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City Council Meeting Agenda Packet 5-3-20221 CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor Bert Lyle, Position 1 At-Large Dee Howard Mullins, Position 2 At-Large Vicki McKenzie, Position 3 At-Large Pat Graham, Position 4 At-Large Russell Humphrey, Mayor Pro Tem, Ward 2 Daiquiri Beebe, Ward 1 Deloris Massey, Ward 3 Jon Strong, Ward 4 HUNTSVILLE CITY COUNCIL AGENDA TUESDAY, MAY 3, 2022 WORKSHOP 5:00 P.M. - Large Conference Room REGULAR SESSION 6:00 P.M. - City Council Chambers Huntsville City Hall, 1212 Avenue M, Huntsville, Texas, 77340 Persons with disabilities who plan to attend this meeting and may need auxiliary aids or services are requested to contact the City Secretary’s office (936.291.5413) two working days prior to the meeting for appropriate arrangements. WORKSHOP (5:00 p.m.) a. CivicClerk Board Portal training MAIN SESSION (6:00 p.m.) CALL TO ORDER INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. PROCLAMATION a. Proclamation No. 2022-13 for National Day of Prayer b. Proclamation No. 2022-14 for National Travel and Tourism Week PRESENTATIONS a. Presentation to dedicate Nicole Way PUBLIC HEARING a. Public Hearing to hear testimony concerning the consideration of a Conditional Use Permit Application for the expansion of a Commercial Vehicle Maintenance Shop to be developed on property located at 315 SH 75. 1. CONSENT AGENDA The presiding officer will call for public comments before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Consider approving the Minutes from the April 19, 2022, Regular City Council Meeting. b. Consider adoption of Ordinance 2022-13 to amend the budget for FY 21-22 and/or CIP Project Page 1 of 76 2 budgets. c. Consider authorizing the City Manager to enter into a contract with AG/CM to provide building inspection and plan review services to supplement existing inspection staff levels. d. SECOND READING: Consider adoption of Ordinance 2022-14, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation, Article III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members from seven (7) to nine (9). 2. STATUTORY AGENDA a. Consider approving a Conditional Use Permit Application for the expansion of a Commercial Vehicle Maintenance Shop to be developed on property located at 315 SH 75. b. FIRST READING: Consider authorizing the City Manager to enter into an agreement with Lockwood, Andrews & Newnam, Inc. for professional engineering services for the FY 21-22 McGary Creek Lift Station Expansion Project. c. FIRST READING: Consider authorizing the City Manager to enter into an agreement with LJA Engineering for professional engineering services for FY 21-22 Waterline Replacement Projects. d. FIRST READING: Consider adoption of Ordinance No. 2022-16 suspending the rates proposed by Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Entex Gas Reliability Infrastructure Program (“GRIP”) filing made with the City on March 3, 2022. 3. CITY COUNCIL/MAYOR/CITY MANAGER 4. REQUESTS FOR CITIZEN PARTICIPATION (An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken.) 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA 6. EXECUTIVE SESSION a. Executive Session - City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice on Easement Acquisition for Utilities. 7. RECONVENE Take action on item discussed in executive session, if needed. ADJOURNMENT *If during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property; 551.073 – deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 – implementation of security personnel or devices; 551.087 – deliberation regarding economic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits; and/or other matters as authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session to take action, if necessary, on the items addressed during Executive Session. Page 2 of 76 3 CERTIFICATE I, Kristy Doll, City Secretary, do hereby certify that the above notice was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City’s website, www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code. DATE OF POSTING: 4/29/2022 Kristy Doll TIME OF POSTING: 10:00 a.m.Kristy Doll, City Secretary TAKEN DOWN: Page 3 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: CivicClerk Board Portal training Initiating Department/Presenter: City Secretary Presenter: Kristy Doll, City Secretary Recommended Motion: Not applicable Strategic Initiative: Goal #6, Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: None Previous Council Action: Financial Implications: Approvals: Kristy Doll Associated Information: Page 4 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Proclamation No. 2022-13 for National Day of Prayer Initiating Department/Presenter: City Council Presenter: Andy Brauninger, Mayor Recommended Motion: Not applicable Strategic Initiative: Discussion: None Previous Council Action: None Financial Implications: None Approvals: Kristy Doll Associated Information: Page 5 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Proclamation No. 2022-14 for National Travel and Tourism Week Initiating Department/Presenter: City Council Presenter: Andy Brauninger, Mayor Recommended Motion: Not applicable Strategic Initiative: Discussion: None Previous Council Action: None Financial Implications: None Approvals: Kristy Doll Associated Information: Page 6 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Presentation to dedicate Nicole Way Initiating Department/Presenter: City Manager Presenter: Recommended Motion: Strategic Initiative: Discussion: Previous Council Action: Financial Implications: Approvals: Kristy Doll Associated Information: Page 7 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Public Hearing to hear testimony concerning the consideration of a Conditional Use Permit Application for the expansion of a Commercial Vehicle Maintenance Shop to be developed on property located at 315 SH 75. Initiating Department/Presenter: Development Services Presenter: Charles Young, Planner Recommended Motion: Public Hearing Only - No action required. Strategic Initiative: Goal #3, Economic Development – Promote and enhance a strong and diverse economy. Discussion: Previous Council Action: Financial Implications: Approvals: Kevin Byal Kristy Doll Associated Information: Page 8 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Consider approving the Minutes from the April 19, 2022, Regular City Council Meeting. Initiating Department/Presenter: City Secretary Presenter: Kristy Doll, City Secretary Recommended Motion: Move to approve the Minutes of the Regular City Council meeting held on April 19, 2022. Strategic Initiative: Discussion: None Previous Council Action: Not applicable Financial Implications: None Approvals: Kristy Doll Associated Information: 1.4-19-2022 draft minutes Page 9 of 76 Page 1 of 4 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 19th DAY OF APRIL 2022, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M. The Council met in regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Deloris Massey, Bert Lyle, Vicki McKenzie COUNCILMEMBERS ABSENT: OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney WORKSHOP [5:00 P.M.] Transit and Mobility Study Presentation Briefing MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember McKenzie gave the invocation and pledges were led by Mayor Brauninger. PROCLAMATIONS Proclamation No. 2022-12 Fair Housing 1. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on April 5, 2022. [Kristy Doll, City Secretary] b. Consider authorizing the City Manager to approve the purchase and installation of four (4) bleacher covers for Kate Barr Ross Park. [Kristy Doll, City Secretary] c. Consider acceptance of a petition for annexation and Resolution 2022-14, setting the date, time, and place for a public hearing on the proposed annexation of approximately 263 acres of certain property by the city of Huntsville, Texas, and authorizing and directing the City Secretary to publish notice of such hearing. [Kristy Doll, City Secretary] Page 10 of 76 Page 2 of 4 d. Consider updating and reaffirming the City’s Fair Housing Policy as required for continued program eligibility and compliance to administer various state and federal grants, and to adopt Resolution 2022-16. [Kristy Doll, City Secretary] Councilmember Beebe made a motion to approve the consent agenda 1a, 1b, 1c, and 1d; the motion was seconded by Councilmember Graham. The motion was adopted, 8-1. Councilmember Dee Howard Mullins voted against the motion. 2. STATUTORY AGENDA a. Consider authorizing the City Manager to enter into a contract with Kendig Keast Collaborative (KKC) for the update of the City of Huntsville Development Districts. [Armon Irones – City Planner] Councilmember Beebe made a motion to authorize the City Manager to enter into a contract with Kendig Keast Collaborative (KKC) for the update of the City of Huntsville Development Districts; the motion was seconded by Councilmember McKenzie. The motion was adopted 9- 0. b. Consider authorizing the City Manager to apply for the FEMA Hazard Mitigation Grant Program (HMGP) in the amount of $292,500 in grant funding, with a commitment of $97,500 being provided as the required City match and adopting Resolution 2022-15 in support of same for a comprehensive drainage study for the Elkins Lake Subdivision. [Kristy R. Hadnot – Grants Manager] Councilmember Beebe made a motion to authorize the City Manager to apply for the FEMA Hazard Mitigation Grant Program (HMGP) in the amount of $292,500 in grant funding, with a commitment of $97,500 being provided as the required City match and adopting Resolution 2022-15 in support of same for a comprehensive drainage study for the Elkins Lake Subdivision; the motion was seconded by Councilmember Strong. The motion was adopted 9-0. 3. CITY COUNCIL/MAYOR/CITY MANAGER a. First Reading Consider adoption of Ordinance 2022-14, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation, Article III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members from seven (7) to nine (9). [Dee Howard-Mullins – Councilmember] First Reading – No Action taken b. Consider commissioning a comprehensive drainage study to look at, itemize, and diagnose the flooding issues at Elkin’s Lake [Councilmembers Strong, Lyle and Howard-Mullins] Councilmember Beebe made a motion to direct the City Manager to prepare for consideration a proposal to complete a Comprehensive Master Drainage Study for the Elkins Lake Subdivision if the application for Hazard Mitigation Grant funding is successful; the motion was seconded by Councilmember Strong. The motion was adopted 9-0. Page 11 of 76 Page 3 of 4 4. REQUESTS FOR CITIZEN PARTICIPATION (An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken.) None 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) None 6. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.) Mayor Brauninger provided information about the wonders and challenges of “Bird Migration” on April 26th at 1 p.m. Councilmember McKenzie provided information about National Library Week and the Huntsville Public Library hosting an art contest for children and teens. Councilmember Strong provided information about the Rosenwald Acres for an Earth Day Festival, April 22nd from 3:00-8:00 p.m. Councilmember Lyle provided information about the Huntsville Public Library offering free Microsoft PowerPoint classes. Councilmember Mullins provided information about celebrating Cinco de Mayo at Rather Park. Councilmember Mullins provided information about the Walker County Chamber of Commerce Diva Night. Councilmember Mullins provided information about getting fit while you sit with Sittercise classes. Councilmember Beebe provided information about Junk-A-Palooza. Councilmember Humphrey provided information about a CASA fundraiser. 7. EXECUTIVE SESSION a. City Council will convene in close session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice on Easement Acquisition for Utilities. b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071(1) & (2) – consultation with legal counsel for the purpose of attorney-client communications concerning the City of Huntsville New Police Headquarters and Fire Station #2/Fire Administration Building Project. Page 12 of 76 Page 4 of 4 Council convened in Executive Session at 7:00 p.m. 8. RECONVENE Council reconvened from Executive Session at 7:50 p.m. Councilmember Beebe made a motion to authorize the Chapman Law Firm to a file lawsuit against ADG; the motion was seconded by Councilmember McKenzie. The motion was adopted 9-0. Councilmember Beebe made a motion to reject the offer made by Peake Interest for purchase of easement; the motion was seconded by Councilmember Graham. The motion was adopted 9-0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:51 p.m. ATTEST: CITY OF HUNTSVILLE ____________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor Page 13 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Consider adoption of Ordinance 2022-13 to amend the budget for FY 21-22 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter, Finance Director Recommended Motion: Move to adopt Ordinance 2022-13 to amend the budget for FY 21-22 and/or CIP Project budgets. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Detailed explanations for the Budget Amendments are provided in the attachment, Exhibit A, to the Ordinance. The Budget Amendments were discussed with the Finance Committee at their April 19, 2022 meeting. Previous Council Action: None Financial Implications: See the attached Ordinance 2022-15 and related Budget Amendments (Exhibit A) Approvals: Rick Rudometkin Kristy Doll Aron Kulhavy Associated Information: 1.ORDINANCE 2022-15 - Budget Amendments 5.3.22 council meeting 2.BAs 5-3-22 Council Page 14 of 76 Agenda Item # Page 1 ORDINANCE NO. 2022-15 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2021- 2022 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2021-27 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2021-2022 Annual Budget and CIP Budgets were adopted by Ordinance 2021-27 on September 21, 2021; WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the course of the fiscal year; WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on the associated revenues and expenditures and the overall impact on the general financial status of the City; WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville, Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the City of Huntsville to amend the annual budget for fiscal year 2021 – 2022 and the Capital Improvements Projects (CIP) budget as set forth herein; and WHEREAS, this ordinance combines the independent Council actions into one budget amendment document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The findings set forth above are incorporated into the body of this ordinance. Section 2. The annual budget for fiscal year 2021 – 2022 is hereby amended to include the expenditures and revenues in Exhibit “A” and the Capital Improvements Projects budget is hereby amended to include the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out verbatim herein. Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other section or portion of this ordinance. Section 5. The necessity for amending the budget for the fiscal year 2021 – 2022 and Capital Improvements Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. Section 6. This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 3rd day of May 2022. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _____________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Page 15 of 76 Budget Amendments FY 21-22 Council - May 3, 2022 Exhibit A Increase:General Fund - Inspections - Purchased Services/Contracts $58,000 Increase:General Fund - Building Permits revenue $58,000 Explanation: Inspections Division under the Development Services Department has needed to resort to contracting out some of the building inspections work due to turnover in staff and building in the City being significantly more than anticipated in the current fiscal year. To date, thru the end of March (6 months (50%) into the fiscal year) the Permits Revenue is at 77% of what was budgeted for the 21 - 22 fiscal year. If Permit Revenues continued at this pace the City would end up with $1,292,000 for this revenue source in General Fund which would be $456,500 in excess of the $835,500 budgeted amount. Being conservative, the City should end the fiscal year with at least $1,000,000 in Permit Revenues which would be $164,500 more than what was budgeted and would more than cover the $58,000 being requested for this budget amendment. Increase:General Fund - Non-Departmental $155,000 Increase:General Fund - Sales Tax revenue $155,000 Explanation: The City Council at their May 18, 2021 meeting authorized the City Manager to enter into a Chapter 380 Agreement with Zinc Point Manufacturing. "Company Obligations" of the agreement called for the Company to "...create at least 40 New Full and Part-Time Jobs by December 31, 2023..." and "...maintain at least such number...until December 31, 2025". "City Obligations" of the agreement provided for the City to provide 1) a "grant" for one- half the cost for the company to remediate any environmental issues up to a maximum of $75,000; 2) $2,000 per hired Walker County Resident "on or before 2023" up to a total $200,000 (100 Walker County residents hired); 3) "grant"/refund of property tax from increment value of all property tax accounts for the property the company with 100% of the tax from increment value the first 6 years then 90% the 7th year, 80% the 8th year, 70% the 9th year, and 60% the 10th year and 0% thereafter; 4) inspections and permitting fees not to be charged to the Company. The $150,000 expenditure component of this Budget Amendment is based on the $75,000 for one-half the environmental remediation to the Company, "1)" above, and "40 hired Walker County residents", "2)" above. The "source" of funds bein proposed for this increase to expenditures in the General Fund is Sales Tax revenue year to date which is currently (through March 2022 - 6 months into the fiscal year) exceeds the $5,313,000 budgeted for the first 6 months of the fiscal year by $552,000. Page 16 of 76 Decrease:Brookhollow Lift Stn. Rehab. WW Project $(193,567) Decrease:RC-04 Basin Rehab & Renewal - WW Project $(13,985) Increase:Fund 702 - WW Projects - Unallocated Budget $207,552 Decrease:Misc. Waterlines Project - Water R & R Fund $(62,051) Increase:Fund 703 - Water R & R Projects - Unallocated Budget $62,051 Explanation: The two Wastewater projects listed and the one Water project listed have been completed and there was unused budget remaining for the projects . This budget amendment requests that the unused budget amounts be moved to "Unallocated Budget" in each of the Funds for use on other projects in the future that may need additional budget. Fund 702 WW Projs Unallocated Budget will have a balance of $229,030 after the increase from the BAs (if approved). Fund 703 Water R&R Projects Unallocated Budget will have a balance of $561,936 after the increase from the BAs (if approved). Increase:Proposition 3 Bonds - Water Projects Engineering $10,780 Increase:Proposition 3 Bonds - Water - 4,800 GPM LPP Plant w/ 2 MG GST $8,812 Increase:Proposition 3 Bonds - Water - 2.5 MG Elevated Storage Tank $34,737 Increase:Proposition 3 Bonds - Wastewater - AJ Brown WWTP - Imprvmts. & Refurb.$298,408 Decrease:Fund 701 Water CIP Projects - Unallocated Budget $(352,737) Explanation: The Proposition 3 Bond projects in this Budget Amendment are projects that are complete and should be closed out. Each of these projects ended up slightly over budget; $10,780 for the Water Projects Engineering is 0.23% (less than 1%) over, $8,812 for the 4,800 GPM LPP Plant is 0.16% (less than 1%) over, $34,737 for the 2.5MG Elevated Storage Tank is 0.87% (less than 1%) over, and $298,408 for the AJ Brown WWTP Imprvmts. & Refurb. is 1.25% (slightly over 1%). Total Budgets for each of the projects were as follows; Water Projects Engineering - $4,593,995, 4,800 GPM LPP Plant - $5,601,105, 2.5MG Elevated Storage Tank - $3,968,538, AJ Brown WWTP Imprvmts. & Refurb. - $23,886,665. Fund 701 Water CIP Projects Unallocated Budget will have a balance of $200,476 after the decrease from this BA (if approved). Page 17 of 76 Increase:Street CIP - Unallocated Budget $6,312 Increase:Street CIP - Jenkins Rd. Widen Project $(6,312) Explanation:The Jenkins Rd. widen project had a total budget of $98,000. The project was completed in August 2021 with $12,000 in Engineering costs and $79,114 in Construction costs and $574 in misc. other costs. Staff is requesting the unused budget for the project be moved to Street CIP - Unallocated Budget for potential use on future street CIP projects. Decrease:General CIP - Digital Signs project $(22,368) Decrease:General CIP - Skate Park $(500) Decrease:General CIP - Service Center Fuel Tanks $(5,204) Decrease:General CIP - Way Finding signs project $(500) Increase General CIP - Unallocated Budget $28,572 Decrease:General CIP - Animal Control Center $(562,794) Increase Animal Control Center CIP - 2020 Certificates of Obligation $562,794 Explanation: The Digital Signs project has been complete for a couple of years now. The budget was $161,196 and $138,828 was spent. The "Skate Park" budget was initiated in the 20 - 21 Budget for $75,000 and expenditures totaled to $74,500. The "Service Center Fuel Tanks" project was initiated back in 2012 with $199,000 as an initial budget amount to begin funding for an unknown amount to have the underground tanks removed and any environmental remediation costs paid for. In 2014 $182,425 of budget was taken from the project and moved to Street CIP as future use of the tanks or possible disposition of the tanks was to be determined in the future. Total costs charged to the project for various study/consulting services was $11,371. Initial budgeting for an Animal Control Center began back in FY 16 - 17 with $650,000 being budgeted at that time. There were some initial Engineering/Architecture costs of $48,750 charged to the project in FY 16 - 17 and $38,456 for metal building materials purchased for the project in FY 16 - 17. Decrease General CIP - FY 20 MLK Center $(20,042) Increase:MLK Center - Series 2020 Certificates of Obligation $20,042 Explanation:The "FY 20 MLK" improvements project was initiated in the FY 19-20 Budget and the budget was $100,000; feasibility and other architect costs totaled to $79,958. The unused budget from this FY 20 MLK Center project is being requested by staff to be moved to the new MLK Center project that was funded from Certificates of Obligation issued in August 2020. Page 18 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Consider authorizing the City Manager to enter into a contract with AG/CM to provide building inspection and plan review services to supplement existing inspection staff levels. Initiating Department/Presenter: Development Services Presenter: Kevin Byal, Director of Development Services Recommended Motion: Move to authorize the City Manager to enter into a contract with AG/CM to provide building inspection and plan review services to supplement existing inspection staff levels. Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: For the past four years there has been a steady increase in construction permits as new subdivisions continue to develop. New homes and commercial permit activity is reflected in the table below. Year over year, there has been anywhere from 31% up to a 72% increase in the volume of new homes. Fiscal Year Residential Permits Valuation Commercial Permits Valuation Total Valuation 2018-2019 147 $11,418,542 127 $54,639,370 $66,057,912 2019-2020 254 $24,762,220 116 $39,376,485 $64,138,705 2020-2021 333 $38,304,576 178 $74,825,714 $113,130,290 2021- to March 31, 2022 247 $34,421,694 57 $28,235,987 $62,657,681 Council has adopted several budgets that include funding to secure the services of contact inspectors to utilize on an as-needed basis. The staff have been able to manage the inspection and plan review workload in house mostly and only utilized the contract service occasionally when inspection demands were extremely high and when we had vacant positions. The most recent contract to provide these inspection services has expired and beginning on March 23, 2022, a solicitation for inspection and plan review service was posted to the City website, the Public Purchasing website, and the Electronic State Business Daily. The solicitation request closed on April 14, 2022, and AG/CM was the only company that submitted a proposal. The new proposal reflects a $1 per stop increase for residential inspections as compared to the previous contract and the per stop cost for commercial inspections is $10 less per stop than the previous contract. Although staff does not anticipate spending over $50,000 on these services, the dollar amount required for Council approval, staff intends to be proactively positioned to have this resource available in the event that circumstances evolve requiring services that will exceed $50,000. Staff recommends Page 19 of 76 awarding the contract to AG/CM. Previous Council Action: None Financial Implications: The item is budgeted. In the amount of $58,000. Approvals: Leonard Schneider Rick Rudometkin Aron Kulhavy Kristy Doll Associated Information: 1.Bid Tab - Bid NO. 22-14 Plan Review and Inspection Services 2.Contract Inspection Services Page 20 of 76 1 Plan Review, Commercial Construction:Greater of 35% of permit fee or $220.00 $$ 2 Plan Review, Residential Construction: Greater of 35% of permit fee or $165.00 $$ 3 Commercial Inspections per stop (All Types):$66.00 $$ 4 Residential Inspections per stop (All Types):$66.00 $$ Discount for Prompt Payment (if applicable): No Discount ______% ______ Days ______% ______ Days AG|CM Bid Tabulation Project Name: Bid NO. 22-14 Plan Review and Inspection Services Location: 1212 Avenue M Huntsville, TX 77340 Date: Thursday, April 14, 2022 Time: 2:00 P.M. Central Time Page 21 of 76 Page 1 of 5 PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION INSPECTION AND PLAN REVIEW SERVICES for CITY OF HUNTSVILLE, TX STATE OF TEXAS § § KNOW BY THESE PRESENTS: COUNTY OF WALKER § This Agreement made this day of , 2022, by and between AG/CM, acting by and through Chris Majors, hereinafter referred to as the "CONTRACTOR," and the City of Huntsville, acting by and through its City Manager, Mr. Aron Kulhavy, hereinafter referred to as the “CITY”, do hereby make and enter into the following Agreement. ARTICLE I CONTRACTOR 1.1 The CONTRACTOR, as an independent contractor, covenants and agrees to perform professional construction code inspections and plan review services related to construction activities as described in Article II, Scope of Services. Such services shall be performed by the CONTRACTOR in strict accordance with the terms of this Agreement and for the consideration stated. Subject to the provisions of Article VI below, CONTRACTOR covenants and agrees to perform the specific services identified in Article II, Scope of Services. 1.2 The CONTRACTOR shall provide its services under this Agreement with the same degree of care, skill, and diligence as is ordinarily provided by a professional contractor under similar circumstances for professional construction code inspections and plan review services to which the Agreement applies. ARTICLE II SCOPE OF SERVICES 2.1 The CONTRACTOR will perform professional construction code inspections and plan review services related to the Invitation For Bid (IFB) No. 22-14, which is attached and made a part of this Agreement. 2.2 Pursuant to this Agreement, the CITY shall have the option to obtain the services of the CONTRACTOR to perform professional construction code inspections and plan review services on an as needed basis. ARTICLE III CONTRACTOR PERSONNEL 3.1 The CONTRACTOR represents that it has or will secure at its own expense, all certified and licensed personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. Page 22 of 76 Page 2 of 5 3.2 The CONTRACTOR may contract with subcontractors for portions of the work or services under this Agreement with the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by a written agreement and shall be subject to the provisions of this Agreement. ARTICLE IV SUPPORT SERVICES 4.1 The CITY agrees to provide the CONTRACTOR with support services before and during the services being provided. Support services will include scheduling all inspection assigned to the CONTRACTOR in our permitting software at least the business day before the inspection service is requested. The contractor will be notified by email and/or phone of the requested service. 4.2 The CONTRACTOR will be provided with City of Huntsville inspection Pass/Fail tags to be left at all addresses inspected. ARTICLE V TIME OF PERFORMANCE 5.1 The CONTRACTOR shall be available to provide services upon execution of this Agreement and receipt of written Notice-to-Proceed from the CITY. 5.2 The CONTRACTOR shall complete all requested inspections within 24 hours of being notified of such inspection services. 5.3 When providing plan review services, the CONTRACTOR shall provide complete plan review comments to the City within 10 business days of receiving the plan set. 5.4 The initial term of this contract shall be effective from the date that this contract is executed by the CITY and the CONTRACTOR and expire on September 31, 2023. An additional one-year term may be executed if agreed to by both the CITY and the CONTRACTOR. ARTICLE VI COMPENSATION TO CONTRACTOR 6.1 Pricing for professional construction code inspections and plan review services shall be in accordance with the “Fee Schedule” on page 24 of the Invitation For Bid (IFB) No. 22-14, which is attached and made a part of this Agreement. 6.2 Each invoice from the CONTRACTOR shall be due and payable by the CITY upon receipt by the CITY. The billing statement, certified true and correct by CONTRACTOR, shall show the total amount due and payable as of the date of the current statement. Page 23 of 76 Page 3 of 5 ARTICLE VII CHANGES OR TERMINATION 7.1 This Agreement may not be altered, changed or amended except by instrument in writing executed by the parties hereto. 7.2 The CITY may, from time to time, request changes in the Scope of Services and/or time of performance for the services of the CONTRACTOR to be performed hereunder. 7.3 This Agreement may be terminated before the termination date stated in Article V, Time of Performance, by any of the following conditions: 7.4 The City may terminate this contract at any time upon thirty (30) calendar days written notice. Upon the Contractor’s receipt of such notice, the Contractor shall cease work immediately. The Contractor shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the Contractor fails to fulfill its obligations under this contract, or if the Contractor violates any part of the agreement of the contract, the City has the right to terminate this contract by giving the Contractor five (5) calendar days written notice. The Contractor will be compensated for the services satisfactorily performed before the termination date. Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the vendor’s name from the bidder’s list for receiving future bids. No terms or provision of the contract shall be construed to relieve the Contractor of liability to the City for damages sustained by the City because of any breach of contract by the Contractor. The City may withhold payments to the Contractor until the exact amount of damages due to the City from the Contractor is determined and paid. City reserves the right to order from another vendor in which an emergency or urgent need becomes necessary. If the City terminates the contract, the City will equitably compensate Contractor in accordance with the provisions of this contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the City. Contractor, will not, however, be entitled to lost or anticipated profits, special damages or consequential damages should the CITY choose to exercise its option to terminate. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be mailed by certified or registered mail addressed as set forth below or at such other address as may be specified by written notice: CITY: Kevin Byal, Director of Development Services City of Huntsville 448 SH 75 North Huntsville, TX 77320 CONTRACTOR: Chris Majors, Project Executive 3220 Wilcrest, Suite 100 Houston, TX 77042 Page 24 of 76 Page 4 of 5 8.2 Assignment. The CONTRACTOR shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the CITY thereto. Provided however, that claims for money by the CONTRACTOR from the CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 8.3 Successors and Assigns. The CITY and the CONTRACTOR each binds itself and its successors, executors, administrators and assigns to the other parties of the Contract and to the successors, executors, administrators and assigns of such other parties, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer, board member, commissioner, employee or agent of any public body, which is a party hereto. 8.4 Survival. Any and all representations and conditions made by the CONTRACTOR under this Agreement are of the essence of this Agreement and shall survive the execution, delivery and termination of it, and all statements contained in any documents required by the CITY, whether delivered at the time of the execution or at a later date, shall constitute representations hereunder. 8.5 Cumulative Remedies. In the event of default by any party herein, all other parties shall have all rights and remedies afforded to it at law or in equity to recover damages and to interpret or enforce the terms of this Agreement. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law or in equity. 8.6 State or Federal Laws. This Agreement is performed in Huntsville, Texas, and is subject to all applicable federal and state laws, statutes, codes, any and applicable permits, ordinances, rules, orders, and regulations of any local, state, or federal government authority having or asserting jurisdiction. 8.7 Equal Employment Opportunity. In the performance of this Agreement, the CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity Employer. 8.8 Multiple Originals. Two (2) copies of this Agreement are executed; each shall be deemed an original. * * * * * * * * * * * * * * The parties have executed this Agreement in duplicate originals. This day of , 2022. FOR CITY OF HUNTSVILLE: FOR Contractor: Page 25 of 76 Page 5 of 5 By: By: Aron Kulhavy Chris Majors City Manager Project Executive ATTEST: ________________________ Page 26 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: SECOND READING: Consider adoption of Ordinance 2022-14, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation, Article III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members from seven (7) to nine (9). Initiating Department/Presenter: City Council Presenter: Deandra (Dee) Mullins, Councilmember Recommended Motion: Move to adopt Ordinance 2022-14, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation, Article III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members from seven (7) to nine (9). Second Reading. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: The Airport Advisory Board was created with the adoption of Ordinance No. 2021-32. The Huntsville Code of Ordinances states that the Airport Advisory Board will consist of seven (7) members. Councilmember Howard-Mullins has requested to place an item on the agenda to consider increasing the number of members to nine (9). The additional positions are recommended to be filled by a representative form the County and the business community (Chamber of Commerce). Should the Council adopt the ordinance to increase the number of members on the committee, nominations and consideration of applicants will be placed on a future agenda consistent with other board appointments. Previous Council Action: The first reading of this ordinance took place at the April 19, 2022 Council meeting. Council adopted Ordinance 2021-32 on October 19, 2021, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation, to add Article III, Airport Advisory Board, to create an Airport Advisory Board. Financial Implications: There is no financial impact associated with this item. Approvals: Rick Rudometkin Kristy Doll Associated Information: 1.Amending Ordinance 2022-14 2.Exhibit A - Ordinance amending board number Page 27 of 76 3.Request from CM Howard-Mullins to expand board Page 28 of 76 ORDINANCE NO. 2022-14 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS AMENDING THE CODE OF ORDINANCES; CHAPTER 10, “AVIATION”, ARTICLE III, AIRPORT ADVISORY BOARD, SEC. 10-40 (a), INCREASING THE BOARD TO NINE (9) MEMBERS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PROPER NOTICE AND OPEN MEETINGS WHEREAS, the City of Huntsville (“City”) is a Texas home-rule municipality; and WHEREAS, pursuant to Texas Local Government Code, Section 51.001, the City has the authority to adopt ordinances and regulations that are for good government, peace and order of the City; and WHEREAS, the City of Huntsville, Texas owns the Bruce Brother’s Huntsville Regional Airport; and WHEREAS, the City Council supports the growth and development of the aviation industry in Huntsville; and WHEREAS, this ordinance amends Chapter 10, “Aviation” of the Code of Ordinance, Article III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members from seven (7) to nine (9); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 10 “Aviation”, Article III, Section 10-40 (a) is hereby amended, increasing the number of board members from seven (7) to nine (9) as shown in the attached Exhibit “A” which is incorporated herein for all purposes. SECTION 3:All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4:Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. Page 29 of 76 SECTION 5: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS ____ DAY OF __________________ 2022. CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: ___________________________________ Kristy Doll, City Secretary APPROVED AS TO FORM: ___________________________________ Leonard Schneider, City Attorney Page 30 of 76 Exhibit A CHAPTER 10-AVIATION ARTICLE III. AIRPORT ADVISORY BOARD Sec. 10-40. - Created; composition; qualifications; compensation; maximum term of members. (a)There is hereby created and established an Airport Advisory Board, an advisory board, to be composed of seven nine (9) members. Page 31 of 76 4/1/2022 City of Huntsville, Texas Mail - Re: Airport Board https://mail.google.com/mail/u/0/?ik=1aca9afddd&view=pt&search=all&permthid=thread-f%3A1728927663057071543%7Cmsg-a%3Ar108389555073…1/1 Aron Kulhavy <akulhavy@huntsvilletx.gov> Re: Airport Board 1 message Aron Kulhavy <akulhavy@huntsvilletx.gov>Fri, Apr 1, 2022 at 2:37 PM To: Dee Howard <dhoward@huntsvilletx.gov> Cc: Andy Brauninger <abrauninger@huntsvilletx.gov> An amending ordinance to increase the membership will be on the second meeting in April for a first reading. AK Aron Kulhavy, AICP City Manager 1212 Avenue M 936-291-5401 On Fri, Apr 1, 2022 at 2:12 PM Dee Howard <dhoward@huntsvilletx.gov> wrote: Write it up and I will sponsor. Sent from my iPhone Dee Howard Mullins > On Apr 1, 2022, at 1:39 PM, Aron Kulhavy <akulhavy@huntsvilletx.gov> wrote: > Page 32 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Consider approving a Conditional Use Permit Application for the expansion of a Commercial Vehicle Maintenance Shop to be developed on property located at 315 SH 75. Initiating Department/Presenter: Development Services Presenter: Charles Young, Planner Recommended Motion: Move to approve Conditional Use Permit Application 01-2022, allowing for the expansion of a Commercial Vehicle Maintenance Shop to be developed on property located at 315 SH 75, in accordance with the conditions of the draft letter of approval as recommended by the Planning Commission. Strategic Initiative: Goal #3, Economic Development – Promote and enhance a strong and diverse economy. Discussion: On March 17, 2022, following a public hearing, the Planning Commission voted unanimously to recommend approval of Conditional Use Permit 01-2022 as detailed in the attached DRAFT Letter of Conditional Approval. This document places conditions on the development to mitigate possible nuisance effects of the development on surrounding properties. The applicant has agreed to the conditions recommended by the Planning Commission. The development will also be subject to all applicable provisions of the Development Code, Engineering design criteria and all other building codes. During the public hearing portion of the Planning Commission meeting, no one spoke in favor of or in opposition of the project. Staff did receive two phone calls prior to the meeting inquiring about the proposed project. Previous Council Action: None Financial Implications: There is no financial impact associated with this item. Approvals: Kevin Byal Kristy Doll Associated Information: 1.CUP Application 01-2022 2.Draft CUP 01-2022_Conditions Letter 3.315 SH 75 Vicinity Map 4.CUP 01-2022 Discussion Form Page 33 of 76 Page 34 of 76 Page 35 of 76 Page 36 of 76 448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and well planned with great opportunity for our citizens. Huntsville March 17, 2022 David L. Sims 309 SH 75 N Huntsville, TX 77320 Re: CUP Application, Vehicle Maintenance Shop, 309 SH 75 N Dear Mr. Sims, In observation of the requirements of the City Development Code, the City of Huntsville City Council consideration of Conditional Use Permit 01-2022 is subject to the following conditions: 1. A vegetative buffer shall be installed around the outer perimeter of the development to provide a sound buffer and visually screen it from other properties and/or public rights- of-way adjacent to residential properties. The vegetative buffer shall be a minimum of six (6) feet high and must be maintained in perpetuity. Fencing may also be incorporated to achieve the desired buffer. The fence must be constructed of wood, brick, split-face block, or any combination of these or similar materials that create an effective sound/visual screen. 2. Incorporated into the required sound/visual buffer on the perimeter of the development, tree planting shall be as follows: a. A minimum of one (1) 15-gallon tree shall be planted at a maximum spacing of twenty (20)-foot intervals within five (5) feet of the required property line. b. Variations in the tree planting requirements in setback areas may be permitted in effective use with existing trees and vegetation to provide an adequate landscaped buffer between the development and adjoining ROWs with residential homes. 3. Landscape Maintenance/Terms. All plants and trees shall be maintained in a healthy and thriving condition. Initially, it shall be the responsibility of the developer to maintain (water and weed) all landscaping until such time as the property is occupied by reason of lease or purchase, at which time the responsibility for such maintenance shall be transferred to the new property owner. All landscaping and irrigation shall be located on the subject property. Landscaping installed for the purpose of screening the facility may not be located in the public Right-of-Way. 4. All public/private utility, electric, gas, cable television and telephone lines shall be installed underground. C I T Y O F Incorporated in 1845 under the Republic of Texas Page 37 of 76 448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and well planned with great opportunity for our citizens. 5. Photometric Lighting Plan. Any site lighting used on the property shall be shielded and/or directed away from adjacent properties. Security lighting shall not infringe on adjacent properties. Use of lowest wattage and highest energy efficiency fixture available is required. Photometric light plan shall be submitted to and approved by the City Building Official. 6. Hours of operation shall coincide with those of Huntsville Discount Tires. 7. Compliance with all other applicable provisions of the City of Huntsville Development Code shall be implemented as part of this development. Please make note of the following excerpt from the Development Code, Section 12.809 Lapse of Approval. 12.809.A An approved conditional use application will lapse and have no further effect 18 months after it is approved by the City Council, unless: 1. A building permit has been issued (if required); 2. A certificate of occupancy has been issued; or 3. The conditional use has been lawfully established. 12.809.B The City Council is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to one year each. Requests for extensions must be submitted to the City Planner and forwarded to the City Council for a final decision. 12.809.C A conditional use also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the conditional use approval. If we may be of further service to you, please do not hesitate to contact us at 936-294-5782. Respectfully, Armon Irones Page 38 of 76 CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 3/9/2022 Subject Property Vicinity MapHuntsville GIS Division 1 in = 200 ft 0 0.035 0.070.0175 mi On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: City of Huntsville GIS Division The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis Page 39 of 76 1 PLANNING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Charles Young, Planner Armon Irones, City Planner MEETING DATE: March 17, 2022 SUBJECT: Proposed Development of a Vehicle Maintenance Shop TYPE OF REVIEW: Conditional Use Permit Applicant: David L. Sims LOCATION: 309 SH 75 N FACTS, CODE REQUIREMENTS AND CONDITIONS With the adoption of the updated Development Code, effective date of August 31, 2015, additional measures were placed in the code to protect the character and growth of the City from potential nuisance land uses at the request of the Planning Commission and City Council. The Development Code states that certain nuisance uses may be made appropriate through the additional scrutiny of a Conditional Use Permit (CUP). The applicant, David L. Sims, is proposing to develop a Vehicle Maintenance Shop on property located at 309 SH 75 N. The subject property is approximately 0.45 acres in size and is located in the Management (M) District The subject property is currently being used for parking/vehicle storage. The vehicle maintenance shop will be an expansion of the existing business, Huntsville Discount Tire, on the neighboring lot. Commercial properties are located to the North, South, and East of the subject property and residential is located to the West. Water and sanitary sewer service are available for the proposed development. A Neighborhood Conservation (NC) District is located within 200’ (feet) of the subject property. In the Huntsville Comprehensive Plan 2040 that was recently adopted by City Council there are three (3) goals listed under Land Use and Development Goals. Goal LUD 1: A land use allocation and pattern that supports Huntsville’s key focuses of increasing quality housing supply, economic development opportunities, and quality of life, while maintaining its “small town” and semi-rural feel. Goal LUD 2: Revitalized high-profile corridors and continued focus on downtown, providing increased retail and entertainment options within the city. Goal LUD 3: Focused growth within the city, promoting fiscal sustainability Page 40 of 76 2 State Highway 75 N has become an area lined with retail and commercial uses. To date, the City has not received any calls or emails from property owners that are within 300’ of the proposed development. The attached Letter of Conditional Approval provides draft conditions that would serve to mitigate possible nuisance effects of the development on surrounding properties. These conditions are intended to address noise, intrusive lighting, maintenance, visual clutter, and parking concerns, etc. CUP Process The requirements for the review and approval of a Conditional Use Permit are defined in Article 10: Development Review and Approval Procedures, Section 12.800 Conditional Uses, Development Code, effective date of August 31, 2015. Simply stated the procedure for a Conditional Use Permit is as follows: Planning staff review application and prepare report and staff recommendation for the Planning Commission prior to the public hearing on the conditional use permit application. Planning Commission must hold a public hearing on the proposed conditional use. Commission must then act, by simple majority vote, to recommend approval, approval with conditions, or denial of the request and convey its recommendation to City Council. Final action on the conditional use permit is by City Council after receiving the Planning Commission recommendation on the matter. City Council must hold a public hearing and then act to approve, approve the proposed amendment with conditions, or deny the proposed conditional use. City Council may also remand the proposed conditional use application to the Planning Commission for further consideration. The conditional use permit application may be approved by simple majority. There are additional provisions for lapses in, transferability of, and amendments to approved Conditional Use Permits in the code. Please refer to Section 12.800 of the Development Code for additional details. In reviewing an application for a CUP, Section 12.808 of the Development Code states the following: No conditional use may be recommended for approval or approved unless the respective review or decision-making body determines that evidence has been submitted to support each of the following conclusions: •That the proposed use is consistent with the Comprehensive Plan. •That adequate utilities, roads, drainage and other necessary infrastructure facilities and public services are or will be available to serve proposed use; and Page 41 of 76 3 •That the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity. STAFF RECOMMENDATION State Highway 75 N is one of the primary corridors leading into and through the city. The subject site is positioned in an established area on SH 75 N where commercial and retail uses are prominent. Staff finds that the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity greater than any other use allowed by right in the Management Development District. Possible injurious effects on surrounding property value may be mitigated by the conditions of approval included in the draft Letter of Conditional Approval because the proposed conditions would provide sufficient improvements and buffering to create a safe and attractive environment for continued development of the SH 75 N corridor. Due to this, staff recommends approval of the Conditional Use Permit, with the conditions outlined in the Letter of Conditional Approval. ATTACHMENTS o Application o Vicinity map by staff o Attached Letter of Conditional Approval Page 42 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: FIRST READING: Consider authorizing the City Manager to enter into an agreement with Lockwood, Andrews & Newnam, Inc. for professional engineering services for the FY 21-22 McGary Creek Lift Station Expansion Project. Initiating Department/Presenter: Engineering Presenter: Kathlie Jeng-Bulloch, City Engineer Recommended Motion: No action required, first reading. Should the Council wish to waive the second reading, the appropriate motion would be: Move to waive the requirement for reading at two separate meetings and to authorize the City Manager to enter into an agreement with Lockwood, Andrews & Newnam, Inc. for professional engineering services for the FY 21-22 McGary Creek Lift Station Expansion Project in the estimated amount of $418,480.00. Strategic Initiative: Goal #4, Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: The existing McGary Creek Lift Station is to be expanded and improved based on the 2016 Water and Wastewater Condition and Capacity Assessment Study. The initial sizing will be an expansion from 2.95 MGD to 4.75 MGD, pumping capacity. Most, if not all, of the existing facilities have reached their useful life and will most likely need to be replaced. There are five (5) proposed private developments in the McGary Creek Lift Station sewershed at this time. Without this Lift Station expansion, the city would not have enough capacity to provide services for them. The five (5) proposed developments are listed below: 1) Magnolia Farms – 246 Residential Lots 2) Westin Meadows – 216 Residential Lots 3) Hunters Creek – 350 Residential Lots 4) Heritage Trails – 200 Residential Lots 5) The Grove of Huntsville (Reserves of Huntsville PID 1) – 145 Residential Lots A Request for Qualification (RFQ) process was conducted, and twenty-seven (27) applications from engineering firms were received. The Evaluation Committee consisted of five (5) staff members from three (3) departments. As a result of this process, the top four (4) engineering companies were selected to design four (4) separate projects. Two (2) projects are funded through ARP funding and two (2) through traditional CIP bond funding. This agenda item refers to the City Council approved CIP FY21-22 McGary Creek Lift Station Expansion Project ID # 22-10-24: a) Preliminary Design – Including Sewershed Modeling b) Design Services – including engineering design, technical specification, quality control, and TCEQ notification. c) Bidding Services Page 43 of 76 d) Additional Service – including Topographic Survey, Geotechnical report, Subsurface Utility Engineering Investigation. e) Construction Phase Services, and Project Management Service – including As-built drawings, TCEQ completion notification, Lift Station startup. Lockwood, Andrews & Newnam, (LAN) Inc, Houston, Texas, who ranked the second highest based on the application and oral presentation to the committee members, ARP Grant Manager and Purchasing Agent, was recommended to design this Lift Station project ID #22-10-24. Upon the City’s request, LAN Engineering met with the City staff (Engineering and Public Works Department) to discuss the McGary Creek Lift Station Expansion and improvement project design proposal in more detail. After the Scope of Work meeting, LAN provided their fee proposal. A copy of scope, fee proposal and associated attachments received from LAN are attached to this agenda item. The total fee proposed by LAN for Basic Engineering Services is $393,180.00 and the Additional Services is $25,300.00 for a total of $418,480.00. The completion of the design phase is estimated to be March 2023, and construction should be completed in September 2024. Previous Council Action: The City Council approved a total amount of $2,800,000.00 in the FY 2021- 2022 budget for developing the McGary Creek Lift Station Expansion to construct the projects. Financial Implications: Item is budgeted: In the amount of $2,800,000.00 Approvals: Kathlie Jeng-Bulloch Steve Ritter Rick Rudometkin Aron Kulhavy Kristy Doll Associated Information: 1.City of Huntsville McGary Creek LS ENGR Proposal_20220425_w-attachments Page 44 of 76 100 IH-45 North, Suite 450 • Conroe, Texas 77301 • 936.703.1000 • Fax: 936.703.1005 • www.lan-inc.com April 25, 2022 Dr. Kathlie S. Jeng-Bulloch PE D., WRE, CFM City Engineer City of Huntsville City Service Center 448 State Hwy. 75 North Huntsville, TX 77320 Reference: McGary Creek Lift Station Expansion & Improvements Project Scope and Design Fee City of Huntsville, Texas Kathlie: Lockwood, Andrews, & Newnam, Inc. (LAN) is pleased to submit the McGary Creek Lift Station (McGary Creek) Expansion and improvements project design proposal to the City of Huntsville (City). The scope and fees include preliminary engineering, final design, bidding, and construction phase services, necessary to facilitate proposed McGary Creek project. It also includes the limited modeling of the McGary Creek sewershed. The proposed lift station will replace and expand the existing, which must remain in service until the new lift station is online. The following proposal documents are attached: • Exhibit A Scope of Work • Exhibit B Lump Sum Cost Breakdown • Exhibit C Estimated Project Schedule • Exhibit D Budgetary Project Cost Estimate LAN understands that this is an important project for the City and that the project schedule is critical. LAN will work closely with the City to ensure both the project objectives and schedule are achieved. If you have any questions or need any additional information, please contact me at 713-821-0476 or at WESchlafer@lan-inc.com. We look forward to working with the City on this project. Sincerely, William E. (Bill) Schlafer, P.E. Melissa C. Mack, P.E. Senior Project Manager Vice President, Principal Attachments cc: Brent Sherrod, PE Kimberly Kembro Mark McClure, PE Page 45 of 76 Exhibit A Page 1 of 8 April 2022 McGary Creek Lift Station Replacement & Expansion Scope of Work April 2022 This scope of work outlines the professional engineering tasks to be performed by Lockwood, Andrews, & Newnam, Inc. (LAN), in association with the preliminary engineering, final design, bidding, and construction services, necessary to facilitate replacement and expansion of the City of Huntsville’s (City) existing McGary Creek Lift Station (McGary LS). The McGary LS will be sized to convey flows based on the 2016 Water and Wastewater Condition and Capacity Assessment Study and more current system modeling as provided by the City. The initial sizing will be an expansion from 2.95 MGD to 4.75 MGD, firm pumping capacity. LAN will identify scope impacts if the firm capacity is required to increase. The LAN is committed to utilizing qualified sub-consultants as required to accomplish the proposed replacement project. Once formally authorized by the City, the LAN anticipates contracting with sub-consultants, as required, to perform recommended additional services outlined herein, including topographic survey, a geotechnical site investigation, and subsurface utility engineering (SUE). Basic services to be completed for each project phase are outlined below. BASIC SERVICES TASKS Task 1.0 – Preliminary Design Services: LAN’s preliminary design efforts shall include the following activities and is based on the assumptions as stated, where applicable: Task 1.1 Document Review: Review McGary LS historical documents, property documents and other available documents to identify existing conditions, property status, and current/projected flows for the facility. Obtain and review McGary LS operational data from the City. Task 1.2 Kick-off Meeting: Attend a project kick-off meeting with the City. Review findings and recommendations of aforementioned documentation, and discuss key design decisions, desired operational features, any additional items to be examined and/or considered as part of the McGary LS project and obtain guidance to develop the project basis of design. Task 1.3 Design Concept Review: 1. Conduct an internal design concept review (DCR) meeting that allows senior technical staff to share ideas to meet/exceed project objectives, verify fulfillment of project requirements and mitigate potential project risks. Page 46 of 76 Exhibit A Page 2 of 8 April 2022 2. Facilitate a design concept review meeting with the City to discuss information identified during the internal DCR and solicit the City’s input to guide the project direction. Task 1.4 Basis of Design: Prepare the project Basis of Design using the information and input identified during Tasks 1 – 3. The Basis of Design will identify the required design parameters and will be provided to the City for review and concurrence. It will include the following: ➢ Site access ➢ Lift station type ➢ Variable frequency drives (VFD’s) ➢ Odor control ➢ Total capacity ➢ Phasing, as applicable (proposed new and future lift station pumps) ➢ Recommended type of construction ➢ Acceptable pump manufacturers ➢ Power and service requirements ➢ Emergency generator requirements ➢ SCADA Task 1.5 Risk Assessment: Perform a project risk assessment to identify potential risks and develop mitigation strategies to address the risks. Task 1.6 Risk Assessment Workshop: Conduct a risk assessment workshop with the City to ensure appropriate risks are included and mitigation strategies are consistent with the City’s desires. Task 1.7 Lift Station Hydraulic Evaluation: Perform an evaluation of the existing McGary LS, including hydraulics associated with the force main to identify potential issues with the expanded flow. Task 1.8 Sewershed Modeling: Perform an update to the City’s existing wastewater model for the McGary Creek lift station sewershed (RC-05 based on 2016 Water and Wastewater Condition and Capacity Assessment Studies) utilizing Bentley’s SewerGEMs. This update will include the following: ➢ Coordinate with FNI on questions regarding the existing wastewater model ➢ Review and update City’s GIS to incorporate existing infrastructure within RC-05 sewershed since the 2016 Studies ➢ Update existing wastewater flows since the 2016 Studies based on per capita flow of 103 gpcd ➢ Meet with City to discuss future development within RC-05 sewershed ➢ Update average and peak wastewater flows for 2026 and 2041 planning periods to incorporate future development ➢ Incorporate Projects 21 and 23 as noted in the 2016 Studies ➢ Perform modeling and provide recommendations on the McGary Creek Lift Station expansion sizing ➢ Meet with City to discuss modeling results and recommendations ➢ Assumptions: Utilize the 5-year, 6-hour design storm peak flows and utilize a wet weather peaking factor of 4.0 Task 1.9 Design Alternatives: Develop design alternatives to accomplish the project objectives/requirements and that incorporate the identified risk mitigation strategies. Page 47 of 76 Exhibit A Page 3 of 8 April 2022 Task 1.10 Design Alternatives Meeting: Meet with the City to present the design alternatives, receive City input, identify City preferences, and verify alternatives that will be further evaluated. Task 1.11 Draft Preliminary Engineering Report: Prepare Draft Preliminary Engineering Report (PER) that includes the following: ➢ Existing site description, property boundaries, easements, gravity sewers, and force main locations. ➢ General site location map, identifying property, nearby roadways, developments, schools, and/or parks. ➢ Existing site plan showing the location of facilities, infrastructure, roads, fencing, etc. ➢ Operational data summary ➢ Lift Station hydraulics evaluation and sewershed modeling efforts summary, including all assumptions. ➢ Description of potential expansion and improvement alternatives ➢ Description of alternative evaluation procedures ➢ Description of alternatives evaluation results ➢ Description of the basis of design for proposed expansion and improvements ➢ Preliminary design drawings and exhibits of proposed expansion and improvements. ➢ Preliminary opinion of probable construction cost (OPCC) for recommended alternative. Task 1.12 Quality Control (QC): Conduct internal Quality Control (QC) Draft PER review document prior to submission to City. Task 1.13 Draft PER Submittal: Submit Draft PER to City (four bound copies and an electronic copy). Task 1.14 Draft PER Review Meeting: Meet with City following completion/submittal of Draft PER review to document City comments and discuss/resolve any outstanding questions/issues. Task 1.15 Draft PER Revision: Revise Draft PER document, as required, based on City’s review comments and/or review meeting discussions. Task 1.16 Final PER Submittal: Submit Final PER to City (four bound copies and one electronic copy). Task 2.0 – Final Design Services: LAN’s final design efforts shall include the following activities and is based on the assumptions as stated, where applicable: Task 2.1 Final Design Kick-off Meeting: Attend final design kick-off meeting with City. Task 2.2 Detailed Engineering Design: Complete detailed engineering design, including work associated with all general, civil, process/mechanical, structural, electrical, instrumentation, and control components, based on recommendations documented in Final PER prepared by LAN and approved by City under Task 1.0. Task 2.3 Construction Drawings: Prepare applicable construction drawings, including drawings, sections, and details, for all design disciplines using electronic (CAD) software (see Task 2.8 Interim Design Submittals). Page 48 of 76 Exhibit A Page 4 of 8 April 2022 Task 2.4 Technical Specifications: Prepare applicable technical specifications (Divisions 1 - 16) and technical data sheets (Division 11 only) using LAN-standard technical specification documents for all design disciplines (see Task 2.8 Interim Design Submittals). Task 2.5 Front End Specifications: Prepare contract documents (Division 0, including Bid Form) using City-provided standard contract documentation (see Task 2.8 Interim Design Submittals). NOTE: City to provide Division 0 Specifications related to the bidding for revisions in coordination with Legal. Task 2.6 Opinion of Probable Construction Cost: Prepare opinion of probable construction cost (OPCC) for all design disciplines. Task 2.7 Quality Control: Conduct internal Quality Control (QC) review of all interim design submittal documentation (60%, 90%, 100% and bid-ready) prior to submission to City. Task 2.8 Interim Design Submittals: Submit interim design documentation, identified below, for City review and comment at the following milestones: ➢ 60% - preliminary construction drawings for all disciplines, technical specification table of contents, and OPCC (provide four of each of the following: full-size [22” x 34”] drawing sets, specification list, and the OPCC; and one electronic copy of all documents). ➢ 90% - construction drawings, technical specifications, for all disciplines, preliminary front end specifications, OPCC (provide four of each of the following: full-size [22” x 34”] drawing sets, the specifications, and the OPCC; and one electronic copy of all documents). ➢ 100% - construction drawings, the technical specifications, preliminary front end specifications, the OPCC (provide four of each of the following: full-size [22” x 34”] drawing sets, the specifications, the OPCC; and one electronic copy of all documents). Task 2.9 Cross-discipline Review: Complete cross-discipline drawing and technical specification reviews to verify project coordination and constructability at 60%, 90% and 100% submittals. Task 2.10 Design Review Workshops: Conduct design review workshops with City after the City’s initial review of interim design submittals (60% and 90%). The City will be provided submittal documents one week before the workshop and comments are to be finalized one week after the workshop. Task 2.11 Final Design Submittal (100%): Prepare and submit final construction drawings and specifications, after incorporating all applicable 90% design submittal City and QC review comments, to facilitate project advertisement and bidding. Task 2.12: Prepare and submit to TCEQ “Project Summary Letter” for proposed lift station improvements design, in accordance with TCEQ Chapter 217 criteria (§217.9). Task 3.0 – Bid Phase Services: LAN’s bid phase support services shall include the following activities and is based on the assumptions as stated, where applicable: Task 3.1 Bid-ready Submittal: Produce electronic (PDF) “Issued for Bid” construction documents (single file) to facilitate City solicitation of bids for construction of the McGary LS project (assume that City will be responsible for project advertisement, all hard copy drawings and specifications, “Issued for Bid” document distribution to prospective bidders and/or other plan holders, including plan rooms, and for maintaining current plan holder list). Page 49 of 76 Exhibit A Page 5 of 8 April 2022 Task 3.2 Pre-bid Meeting: Attend and participate in pre-bid meeting with City and prospective bidders (assume City will be responsible for documenting and distributing pre-bid meeting attendance list to all plan holders). Task 3.3 Bid Questions/Addendum: Review questions submitted by prospective bidders and develop addenda documentation, including responses, clarifications and/or modifications to the construction drawings and/or technical specifications, as deemed necessary to address questions, prior to question submittal deadline (assumes City will be responsible for distribution of all addenda documentation in electronic (PDF) format to all plan holders). Task 3.4 Bid Opening: Attend bid opening. Task 3.5 Bid Review and Tabulation: Review bids, prepare bid tabulation, evaluate the qualifications of the apparent successful bidder, and provide formalized award recommendation letter to City. Task 4.0 – Construction Phase Services: LAN’s construction efforts shall include the following activities and is based on the assumptions as stated, where applicable, and does not include construction administration or inspection: Task 4.1 Construction Documents: Prepare conformed “Issued for Construction” documents that incorporate all addenda and executed contract documents and submit to successful general contractor to facilitate project construction (provide five full-size set of construction drawings and five project manuals and one electronic copy of each). LAN will coordinate with the Contractor and obtain City signatures for the construction documents. Task 4.2 Pre-construction Meeting: Prepare the pre-construction meeting agenda and conduct this meeting that will include City staff and the general contractor. Task 4.3 Submittals: Review general contractor submittals delivered to LAN for compliance and conformance with the contract documents (assume review of a maximum of 30 submittals, including re-submittal documents). Post formal written review responses in PDF format via designated project on-line site. Maintain submittal log, including current record of the submittals delivered and the status of the review of those submittals. Task 4.4 Requests for Information: Review general contractor requests for information (RFI) (assume review of a maximum of 15 RFIs). Examine and evaluate the FRI issue(s) and prepare a response that provides contract document interpretation. Inform City of RFI, the LAN’s response and recommended general contractor action, if applicable. Post formal RFI responses in PDF format via designated project on-line site. Maintain RFI log, including current record of the RFIs received and the status of the response to those RFI. Task 4.5 Change Order Requests: Review general contractor change order requests (assume review of a maximum of five change orders). Examine and evaluate the proposed change order item(s) and costs and prepare a response that provides contract document interpretation and comments on the cost items. Inform City of change order request, LAN’s proposed response, including recommended change order acceptance or rejection (assumes City is responsible for formally processing all accepted change orders). Post formal change order responses in PDF format via designated project on-line site. Maintain change order log, including current record of the change orders received, their status and cost of all accepted change orders. Task 4.6 Contractor Payment Applications: Review monthly general contractor payment applications following review by City’s designated onsite representative responsible for day-to-day construction observation (assume review of a maximum of 15 applications for Page 50 of 76 Exhibit A Page 6 of 8 April 2022 payment). Provide comments, if applicable, and/or recommendation of payment by City for items completed (assume City will be responsible for formally processing all approved applications for payment). Task 4.7 Construction Progress Meetings: Attend monthly construction progress meetings (assume a maximum of 15 construction progress meetings with a maximum of two LAN representatives attending). Task 4.8 Lift Station Startup: Assist City plant operations staff in lift station startup (assumes attendance by two LAN representatives). Task 4.9 Substantial Completion Walk-through: Attend substantial completion walk-through with City and general contractor (assumes attendance by maximum of two LAN representatives). Task 4.10 Substantial Completion Punchlist: Prepare comprehensive action items punch list based on issues identified during the substantial completion walk-through to be completed by the general contractor. Distribute PDF punch list to City and general contractor. Task 4.11 Final Completion Walk-through: Attend final completion walk-through and verify all punch list items have been addressed by construction contractor (assumes attendance by maximum of two LAN representatives). Task 4.12 Final Payment Recommendation: Confirm all items required by the contract as a condition of final payment issuance, including operation and maintenance manuals and as-built drawing markups, have been provided by general contractor. Recommend final payment processing by City. Task 4.13 As-built Construction Drawings: Prepare as-built construction drawings using electronic redline drawings provided by the general contractor on a monthly basis. Submit as-built drawings to City (provide one full-size drawing set and electronic (PDF) file of all drawings). Task 4.14 TCEQ Completion Notification: Prepare and submit project “Completion Notification” to TCEQ in accordance with prevailing Chapter 217 criteria (§217.13). Task 5.0 – Project Management Services: LAN’s project management efforts shall include the following activities and is based on the assumptions as stated, where applicable: Task 5.1 Work Plan: Develop a project specific work plan that includes objectives, delivery requirements, key decision points, budget, and schedule to guide project production efforts. Task 5.2 Project Status Reports: Provide City with monthly project status reports (via email). Task 5.3 Project Design Meetings/Workshops: Schedule all required meetings with City, develop meeting agendas, attend and guide meeting discussions, prepare meeting summaries, and distribute electronic (PDF) summaries to all parties in attendance. Task 5.4 City Review Comments: Document City review comments received for Draft PER, 60%, and 90% submittals and LAN’s responses or action for each comment. Task 5.5 Quality Assurance: Perform deliverable document checks (PER, 60%, 90%, 100%, and bid-ready) to confirm City review comments and/or requested action items have been addressed. Page 51 of 76 Exhibit A Page 7 of 8 April 2022 RECOMMENDED ADDITIONAL SERVICES Topographic Surveying: If the City is unable to provide surveying services, LAN proposes to contract with a qualified sub-consultant to perform the professional surveying services necessary to facilitate the design of the proposed lift station replacement/expansion. Anticipated information to be collected includes existing ground elevations, existing utility locations, etc. Note: Fee proposal value represents estimated allowance for completion of surveying services; actual fee will be negotiated and performed on a lump sum basis. Geotechnical Site Investigation: LAN proposes to contract with a qualified sub-consultant to perform the professional geotechnical sub-consultant to provide lift station construction recommendations to facilitate the proposed lift station replace design and installation. The geotechnical report will include a description of existing soil conditions and recommendations related to structural design, including foundation design, and lift station installation. Note: Fee proposal value represents estimated allowance for completion of geotechnical services; actual fee will be negotiated and performed on a lump sum basis. Subsurface Utility Engineering: If necessary, LAN proposes to contract with a qualified sub-consultant to perform the subsurface utility engineering (SUE) to identify subsurface utility information to facilitate the design of the proposed lift station replacement/expansion and the gravity sewers and force mains on the site as identified and approved by the City. Note: Fee proposal value represents estimated allowance for completion of SUE; actual fee will be negotiated and performed on a lump sum basis. REIMBURSABLE EXPENSES LAN shall seek City reimbursement for the project-related expenses outlined herein. • Mileage • Reproduction • Shipping ITEMS NOT INCLUDED IN SCOPE OF WORK LAN shall consider the following items to be outside of the scope of work for the basic services tasks, as outlined herein, to be performed by the LAN in conjunction with the completion of the McGary LS Replacement and Expansion Project. LAN’s completion of all or a portion of the services outlined below shall require detailed scope development, the provision of additional fee, and formal, written authorization by the City. • Boundary survey and easement preparation • Flow monitoring (I/I evaluation and identification) • Construction administration and inspection • Environmental and/or archeological site investigation and/or permitting • Remediation of any hazardous materials uncovered on the site • Services for other agency or local permits not identified above (i.e., TxDOT, railroad, Americans with Disabilities Act (ADA), building permits, etc.) • Payment of any application or permitting fees Page 52 of 76 Exhibit A Page 8 of 8 April 2022 • Field surveys including platting, boundary surveys, construction staking, etc. • Hydrologic and/or floodplain studies related to the site • Landscaping design • Offsite utilities or infrastructure design, not identified in the contract scope • Architectural design • Performance of materials testing or specialty testing services • Services related to development of City’s project financing and/or budget • Attendance at public meetings • Services related to disputes over pre-qualification, bid protests, bid rejection, and re-bidding of the contract for construction • Services necessary due to the default of the general contactor • Services related to damages caused by fire, flood, earthquake, or other acts of God • Services related to warranty claims, enforcement, and inspection after final completion • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by City • Services related to any significant deviations and/or additions to anticipated detailed design scope (identified under Task 2.0) • Services related to production, bidding, and construction administration of multiple design packages to accomplish project construction (in lieu of single construction package) • Miscellaneous/supplemental services requested by City not specified herein. (End Scope of Work) Page 53 of 76 Exhibit B City of Huntsville McGary Creek Lift Station Replacement and Expansion Project Lump Sum Cost Breakdown April 2022 Task No.Basic Services Task Description Total Hours Project Principal Senior Technical Advisor Project Manager Senior Engineer (Process) Staff Engineer (Process) Lead Engineer (Modeling) Staff Engineer (Modeling) Senior Engineer (Structural) Staff Engineer (Structural) Senior Engineer (Electrical) Staff Engineer (Electrical) Process Designer / Drafter FAC Designer / Drafter Admin Assistant Modeling Sub-total Total Cost $ 328.00 $ 350.00 $ 264.00 $ 278.00 $ 167.00 $ 228.00 $ 177.00 $ 299.00 $ 197.00 $ 281.00 $ 236.00 $ 169.00 $141.00 $ 165.00 1.1 Document Review 14 4 8 2 3,210$ 1.2 Kick-off Meeting 16 4 4 4 4 4,880$ 1.3 Design Concept Review 40 4 8 8 8 4 4 4 10,850$ 1.4 Basis of Design 24 2 2 4 8 4 4 5,410$ 1.5 Risk Assessment 12 2 2 2 2 2 2 3,310$ 1.6 Risk Assessment Workshop 16 4 4 4 4 4,880$ 1.7 Hydraulic Evaluation 12 4 8 2,450$ 1.8 Sewershed Modeling 0 30,230$ Coordinate with FNI 8 2 2 4 1,820$ Review and update GIS 10 2 8 1,880$ Update existing wastewater flows 14 2 4 8 2,860$ Meet with City to discuss future development 8 4 4 1,970$ Update future wastewater flows for 2026 and 2041 26 2 4 4 16 5,460$ Incorporate Projects 21 and 23 6 2 4 1,170$ Modeling & McGary Creek Lift Station Expansion Sizing 62 2 4 16 40 12,440$ Meet with City to discuss modeling results and recommendations 10 2 4 4 2,630$ 1.9 Design Alternatives 12 2 2 2 2 2 2 2,990$ 1.10 Design Alternatives Meeting 16 4 4 4 4 4,880$ 1.11 Draft Preliminary Engineering Report 62 2 2 4 4 16 2 8 8 4 8 4 12,600$ 1.12 Quality Control 12 2 4 2 2 2 3,430$ 1.13 Draft PER Submittal 14 2 4 2 2 2 2 2,860$ 1.14 Draft PER Review Meeting 16 4 4 4 4 4,880$ 1.15 Draft PER Revision 24 2 8 4 4 2 4 4,540$ 1.16 Final PER Submittal 14 2 2 2 2 2 2 2 2,880$ Subtotals 448 32 38 56 46 60 2 28 2 24 16 0 4 104,280$ 2.1 Final Design Kick-off Meeting 16 4 4 4 4 4,880$ 2.2 Detailed Engineering Design 168 16 32 8 80 8 24 35,860$ 2.3 Construction Drawings 236 4 8 16 4 24 4 16 80 80 41,580$ 2.4 Technical Specifications 82 2 16 32 16 16 17,250$ 2.5 Front End Specifications 8 8 2,120$ 2.6 Opinion of Probable Construction Cost 66 2 8 24 16 16 13,690$ 2.7 Quality Control 50 12 2 12 12 12 15,030$ 2.8 Interim Design Submittals (60%, 90%, & 100%)51 3 6 12 6 12 12 9,300$ 2.9 Cross-discipline Review 36 12 12 12 10,300$ 2.10 Design Review Meetings 48 12 12 12 12 14,640$ 2.11 Final Design Submittal 26 2 4 4 4 4 8 5,400$ 2.12 TCEQ Notification Letter 2 2 560$ Subtotals 789 16 28 39 94 114 36 152 36 82 100 92 0 170,610$ 3.1 Bid-ready Submittal 16 2 4 2 2 4 2 3,020$ 3.2 Pre-bid Meeting 12 4 4 4 3,480$ 3.3 Bidder Questions/Addendum 24 2 4 4 4 4 4 2 5,050$ 3.4 Bid Opening 4 4 1,060$ 3.5 Bid Review & Tabulation 7 1 4 2 1,270$ Subtotals 63 4 0 13 8 12 0 6 0 6 8 2 4 13,880$ Task 1.0 - Preliminary Design Task 2.0 - Design Services Task 3.0 - Bidding Services 1 of 2Page 54 of 76 Exhibit B City of Huntsville McGary Creek Lift Station Replacement and Expansion Project Lump Sum Cost Breakdown April 2022 Task No.Basic Services Task Description Total Hours Project Principal Senior Technical Advisor Project Manager Senior Engineer (Process) Staff Engineer (Process) Lead Engineer (Modeling) Staff Engineer (Modeling) Senior Engineer (Structural) Staff Engineer (Structural) Senior Engineer (Electrical) Staff Engineer (Electrical) Process Designer / Drafter FAC Designer / Drafter Admin Assistant Modeling Sub-total Total Cost 4.1 Construction Documents 10 2 4 2 2 1,820$ 4.2 Pre-construction Meeting 12 4 4 4 3,480$ 4.3 Submittals 68 4 24 24 16 13,570$ 4.4 Requests for Information (RFI)40 4 4 16 4 4 4 4 8,900$ 4.5 Change Order Requests 16 4 4 4 4 4,490$ 4.6 Contractor Payment Applications 16 16 4,230$ 4.7 Construction Progress Meetings 60 60 15,840$ 4.8 Lift Station Startup 12 6 6 3,260$ 4.9 Substantial Completion Walk-through 8 4 4 2,170$ 4.10 Substantial Completion Punchlist 4 2 2 860$ 4.11 Final Completion Walk-through 8 4 4 2,170$ 4.12 Final Payment Recommendation 2 2 530$ 4.13 As-built Construction Drawings 50 2 4 4 32 8 8,680$ 4.14 TCEQ Completion Notification 2 2 560$ Subtotals 308 4 0 114 28 44 8 28 8 24 36 10 4 70,560$ 5.1 Work Plan 8 4 2 2 1,930$ 5.2 Project Status Reports 16 16 4,230$ 5.3 Project Design Meetings/Workshops 36 36 9,510$ 5.4 City Review Comments 8 8 2,120$ 5.5 Quality Assurance 4 4 1,060$ Subtotals 72 0 0 68 0 0 0 2 0 2 0 0 0 18,850$ 378,180$ 15,000$ 393,180$ 7,500$ 8,000$ 7,500$ 2,300$ 25,300$ 418,480$ SUE Investigation Task 4.0 - Limited Construction Phase Services Task 5.0 - Project Management Services Basic Services Design Total Basic Services Expenses Total BASIC SERVICE TOTAL (Lump Sum) Additional Services Budgets (T&M Not to Exceed) Topographic Survey Geotechnical Report LAN Sub Coordination (10% of Subcontracts) Additional Services Total Basic & Additional Services Total 2 of 2Page 55 of 76 Exhibit C City of Huntsville McGary Creek Lift Station Improvements Project Estimated Schedule April 2022 Task 6/6/226/13/226/20/226/27/227/4/227/11/227/18/227/25/228/1/228/8/228/15/228/22/228/29/229/5/229/12/229/19/229/26/2210/3/2210/10/2210/17/2210/24/2210/31/2211/7/2211/14/2211/21/2211/28/2212/5/2212/12/2212/19/2212/26/221/2/231/9/231/16/231/23/231/30/232/6/232/13/232/20/232/27/233/6/233/13/233/20/233/27/234/3/234/10/234/17/234/24/235/1/235/8/235/15/235/22/235/29/236/5/23~7/22/247/29/248/5/248/12/248/19/248/26/249/2/24Task 1.0 - Preliminary Engineering Notice to Proceed 6/6/2022 ADD SVC Field Survey ADD SVC Geotechnical ADD SVC SUE Task 1.1 Document Review Task 1.2 Kick-off Meeting ** Task 1.3 Design Concept Review ** Task 1.4 Basis of Design ** Task 1.5 Risk Assesment Task 1.6 Risk Assesment Workshop ** Task 1.7 Hydraulic Evaluation Task 1.8 Design Alternatives Task 1.9 Design Alternatives Meeting ** Task 1.10 Draft Preliminary Engineering Report Task 1.11 Quality Control Task 1.12 Draft PER Submittal *9/12/2022 Task 1.13 Draft PER Review Meeting ** Task 1.14 Draft PER Revision Task 1.15 Final PER Submittal *10/3/2022 Task 2.0 - Final Design Task 2.1 Final Design Kick-off Meeting ** Task 2.2 Detailed Engineering Design Task 2.3 Construction Drawings Task 2.4 Technical Specifications Task 2.5 Front End Specifications Task 2.6 Opinion of Probable Construction Cost Task 2.7 Quality Control Task 2.8 Interim Design Submittals (60%, 90%, & 100%)*** Task 2.9 Cross-discipline Review Task 2.10 Design Review Meetings **** Task 2.11 Final Design Submittal *2/23/2023 Task 2.12 TCEQ Notification Letter *3/2/2023 Task 3.0 - Bidding Phase Task 3.1 Bid-ready Submittal *3/2/2023 Task 3.2 Pre-bid Meeting 3/9/2023 Task 3.3 Bidder Questions/Addendum Task 3.4 Bid Opening 4/26/2023Task 3.5 Bid Review & Tabulation 5/3/2023 Task 4.0 - Construction Phase Services Task 4.1 Construction Documents *5/24/2023 Task 4.2 Pre-construction Meeting **5/31/2023 Task 4.3 Submittals Task 4.4 Requests for Information (RFIs) Task 4.5 Change Order Requests Task 4.6 Contractor Payment Applications Task 4.7 Construction Progress Meetings ** Task 4.8 Lift Station Startup Task 4.9 Substantial Completion Walk-through Task 4.10 Substantial Completion Punchlist Task 4.11 Final Completion Walk-through Task 4.12 Final Payment Recommendation Task 4.13 As-built Construction DrawingsTask 4.14 TCEQ Completion Notification *Milestones **Client Meeting or Workshop 59 Weeks of ConstructionPage 56 of 76 Page 1 of 1 Exhibit D McGary Creek Lift Station Replacement & Expansion Budgetary Project Cost Estimate April 2022 The existing McGary Creek Lift Station (MCLS) is to be expanded and improved based on the 2016 Water and Wastewater Condition and Capacity Assessment Study. The initial sizing will be an expansion from 2.95 MGD to 4.75 MGD, firm pumping capacity. It appears that most if not all the existing facilities have reached their useful life and will most likely need to be replaced. Since the project design phase has not been intimated, Lockwood, Andrews, & Newnam, Inc. (LAN) reviewed previously completed projects of somewhat similar size and scope to approximate potential construction costs. LAN also contacted a lift station construction contractor familiar with southeast Texas construction costs, including Huntsville, to obtain project cost input. The projects identified were bid in the last few years, but all before COVID-19 and the subsequent material and supply chain issues. One project was completed in 2022. The similar project construction costs ranged from $3.3M to $3.5M. Based on contactor input and project bids over the past 24 months, there has been a minimum of a 20% construction cost increase. Therefore, the similar construction costs range would be $4.0M to 4.2M, with an average similar project construction cost would be $4.1M. The estimated total project cost estimate including engineering and construction is: Proposed Estimated Engineering Fee: $418,480 Estimated Lift Station Construction Cost: $4,100,000 Total $4,518,480 NOTE: The proposed estimated engineering fee includes approximately $35,000 for updating the model for the MCLS Service Area (sewershed) only. Page 57 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: FIRST READING: Consider authorizing the City Manager to enter into an agreement with LJA Engineering for professional engineering services for FY 21-22 Waterline Replacement Projects. Initiating Department/Presenter: Engineering Presenter: Kathlie Jeng-Bulloch, City Engineer Recommended Motion: No action required, first reading. Should the Council wish to waive the second reading, the appropriate motion would be: Move to waive the requirements for reading on two (2) separate meetings and authorize the City Manager to enter into an agreement with LJA Engineering for professional engineering services for FY 21-22 Waterline Replacement Projects. Strategic Initiative: Goal #4, Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: The City has been replacing existing undersized and deteriorated waterlines each year to the extent that funding is made available for this purpose. Replacing and/or upsizing will help reduce waterline breaks and associated maintenance costs, improve water circulation and pressure to serve domestic needs and install needed fire hydrants in the water distribution system to provide for fire protection. A Request for Qualification (RFQ) process was conducted, and twenty-seven (27) applications from Engineering firms were received. The Evaluation Committee consisted of five (5) staff members from three (3) departments. As a result of this process the top four (4) Engineering Companies were selected to design four (4) separate projects. Two (2) projects are funded through ARP and two (2) through traditional CIP bond funding. This agenda item is pertaining to the City Council approved CIP FY21-22 Miscellaneous Waterline Replacement Project ID # 22-10-23: a) Replace approximately 1,300’ of 6” water line along Elm Ave. from State Highway (SH) 30 to Louis Davis Drive. b) Replace approximately 6,900’ of 8” water line along Ave. I along & from Bearkat Blvd to Sam Houston Ave., and along Bobby K Marks Drive from Bearkat Blvd to Bowers Blvd. c) Replace approximately 4,300’ of 12” water line with a 16” water line along Sam Houston Ave. from 22nd Street to and along Palm St. to the Palm St. Water Plant. d) Replace approximately 2,400’ of 2” water line with a 6” water line along Fish Hatchery Road. e) Replace approximately 5,500’ of 6” water line along Goodrich from Louis Davis to El Rd, along El Rd from Goodrich to Trinity Cutoff, along Trinity Cutoff from El Rd. to SH 19, Jessica ST., Patrick ST, Sprott St., Adams Drive, and Goodrich Drive. LJA Engineering, Houston, Texas, who ranked the highest based on the application and oral presentation to the committee members, ARP Grant Manager and Purchasing Agent, was recommended to design this waterline project ID #22-10-23. Upon City’s request, LJA Engineering met with the City staff Page 58 of 76 (Engineering and Public Works Department) to discuss the replacement/upsizing and routes in more detail. The estimated scope based on the discussion with Public Works and Engineering Department staff resulted in the replacement of 1) 2,000’ of 16” water lines; 2) 14,230’ of 8” water lines; 3) 4,110’ of 6” water lines; 4) 1,100’ of 4” water lines. The difference between the estimated scope and the planned CIP is due to actual field conditions. After the Scope of Work meeting, LJA Engineering provided their fee proposal which consisted of waterline replacement design, bidding services, additional services (such as topographic survey, geotechnical investigation, TXDOT permitting, material testing) and construction support services. A copy of scope, fee proposal and associated attachments received from LJA Engineering are attached to this agenda item. The total fee proposed by LJA Engineering for Basic Engineering Services is $320,000.00 and the Additional Services is $344,500.00. The completion of the design phase is estimated to be January 2023, and construction should be completed in December 2023. The remainder of the construction funding for the project will come out of City funds and not the ARP funds and will be in next year's budget. Previous Council Action: The City Council approved a total amount of $3,223,000.00 in FY 2021-2022 budget for developing waterline replacement design and to construct the projects. Financial Implications: Item is budgeted: In the amount of $2,973,000.00 Approvals: Steve Ritter Rick Rudometkin Aron Kulhavy Kristy Doll Associated Information: 1.Assignment Letter Huntsville Waterline ID #22-10-23 4 11 2022 2.City of Huntsville 11x17 Exhibits for Proposal Maps 4 11 2022 Page 59 of 76 April 11, 2022 Mayor and City Council City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Re: Proposal for Engineering and Construction Services for Miscellaneous Waterline Replacements City of Huntsville Project ID #: 22-10-23 LJA Proposal No. 22-9841 Dear Mayor and City Council: LJA Engineering, Inc. (LJA) is pleased to submit this proposal to provide engineering and construction services associated with the Miscellaneous Waterline Replacements project, COH ID #22-10-23. This project consists of replacing aging and undersized waterlines with approximately 21,500 linear feet of new waterlines, ranging in size from 4-inch to 16-inch in diameter, installation of new fire hydrants, valves, service connections, and connections to the existing water distribution system. The approximate project limits and lengths of lines are further described in the table below: Location Extents Approx. Replacement Lengths Avenue I From Bearkat Blvd to Sam Houston Ave 4,200 LF of 8” Waterline Bearkat Blvd From Ave I to Bobby K Marks Dr 620 LF of 8” Waterline Bobby K Marks Dr From 15th St to Bowers Blvd 2,100 LF of 8” Waterline 17th St From Bobby K Marks to 200’ West 200 LF of 8” Waterline Elm Ave From SH 30 E to Louis Davis Dr 1,250 LF of 6” Waterline Fish Hatchery Rd From West of Tan Yard Branch to East of Paul Bruno Rd 1,450 LF of 8” Waterline 800 LF of 6” Waterline 1,100 LF of 4” Waterline Sam Houston Ave From West of Ave I to East of El Toro Dr 2,000 LF of 16” Waterline State Highway 30 From 200’ West of SH 19 to SH 19 Frontage 200 LF of 8” Waterline State Highway 19 Frontage From 300’ North of SH 30 to Trinity Cutoff 510 LF of 8” Waterline Trinity Cutoff From SH 19 Frontage to El Rd 1,500 LF of 8” Waterline El Rd From Trinity Cutoff to Goodrich Dr 1,450 LF of 8” Waterline Goodrich Rd From El Rd to US 190 2,000 LF of 8” Waterline Jessica St From Trinity Cutoff to the End of Street 350 LF of 6” Waterline Patrick St From Trinity Cutoff to Haywood St 450 LF of 6” Waterline Sprott St From Trinity Cutoff to Haywood St 475 LF of 6” Waterline Adams St From Trinity Cutoff to SH 19 785 LF of 8” Waterline We propose the following services and corresponding fees for this project. Page 60 of 76 Mayor and City Council City of Huntsville April 11, 2022 Page 2 of 5 H:\Engineering\Clients\Proposals\City of Huntsville\Assignment Letter Huntsville Waterline ID #22-10-23.doc SCOPE OF SERVICES A. Preliminary and Design Phase 1. Attend Preliminary Conference with the City and other interested parties regarding the project. 2. Review all reports/plans regarding the existing waterlines. 3. Establish the scope of any topographical surveys and geotechnical investigations which, in the opinion of the Engineer, may be required. 4. Prepare detailed specifications, contract documents, and contract drawings. 5. Submit final contract specifications and drawings to the required agencies for review and approval. B. Bidding Phase 1. Assist the City in the advertisements of the project for bids. 2. Respond to questions regarding the project during the bidding process. If required, issue addendums to clarify any questions regarding the project. 3. Conduct a Pre-bid Conference between the Engineer, prospective bidders, suppliers, etc., to make certain that the scope of the work is fully understood. 4. Assist the City in the opening of bids for construction of the project. Tabulate and evaluate bids and prepare a recommendation letter for Mayor and Council action. 5. Prepare final contract documents for execution by the Contractor and the City. C. Construction Phase 1. Conduct a Pre-Construction Conference between the City, Engineer, and Contractor. 2. Issue a work order with dates, approved by the City. 3. Make periodic visits to the project site to observe work with regard to general compliance with the plans and specifications. 4. Review samples, schedules, shop drawings, and other data which the Contractor submits. 5. Preparation for execution of the necessary progress documents including work order, payment estimates, change orders, time extensions, and other correspondence required to achieve the intended finished project. 6. Conduct final inspection in conjunction with the City, Contractor, and Engineer. Prepare all closing documents to finalize the contract. Page 61 of 76 Mayor and City Council City of Huntsville April 11, 2022 Page 3 of 5 H:\Engineering\Clients\Proposals\City of Huntsville\Assignment Letter Huntsville Waterline ID #22-10-23.doc D. Additional Services 1. Topographical Surveys: Provide field surveys of existing structures, lines, site conditions, and other features required for the preparation of final construction plans. 2. Subsurface Utility Engineering – Quality Level “A”: Locate (Test Hole / Hydro-vac): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility / environment data. Provide SUE – QL “A” services for pipeline locations at potential crossings within the project limits, and obtain any additional subsurface information required of the site conditions to prepare final construction drawings. For the basis of this proposal we have estimated approximately ten (10) locations where SUE – QL “A” services may be required. 3. Subsurface Utility Engineering – Quality Level “B”: The application of appropriate surface geophysical methods to determine the existence and horizontal position of subsurface utilities within a project’s limits – utilizing the RD8100 Multifunction precision cable and pipe locator for the application. Provide SUE – QL “B” services for locations of possible utility conflicts and/or crossings, as well as major tie-ins, within the project limits, and obtain any additional subsurface information required of the site conditions to prepare final construction drawings. For the basis of this proposal we have estimated approximately 6,000 linear feet of area where SUE – QL “B” services may be required. 4. Pipeline (LONO) Coordination: Coordinate the location of the new waterline across Pipeline Corridors with the respective Pipeline Agencies and obtain approvals / Letters of No Objection for the crossings. 5. TXDOT Permitting: Coordinate location of waterline within the State ROW with TXDOT and obtain utility permit approvals through the TXDOT UIR process. 6. Geotechnical Investigations: Provide field investigation of the geotechnical conditions to determine design. Determine ground water conditions and need for dewatering during construction. 7. Testing: Provide as required testing, field and laboratory, of construction materials. 8. Project Representative: Provide on-site Resident Project Representation. This will include periodic site visits (typically 10-15 hours a week) to review progress of contractor's work. These visits will be performed on an as needed basis during certain phases of construction. The Resident Project Representative will make his best effort to be on-site during critical phases of work. It is agreed that the Engineer does not underwrite, guarantee, or ensure the work done by the contractors. Since it is the contractor's responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the contractors' failure to do so. Failure by any Resident Project Representative or other personnel engaged in on the site observation to discover defects or Page 62 of 76 Mayor and City Council City of Huntsville April 11, 2022 Page 4 of 5 H:\Engineering\Clients\Proposals\City of Huntsville\Assignment Letter Huntsville Waterline ID #22-10-23.doc deficiencies in the work of the contractors shall never relieve the contractors for liability or subject the Engineer to any liability for any such defect or deficiencies. 9. Record Drawings: Upon completion of the project, the contract drawings will be revised to reflect all field changes. The completed “record drawings” will be delivered to the Owner. 10. Easement Documents: Provide easement exhibits, as well as metes and bounds descriptions for proposed easements required for alignment and construction. It is our understanding there will be no easement acquisition required as part of this project and therefore no easement documents will be required. 11. Easement Acquisition: Provide professional services for the acquisition of easements for waterlines associated with this proposal within the City of Huntsville. It is our understanding there will be no easement acquisition required as part of this project. BASIS OF COMPENSATION For the accomplishment of the above tasks and additional services, we propose that our compensation be based on the Scope of Services for each Phase and include a combination of Lump Sum Fees and Estimated Fees. The Total Basic Engineering and Additional Service Fees as part of this proposal are $664,500.00 and are divided by phases and services below. A. Preliminary and Design Phases: Based on the scope of services for the preliminary and design phases, our fee will be a lump sum amount of $256,000.00 and will be broken down as follows: 1. Preliminary / 30% Design Phase: Based on the scope of services for the preliminary / 30% design phase, our fee will be a lump sum amount of $76,800.00. 2. 60% Design Phase: Based on the scope of services for the 60% design phase, our fee will be a lump sum amount of $76,800.00. 3. Final Design Phase: Based on the scope of services for the final design phase, our fee will be a lump sum amount of $102,400.00. B. Bidding Phase: Based on the scope of services, our fee will be a lump sum amount of $16,000.00. C. Construction Phase: Based on the scope of services, our fee will be a lump sum amount of $48,000.00. D. Additional Services: 1. Topographical Surveys: Based on the scope of services, our fee will be a lump sum amount of $140,000.00. Page 63 of 76 Mayor and City Council City of Huntsville April 11, 2022 Page 5 of 5 H:\Engineering\Clients\Proposals\City of Huntsville\Assignment Letter Huntsville Waterline ID #22-10-23.doc 2. Subsurface Utility Engineering – QL “A”: Based on the scope of services, we estimate the cost to be approximately $15,000.00. (Billed as Time & Materials). 3. Subsurface Utility Engineering – QL “B”: Based on the scope of services, we estimate the cost to be approximately $21,000.00. (Billed as Time & Materials). 4. Pipeline (LONO) Coordination: Based on the scope of services, we estimate the cost to be approximately $7,500.00. (Billed as Time & Materials). 5. TxDOT Permitting: Based on the scope of services, we estimate the TxDOT Permitting cost to be approximately $15,000.00 (Billed as Time & Materials). 6. Geotechnical Investigations: Based on the scope of services, we estimate the geotechnical investigations cost to be approximately $32,500.00 (Billed as Time & Materials). 7. Testing: Based on the scope of services, we estimate the construction materials testing cost to be approximately $32,500.00 (Billed as Time & Materials). 8. Project Representative: Based on the scope of services and an approximate construction contract time of 300 calendar days, we estimate the project representative cost to be approximately $70,000.00 (Billed as Time & Materials). 9. Record Drawings: Based on the scope of services, our fee will be a lump sum amount of $3,500.00. The above fees do not include reimbursable expenses (advertising, reproduction, deliveries, travel/mileage, printing, permit fees, filing fees, recording fees, and long-distance phone charges). We recommend a budget of $7,500.00 be set for the actual reimbursable expenses incurred on the project. If the above Scope of Services and Basis of Compensation are satisfactory to you, we will consider your acceptance in the space provided below and on the attached Professional Services Agreement as our authorization to proceed. Your signature will be sufficient authorization to immediately commence the stated work. We appreciate the opportunity to be involved in your project. If you have any questions, please feel free to call me at 713.657.6013. Sincerely, Jimmy C. Flowers, PE Project Manager Proposal Accepted By: JCF/msc Attachment(s) CITY OF HUNTSVILLE Mayor Andy Brauninger By: _____________________________ Date: ____________________________ Page 64 of 76 Item No. Quantitiy Unit Description Unit Cost Total Cost 1 450 LF 16" Waterline (Open Cut Construction) $120.00 $54,000.00 2 1,350 LF 16" Waterline (Augered Construction) $135.00 $182,250.00 3 200 LF 16" Waterline (Augered & Encased Construction) $475.00 $95,000.00 4 60 LF 12" Waterline (Open Cut Construction) $105.00 $6,300.00 5 3,525 LF 8" Waterline (Open Cut Construction) $75.00 $264,375.00 6 10,580 LF 8" Waterline (Augered Construction) $90.00 $952,200.00 7 910 LF 8" Waterline (Augered & Encased Construction) $260.00 $236,600.00 8 780 LF 6" Waterline (Open Cut Construction) $55.00 $42,900.00 9 2,335 LF 6" Waterline (Augered Construction) $70.00 $163,450.00 10 210 LF 6" Waterline (Augered & Encased Construction) $240.00 $50,400.00 11 265 LF 4" Waterline (Open Cut Construction) $50.00 $13,250.00 12 795 LF 4" Waterline (Augered Construction) $65.00 $51,675.00 13 40 LF 4" Waterline (Augered & Encased Construction) $220.00 $8,800.00 14 8 EA 16" Butterfly Valve w/ Box $6,500.00 $52,000.00 15 4 EA 12" Gate Valve w/ Box $3,575.00 $14,300.00 16 42 EA 8" Gate Valve w/ Box $2,050.00 $86,100.00 17 13 EA 6" Gate Valve w/ Box $1,750.00 $22,750.00 18 1 EA 4" Gate Valve w/ Box $1,300.00 $1,300.00 19 5 EA 12" Wet Connection $2,000.00 $10,000.00 20 12 EA 8" Wet Connection $1,500.00 $18,000.00 21 8 EA 6" Wet Connection $1,200.00 $9,600.0022 1 EA 24"x16" Tapping Sleeve & Valve $20,000.00 $20,000.00 23 1 EA 16"x8" Tapping Sleeve & Valve $10,000.00 $10,000.00 24 3 EA 12"x8" Tapping Sleeve & Valve $8,000.00 $24,000.0025 1 EA 8"x8" Tapping Sleeve & Valve $6,000.00 $6,000.00 26 1 EA 8"x6" Tapping Sleeve & Valve $5,500.00 $5,500.00 27 4 EA 6"x6" Tapping Sleeve & Valve $5,200.00 $20,800.00 28 55 EA Fire Hydrant Assembly $5,600.00 $308,000.00 29 110 VF Extra Depth Bury for Fire Hydrant $230.00 $25,300.00 30 23 EA Fire Hydrant Removal & Salvage $550.00 $12,650.00 31 31 EA Cut & Plug Exist. Waterline $850.00 $26,350.00 32 65 EA Close Exist. Valve, Remove Box, Pug Operator $600.00 $39,000.00 33 4,000 LF Fill Abandoned Waterline, 12-inch, with Cement Slurry within TXDOT ROW $10.00 $40,000.00 34 5,080 LF Trench Safety System $5.00 $25,400.00 35 10 MO Traffic Control $4,000.00 $40,000.00 36 4 AC Turf Establishment, Hydro-mulch Seeding $2,500.00 $10,000.00 37 500 SY Surface Restoration, Asphalt Surface $85.00 $42,500.00 38 500 SY Surface Restoration, Concrete Surface $105.00 $52,500.00 39 200 SY Surface Restoration, Unpaved Surface (Gravel or Shell) $45.00 $9,000.00 40 5,080 LF SWPP, Reinforced Filter Fabric Barrier $5.00 $25,400.00 41 65 EA New Short Side Single Service Connection (3/4" to 1") $700.00 $45,500.00 42 54 EA New Long Side Single Service Connection (3/4" to 1") $1,200.00 $64,800.00 43 27 EA New Short Side Single Service Connection (2") $1,500.00 $40,500.00 44 29 EA New Long Side Single Service Connection (2") $2,400.00 $69,600.00 Supplementary Items 45 500 LF "Extra" Well Point Dewatering System $50.00 $25,000.00 46 500 CY "Extra" Bedding and Backfill for Wet Sand Construction $10.00 $5,000.00 47 100 CY "Extra" Bank Sand $10.00 $1,000.00 48 50 CY "Extra" Crushed Limestone $25.00 $1,250.00 49 10 TON "Extra" Cement Stabilized Sand, 2.0 Sacks per Ton $30.00 $300.00 50 25 CY "Extra" Class A Concrete $100.00 $2,500.00 51 500 LB "Extra" Reinforcing Steel $1.00 $500.00 52 500 TON "Extra" Crushed Concrete, 1" to 2" Gradation $18.00 $9,000.00 53 1,000 SY "Extra" Turf Establishment, Full Sodding $4.00 $4,000.00 54 2 EA "Extra" 8" Insertion Valve $8,000.00 $16,000.00 55 2 EA "Extra" 6" Insertion Valve $7,000.00 $14,000.00 56 50 EA "Extra" DFW Water Meter Box with LLDPE Body & HDPE Lid $60.00 $3,000.00 SubTotal Estimated Construction Cost $3,379,600.00 Contingency (10%)$337,960.00 Opinion Probable Construction Cost $3,717,560.00 Basic Engineering Fees (8.61%)$320,000.00 Preliminary and Design Phase (80%)$256,000.00 Bidding Phase (5%)$16,000.00 Construction Phase (15%)$48,000.00 Additional Services Fees $344,500.00 Topographic Survey $140,000.00 SUE - QL "A" (T&M $1,500 per location - max of 10 locations without prior authorization) $15,000.00 SUE - QL "B" (T&M $3.50 per linear foot - max of 6,000 linear feet without prior authorization) $21,000.00 Pipeline (LONO) Coordination (T&M)$7,500.00 TXDOT Permitting (T&M)$15,000.00 Geotechnical Investigation (T&M)$32,500.00 Construction Materials Testing (T&M)$32,500.00 Project Representation (T&M)$70,000.00 Record Drawings $3,500.00 Reimbursable Expenses (T&M)$7,500.00 Total Estimated Engineering & Additional Service Fees $664,500.00 Opinion of Total Probable Project Cost $4,382,060.00 CITY OF HUNTSVILLE MISCELLANEOUS WATERLINE REPLACEMENTS COH PROJECT ID # 22-10-23 AVE I, BEARKAT BLVD, BOBBY K MARKS DR, 17TH ST, ELM AVE, FISH HATCHERY RD, SAM HOUSTON AVE, SH 30, SH 19 FRONTAGE, TRINITY CUTOFF, EL RD, JESSICA ST, PATRICK ST, SPROTT ST, ADAMS ST 3/19/2022 LJA Engineering, Inc. City of Huntsville - Cost Estimate WL Replacement.xlsx Page 65 of 76 ID Task Name Duration Start Finish1Design186 daysFri 5/6/22Fri 1/20/232Topographic Survey60 daysFri 5/6/22Thu 7/28/223Geotech30 daysFri 5/6/22Thu 6/16/22430% Plans50 daysMon 6/6/22Fri 8/12/22530% Plans City Review/Address Comments5 daysMon 8/15/22Fri 8/19/22660% Plans50 daysMon 8/22/22Fri 10/28/22760% Plans City Review/Address Comments5 daysMon 10/31/22Fri 11/4/228Dry Utilities Coordination40 daysMon 11/7/22Fri 12/30/229TXDot Review50 daysMon 11/7/22Fri 1/13/2310Drainage District Review50 daysMon 11/7/22Fri 1/13/2311TCEQ Review50 daysMon 11/7/22Fri 1/13/2312100% Plans50 daysMon 11/7/22Fri 1/13/2313100% Plans City Review/Address Comments5 daysMon 1/16/23Fri 1/20/2314Bidding53 daysWed 3/8/23Fri 5/19/2315Advertisement1 dayWed 3/8/23Wed 3/8/2316Pre-Bid Conference1 dayWed 3/22/23Wed 3/22/2317Bid Opening1 dayWed 3/29/23Wed 3/29/2318Award Contract (Council Meeting)1 dayThu 4/13/23Thu 4/13/2319Execute Contracts21 daysFri 4/14/23Fri 5/12/2320Pre-Construction Meeting / NTP5 daysMon 5/15/23Fri 5/19/2321Construction152 daysMon 5/22/23Tue 12/19/2322Construction145 daysMon 5/22/23Fri 12/8/2323Inspection and Final Walkthrough / Punchlist6 daysMon 12/11/23Mon 12/18/2324Construction Completion1 dayTue 12/19/23Tue 12/19/23MayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDec2Qtr 3, 2022Qtr 4, 2022Qtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023QTaskSummaryCity of HuntsvilleMiscellaneous Waterline ReplacementsCOH Project ID # 22-10-23Page 1Project: Schedule - Huntsville WL RepDate: Fri 3/18/22Page 66 of 76 ³±75 SAMHOUSTONAVE MONTGOMERYRD22ND ST BO B BYKMARKSDR16TH ST AVE E16TH ST MUR R A Y L NAVEILAKE RD15TH ST 21ST ST BOB BY K M A R KS D R JOSEY ST BEARKAT BLVD AVE J17TH ST BOWERS BLVD AVEI AVEJUNIVERSI TYAVET:\SEL\10\CityOfHuntsvill_Utilities_AOI\pro\CityOfHuntsvill_Utilities_AOI0 300 600150FEET THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND REPRESENTSONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTYBOUNDARIES. DATA SOURCE: PARCEL - WALKER COUNTY APPRAISAL DISTRICT AERIAL PHOTOGRAPH DATE: NEARMAP 2021 AREA OF INTERESTS PARCELS LEGEND MARCH 2022 FY 21-22 CAPITAL IMPROVEMENT PROJECT AVE I / BOBBY K MARKS WATERLINE REHAB - 2 PROJ #6, TABLE ES-4, FNI STUDY AVENUE I ± Page 67 of 76 ³±30 SH 30 ERAVENTERRACEDRB LA LO C KSTLOUIS DAVIS DR H A Z E L A V E E L M A V E T:\SEL\10\CityOfHuntsvill_Utilities_AOI\pro\CityOfHuntsvill_Utilities_AOI0 100 20050FEET THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND REPRESENTSONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTYBOUNDARIES. DATA SOURCE: PARCEL - WALKER COUNTY APPRAISAL DISTRICT AERIAL PHOTOGRAPH DATE: NEARMAP 2021 AREA OF INTERESTS PARCELS LEGEND MARCH 2022 FY 21-22 CAPITAL IMPROVEMENT PROJECT ELM AVE (SH 30E TO LOUIS DAVIS DR) REPLACE 6IN WATERLINE ELM AVENUE ± Page 68 of 76 2821 FISH HATCHERYRD PAUL BRUNO RDT:\SEL\10\CityOfHuntsvill_Utilities_AOI\pro\CityOfHuntsvill_Utilities_AOI0 300 600150FEET THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND REPRESENTSONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTYBOUNDARIES. DATA SOURCE: PARCEL - WALKER COUNTY APPRAISAL DISTRICT AERIAL PHOTOGRAPH DATE: NEARMAP 2021 AREA OF INTERESTS PARCELS LEGEND MARCH 2022 FY 21-22 CAPITAL IMPROVEMENT PROJECT FISH HATCHERY REPLACE 2" WITH 4", 6", & 8" WATERLINE FISH HATCHERY ± Page 69 of 76 1374 ³±75 MONTGOMERYRDFIRSTSTARCIRLAKERIDGE DR BAKER ST MILAM ST MU R R A Y L N ELTORODRP A L M STAVE I CRAWFORDSTBOB BY K M A R KS D R SAM H O U S T O N A V E MONTGOMERYRDT:\SEL\10\CityOfHuntsvill_Utilities_AOI\pro\CityOfHuntsvill_Utilities_AOI0 200 400100FEET THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND REPRESENTSONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTYBOUNDARIES. DATA SOURCE: PARCEL - WALKER COUNTY APPRAISAL DISTRICT AERIAL PHOTOGRAPH DATE: NEARMAP 2021 AREA OF INTERESTS PARCELS LEGEND MARCH 2022 FY 21-22 CAPITAL IMPROVEMENT PROJECT 16IN WATERLINE RENEWAL SAM HOUSTON AVE PROJ # 12, TABLE ES-3, FNI STUDY SAM HOUSTON AVENUE ± Page 70 of 76 £¤190 ³±30 ³±19SH 30 E US 1 9 0 SH19GOODRICH DR JESSICA STTRINITYCUTOFF EAST AVE JEFFR O S T GORDONRDRHODES DRUT IL ITY RD PATRICK ST SPROTT ST O L D C O L O N Y R D ADAMS DRHAYWOODST LOUISDAVISDR SH 1 9 EL RD SH 19T:\SEL\10\CityOfHuntsvill_Utilities_AOI\pro\CityOfHuntsvill_Utilities_AOI0 300 600150FEET THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND REPRESENTSONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTYBOUNDARIES. DATA SOURCE: PARCEL - WALKER COUNTY APPRAISAL DISTRICT AERIAL PHOTOGRAPH DATE: NEARMAP 2021 AREA OF INTERESTS PARCELS LEGEND MARCH 2022 FY 21-22 CAPITAL IMPROVEMENT PROJECT WATER MASTERPLAN & MODEL UPDATE REPLACE 6IN WATERLINE AT VARIOUS LOCATIONS TRINITY CUTOFF ± Page 71 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: FIRST READING: Consider adoption of Ordinance No. 2022-16 suspending the rates proposed by Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Entex Gas Reliability Infrastructure Program (“GRIP”) filing made with the City on March 3, 2022. Initiating Department/Presenter: City Secretary Presenter: Leonard Schneider, City Attorney Recommended Motion: None. The Council may wait until after May 17, 2022. However, if the Council wishes to waive the two-reading requirement: Move to temporarily suspend the rules of procedure by waiving the two-reading requirement and to adopt Ordinance 2022-16 approving the rates proposed by Centerpoint Entergy Resources Corp. d/b/a Centerpoint Energy Entex Gas Reliability Infrastructure Program (GRIP) filing made with the City on March 3, 2022.. Strategic Initiative: Goal #6, Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Discussion: On March 3, 2022, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or “Company”) filed a Gas Reliability Infrastructure Program (“GRIP”) adjustment factor with each of the communities in the Beaumont/East Texas Division of the Company. The Company is authorized to make annual GRIP rate change requests pursuant to the Gas Utility Regulatory Act, TEX. UTIL. CODE § 104.301 (“GRIP Statute”) also see Section 7.7101 of the Railroad Commission of Texas (“Commission”) Gas Services Division Rules. The GRIP Statute authorizes gas utility companies to request annual rate increases associated with year-to-year changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing. Instead, all amounts collected under a GRIP filing are considered interim rates subject to review and refund in the Company’s next base rate proceeding. The GRIP Statute provides that the proposed GRIP rate surcharge will become effective 60 days from the date of the Company's filing or May 2, 2022, unless suspended by the Cities. Cities may suspend the GRIP rate increase for an additional 45 days beyond the Company's proposed effective date of May 2, 2022 while reviewing the GRIP application. The review process of a GRJP filing is generally a ministerial review limited to ensuring that the GRIP filing complies with the GRIP Statute. Previous Council Action: The City for the past several years has participated to suspended the proposed GRIP rate surcharge to allow review by the Lawton Law Firm to make sure that the Company’s filing for the annual rate increase complies and follows the GRIP statute. This action is taken yearly. Page 72 of 76 Financial Implications: There is no financial impact associated with this item. Approvals: Rick Rudometkin Leonard Schneider Aron Kulhavy Kristy Doll Associated Information: 1.Ordinance No. 2022-16 Page 73 of 76 ORDINANCE NO. 2022-16 ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS (“CENTERPOINT” OR “COMPANY”) COMPANY’S GAS RELIABILITY INFRASTRUCTURE PROGRAM (“GRIP”) FILING MADE WITH THE CITY ON MARCH 3, 2022; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about March 3, 2022, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or “Company”) filed an Annual GRIP adjustment for the Beaumont/East Texas Division with the City of Huntsville (“City”) to increase gas rates in the Beaumont/East Texas Division Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE (“Gas Utility Regulatory Act”) § 104.301; and WHEREAS, the Company proposed an effective date for the proposed increase of May 2, 2022, unless the City suspends the date for a period no longer than forty-five (45) days; and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City’s review of CenterPoint’s GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and WHEREAS, the City finds the need to suspend the effective date of CenterPoint’s proposed rate increase for 45 days beyond the Company’s proposed effective date until June 16, 2022 in order to review the Company’s filing for compliance with Gas Utility Regulatory Act § 104.301; and WHEREAS, the reasonableness of the Company’s investment will be reviewed in CenterPoint’s future base rate case where all costs included in CenterPoint’s GRIP filing will be subject to refund. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Page 74 of 76 Section 2. The effective date of the Company’s proposed GRIP rate increase, and the proposed tariffs related thereto, is hereby suspended until June 16, 2022. Section 3. To the extent the City finds that the rates proposed by CenterPoint’s filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on June 16, 2022. Section 4. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED this ________ day of ____________________, 2022. ______________________________ ATTEST: _________________________________ Page 75 of 76 CITY COUNCIL AGENDA 5/3/2022 Agenda Item: Executive Session - City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice on Easement Acquisition for Utilities. Initiating Department/Presenter: City Attorney Presenter: Leonard Schneider, City Attorney Recommended Motion: Strategic Initiative: Discussion: Previous Council Action: Financial Implications: Approvals: Leonard Schneider Rick Rudometkin Aron Kulhavy Kristy Doll Associated Information: Page 76 of 76