electrical provider that uses the City’s streets, alleys and public ways to provide electrical service to its citizens. The City of Schertz has had a franchise agreement in place with the Guadalupe Valley Electric Cooperative since 1972. City staff is bringing forward an updated franchise agreement with Guadalupe Valley Electric Cooperative. This agreement maintains the franchise fee at 2% of the gross receipts of electricity sales and it also adds an additional 2% fee based upon the gross receipts of sales of fiber optic home internet services. Home internet service is provided by GVEC with its electrical infrastructure and was not a service they provided at the time the City entered into its previous franchise agreement with GVEC. Because it utilizes the same streets, alleys and public ways, GVEC brought this fee forward so that all services they provide are included in the fees paid for access to these areas. City staff made several changes to the GVEC template franchise agreement with the majority of them being recommendations from the City Attorney regarding appropriate language that the City can agree to under the law. Staff made suggested language changes to insure the clarity of GVEC following the City’s Unified Development Code and its Right of Way Management Ordinance implemented last September. Additionally, there were language changes based upon GVEC incorporating its street light agreement into the franchise agreement with this renewal. It had previously been an independent annex to the old agreements. While completing staff’s review of the proposed new franchise agreement, we learned that the last franchise agreement with GVEC was signed in 1998 but unlike previously believed, that agreement had a term of ten years, not twenty. Staff has been working to better understand certain language in the 1998 agreement and are awaiting information back regarding this apparent expiration of the agreement. After completing the renewal of this agreement, staff will be reviewing all other franchise agreements to insure they are still in their term. Those that are found out of date or nearing out of date will be brought forward for evaluation and renewal.

City staff believes this agreement is in the best interest of both the City and GVEC and staff recommends passage of this ordinance on first reading. Community Benefit To provide the City with high quality electricity service in the areas served by GVEC by providing access to streets, alleys and public ways for the health, safety, and welfare of the citizens of the City.

Summary of Recommended Action Staff recommends Council approve Ordinance 18-F-16 on first reading awarding a Ten-Year Franchise to Guadalupe Valley Electric Cooperative.

FISCAL IMPACT No fiscal impact to approve the Franchise Ordinance. The City will continue the collection of franchise fees as has been done in the past. RECOMMENDATION Staff recommends Council approve Ordinance 18-F-16 on first reading. ATTACHMENT Ordinance 18-F-16 Final

1 4823-6211-4613.7

STATE OF TEXAS ORDINANCE NO. 18-F-16 CITY OF SCHERTZ

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING AN ELECTRIC TRANSMISSION AND DISTRIBUTION, AND COMMUNICATIONS FRANCHISE TO THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. FOR THE USE OF CITY STREETS, ALLEYS, AND PUBLIC WAYS FOR ATEN YEAR TERM COMMENCING ON THE EFFECTIVE DATE; CONTAINING VARIOUS TERMS AND CONDITIONS WITH REGARD TO THE GRANT OF SUCH FRANCHISE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE SUPERSEDING OF ANY AND ALL KINDS OF ORDINANCES, REGULATIONS, RULES, OR POLICIES THAT ARE IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, that:

Section 1. The City of Schertz, Texas (“City”), pursuant to this ordinance (“Ordinance”) does hereby grant unto the Guadalupe Valley Electric Cooperative, Inc. and to any of the Cooperative’s affiliates, successors and permitted assigns (“Cooperative”), the right, privilege, and franchise to erect, construct, maintain, operate, use, extend, remove, replace, repair, and excavate within, under, on, over, across, and along any and all of the present and future public roadways, highways, streets, squares, parks, lanes, alleys, public sidewalks, public ways, waterways, streams, and bridges in which the City now or hereafter has an interest, a system of poles, pole lines, transmission and distribution lines, wires, guys, conduits, switches, transformers, fiber optic cables, transmitters, receivers, amplifiers, wireless radio signal antennas and other wireless transmission signal devices, and other desirable appurtenances and facilities necessary or useful for the purpose of delivering, carrying, conducting, conveying, supplying, and selling to the City and the inhabitants of the City or other person or persons, firms or corporations, whether within or outside the City boundaries, electricity for light, heat, power and for any other purpose for which electricity may be now or hereafter used, and communication signals or the capability and capacity for transport of communication signals of whatever kind and character, including telephone signals, internet communications and cable TV signals; to deliver, carry, conduct, supply, and distribute electricity and communication signals by means of said poles, pole lines, transmission and distribution lines, wires, guys, conduits, switches, transformers, fiber optic cables, transmitters, receivers, amplifiers, wireless radio antennas and other wireless transmission signal devices, or other facilities to sell and distribute same to the City, the inhabitants of said City, or any other persons, firms or corporations, whether within or outside the City boundaries. Section 2. It is expressly understood and agreed that this Ordinance grants the Cooperative the rights and privileges contained in Section 1 above only as to property

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located within the corporate limits of the City presently in or hereafter added to the Cooperative’s service area and to property hereinafter annexed by the City which is presently or hereafter located within the Cooperative’s service area. The City shall notify Cooperative in writing of the effective date of any annexation of property into the City limits that would require Cooperative to include such properties for purposes of calculations of any payments due under this Ordinance. Cooperative shall not be liable to City for any payments, penalties, or interest on gross receipts for Cooperative customers within a newly annexed area until ninety (90) days after written notice from the City to the Cooperative of the annexation. Thereafter the Cooperative shall assure that any and all retail customers located within such annexed territory be included and shown on its accounting system as being within the City boundaries. After such ninety (90) day written notice from the City to the Cooperative or after the effective date of the annexation (whichever occurs last), all customer accounts located within the annexed territory shall begin accrual for purposes of the payment provisions specified in Section 11 of this Ordinance. Section 3. Cooperative’s structures, lines, guys, and other installations shall be designed and constructed consistent with the National Electrical Safety Code and any other applicable state and national standards as well as the City’s Unified Development Code. Upon written notification by the Cooperative to the City of an encroachment in a utility easement by the City, substantially interfering with the safe and effective operation of the Cooperative’s installed facilities, the City will take prompt and reasonable action to resolve its encroachment.

Section 4. If the City, in order for the accommodation or new construction of its sewers, water lines, streets or other public works, shall require any structures, lines, guys, or other installations and facilities of the Cooperative located in a street or other City right-of-way to be shifted or relocated to a new position in a street or other available right-of-way, such structures, lines, guys, or other installations shall be so shifted or relocated by the Cooperative at the Cooperative’s expense; provided, however, the City shall work with Cooperative in good faith to minimize the economic impact on Cooperative and the number of Cooperative facilities that may need to be relocated or shifted. City shall give the Cooperative reasonable prior written notice of its projects requiring relocation of the Cooperative’s facilities, and shall provide a suitable alternate public easement for the facilities to be relocated. The Cooperative shall be required to utilize appropriate equipment in compliance with the City’s current Unified Development Code when the relocation requires the use of new equipment. In the event that Cooperative is required by City to remove or relocate its facilities under this Section 4 and City is eligible under federal, state county, local or other programs for reimbursement of costs and expense incurred by Cooperative as a result of such removal and/or relocation, and such reimbursement is required to be handled through City, City shall apply for such reimbursement and include Cooperative’s removal and/or relocation costs and expenses in the application by City for reimbursement, and remit such reimbursement to Cooperative when received. City shall provide reasonable written notice to Cooperative of the deadline for Cooperative to submit documentation to City for reimbursement of the costs and expenses of such removal and/or relocation.

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If a third-party desires or the City requires Cooperative to adapt or conform any of

Cooperative’s facilities, or in any way alter, relocate, or change Cooperative’s property to enable any third party (whether public or private), other than the City, to use the public ways, Cooperative shall have the right, as a precondition to making any such alteration, change or relocation, to require payment to Cooperative for any and all loss, cost or expense occasioned thereby to be paid by the third party. The City shall, as part of any franchise agreement, or renewal thereof, with any future third party, include the requirement of payment by the third party to Cooperative for any and all loss, cost or expense incurred by Cooperative that is occasioned by the third party request for any alteration, change or relocation of Cooperative property only as required by ordinances and development colocation requirements and standards adopted by the City.

Cooperative shall permit private or public entities desiring to provide

communication services to the City to use existing Cooperative poles, provided that such attachment and use is feasible, does not interfere with Cooperative’s ability to utilize its facilities for its purposes, and is not in conflict with safety procedures or requirements of Cooperative. Such use shall be subject to the entity’s execution of Cooperative’s form of contract for pole attachment and payment of the Cooperative fees applicable to such service.

Section 5. The Cooperative may open-cut streets, curbs and sidewalks, and may bore, or utilize any other methods it deems reasonably necessary (including, but not limited to tree trimming) to construct, operate and maintain the Cooperative facilities within the City.

The surface of any street, alley, or public way or place disturbed by the Cooperative shall be restored to City standards by the Cooperative within a reasonable time after the completion of the work to the same or similar condition as existed prior to the Cooperative’s work. No street, alley, or public way or place shall be encumbered by the Cooperative for a longer period than shall be reasonably necessary to execute the work. The Cooperative shall have no responsibility for any injuries to landscaping or improvements located over, under, or around Cooperative facilities, but shall use reasonable care to avoid such injuries. Section 6. COOPERATIVE SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY, AND SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF THE COOPERATIVE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE, OR SUBCONTRACTOR OF THE COOPERATIVE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, OR

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REPRESENTATIVES. THE INDEMNITY PROVIDED BY THIS SUBSECTION DOES NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. IF COOPERATIVE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THIS STATE WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER STATE LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER STATE LAW. THIS SECTION IS SOLELY FOR THE BENEFIT OF THE CITY AND COOPERATIVE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

Section 7. Nothing herein contained shall be construed as conferring upon the Cooperative any exclusive rights or privileges of any nature whatsoever. Section 8. The provisions of this Ordinance are severable, and if any section, provision, or part thereof be declared invalid then it is hereby declared the intent of the parties that the remaining parts of this Ordinance would be adopted, notwithstanding such invalid part or parts, and the invalidity of any particular section, provision, or part shall not invalidate this Ordinance, unless such invalidation materially changes the rights or obligations of either party.

Section 9. This Ordinance shall be in force and effect for a period of ten (10) years from and after the date on which the City adopts it in the form authorized by the Cooperative (the "Effective Date"). The Cooperative’s payment obligation provided for in Section 11 of this Ordinance shall become effective on the first day of the month following the Effective Date. This Ordinance shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or previously passed by the City, including ordinances requiring an application, permit, or fee to use or construct facilities within City streets, alleys, or any other public ways. Section 10. In consideration of the rights granted to the Cooperative herein, the Cooperative, during the term of this Ordinance shall pay [annually or quarterly] to City (payable on or before the forty-fifth day after the end of each [year or quarter]) a franchise fee of two percent (2%) of the gross receipts received by Cooperative from the Cooperative’s sale of electricity, and two percent (2%) of the gross receipts received by Cooperative from Cooperative’s sale of fiber optic home internet services, but only to the extent such services, whether for electricity or for fiber optic home internet services, are provided through Cooperative facilities located in, on, or under City public ways for which Cooperative does not pay the City a rental fee or other consideration for such use outside this Ordinance, to each retail customer of Cooperative whose consuming facility’s point-of-delivery is located within the City’s boundaries during such previous [year or quarter]. The term ”gross receipts” shall not include (1) local, state, or federal taxes and regulatory fees of any kind collected by Cooperative that have been billed to its customers and that are separately stated on customer bills, (2) the franchise fees paid under this Ordinance, (3) receivables or revenue uncollectible from customers (i.e., bad debts) with billing

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addresses in the City that may have previously been included in gross receipts, or (4) revenue from the Cooperative’s pole attachment agreements. It is agreed that such franchise fee payment is in addition to any ad valorem tax now or hereafter to be assessed on and collected from Cooperative under the laws of the State of Texas. Other than with respect to such ad valorem taxes, the payments so provided for in this section are in lieu of all other fees or charges, and the City shall not impose or collect, nor attempt to impose or collect, any other charge or fee in connection with the construction, operation, and maintenance of Cooperative’s facilities or Cooperatives use of City public ways. In the event Cooperative’s customer bills contain charges for services or fees other than electric and/or communication service, customer payment shall be allocated between services on a pro rata basis for purposes of calculating the franchise fee. If the Cooperative elects to provide customer choice pursuant to the terms of the Public Utility Regulatory Act (“PURA”), the electric franchise fee due under this Ordinance shall be as provided in the Texas Utilities Code Section 33.008 for an electric cooperative. Section 11. Upon the City’s written request, at reasonable intervals not to exceed once per fiscal year, the Cooperative will provide to City reports setting out matters concerning rates charged for services provided and revenues received by reason of the operation of the Cooperative within the City for payments made within two (2) years prior to the commencement of the reports, as such services and revenues relate to the calculation of the franchise fee herein. Such reports shall not include personally identifiable information, the content of communications, or other privately stored data. Section 12. This Ordinance may be assigned by the Cooperative to any entity with the consent of the City, which consent shall not be unreasonably withheld. Section 13. The Cooperative understands that the City is bound by and will comply with the Texas Public Information Act and that all information that is shared with the City is subject to the requirements of this legislation. The City shall promptly notify Cooperative in the event that any information received from Cooperative is requested by any third party.

Section 14. As part of the consideration for the Cooperative's use of the City's streets and public ways under this Ordinance, the Cooperative agrees to provide street lighting service within the areas of the City covered by this Ordinance, as provided for in this section. The design and construction of the street light units shall be in accordance with the City’s Unified Development Code or if silent, then with reasonable industry standards. a. Street light units shall be installed and maintained by the Cooperative at various locations on City property in the City, as mutually agreed by the parties, but not including locations on farm-to-market roads, State or Interstate highways, or toll roads. Such lights shall be located primarily on street corners, within the bounds of the City streets, or at other locations on City property. Such lights shall be located for the benefit of the public and in areas which are open to and frequented by the general public. Following initial

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placements of lights, reasonable additional street light installations may be requested by the City Manager (or his designee) in writing, specifying the location of such light or lights to be installed under the terms of this Ordinance; the Cooperative shall reasonably comply with such requests, in its sole discretion. b. The Cooperative shall not be obliged to provide street lights on private property. Existing lights installed under private contracts with various persons or with the City may be absorbed into the street lighting system to be furnished hereunder, at the Cooperative's sole discretion, and the persons contracting for such lighting shall be excused from their obligations under such contract, provided that such lights meet the requirements of this Ordinance. c. Street lights in new subdivisions within the City limits and the annexed areas of the City shall be installed from time to time pursuant to this Ordinance. The City’s Unified Development Code or if silent reasonable industry design standards shall be used in determining locations. d. The Cooperative shall not install a street light in any block or area in which there is not at least one permanent residence or business, nor shall it erect street lights in areas along highways, roads or streets unless there is at least one residence or business within a normal city block or 500 feet of such light. Exceptions to this may be requested by the City Manager (or his designee) in writing, specifying the location of such light or lights to be installed under the terms of this Ordinance; the Cooperative shall reasonably comply with such requests, in its sole discretion. e. If the installation of different types of street light units other than those that are in accordance with reasonable industry standards should be requested by the City, such units will be installed and maintained by the Cooperative upon a cost-sharing basis. The City shall be billed for the balance of the cost of such light at such location. f. For lights requested by the City and installed by the Cooperative that are different than reasonable industry standards, the City shall reimburse the Cooperative monthly for its delivered cost of power consumed by such lights in excess of that applicable to the standard size light unit. g. In the event any area in which street lighting has been placed should no longer be used, either as business property or residential, to such extent that street lighting would not be appropriate under the terms of this Ordinance, then the street lights in such area may be removed by the Cooperative with the agreement of the City. If the City objects to the removal, the light(s) shall remain and the City shall be billed based upon a cost-sharing basis.

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h. It is understood that the street lighting being furnished under the terms of this Ordinance is being requested by the City and furnished by the Cooperative as a service to the City in the manner agreed upon herein. i. Notwithstanding anything herein to the contrary, the Cooperative's obligation to provide street lighting under this section shall apply only to areas of the City served electricity by the Cooperative. The Cooperative reserves the right to terminate its obligation under this section if its non-wholesale power revenues are materially reduced as the result of another entity performing a power delivery function (i.e. distribution, transformation, metering, billing, etc.) in any section of the City served by the Cooperative. If this Ordinance is terminated at any time or for any reason, all street lighting provided thereafter at the written request of the City shall be billed to and paid for by the City at the then-existing appropriate tariff or as otherwise agreed by the Cooperative and the City.

PASSED AND ADOPTED THIS THE _____DAY OF _____________, 201__.

CITY OF ________________ Mayor ATTEST: City Secretary ACKNOWLEDGED, ACCEPTED, AND AGREED TO: GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. BY: NAME: DATE:

2876581.5

Agenda No. 9

CITY COUNCIL MEMORANDUM City Council: May 1, 2018 Department: Economic Development Subject: Resolution No. 18-R-51 Consideration

and/or action approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and Schertz 312, LLC. (B. James/K. Kinateder)

BACKGROUND

The City of Schertz Economic Development Corporation (the “SEDC”) and Schertz 312 LLC. (“Schertz 312”) have been in negotiations regarding the SEDC’s participation with infrastructure improvements for Schertz 312’s proposed development expansion.

The SEDC had intended to meet to consider, discuss, and take possible action at their April 26, 2018 regularly scheduled meeting but were unable to get quorum. The SEDC meeting has been rescheduled for May 1, 2018 at 5:00. Though staff does not anticipate any changes, we have chosen to continue our practice of waiting to provide the Performance Agreement to Council until it has been approved by the SEDC Board of Directors.

During the May 1, 2018 City Council Meeting, staff will provide full documentation of both the Resolution and Performance Agreement as the City Council considers the authorization of program and expenditures associated with the Agreement between the SEDC and Schertz 312.

Agenda No. 10



Department: Economic Development

Subject: Resolution No. 18-R-52 - approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and WR1, LLC. (B. James/K. Kinateder)

BACKGROUND

The City of Schertz Economic Development Corporation (the “SEDC”) and WR1, LLC. (“WR1”) have been in negotiations regarding the SEDC’s participation with infrastructure improvements for WR1’s proposed development.

The SEDC had intended to meet to consider, discuss, and take possible action at their April 26, 2018 regularly scheduled meeting but were unable to get quorum. The SEDC meeting has been rescheduled for May 1, 2018 at 5:00. Though staff does not anticipate any changes, we have chosen to continue our practice of waiting to provide the Performance Agreement to Council until it has been approved by the SEDC Board of Directors.

During the May 1, 2018 City Council Meeting, staff will provide full documentation of both the Resolution and Performance Agreement as the City Council considers the authorization of program and expenditures associated with the Agreement between the SEDC and WR1, LLC.

Agenda No. XXA



Department: City Manager

Subject: CCAB March Summary Attached is a copy of the Boards and Commission Summary from the April 18, 2018 Committee of Committees Advisory Board (CCAB) Meeting. This summary is distributed to all board and commission members.

April 18, 2018 Reports from Boards and Commissions BOA – March 26, 2018 The Board of Adjustments did not meet in March as there were no items to consider.

Planning and Zoning Commission – March 28, 2018 and April 11, 2018 (Cancelled). At their March 28 meeting, the Commission approved a number of plats. Additionally they discussed recommending that City Council consider City initiated zoning cases in areas where the current zoning is not consistent with the Future Land Use Plan. As part of that discussion staff noted that it might be more beneficial to have staff continue to focus on updating the Unified Development Code (UDC) in light of the relatively small amount of land that was likely to actually develop in a manner at odds with the City’s Future Land Use Plan. The Commission also discussed the need to update the Future Land Use Plan. The Commission will potentially revisit this issue in the future. The April 11 meeting was cancelled due to a lack of agenda items.

TSAC – April 5, 2018 The Commission discussed recent complaints about parking on Westchester Drive. The street is wide enough to accommodate parking on one side (as is currently the case) and that having cars parked on one side serves to slow down traffic (as wider road sections can encourage speeding). The problem seems to be people crossing Westchester mid-block after they park their cars. The ultimate solution is to provide sidewalks along that side of Westchester to allow people who park on the street the ability to use the sidewalk to get to Elbel. TSAC also discussed challenges for pedestrians trying to cross Borgfeld Road at Dietz Road after the recent improvements. Staff is researching the cost of modifying the signal, curbs and sidewalks to improve the situation. Staff also discussed adding bike lanes on both sides of Fairlawn Avenue and Belmont Parkway to provide safer bike access and to slow vehicle traffic on both roads where speeding has been a concern. These improvements are not currently budgeted and would need to be considered as part of the upcoming budget. Historic Preservation – March 8, 2018 The SHPC has not met since the last CCAB meeting.

Parks and Recreation Advisory Board – March 26, 2018 The Parks Board reviewed the new Parks Program Guide that was distributed with the most recent issue of Schertz Magazine. The board also discussed holding a regional parks board workshop as a way to improve communication and coordination amongst communities in the area, particularly as it relates to hike and bike trail networks and connectivity. A subcommittee of the board is going to continue focusing on this concept. The board also discussed a petition from residents near Forrest Ridge Park for improvements to their park. After discussing the matter, the board felt that in light of easements encumbering the park and higher funding priorities, they were not inclined to support recommending providing these requested additional improvements, but wanted to review the list of park funding priorities before making a final decision. Library Board – April 1, 2018 At their April meeting, the Library Board received reports on the board’s finances, library usage and the bookstore. They also discussed bringing soup for the Library staff during Library Appreciation week. Schertz Economic Development Corporation – March 22, 2017 The SEDC Board has worked over the last seven years to build a reserve fund so that all economic development incentives could be funded through the SEDC thereby freeing up the City’s general fund for other purposes. The SEDC currently has $15 million that the SEDC Board has planned for company direct incentives and infrastructure improvements.

Staff presented an update on the annual certification for companies with active incentive agreements. Currently the SEDC and City have incentive agreements with nine companies, seven of which were required to report their compliance to their agreements for the 2017 calendar year. Each of these companies reported, and were found by the SEDC staff to be in compliance with their agreement except Amazon whose certification report is not due until April.

Staff presented an update on the recruitment efforts by the SEDC. Staff continues to implement the recruitment strategy which involves digital marketing campaigns to potential companies and recruitment trips to strategic events and regions to meet with companies and consultants. Over the past quarter, the SEDC’s website activity remained consistent from the previous quarter. Staff has begun rolling out blog posts that will be used to increase website engagement. Additionally, staff executed an aggressive recruitment trip schedule which included seven events. The SEDC Board deliberated regarding the future purchase of property located within the Freeway Manor Subdivision and allocating funds to the upcoming budget to purchase the lots as they became available. The property is located off Interstate 35 between FM 2252 and FM 1103 near the Belmont Subdivision. The subdivision is 66.9 acres and consists of 247 parcels, of which the City currently owns 51. After discussion relating to potential Projects that the SEDC is authorized to fund, the SEDC Board decided that it would be more appropriate for the City to focus on this redevelopment effort and for the SEDC to continue to focus on its mission of attracting/retaining primary jobs and infrastructure improvements.

The Board discussed three Projects in closed session, no action was taken.

Committee of Committees Advisory Board Summary

CCAB Notes 04/18/18:

Mr. James gave the City Manager update. He spoke about some new things staff is doing this year. Examples include the

Parks and Rec Guide, the Movin’ on Main event, and the upcoming Shred Day event. Now that some of these have taken

place, it will allow for discussions on funding to expand, improve or reach a wider audience on several of these new items.

Staff also had a preliminary budget retreat with City Council since the last CCAB meeting. This year past budget year, staff

went deeper into items requested by various City departments and showed and discussed with Council items that fell

below the “cut line”, those items for which funding was not available. At the budget retreat staff went into great detail on

areas needing recurring funding such as parks, sidewalks and facilities maintenance.

Jon Harshman, Director of Fleet and Facilities Services and Todd Buckingham, the recently hired Facilities Manager, spoke

about City facilities and their efforts to develop a regular building maintenance program. Jon reviewed several in-progress

facility repairs including several high priority projects – the Recreation Center restrooms, Fire Station #2 leaks, Pickrell

Park Pool electrical work, etc. Mr. Buckingham discussed the effort to evaluate all the City’s facilities and develop long

term plans for maintenance and repairs.

Next meeting agenda topics: Ways to increase the number of folks volunteering for open positions on Boards and

Commissions and how to attract folks to volunteer service. Additionally the need to review what each Board or

Commission is tasked with doing, and considering whether the role of each needs to expand, contract, or change and the

need to ensure staff supports each board/commission in focusing on its mission.

Agenda No. 13B


City Council Meeting: May 1, 2018 Department: City Manager’s Office Subject: Movin on Main Event Recap

BACKGROUND Movin on Main is a new event that was added to the FY 17/18 event line-up. This event began as a result of feedback from the 2016 Citizen Satisfaction Survey that indicated residents placed a high priority on parks and recreation programs and the desire to expand on the programs offered by the City. The initial idea was to put on an event modeled on the Síclovía concept, which turns major city streets into a safe place for people to exercise and play. Staff wanted to create a similar event that highlighted Main Street. The Schertz Family YMCA became a critical partner with the City for the event, because their knowledge of this type of event given their role in putting on the Síclovía event in San Antonio and their established fitness networks enhanced and expanded resources beyond what the City had capacity to do. The City closed down Main Street on Sunday, April 8 2018 so that it became temporarily car-free for about 4 hours to allow families to walk, run, ride bikes, take exercise classes and enjoy the city street. The inaugural event was a great success. Staff had hoped for an attendance of around 800. Staff found it difficult to get an accurate count given the continuous movement of people along the route and the coming and going of people during the course of the event, but staff estimated two to three thousand attended the event. The nice weather that day certainly helped. Over the course of the past year, staff has incorporated a feedback loop into the events process to determine areas that went well and areas that can be improved upon. Staff engages in multiple channels to solicit feedback from not only those who attended the event, but also to the vendors that participate as well. A post-event survey was posted the Tuesday morning after the event to Facebook and on Schertz.com and a separate survey was emailed to the vendors (food and retail). Staff also had an internal after-action meeting with the departments and partners that were involved in the planning and execution process of the event. The feedback received was positive with the overall rating of the event being a 4.5 out of 5. That being said, there were several areas staff and event-goers identified to look into improving for next year’s event (having more kid activities, improved signage on route, more food vendors, etc.). The vendor feedback was also positive and they had good suggestions at areas to look at for improving (expand the route, put booths closer together, provide locations ahead of time, etc.). Staff will take everything learned from this first year and all the feedback received into consideration when planning for next year’s event.

Agenda No. 13C


City Council Meeting: May 1, 2018 Department: City Manager’s Office Subject: Summary of Facility Master Plan

BACKGROUND The Facility Master Plan was initiated in 2015 after an architectural firm was selected through a Request for Qualifications process. The consultants utilized a number of tools and processes to assemble the final report. These included an audit of current buildings to determine square footage of office space, breakrooms, work rooms, hallways, etc., questionnaires to Department Heads regarding future staff needs, benchmarking against cities that are 35,000, 50,000 and 75,000 population and interviews with staff. A preliminary report was developed based upon this data gathering and meetings were held with staff to develop possible options for short and long term options to acquire more staff space. These results are what was formulated into the final report. Staff has spent time reviewing this report and have developed a list of takeaways from the final results and options presented.

- The study evaluated staff office space and did not include fire stations or quality of life facilities such as the library and recreational facilities. Both fire stations and quality of life facilities are not determined by the amount of space needed for staff but by the location of where the services need to be provided. Utilizers of this report must remember that addressing the space needs for staff will not include all building needs of the City.

- City buildings evaluated in this study are eight to forty-one years old. Several of them are easily modifiable if we have flex space to place staff during the remodel activities. Costs may require us to demolish some buildings and come back with better engineered space than what we could possibly achieve with refurbishment.

- Space for additional staff is almost non-existent today in the buildings we are currently occupying and in the manner in which we are occupying them. This shortage of space has led to instances where some staff is working in less than appropriate space.

- The City has some short-term options to better utilize current space or to utilize space we have today but are not occupying to provide a small amount of relief to current staffing levels allowing for space for new positions in a few select areas. Utilization of these limited short term options will help available space get closer to today’s needs but will not provide space to address needs of the next five to ten years or longer.

- Staff does not agree with the final estimated square footage requirements that will be required when the City approaches build out, however, staff does agree that the total space that will be needed is much greater than what we have today.

o Example, the report shows 96,000 square feet needed for the Police Department but based upon other larger communities, staff believes this number is more realistic at 75,000 square feet.

o The report estimates an approximate total of 340,000 square feet of office space when the City is at 75,000 population. Staff believes that number may be as low as 280,000 square feet but that is still over 100% more space than we have today.

- Staff and Council should begin work immediately to utilize some of the lower cost options we have available to free up additional space while we develop long range plans for large building projects to begin developing space requirements for our long-term growth.

- Staff agrees with the report that maintaining a well-planned centralized campus around the Hal Baldwin Municipal Complex will lead to better customer service for our citizens.

- Staff believes the option of relocating Fire and Police administration to City property on Live Oak Road is the best long-term option to free up flex space so that Building 1 and Building 2 can either be replaced or refurbished.

- Staff believes working to utilize available space in two buildings purchased in 2012 on Commercial Place can provide a medium term solution to space needs for Fleet and Facilities, Parks and Rec, Engineering and Public Works.

- Staff recommends the report be read for the concepts and ideas for space creation and utilization and not read for actual numbers of staff or square footage. This will lead to decisions where buildings are built for the required needs at the time they are constructed while having the capability for our build out requirements.

- Changes in technology may allow for less office space than is currently anticipated. - Changes in City operations adding additional services or contracting out service may alter

the amount of space needed.