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10-20-2020 packet Daiquiri Beebe, Ward 1 Russell Humphrey, Ward 2 Blake Irving, Ward 3 Mayor Pro Tem Joe P. Rodriquez, Ward 4 CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor Bert Lyle, Position 1 At-Large Dee Howard Mullins, Position 2 At-Large Clyde D. Loll, Position 3 At-Large Mari Montgomery, Position 4 At-Large HUNTSVILLE CITY COUNCIL AGENDA TUESDAY, OCTOBER 20, 2020 WORKSHOP 4:30 P.M. HUNTSVILLE PUBLIC LIBRARY, 1219 13th STREET, HUNTSVILLE, TEXAS 77340 REGULAR SESSION 6:00 P.M. IN CITY COUNCIL CHAMBERS, HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340 City hall will implement 6-foot social distancing for those in attendance. The City reserves the right to take temperatures of those wanting to attend and requires attendees to wear face masks. The City reserves the right to deny access to the meeting because of the above requirements for the safety of its citizens. For those who cannot attend because of the social distancing requirements or for the reasons listed above, the meeting will be broadcast live on the City website at www.HuntsvilleTX.gov/Meetings or on Facebook. The meeting will be recorded, and such recordings will be made available on the City website at www.HuntsvilleTX.gov. Persons with disabilities who plan to attend this meeting and who 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 [4:30 P.M.] The City Council will hold a joint workshop with Planning Commission to hear progress on the update of the “Huntsville Horizon” Comprehensive Plan. 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 – Extra Mile Day and Chamber Week 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. Approve the minutes of the City Council meetings held on October 6, 2020. [Brenda Poe, City Secretary] b. Consider the purchase of hardware and services for an upgrade to the City’s core data and server storage infrastructure. [Bill Wavra, IT Director] c. Consider adoption of Resolution establishing Walker County Appraisal District Fiscal Year. [Brenda Poe, City Secretary] 2. STATUTORY AGENDA a. FIRST READING - Consider authorizing the City Manager to award the construction for FY 2019-2020 Miscellaneous Waterline Replacement Projects (Nos. 20-10-01, 20-10-02 and 20-10-03), first reading. [Y. S. “Ram” Ramachandra, City Engineer] b. Consider approving the Use of Reclaimed Water Agreement between City of Huntsville and Sam Houston State University. [Brent S. Sherrod, P.E., Director of Public Works] 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. FIRST READING - Consider an ordinance amending the code of ordinances of the City of Huntsville, Chapter 90, “Traffic and Vehicles” by revising and updating Article VII, Regulation of Golf Carts regulating the use of golf carts on public streets or highways within the City Limits, first reading. [Joe Rodriquez, Mayor Pro Tem] b. Consider a request from the HEARTS museum for participation in the replica of the Vietnam Veterans War Memorial. [Joe Rodriquez, Mayor Pro Tem] 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 submitted. 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA 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.) 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with legal counsel on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with chapter 551 relating to and for the purpose of attorney-client communications concerning the City of Huntsville New Police Headquarters and Fire Station #2/Fire Administration Building Project. b. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.087 - deliberation regarding economic development negotiation, in reference to Project Lego. c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal matters regarding a Mobile Food Vendor Court on property located at 275 FM 247. d. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Manager Aron Kulhavy. 8. RECONVENE Take action on items 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. CERTIFICATE I, Brenda Poe, City Secretary, do hereby certify that a copy of the October 20, 2020 City Council agenda 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: 10/15/2020 TIME OF POSTING: 12:15 pm ____________________________ TAKEN DOWN: Brenda Poe, City Secretary Brenda Poe MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 6th DAY OF SEPTEMBER 2020, 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 a regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Blake Irving, Russell Humphrey, Dee Howard Mullins (arrived at 5:43 p.m.), Bert Lyle, Joe P. Rodriquez, Andy Brauninger, Clyde D. Loll, Mari Montgomery COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City Attorney WORKSHOP [4:30 P.M.] The City Council heard a presentation by Randall Scott regarding the design of City Hall for Bond Proposition 2 concerning Council Chamber designs and drive thru payment options. 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 Irving gave the invocation and Mayor Brauninger led the pledges. PROCLAMATION – HISD Dyslexia Month presented to Sara Williams from Huntsville ISD. 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. Approve the minutes of the City Council meeting held on September 14 and 15, 2020. [Brenda Poe, City Secretary] b. Consider continued phone and data services with Verizon Wireless through the State of Texas Department of Information Resources (DIR) contract. [Bill Wavra, IT Director] c. Consider renewal of annual software maintenance with Tyler Technologies for Finance and Public Safety. [Bill Wavra, IT Director] d. Consider adoption of Ordinance 2021-02 to amend the budget for FY 20-21 and/or CIP Project budgets. [Steve Ritter, Finance Director] e. Consider approving the Payment Agreement with Walker County Appraisal District. [Steve Ritter, Finance Director] Councilmember Montgomery made a motion to approve the consent agenda; the motion was seconded by Councilmember Loll. The motion was adopted, 9-0. 2. STATUTORY AGENDA a. FIRST READING - Consider authorizing the City Manager to enter into a Utility Agreement with Texas Department of Transportation (TxDOT) for relocating water and sewer lines along and across IH-45 within the City limits. [Y. S. “Ram” Ramachandra, City Engineer] Mayor Brauninger announced the item was a first reading per City Attorney recommendation. Ram Ramachandra spoke on the issue. Councilmember Humphrey asked if second reading could be waived. Councilmember Humphrey made a motion to waive the second reading and authorize the City Manager to enter into a Utility Agreement with Texas Department of Transportation (TxDOT) for relocating water and sewer lines along and across IH-45 within City limits; the motion was seconded by Councilmember Lyle. The motion was adopted, 9-0. b. Consider approving an Amendment to the Option to Purchase and Agreement to Pursue Water Supply between City of Huntsville and Montgomery County Municipal Utility Districts Number 8 and 9. [Brent S. Sherrod, P.E., Director of Public Works] Mayor Pro Tem Rodriquez made a motion to approve an Amendment to the Option to Purchase and Agreement to Pursue Water Supply between City of Huntsville and Montgomery County Municipal Utility Districts Number 8 and 9; the motion was seconded by Councilmember Montgomery. The motion was adopted, 9-0. c. Consider approving the Use of Reclaimed Water Agreement between City of Huntsville and Sam Houston State University. [Brent S. Sherrod, P.E., Director of Public Works] Councilmember Loll made a motion to approve the use of reclaimed water agreement between the City of Huntsville and Sam Houston State University; the motion was seconded by Councilmember Lyle. Councilmember Irving made a motion to table the item until the October 20, 2020 meeting; the motion was seconded by Councilmember Montgomery. The motion to table was adopted, 9-0. 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger, Mayor] The Mayor moved his nominations as presented. The motion was adopted, 9-0. Huntsville Arts Commission – John Escobedo Main Street Advisory Board – Malissa Williams Planning Commission – Kaylea Williams Board of Adjustments and Appeals – JW Driver and Nathan Winkelmann 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 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 announced early voting for the November 3rd election will begin on October 13 and run through October 30th. All early voting will take place at the Walker County Storm Shelter on 75 North. I want to encourage citizens of Home Sweet Huntsville to get out and vote. Councilmember Beebe thanked the Huntsville Police Department for participating where they could tonight in the National Night Out campaign. Social distancing and the safety of our officers and citizens is very important and making the time to be seen in our neighborhoods with caravans has been wonderful. Councilmember Humphrey reminded the public that the Huntsville Fire Department is made up of full time and volunteer firefighters. The department is currently in search of new volunteers. Application can be made online at HuntsvilleTX.gov under employment. Volunteers are paid $12 per call. The department also hosts a bunker program for college students. If you are interested in learning more about either program, call 936- 291-5944. Councilmember Montgomery spoke about the FREE drive-thru COVID testing continues at the Huntsville Memorial Hospital Clinic Monday through Friday from 4-8 pm and Saturday and Sunday 8am-noon at 125 Medical Park Drive. Registration is not required but helpful to get through the processing. Call 936-293-4619 for more information or drive through today. Councilmember Howard added that the Huntsville Church of Christ, located at 3737 Highway 30, is offering counseling services to local citizens during this very difficult time. Call 936-295-3884 for more information. 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with legal counsel on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with chapter 551 relating to and for the purpose of attorney-client communications concerning the City of Huntsville New Police Headquarters and Fire Station #2/Fire Administration Building Project. b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal matters regarding a Mobile Food Vendor Court on property located at 275 FM 247. c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Judge John Gaines. d. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Attorney Leonard Schneider. e. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Manager Aron Kulhavy. The Council convened into Executive Session at 6:51 p.m. 8. RECONVENE The Council reconvened at 9:59 p.m. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 9:59 pm Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Andy Brauninger, Mayor Agenda Item #1b Item/Subject: Consider the purchase of hardware and services for an upgrade to the City’s core data and server storage infrastructure. Initiating Department/Presenter: Information Technology Presenter: Bill Wavra, IT Director Recommended Motion: Move to approve the purchase of hardware and services for upgrades to the City’s core data and server storage infrastructure in the amount of $184,631.51. 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: Critical server and data storage equipment is due for replacement. This equipment houses most of the City’s essential servers. These servers provide numerous City services including but not limited to Utility Billing, Police, Court, Finance, Document Management, Websites, and Phone operations. Current production equipment has exceeded its support and warranty and is considered “end of life” by the manufacturer. Replacement of this hardware will restore reliability and support and increase staff efficiency. FreeIT Data Solutions is a member of the State of Texas Cooperative DIR, and they are in good standing under contract #DIR-TSO-416. Upon completion of the install, the City is issued a 5-year warranty for all equipment. Previous Council Action: The devices being replaced were approved by Council, as part of the server replacement schedule, on 10/14/14. Financial Implications: ☒Item is budgeted: 309-655-69020 In the amount of $ 227,119.31 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • FreeIT Data Solutions quote provided in executive packet 10/20/20 Agenda Item: 1b CITY COUNCIL AGENDA Agenda Item #1c Item/Subject: Consider adoption of Resolution establishing Walker County Appraisal District Fiscal Year. Initiating Department/Presenter: City Secretary Presenter: Brenda Poe, City Secretary Recommended Motion: Move to adopt the Resolution establishing Walker County Appraisal District Fiscal Year. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Walker County Appraisal District (WCAD) is working to bring their documents into compliance with the Texas Comptroller's Methods and Assistance Program (MAP) Review requirements. The previous resolutions have all been requested in an attempt to ensure the various practices the WCAD has operated under for many years are officially recognized by the Comptroller's office in the next MAP Review cycle. The resolutions have addressed practices the Appraisal District has followed since creation. The WCAD Directors approved the request to formalize the matter at the last Board meeting, held September 17, 2020 and a copy of that resolution is attached. Much like the previous resolutions, tonight’s resolution addresses yet another WCAD operational practice that has been in place for many years and would require NO CHANGE to your operations. If approved by the governing body, the attached resolution would confirm what has served as the WCAD’s fiscal year for more than 20 years; September 1 through August 31, formalizing the historical agreement by resolution and would bring the WCAD's records into compliance. Previous Council Action: None. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Resolution 2021-01 – Defining WCAD Fiscal Year • WCAD approved Resolution 10/20/20 Agenda Item: 1c CITY COUNCIL AGENDA STATE OF TEXAS § COUNTY OF WALKER § RESOLUTION 2021-01 REGARDING WALKER COUNTY APPRAISAL DISTRICT FISCAL YEAR WHEREAS, the Walker County Appraisal District fiscal year has historically begun on September 1 and ended on August 31, and WHEREAS, the City Council of the City of Huntsville (“Council”) has determined that the Walker County Appraisal District fiscal year should continue to begin on September 1 and end on August 31. NOW THEREFORE, BE IT RESOLVED that Council hereby ratifies the Walker County Appraisal District fiscal year beginning on September 1 and ending on August 31. BE IT FURTHER RESOLVED that to the extent this action is required to follow Texas Tax Code section 6.06(i), Council hereby proposes that the Walker County Appraisal District fiscal year begins on September 1 and ends on August 31. BE IT FURTHER RESOLVED that the Secretary is hereby directed to deliver a written copy of this resolution to the Secretary of the Board of Directors of the Walker County Appraisal District. ADOPTED this 20th day of October 2020 by the City Council of the City of Huntsville. THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney STATE OF TEXAS § COUNTY OF WALKER § RESOLUTION REGARDING WALKER COUNTY APPRAISAL DISTRICT FISCAL YEAR WHEREAS, the Walker County Appraisal District fiscal year has historically begun on September 1 and ended on August 31, and WHEREAS, the Board of Directors has determined that the Walker County Appraisal District fiscal year should continue to begin on September 1 and end on August 31. NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Walker County Appraisal District hereby ratifies the Walker County Appraisal District fiscal year beginning on September 1 and ending on August 31. BE IT FURTHER RESOLVED that to the extent this action is required to follow Texas Tax Code section 6.06(i), the Board of Directors of the Walker County Appraisal District hereby proposes that the Walker County Appraisal District fiscal year begins on September 1 and ends on August 31. BE IT FURTHER RESOLVED that the Secretary of the Board of Directors is hereby directed to deliver a written copy of this resolution to the presiding officer of each taxing unit entitled to vote on the appointment of Directors. ADOPTED this 17 fh day of SF/J 1Er11 B;;-te-, 2020 by the Board of Directors of the Walker County Appraisal District. Chairman ATTEST: ~~ Secretary Agenda Item #2a Item/Subject: FIRST READING - Consider authorizing the City Manager to award the construction for FY 2019-2020 Miscellaneous Waterline Replacement Projects (Nos. 20-10-01, -02 & -03), first reading. Initiating Department/Presenter: Engineering Presenter: Y. S. “Ram” Ramachandra, City Engineer Recommended Motion: FIRST READING, NO ACTION IS NEEDED 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 subject project consists of replacing deteriorated waterline segments at the following locations: A) 15th Street (University Ave to Ave J) - Replace approximately 550 LF of 12” waterline B) 15th Street (Ave I to Bearkat Blvd) - Replace approximately 1,100 LF of 8” with 12” waterline C) Avenue R (17th Street to 16th Street) - Replace approximately 650 LF of 6” waterline D) Gazebo Street - Replace approximately 2,600 LF of 3” with 6” waterline Funding for design and construction of all the above segments were made available with the approval of capital improvement program projects for FY 2019-2020 budget. Location of the above project segments are shown in the map included in this agenda item. Schaumburg & Polk, Inc., Houston, TX was retained by the City for providing professional engineering services consisting of detail engineering design, bidding and limited construction support services for these projects. Notice to Bidders was advertised on September 19, 2020, upon completion of the design. Notice requesting bids was posted on the Huntsville Item and the City of Huntsville websites. Also, the notice, project drawings, and contract documents were posted on the Electronic State Business Daily (ESBD) and Public Purchase websites. Hard copies of the bid documents were available for review at the Service Center and were sent to potential bidders on request. A non-mandatory pre-bid meeting was held on September 29, 2020, to allow all responders access to the City staff for questions, comments, and clarifications on the scope of work. The bids were opened on October 7, 2020. Nine (9) bidders submitted bids for this project. The certified bid tabulation is included in this agenda item. Elliott Construction, LLC, Bryan, TX is the low bidder with the Base Bid plus Alternate Bid in the amount of $416,307.25. The current balance in the budget for this item is $490,590. No additional utility easements were required for the project. This is the first construction project that Elliott Construction, LLC will be working on for the City of Huntsville. Reference verification on past projects that Elliott Construction, LLC worked on for other 10/20/2020 Agenda Item: 2a CITY COUNCIL AGENDA Agenda Item #2a owners (City of College Station and City of Bryan) have come out positive. A letter of recommendation from the engineer-of-record is included in this agenda item. The construction contract period will be 150 calendar days from the date of the Notice to Proceed (NTP). Previous Council Action: a) The City Council approved $555,000 in FY 2019-2020 budget for design and construction of these project segments. b) The City Council awarded professional engineering services to Schaumburg & Polk, Inc. in the amount of $64,410 on April 7, 2020 meeting. Financial Implications: ☒Item is budgeted: 703-70319-62300 - Current balance is $265,220 703-70320-62300 - Current balance is $ 70,982 703-70321-62300 -Current balance is $154,388 ------------------------ TOTAL → $490,590 ------------------------ Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: • Location Map • Letter of recommendation of award • Certified bid tab UV2821 UV1791 UV1374 UV247 UV1374 UV1791N Æÿ75 Æÿ30 Æÿ30 Æÿ30Æÿ75 Æÿ30 Æÿ30 Æÿ30 §¨¦45 §¨¦45 §¨¦45 §¨¦45 Spring Lake Club Lake CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 3/30/2020 LOCATION MAP - MISCELLANEOUS WATERLINE REPLACEMENTPROJECTS - FY 2019-2020 1 in = 3,000 ft 0 3,000 6,0001,500 Feet On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: The City of Huntsville, TX 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/438/City-Maps PROPOSED 12" WATERLINEREPLACEMENT FROMUNIVERSITY AVE TO AVE J LEGEND PROPOSED WATERLINE REPLACEMENT SEGMENTS CITY LIMITS PROPOSED 12" WATERLINEREPLACEMENT FROMAVE I TO BEARKAT BLVD PROPOSED WATERLINE REPLACEMENTFROM 3" TO 6" ALONG GAZEBO ST PROPOSED 6" WATERLINEAVE R, BEGINNING AT 17TH ST October 12, 2020 Y. S. "Ram" Ramachandra, P.E., CFM City Engineer City of Huntsville 448 State Highway 75 North Huntsville, Texas 77320 Re: Bid Results for FY 19-20 Miscellaneous Waterline Replacement Project City of Huntsville Project ID # 20-10-01, 20-10-02, 20-10-03 SPI Project No. 301611.00 Dear Mr. Ramachandra: On October 7, 2020, the City of Huntsville received bids for the above-referenced project. Nine (9) contractors submitted bid proposals for the project. Enclosed is the bid tabulation prepared by our office of all bids received. Our review of the tabulation indicates that Elliott Construction, LLC (located in Bryan, Texas) is the low bidder with a base bid of $415,357.25 and a bid of $950 for the Alternative Bid Item, for a total bid of $416,301.25. Listed below is a tabular summary of the base bids and bid alternatives received: Please note that our evaluation of the bids included a review of the detailed pricing and conducting a reference check, but did not include a detailed review of insurance, financial statements, bid bonds, etc. Reference information provided with Elliott Construction, LLC’s bid documents were for materials suppliers. Elliott Construction has not worked on City of Huntsville projects in the past. SPI contacted Elliott Construction for information related to their municipal clients, and the cities of Bryan and College Station were named as regular clients. Contractor Base Bid Amount Base Bid Amount + Alternative Bid Item (1) Elliott Construction, LLC 415,357.25$ 416,307.25$ (2) 5‐T Utilities 475,287.33$ 478,137.33$ (3) TX Pride Utilities 490,550.00$ 491,500.00$ (4) Reddico Construction 490,652.00$ 492,932.00$ (5) Underground Construction Solutions 499,912.00$ 507,512.00$ (6) Person Services 541,517.50$ 544,067.30$ (7) Duplichain Contractors 617,677.00$ 628,127.00$ (8) Palasota Contracting 722,392.00$ 724,292.00$ (9) Aranda Industries 764,676.00$ 766,576.00$ Representatives from both cities confirmed that Elliott has completed similar projects for their cities, and that they were happy with their work. We recommend that the low bidder, Elliott Construction, LLC, be awarded the contract for the FY 19-20 Miscellaneous Waterline Replacement Project (COHPID # 20-10-01, 20-10-02, 20-10- 03) based on their low bid. If you have any questions, please feel free to contact me at 281-920-0487. Sincerely, Erin L. Knesek, P.E. Project Manager Enclosure Bid TabulationItem No.Description Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price1 Mobilization 1 LS 25,000.00$ 25,000.00$ 22,630.35$ 22,630.35$ 12,000.00$ 12,000.00$ 2Trench Safety System, complete in place 2,643 LF 0.25$ 660.75$ 2.00$ 5,286.00$ 1.00$ 2,643.00$ 3 SWPPP, complete in place 1 LS 3,000.00$ 3,000.00$ 5,500.00$ 5,500.00$ 4,000.00$ 4,000.00$ 4Traffic Control, including but not limited to signage, control devices, temporary drainage, paving, etc., complete in place1 LS 3,500.00$ 3,500.00$ 10,000.00$ 10,000.00$ 4,000.00$ 4,000.00$ 5Clear and Grub Along Proposed Waterline Alignment as needed to complete waterline installation, including but not limited to grass, shrubs, bushes, trees of all sizes, complete in place3,185 LF 0.50$ 1,592.50$ 8.50$ 27,072.50$ 2.00$ 6,370.00$ 6Remove and Replace Type C Storm Sewer Inlet, complete in place 2 EA 5,400.00$ 10,800.00$ 5,250.00$ 10,500.00$ 5,000.00$ 10,000.00$ 7Remove and Replace Concrete Flume, complete in place 2 EA 500.00$ 1,000.00$ 5,000.00$ 10,000.00$ 2,000.00$ 4,000.00$ 8Roadway Pavement Removal and Replacement, all pavement materials, thicknesses, etc. Replace to match existing, and in accordance with construction specifications and details, complete in place442 SY 58.00$ 25,636.00$ 55.00$ 24,310.00$ 40.00$ 17,680.00$ 9Recycled Crushed Concrete Base Driveway Removal and Replacement, complete in place1,589 SF 3.00$ 4,767.00$ 10.00$ 15,890.00$ 28.00$ 44,492.00$ 10Concrete Driveway/Sidewalk Pavement Removal and Replacement, complete in place149 SF 15.00$ 2,235.00$ 25.00$ 3,725.00$ 65.00$ 9,685.00$ 11 Asphalt Driveway Pavement Removal and Replacement, complete in place 174 SF 25.00$ 4,350.00$ 30.00$ 5,220.00$ 40.00$ 6,960.00$ 12 12" Water Main, Open‐Cut Construction, complete in place* 1,405 LF 60.00$ 84,300.00$ 55.50$ 77,977.50$ 50.00$ 70,250.00$ 13 6" Water Main, Open‐Cut Construction, complete in place* 2,623 LF 31.00$ 81,313.00$ 19.24$ 50,466.52$ 40.00$ 104,920.00$ 14 12" Water Main in 20" Steel Casing, complete in place* 159 LF 162.00$ 25,758.00$ 162.21$ 25,791.39$ 180.00$ 28,620.00$ 15 6" Water Main in 20" Steel Casing, complete in place* 20 LF 130.00$ 2,600.00$ 145.06$ 2,901.20$ 160.00$ 3,200.00$ 166" Water Main by Trenchless Construction using Directional Drilling, complete in place*690 LF 52.00$ 35,880.00$ 47.69$ 32,906.10$ 68.00$ 46,920.00$ 17 12" Wet connection complete in place 2 EA 1,850.00$ 3,700.00$ 2,298.67$ 4,597.34$ 2,000.00$ 4,000.00$ 18 8" Wet connection, complete in place 1 EA 1,500.00$ 1,500.00$ 2,170.00$ 2,170.00$ 1,500.00$ 1,500.00$ 19 2" Wet connection, complete in place 1 EA 800.00$ 800.00$ 1,034.45$ 1,034.45$ 1,000.00$ 1,000.00$ 20 8"X8" Tapping sleeve and valve, complete in place 2 EA 2,980.00$ 5,960.00$ 3,155.70$ 6,311.40$ 4,500.00$ 9,000.00$ 21 8"X6" Tapping sleeve and valve, complete in place 1 EA 2,100.00$ 2,100.00$ 2,644.19$ 2,644.19$ 4,200.00$ 4,200.00$ 22 6"X6" Tapping sleeve and valve, complete in place 2 EA 1,725.00$ 3,450.00$ 2,690.29$ 5,380.58$ 4,200.00$ 8,400.00$ (1) (2) (3)COH ID 20‐10‐01, 20‐10‐02, 20‐10‐03FY 19‐20 Miscellaneous Waterline Replacement ProjectElliott Construction, LLCDate: 10/7/2020Time 02:00 p.m. Central Standard Time5‐T Utilities TX Pride Utilities Bid TabulationItem No.Description Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price(1) (2) (3)COH ID 20‐10‐01, 20‐10‐02, 20‐10‐03FY 19‐20 Miscellaneous Waterline Replacement ProjectElliott Construction, LLCDate: 10/7/2020Time 02:00 p.m. Central Standard Time5‐T Utilities TX Pride Utilities23 12" Gate Valve and Box, complete in place 4 EA 2,660.00$ 10,640.00$ 3,029.80$ 12,119.20$ 2,800.00$ 11,200.00$ 24 6" Gate Valve and Box, complete in place 2 EA 1,050.00$ 2,100.00$ 1,288.49$ 2,576.98$ 2,200.00$ 4,400.00$ 25 Fire Hydrant Assembly, complete in place 6 EA 3,615.00$ 21,690.00$ 5,808.73$ 34,852.38$ 3,600.00$ 21,600.00$ 26 6" Fire Hydrant Lead, all installation methods, complete in place 39 LF 60.00$ 2,340.00$ 55.43$ 2,161.77$ 40.00$ 1,560.00$ 27 12" Cut, Plug and Abandon, complete in place 3 EA 300.00$ 900.00$ 1,072.15$ 3,216.45$ 1,000.00$ 3,000.00$ 28 8" Cut, Plug and Abandon, complete in place 3 EA 280.00$ 840.00$ 1,041.93$ 3,125.79$ 800.00$ 2,400.00$ 29 6" Cut, Plug and Abandon, complete in place 2 EA 200.00$ 400.00$ 828.28$ 1,656.56$ 600.00$ 1,200.00$ 30 3" Cut, Plug and Abandon, complete in place 1 EA 185.00$ 185.00$ 817.55$ 817.55$ 500.00$ 500.00$ 31 2" Cut, Plug and Abandon, complete in place 1 EA 150.00$ 150.00$ 813.88$ 813.88$ 300.00$ 300.00$ 32 Automatic Flush Valve, complete in place 1 EA 3,820.00$ 3,820.00$ 5,525.94$ 5,525.94$ 4,500.00$ 4,500.00$ 33 Short Side Service Connection (1"), complete in place 3 EA 545.00$ 1,635.00$ 802.24$ 2,406.72$ 800.00$ 2,400.00$ 34 Short Side Service Connection (3/4" ), complete in place 29 EA 525.00$ 15,225.00$ 661.81$ 19,192.49$ 450.00$ 13,050.00$ 35 Long Side Service Connection (1"), complete in place 3 EA 1,085.00$ 3,255.00$ 1,382.32$ 4,146.96$ 1,200.00$ 3,600.00$ 36 Long Side Service Connection (3/4"), complete in place 19 EA 1,025.00$ 19,475.00$ 1,311.06$ 24,910.14$ 600.00$ 11,400.00$ 37 Hydromulch Seeding, complete in place 1 AC 2,500.00$ 2,500.00$ 4,250.00$ 4,250.00$ 5,000.00$ 5,000.00$ 38 4" x 4" Blue Reflectorized Pavement Markers, complete in place 6 EA 50.00$ 300.00$ 200.00$ 1,200.00$ 100.00$ 600.00$ TOTAL415,357.25$ 475,287.33$ 490,550.00$ A1‐34Installation of sod in lieu of hydromulch within the trench limits along 15th Street from University Avenue to Avenue J190 SY 5.00$ 950.00$ 15.00$ 2,850.00$ 5.00$ 950.00$ Total of Base Bid and Alternative Bid Item416,307.25$ 478,137.33$ 491,500.00$ NOTE: TX Pride Utilities: a mathematical error was made on Alternative Bid Item total (Actual total is $950 based on unit price, listed total on Bid form was $8,500.00).I hereby certify that the bid tabulations contained herein were prepared by me or under my direct supervision. The individual contractors' Unit Bid Prices and Bid Amounts are the actual amounts placed on the Bid Sheet for the bidding process. Any discrepancies in the Unit Bid price and Bid Amounts are noted above.Signed, sealed and dated this 12th day of October year 2020 by Erin L. Knesek, P.E. Bid TabulationItem No.Description Quantity Unit1 Mobilization 1 LS2Trench Safety System, complete in place 2,643 LF3 SWPPP, complete in place 1 LS4Traffic Control, including but not limited to signage, control devices, temporary drainage, paving, etc., complete in place1LS5Clear and Grub Along Proposed Waterline Alignment as needed to complete waterline installation, including but not limited to grass, shrubs, bushes, trees of all sizes, complete in place3,185 LF6Remove and Replace Type C Storm Sewer Inlet, complete in place 2 EA7Remove and Replace Concrete Flume, complete in place 2 EA8Roadway Pavement Removal and Replacement, all pavement materials, thicknesses, etc. Replace to match existing, and in accordance with construction specifications and details, complete in place442 SY9Recycled Crushed Concrete Base Driveway Removal and Replacement, complete in place1,589 SF10Concrete Driveway/Sidewalk Pavement Removal and Replacement, complete in place149 SF11 Asphalt Driveway Pavement Removal and Replacement, complete in place 174 SF12 12" Water Main, Open‐Cut Construction, complete in place* 1,405 LF13 6" Water Main, Open‐Cut Construction, complete in place* 2,623 LF14 12" Water Main in 20" Steel Casing, complete in place* 159 LF15 6" Water Main in 20" Steel Casing, complete in place* 20 LF166" Water Main by Trenchless Construction using Directional Drilling, complete in place*690 LF17 12" Wet connection complete in place 2 EA18 8" Wet connection, complete in place 1 EA19 2" Wet connection, complete in place 1 EA20 8"X8" Tapping sleeve and valve, complete in place 2 EA21 8"X6" Tapping sleeve and valve, complete in place 1 EA22 6"X6" Tapping sleeve and valve, complete in place 2 EACOH ID 20‐10‐01, 20‐10‐02, 20‐10‐03FY 19‐20 Miscellaneous Waterline Replacement ProjectDate: 10/7/2020Time 02:00 p.m. CentUnit Price Extended Price Unit Price Extended Price Unit Price Extended Price41,000.00$ 41,000.00$ 20,000.00$ 20,000.00$ 34,500.00$ 34,500.00$ 0.20$ 528.60$ 1.00$ 2,643.00$ 1.00$ 2,643.00$ 1,810.00$ 1,810.00$ 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 16,580.00$ 16,580.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 3.00$ 9,555.00$ 2.00$ 6,370.00$ 1.00$ 3,185.00$ 4,300.00$ 8,600.00$ 6,000.00$ 12,000.00$ 2,000.00$ 4,000.00$ 500.00$ 1,000.00$ 1,000.00$ 2,000.00$ 1,500.00$ 3,000.00$ 142.00$ 62,764.00$ 50.00$ 22,100.00$ 105.00$ 46,410.00$ 8.60$ 13,665.40$ 5.00$ 7,945.00$ 3.50$ 5,561.50$ 9.00$ 1,341.00$ 50.00$ 7,450.00$ 25.00$ 3,725.00$ 38.00$ 6,612.00$ 50.00$ 8,700.00$ 25.00$ 4,350.00$ 48.00$ 67,440.00$ 58.00$ 81,490.00$ 69.00$ 96,945.00$ 24.00$ 62,952.00$ 38.00$ 99,674.00$ 44.00$ 115,412.00$ 160.00$ 25,440.00$ 180.00$ 28,620.00$ 150.00$ 23,850.00$ 148.00$ 2,960.00$ 165.00$ 3,300.00$ 125.00$ 2,500.00$ 86.00$ 59,340.00$ 38.00$ 26,220.00$ 44.00$ 30,360.00$ 870.00$ 1,740.00$ 1,800.00$ 3,600.00$ 1,500.00$ 3,000.00$ 660.00$ 660.00$ 1,800.00$ 1,800.00$ 800.00$ 800.00$ 300.00$ 300.00$ 800.00$ 800.00$ 400.00$ 400.00$ 3,575.00$ 7,150.00$ 5,000.00$ 10,000.00$ 4,320.00$ 8,640.00$ 2,950.00$ 2,950.00$ 5,000.00$ 5,000.00$ 3,500.00$ 3,500.00$ 3,000.00$ 6,000.00$ 5,000.00$ 10,000.00$ 3,360.00$ 6,720.00$ (6)(4) (5)Reddico Construction Underground Construction Solutions Person Services Bid TabulationItem No.Description Quantity UnitCOH ID 20‐10‐01, 20‐10‐02, 20‐10‐03FY 19‐20 Miscellaneous Waterline Replacement ProjectDate: 10/7/2020Time 02:00 p.m. Cent23 12" Gate Valve and Box, complete in place 4 EA24 6" Gate Valve and Box, complete in place 2 EA25 Fire Hydrant Assembly, complete in place 6 EA26 6" Fire Hydrant Lead, all installation methods, complete in place 39 LF27 12" Cut, Plug and Abandon, complete in place 3 EA28 8" Cut, Plug and Abandon, complete in place 3 EA29 6" Cut, Plug and Abandon, complete in place 2 EA30 3" Cut, Plug and Abandon, complete in place 1 EA31 2" Cut, Plug and Abandon, complete in place 1 EA32 Automatic Flush Valve, complete in place 1 EA33 Short Side Service Connection (1"), complete in place 3 EA34 Short Side Service Connection (3/4" ), complete in place 29 EA35 Long Side Service Connection (1"), complete in place 3 EA36 Long Side Service Connection (3/4"), complete in place 19 EA37 Hydromulch Seeding, complete in place 1 AC38 4" x 4" Blue Reflectorized Pavement Markers, complete in place 6 EATOTALA1‐34Installation of sod in lieu of hydromulch within the trench limits along 15th Street from University Avenue to Avenue J190 SYTotal of Base Bid and Alternative Bid ItemNOTE: TX Pride Utilities: a mathematical error was made on Alternative Bid Item total (Actual total is $950Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price(6)(4) (5)Reddico Construction Underground Construction Solutions Person Services2,525.00$ 10,100.00$ 3,500.00$ 14,000.00$ 2,668.00$ 10,672.00$ 1,000.00$ 2,000.00$ 1,800.00$ 3,600.00$ 1,560.00$ 3,120.00$ 3,980.00$ 23,880.00$ 3,600.00$ 21,600.00$ 4,626.00$ 27,756.00$ 30.00$ 1,170.00$ 20.00$ 780.00$ 50.00$ 1,950.00$ 575.00$ 1,725.00$ 600.00$ 1,800.00$ 500.00$ 1,500.00$ 440.00$ 1,320.00$ 600.00$ 1,800.00$ 400.00$ 1,200.00$ 420.00$ 840.00$ 600.00$ 1,200.00$ 300.00$ 600.00$ 274.00$ 274.00$ 300.00$ 300.00$ 100.00$ 100.00$ 210.00$ 210.00$ 300.00$ 300.00$ 100.00$ 100.00$ 5,410.00$ 5,410.00$ 4,000.00$ 4,000.00$ 6,500.00$ 6,500.00$ 685.00$ 2,055.00$ 1,100.00$ 3,300.00$ 1,200.00$ 3,600.00$ 635.00$ 18,415.00$ 1,100.00$ 31,900.00$ 1,050.00$ 30,450.00$ 950.00$ 2,850.00$ 2,000.00$ 6,000.00$ 2,100.00$ 6,300.00$ 875.00$ 16,625.00$ 2,000.00$ 38,000.00$ 2,000.00$ 38,000.00$ 1,800.00$ 1,800.00$ 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 265.00$ 1,590.00$ 20.00$ 120.00$ 28.00$ 168.00$ 490,652.00$ 499,912.00$ 541,517.50$ 12.00$ 2,280.00$ 40.00$ 7,600.00$ 13.42$ 2,549.80$ 492,932.00$ 507,512.00$ 544,067.30$ Bid TabulationItem No.Description Quantity Unit1 Mobilization 1 LS2Trench Safety System, complete in place 2,643 LF3 SWPPP, complete in place 1 LS4Traffic Control, including but not limited to signage, control devices, temporary drainage, paving, etc., complete in place1LS5Clear and Grub Along Proposed Waterline Alignment as needed to complete waterline installation, including but not limited to grass, shrubs, bushes, trees of all sizes, complete in place3,185 LF6Remove and Replace Type C Storm Sewer Inlet, complete in place 2 EA7Remove and Replace Concrete Flume, complete in place 2 EA8Roadway Pavement Removal and Replacement, all pavement materials, thicknesses, etc. Replace to match existing, and in accordance with construction specifications and details, complete in place442 SY9Recycled Crushed Concrete Base Driveway Removal and Replacement, complete in place1,589 SF10Concrete Driveway/Sidewalk Pavement Removal and Replacement, complete in place149 SF11 Asphalt Driveway Pavement Removal and Replacement, complete in place 174 SF12 12" Water Main, Open‐Cut Construction, complete in place* 1,405 LF13 6" Water Main, Open‐Cut Construction, complete in place* 2,623 LF14 12" Water Main in 20" Steel Casing, complete in place* 159 LF15 6" Water Main in 20" Steel Casing, complete in place* 20 LF166" Water Main by Trenchless Construction using Directional Drilling, complete in place*690 LF17 12" Wet connection complete in place 2 EA18 8" Wet connection, complete in place 1 EA19 2" Wet connection, complete in place 1 EA20 8"X8" Tapping sleeve and valve, complete in place 2 EA21 8"X6" Tapping sleeve and valve, complete in place 1 EA22 6"X6" Tapping sleeve and valve, complete in place 2 EACOH ID 20‐10‐01, 20‐10‐02, 20‐10‐03FY 19‐20 Miscellaneous Waterline Replacement ProjectDate: 10/7/2020Time 02:00 p.m. CentUnit Price Extended Price Unit Price Extended Price Unit Price Extended Price29,500.00$ 29,500.00$ 50,000.00$ 50,000.00$ 45,000.00$ 45,000.00$ 2.00$ 5,286.00$ 1.00$ 2,643.00$ 1.00$ 2,643.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 3,500.00$ 3,500.00$ 15,000.00$ 15,000.00$ 2,000.00$ 2,000.00$ 7,500.00$ 7,500.00$ 1.00$ 3,185.00$ 1.00$ 3,185.00$ 2.00$ 6,370.00$ 2,500.00$ 5,000.00$ 5,000.00$ 10,000.00$ 7,500.00$ 15,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 4,000.00$ 3,500.00$ 7,000.00$ 140.00$ 61,880.00$ 511.00$ 225,862.00$ 100.00$ 44,200.00$ 4.00$ 6,356.00$ 2.00$ 3,178.00$ 6.00$ 9,534.00$ 25.00$ 3,725.00$ 20.00$ 2,980.00$ 6.00$ 894.00$ 20.00$ 3,480.00$ 60.00$ 10,440.00$ 9.00$ 1,566.00$ 90.00$ 126,450.00$ 65.00$ 91,325.00$ 103.00$ 144,715.00$ 25.00$ 65,575.00$ 33.00$ 86,559.00$ 63.00$ 165,249.00$ 210.00$ 33,390.00$ 180.00$ 28,620.00$ 289.00$ 45,951.00$ 200.00$ 4,000.00$ 140.00$ 2,800.00$ 268.00$ 5,360.00$ 55.00$ 37,950.00$ 65.00$ 44,850.00$ 146.00$ 100,740.00$ 4,000.00$ 8,000.00$ 2,000.00$ 4,000.00$ 1,863.00$ 3,726.00$ 3,500.00$ 3,500.00$ 1,500.00$ 1,500.00$ 1,430.00$ 1,430.00$ 3,500.00$ 3,500.00$ 800.00$ 800.00$ 1,300.00$ 1,300.00$ 5,100.00$ 10,200.00$ 4,500.00$ 9,000.00$ 6,955.00$ 13,910.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 6,305.00$ 6,305.00$ 4,200.00$ 8,400.00$ 4,000.00$ 8,000.00$ 5,655.00$ 11,310.00$ (7) (8) (9)Aranda IndustriesPalasota Contracting Duplichain Contractors Bid TabulationItem No.Description Quantity UnitCOH ID 20‐10‐01, 20‐10‐02, 20‐10‐03FY 19‐20 Miscellaneous Waterline Replacement ProjectDate: 10/7/2020Time 02:00 p.m. Cent23 12" Gate Valve and Box, complete in place 4 EA24 6" Gate Valve and Box, complete in place 2 EA25 Fire Hydrant Assembly, complete in place 6 EA26 6" Fire Hydrant Lead, all installation methods, complete in place 39 LF27 12" Cut, Plug and Abandon, complete in place 3 EA28 8" Cut, Plug and Abandon, complete in place 3 EA29 6" Cut, Plug and Abandon, complete in place 2 EA30 3" Cut, Plug and Abandon, complete in place 1 EA31 2" Cut, Plug and Abandon, complete in place 1 EA32 Automatic Flush Valve, complete in place 1 EA33 Short Side Service Connection (1"), complete in place 3 EA34 Short Side Service Connection (3/4" ), complete in place 29 EA35 Long Side Service Connection (1"), complete in place 3 EA36 Long Side Service Connection (3/4"), complete in place 19 EA37 Hydromulch Seeding, complete in place 1 AC38 4" x 4" Blue Reflectorized Pavement Markers, complete in place 6 EATOTALA1‐34Installation of sod in lieu of hydromulch within the trench limits along 15th Street from University Avenue to Avenue J190 SYTotal of Base Bid and Alternative Bid ItemNOTE: TX Pride Utilities: a mathematical error was made on Alternative Bid Item total (Actual total is $950Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price(7) (8) (9)Aranda IndustriesPalasota Contracting Duplichain Contractors3,500.00$ 14,000.00$ 3,300.00$ 13,200.00$ 3,077.00$ 12,308.00$ 2,000.00$ 4,000.00$ 1,000.00$ 2,000.00$ 1,612.00$ 3,224.00$ 5,700.00$ 34,200.00$ 4,800.00$ 28,800.00$ 4,810.00$ 28,860.00$ 100.00$ 3,900.00$ 50.00$ 1,950.00$ 35.00$ 1,365.00$ 2,000.00$ 6,000.00$ 1,500.00$ 4,500.00$ 767.00$ 2,301.00$ 2,000.00$ 6,000.00$ 1,200.00$ 3,600.00$ 637.00$ 1,911.00$ 1,000.00$ 2,000.00$ 1,000.00$ 2,000.00$ 572.00$ 1,144.00$ 1,000.00$ 1,000.00$ 800.00$ 800.00$ 540.00$ 540.00$ 1,000.00$ 1,000.00$ 800.00$ 800.00$ 507.00$ 507.00$ 5,500.00$ 5,500.00$ 1,500.00$ 1,500.00$ 6,305.00$ 6,305.00$ 1,100.00$ 3,300.00$ 800.00$ 2,400.00$ 1,021.00$ 3,063.00$ 1,000.00$ 29,000.00$ 600.00$ 17,400.00$ 891.00$ 25,839.00$ 2,500.00$ 7,500.00$ 1,800.00$ 5,400.00$ 1,508.00$ 4,524.00$ 2,200.00$ 41,800.00$ 1,800.00$ 34,200.00$ 1,378.00$ 26,182.00$ 12,000.00$ 12,000.00$ 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$ 100.00$ 600.00$ 100.00$ 600.00$ 150.00$ 900.00$ 617,677.00$ 722,392.00$ 764,676.00$ 55.00$ 10,450.00$ 10.00$ 1,900.00$ 10.00$ 1,900.00$ 628,127.00$ 724,292.00$ 766,576.00$ Agenda Item #2b Item/Subject: Consider approving the Use of Reclaimed Water Agreement between City of Huntsville and Sam Houston State University. Initiating Department/Presenter: Public Works Presenter: Brent S. Sherrod, P.E., Director of Public Works Recommended Motion. Move to approve the Use of Reclaimed Water Agreement between City of Huntsville and Sam Houston State University. 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: Sam Houston State University (SHSU) has been working for some time on a proposed water reclamation plant for their cooling tower make up water. The proposed plant would process City of Huntsville wastewater and use the treated water for their needs. During the process of trying to get a permit from the Texas Commission on Environmental Quality (TCEQ) it became evident that the plant had to be owned and operated by the City of Huntsville (City) since they were proposing to treat City wastewater. The plant would also need to be permitted by the City under the existing permit for the A.J. Brown Treatment Plant since that is the water shed that services the area. SHSU made a presentation to City Council at a workshop before the Council Meeting last December. Since that time staff and attorneys from the City and SHSU have been working on developing a mutually acceptable agreement to present to City Council. The agreement in general provides for the City to operate the plant including applying for and obtaining the TCEQ permit. In exchange SHSU will pay all operating expenses plus 10%. Under the agreement as drafted for consideration, SHSU would retain ownership of the plant and the land where the plant is located. During the permitting process an exception will be requested to allow SHSU to own the plant. SHSU representatives will attend the meeting to answer questions about the plant. The attorney who helped draft the agreement on behalf of the City will also be available at the meeting to answer questions and provide legal advice as needed. Previous Council Action: At the City Council meeting on 12/3/2019, Council and SHSU held a workshop on the proposed Water Reclamation Plant. This item was tabled at the 10/6/20 City Council Meeting. Financial Implications: ☒Item is not budgeted and is estimated to generate additional revenue: Agreement calls for 10% of total cost. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager 10/20/2020 Agenda Item: 2b CITY COUNCIL AGENDA Agenda Item #2b Associated Information: • SHSU project information sheet • Use of Reclaimed Water Agreement Water Projected To Grow Population growth is a major contributor to water scarcity. As municipalities are roughly responsible for the consumption of one-quarter of Texas’ water supply, the state’s projected population growth will dramatically increase usage needs over the coming decades. Huntsville is no exception—expected population growth will impact consumption. According to the city’s economic development group, the most current population figure is 40,910 compared to the 2010 census count of 38,548. The five-year projection is 42,183 for the period 2015 – 2020. This represents an 11.3% increase in population over a ten-year period. Population growth not only affects consumption, it also impacts energy needs for water treatment. Energy use can account for as much as 10 percent of a local government’s annual operating budget with a significant amount of this municipal energy use occurring at water and wastewater treatment facilities. Nationally, the energy used by water and wastewater utilities accounts for 35 percent of typical U.S. municipal energy budgets and is the second largest operational cost behind labor. Saving Water Saves Money Water-energy issues are of growing importance in the context of water shortages, higher energy and material costs, and the environment. Economically, it is in the best interest for utilities to find efficiencies, both in water and energy use, in order to manage costs and help ensure the long-term sustainability of operations. These economic and environmental costs can be reduced by: • improving the energy efficiency of water and wastewater facilities’ equipment and operations • promoting the efficient use of water, and • capturing wastewater to generate chilled water. Wastewater ManagementSam Houston State University The reclamation equipment will require about 2,600 square feet of site space to house a self- contained system that includes an integral inlet screen, air supply, two-stage biological reactors, settlement SHSU: Sustainable Benefits of On-Site Renewable Energy Generation Annual reduction in water consumption of 16.3 million gallons per year Reduction of sanitary sewage discharge of 11.4 million gallons per year clarifier, disinfection unit, and process controller. The technology utilizes aerobic microbiological digestion existing on submerged fixed film media and ultraviolet disinfection as opposed to chlorination. The disinfected effluent discharge is proportional to the rate of influent provided, and automatically purges accumulated waste sludge to a sludge holding tank. Improvements in energy efficiency allow the same work to be done with less energy while improvements in water use efficiency reduce demand for water, which in turn reduces the amount of energy required to treat and distribute water. Sam Houston State University proposes to build a decentralized wastewater treatment facility directly behind the East Plant located at 1793 Avenue H. This new wastewater facility will utilize the reclaimed water for cooling. The benefits of the facility include projected annual reductions in water consumption of about 16.3 million gallons and sanitary sewage discharge of about 11.4 million gallons. Operational Efficiencies Use of Reclaimed Water Agreement Page 1 of 13 USE OF RECLAIMED WATER AGREEMENT The City of Huntsville, Texas, a home-rule city (hereinafter “City”), and Sam Houston State University, (hereinafter “User”), a member of the Texas State University System, pursuant to the Interlocal Cooperation Act, Texas Government Code Chapter 791, in mutual consideration of the provisions herein contained agree as follows: RECITALS WHEREAS, the User understands and acknowledges that it must comply with the requirements of Title 30, Chapter 210 of the Texas Administrative Code as a user of the City’s Reclaimed Water; WHEREAS, the Parties seek to enter into an arrangement for water conservation through reclamation and reuse in accordance with guidelines of the Texas Commission on Environmental Quality (“TCEQ”); WHEREAS, the Sam Houston State University will design, engineer, finance, construct, and install, a Water Reclamation Plant on the User’s property located at 1821 Robby K. Marks, Dr., Huntsville, Texas, the connections to the City’s wastewater collection system to divert wastewater for treatment and to dispose of excess Reclaimed Water, and the facilities needed to transport the reclaimed wastewater from the Point of Delivery to the point(s) of use; WHEREAS, the City has wastewater discharge permits issued by the Texas Commission on Environmental Quality (“TCEQ”), and the City intends to apply for a 30 Texas Administrative Code Chapter 210 authorization (“210 Authorization”) to operate the Plant and supply Reclaimed Water to the User; WHEREAS, the Parties intend that once the City has obtained the 210 Authorization, the City will operate the Plant and the User will be the sole user of the Type II Reclaimed Water the Plant produces. WHEREAS, the use of Reclaimed Water is intended to allow the safe utilization of Reclaimed Water for conservation of surface and ground water; to ensure the protection of public health; to protect ground and surface waters; and to help ensure an adequate supply of water resources for present and future needs; WHEREAS, the beneficial use of the Reclaimed Water by the User will benefit both the User and the City; and NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties hereto agree as follows: Use of Reclaimed Water Agreement Page 2 of 13 ARTICLE 1. DEFINITIONS. Beneficial use – An economic use of wastewater in accordance with the purposes, applicable requirements, and quality criteria of Chapter 210 of the TCEQ rules, and which takes the place of potable and/or raw water that could otherwise be needed from another source. The use of Reclaimed Water in a quantity either less than or the economically optimal amount may be considered a beneficial use as long as it does not constitute a nuisance. Chapter 210 of the TCEQ rules – Chapter 210 of Title 30 of the Texas Administrative Code as amended from time to time by the TCEQ. Executive Director – The executive director of the TCEQ, or any authorized individual designated to act for the executive director. Fiscal Year – October 1 to September 30 of each year. Nuisance – As defined by the ordinances of the City of Huntsville, and including any distribution, storage, or use of Reclaimed Water, in such concentration and of such duration that is or may tend to be injurious to or which adversely affects human health or welfare, animal life, vegetation, or property, or which interferes with the normal use and enjoyment of animal life, vegetation, or property. Party or Parties – The City of Huntsville and User. Plant – The Water Reclamation Plant located at 1821 Robby K. Marks Dr. Points of Delivery – Locations in which the Reclaimed Water is delivered by the City to the User and the points in which the User takes control of and responsibility for the Reclaimed Water. The exact locations of the Points of Delivery are described in Exhibit A attached hereto and incorporated herein. Reclaimed Water – Domestic or municipal wastewater that has been treated to a quality suitable for a beneficial use, pursuant to the provisions of Chapter 210 of Title 30 of the Texas Administrative Code and other applicable rules and permits, and which, at a minimum, meets the Type II quality criteria. Reclaimed Water Delivery Facilities – The facilities located on the User’s side of the Point of Delivery that the User uses to deliver the Reclaimed Water to its point of use, and to depose of any excess Reclaimed Water back into the City’s wastewater collection system. Reclaimed Water Treatment Facilities – The connections to the City’s wastewater collection system, lift stations, the Plant, and the facilities to convey the Reclaimed Water to the Point of Delivery, and the meter, and the Point of Delivery. Service Area – The area where User may use the Reclaimed Water for beneficial use. The exact location of the Service Area is described in Exhibit B attached hereto and incorporated herein. Use of Reclaimed Water Agreement Page 3 of 13 TCEQ – The Texas Commission on Environmental Quality and any predecessor agencies. ARTICLE 2: TRANSFER AND USE OF RECLAIMED WATER 2.01 Except as provided in section 2.02, and upon written approval by the Executive Director of the TCEQ as provided in section 3.01, the City shall provide Reclaimed Water to User at the Points of Delivery. 2.02 User shall only use the Reclaimed Water for User’s water chillers, watering grounds, and for other purposes authorized by 30 Texas Administrative Code Chapter 210. 2.03. Use of the Reclaimed Water by the User is limited to the Service Area. 2.04 Reclaimed Water transferred from the City to User shall be done on a demand only basis during times when the Reclaimed Water can be beneficially used as provided by this Agreement. User may refuse delivery of the Reclaimed Water at any time that the Reclaimed Water cannot be beneficially used by User, will cause a nuisance, or will cause User or the City to violate Chapter 210 of the TCEQ rules. The User shall return any excess Reclaimed Water to the City’s wastewater collection system. 2.05 All Reclaimed Water delivered through the User shall be metered through one or more meters at the Points of Delivery that will be installed by the User and operated and maintained by the City. It will be the duty of each Party to this Agreement to notify the other Party in the event any Party becomes aware that the meter(s) is registering inaccurately or malfunctioning. 2.06 The City has the right to inspect the Service Area, Points of Delivery, meters, the use of the Reclaimed Water by the User, and the records maintained by the User in accordance with this Agreement. ARTICLE 3: NOTICE TO AND APPROVAL FROM TCEQ 3.01 The City’s obligation to provide the Reclaimed Water to User is contingent upon obtaining written approval from the Executive Director of the TCEQ and no Reclaimed Water will be provided to User unless and until the City obtains such approval. 3.02 Within 30 days after the Effective Date of this Agreement, the City shall notify the Executive Director of its intent to provide Reclaimed Water to the User for the purposes described in this Agreement. 3.03 The City shall provide the User with written notice of its receipt of the 210 Authorization from the TCEQ. ARTICLE 4: OBLIGATIONS OF USER 4.01 User shall comply with the provisions contained in the Operation and Maintenance Plan attached hereto as Exhibit C and incorporated herein. Use of Reclaimed Water Agreement Page 4 of 13 4.02 User shall not change or alter its use of Reclaimed Water or the method of application to the Service Area of the Reclaimed Water without prior written consent from the City. 4.03 User shall: (A) use the Reclaimed Water in accordance with Chapter 210 of the TCEQ rules; and (B) comply with the requirements of Chapter 210 of the TCEQ rules. 4.04 User shall not use the Reclaimed Water in a manner so as to cause nuisance conditions, as defined by City ordinance or state law, as a result of the distribution, the use, and/or storage of Reclaimed Water. 4.05 User shall not use the Reclaimed Water in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. The User shall not allow an unauthorized discharge of the Reclaimed Water. 4.06 The User shall design, engineer, finance, construct, and install the Plant and Reclaimed Water Treatment Facilities. All Reclaimed Water Treatment Facilities shall be designed, constructed, operated, and maintained in accordance with the rules of TCEQ. 4.07 User shall only dispose of any excess Reclaimed Water into the City’s wastewater collection system. ARTICLE 5: CONSTRUCTION OF FACILITIES; OPERATION AND MAINTENANCE OF PLANT AND FACILITIES 5.01 Reclaimed Water Treatment Facilities. The Reclaimed Water Treatment Facilities and Reclaimed Water Delivery Facilities are designed to treat wastewater to Type II standards, as that term is defined in 30 Texas Administrative Code Chapter 210, and to convey treated wastewater in accordance with 30 Texas Administrative Code Chapter 210. The User shall provide the City with at least sixty (60) days prior written notice of date the User desires the City to begin its operation and maintenance responsibilities under this Agreement (“Commencement Date”) and desires to begin to receive Reclaimed Water. In no event shall the Commencement Date be prior to the City obtaining the 210 Authorization from the TCEQ. 5.02 Operation and Maintenance Responsibilities. The City and the User hereby agree that the City will operate and maintain the connections of the Plant to the City’s wastewater collection system, the Plant, and Reclaimed Water Treatment Facilities up to the Point of Delivery on behalf of the User, for a term beginning on the Commencement Date, and ending on the last day of the term of this Agreement. The User shall be responsible for the operation of the Reclaimed Water Distribution System after the Point of Delivery. During the term of this Agreement the City, with the written approval of the User, shall have the right to operate, and maintain the Reclaimed Water Treatment Facilities, including budgeting and billing the User for the cost of operating and maintaining such facility as a part of the Reclaimed Water Treatment Facilities; provided, however, Use of Reclaimed Water Agreement Page 5 of 13 that nothing herein shall divest the User of any portion of its title to such facility. The City shall maintain, and as appropriate, renew the 210 Authorization and any other permits, licenses, and other approvals the City is required to have in order to treat and dispose wastewater, and to operate and maintain the Reclaimed Water Treatment Facilities. The City and the User shall each have the right during the term of this Agreement to enter the property upon which the Reclaimed Water Treatment Facilities are located, including but not limited to the tract of land more fully described in Exhibit “A” hereto, for any purpose. 5.03 Operational Documents. At least 45 days prior to the Commencement Date, the User will provide to City at least one copy of all documents reasonably necessary for the City to properly operate and maintain the Reclaimed Water Treatment Facilities. These documents will include construction plans and drawings, specifications, as-built drawings, operational logs, permits, operation and maintenance manuals, preventive and repair maintenance records, and correspondence with and reports to regulatory agencies. The User further agrees to provide to the City for the term of this Agreement all approvals authorizing the construction and operation of the Reclaimed Water Treatment Facilities, if any. The City and the User agree to cooperate in meeting the requirements of the TCEQ and other regulatory agencies in acquiring and maintaining any authorizations and permits and multi- jurisdictional documents related to the Reclaimed Water Treatment Facilities. 5.04 Ownership of Wastewater. Title to all wastewater delivered by the City to the Reclaimed Water Treatment Facilities shall remain in the City and all Reclaimed Water shall remain in the City until the Point of Delivery, and again after disposal of excess Reclaimed Water is disposed of into the City’s wastewater collection system. 5.05 User’s Responsibilities for Extensions, Expansions, Improvements to the Reclaimed Water Treatment Facilities. The User shall own the Reclaimed Water Treatment Facilities and all land and interests in land comprising the Reclaimed Water Treatment Facilities. The User shall be responsible to extend, expand, upgrade, or otherwise modify the Reclaimed Water Treatment Facilities, as it determines to be necessary and desirable, based on the User’s growth, or any requirements in any order, or rule or regulation of any regulatory authority, including but not limited to Chapter 210 of the TCEQ’s rules. The User shall be responsible for designing, financing, acquiring and constructing the Reclaimed Water Treatment Facilities and all expansions and extensions to the Reclaimed Water Treatment Facilities, including retaining all legal, financial, engineering, and other consultants (“Consultants”) that it determines to be necessary and desirable for the User to satisfy its obligations described in this Section. User agrees to consult with the City on any extensions, expansions or improvements of the Reclaimed Water Treatment Facilities. The City shall obtain any additional approvals from the TCEQ if such extension, expansion or improvement so requires. The City has the right to inspect any improvements to the Reclaimed Water Treatment Facilities during construction of such improvements. Use of Reclaimed Water Agreement Page 6 of 13 5.06 Insurance for Plant and Reclaimed Water Treatment Facilities. The User shall each keep insured the Plant and Reclaimed Water Treatment Facilities and all property associated with the Plant and Reclaimed Water Treatment Facilities as are customarily insured political subdivisions in Texas operating like facilities with a responsible insurance company or companies against risks, accidents, casualties against which and to the extent insurance is customarily carried by political subdivisions. Such insurance provisions shall be designed so as to assure and facilitate, to the extent feasible and practicable, the restoration of damaged or destroyed properties, and to minimize interruption of service to the User. Further, the User and the City shall each carry comprehensive general liability insurance against liability for bodily or personal injury or death of any person or damage to any property with a minimum amount of $1,000,000 per occurrence or $2,000,000 aggregate. Each Party shall be named as an additional insured in said general liability insurance policies. The City and User shall each carry insurance that would ordinarily be carried by operators of sanitary sewer systems. Such insurance shall include Workers Compensation, comprehensive general liability insurance, and vehicle liability insurance. 5.07 Sole User. The User shall be the sole user of the Reclaimed Water from Reclaimed Water Treatment Facilities. ARTCLE 6: BUDGET; BILLING 6.01 Payment of Costs to Obtain 210 Authorization. The User shall pay the City all of the costs associated with obtaining the 210 Authorization from the TCEQ. The City shall submit invoices to the User with the costs periodically, and the User shall pay the City the invoiced amount in accordance with the Texas Prompt Payment Act. 6.02 Preparation of First Budget. Approximately thirty (30) days prior to the Commencement Date as defined in Section 5.01, the City will prepare a proposed Annual Budget and Annual Fee for the remaining months of the Fiscal Year. The Annual Budget shall include all operation and maintenance expenses, including establishment of any operating and reserve accounts, and all expenses of commencing operation. The City shall submit the proposed Annual Budget and Annual Fee to the User and shall follow the procedures set forth in Section 6.03 for the adoption of the Annual Budget and Annual Fee for the remaining months of the Fiscal Year. This Annual Fee shall be used to determine the Users payments during first Fiscal Year as provided by pursuant to the provisions of Section 6.06, and at the end of the first Fiscal Year, the Annual Budget and Annual Fee shall be subject to the Annual Adjustment as provided by 6.06. 6.03 Annual Budget. Not later than the August 15th of each year in which the City operates the Reclaimed Water Treatment Facilities, the City shall cause to be prepared its proposed budget for the operation of the Reclaimed Water Treatment Facilities for the next ensuing Fiscal Year (“Annual Budget”), including without limitation all operation and maintenance expenses, and the Annual Fee, as determined pursuant to Section 6.04. A copy of such proposed Annual Budget and Annual Fee shall be filed with the Vice President, Facilities Management, Sam Houston State University, and shall be dated as of the date mailed by the City. The User shall submit any comments to the City regarding the proposed Annual Budget and Annual Fee within thirty (30) days after the date the proposed Annual Budget and Annual Fee was mailed to the User. The City shall consider any comments filed by the User prior to the adoption of the Annual Budget and Annual Fee. Upon adoption by the City Use of Reclaimed Water Agreement Page 7 of 13 Council of the City, the Annual Budget and Annual Fee will become effective for the next ensuing Fiscal Year. 6.04 Amendment of Annual Budget. The Annual Budget may be amended by the City at any time to transfer from one line item of the Budget to another any funds which will not be needed by such line item so long as the total amount provided in the Annual Budget is not increased. Further, the amount for any line item or the amount for any purpose in the Annual Budget may be increased by the City even though such action might cause the total amount of the Annual Budget to be exceeded; provided that such action shall be taken only after prior notice to the Vice President, Facilities Management, Sam Houston State University of at least thirty (30) days from the date of receipt of notice and with the opportunity for the User to review and comment on the proposed increase. If the City adopts an amendment, the amended Annual Budget and Annual Fee shall be filed immediately by the City with the User. The City and the User acknowledge that the operation of the Reclaimed Water Treatment Facilities will from time to time result in cost increases due to unexpected events or unexpected price increases for goods and services. The City and the User understand that such cost increases shall be included in the Annual Adjustment provided for in Section 6.06. Any budget amendment proposal must be accompanied with documentation of changes in the City’s operation and maintenance expenses. In no event shall an amended budget be greater than the City’s actual expenses plus ten percent (10%). 6.05 Annual Fee for Operation and Maintenance of Reclaimed Water Treatment Facilities. The annual fee for the operation and maintenance of the Reclaimed Water Treatment Facilities shall be the total Annual Budget plus ten percent (10%) (“Annual Fee”). 6.06 Annual Adjustment. Promptly after the end of each Fiscal Year, the operation and maintenance expenses of the Reclaimed Water Treatment Facilities (including administrative and general expense) actually incurred during that Fiscal Year will be determined and the Annual Fee shall be recalculated (“Adjusted Annual Fee”). If all payments made by the User are less than the Adjusted Annual Fee, then the User shall pay the amount of such deficiency with the next monthly bill or bills, not to exceed three bills. Any excess shall be applied as a credit to the User’s next monthly bill or bills. 6.07 Operation and Maintenance Expenses. The operation and maintenance expenses of the Reclaimed Water Treatment Facilities shall be the actual cost incurred by the City in the administration, operation and maintenance of the Reclaimed Water Treatment Facilities, including, without limitation: (a) wages and salaries, employee benefits, chemicals, the purchase and carrying of stores, materials and supplies, power and utilities, supervision, engineering and professional fees, testing, auditing, franchises, regulatory assessments, waste and sludge disposal charges or assessments, claims, tools and equipment, insurance and all other items and expenses of a like or different nature reasonably required for the efficient maintenance and operation thereof, the billing and collection for service, the disconnection and reconnection of service, and the performance of the provisions of this Agreement; Use of Reclaimed Water Agreement Page 8 of 13 (b) operation and maintenance expenses associated with the City’s responsibilities outlined in Section 5.02 of this Agreement; (c) the administrative and general expense of the City attributable to administration of the Reclaimed Water Treatment Facilities as determined by the City, not to exceed an amount equal to ten percent (10 %) of the total of all other operation and maintenance expense. 6.08 Billing; Payments by the User. The City will render bills to the User at least once each month for one-twelfth (1/12) of the Annual Fee and for any additional amount as determined by the Annual Adjustment. The City shall, until further notice, render such bills on or before the last day of each month and such bills shall be due and payable at the City’s office indicated below by the last day of the following month or 30 days after such bill is deposited into the United States mail, properly stamped, addressed and postmarked to the User, whichever is later. The User shall make all payments in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts and shall make payment to the City at City Hall in Huntsville, Texas, or at such other place as the City may from time to time designate by sixty (60) days written notice in accordance with Chapter 2251 of the Texas Government Code. 6.09 Delinquency in Payment. If the User fails to pay any bills when due and payable, the City may give written notice of such delinquency to the User and if all bills due and unpaid, including any penalty for late payment which shall be equivalent to that which is charged by the City as provided by the City’s Code of Ordinances Section 46-100, are not paid within forty-five (45) days after delivery of such notice, then the User agrees that the City shall be authorized, at its option, in addition to any other remedy available at law or in equity, to institute suit for collection thereof and to collect any amounts due and unpaid, together with late fees, interest and reasonable attorneys’ fees, and the User further agrees that the City may, at its option, discontinue providing Reclaimed Water to the User until all amounts due and unpaid are paid in full with interest as herein specified. Any such discontinuation of service shall not, however, relieve the User of its unconditional obligation to make the payments due and payable to the City prior to termination. This provision shall survive the termination of this Agreement. 6.10 The City acknowledges that acceptance of funds under this Agreement constitutes acceptance of the authority of the State of Texas Auditor’s Office or any successor agency (Auditor), to conduct an audit or investigation in connection with those funds pursuant to Sections 51.9335(c) of the Texas Education Code. The City shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to any relevant records requested for investigation or audit. The City’s failure to comply with this requirement shall constitute a material breach of this Agreement and shall authorize User and the State of Texas to immediately assess immediately appropriate damages for such failure. The City shall ensure that this provision concerning the State’s authority to audit funds received indirectly by subcontractors through the City and the requirement to cooperate in included in any subcontract awards. Use of Reclaimed Water Agreement Page 9 of 13 ARTICLE 7: EFFECTIVE DATE; TERM; TERMINATION OF AGREEMENT; DAMAGES 7.01 This Agreement shall be effective on the date of the last signatory to this Agreement. 7.02 Unless otherwise terminated in accordance with the terms of this Agreement, this Agreement shall terminate on December 31, 2025. 7.03 The City may terminate the provision of Reclaimed Water under this Agreement and terminate this Agreement at any time with or without notice for non-compliance by User with Chapter 210 of the TCEQ rules. 7.04 Upon sixty (60) days written notice indicating the Party’s intent to terminate this Agreement, either Party may terminate this Agreement with or without cause at any time. The Parties further understand and agree that this Agreement is subject to termination, either in whole or in part, without penalty, subject to appropriation or availability of state funds. Notwithstanding the foregoing, any payment already due to the City shall be paid to the City upon termination. 7.05 In the event the City is unable to deliver the Reclaimed Water allowed under this Agreement or a portion thereof for any reason, the City shall not be liable for any loss or damages resulting from the non-delivery. This includes, but is not limited to, the cost to obtain another water supply, attorney fees, and other costs. 7.06 The City shall not liable for any damages arising from the User’s storage, use, or application of the Reclaimed Water. 7.07 Force Majeure. Except as provided in Section 8.12, in the event of any act of God, natural catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other than City, or any unexpected occurrences beyond the control of either Party which shall materially interfere with the ability of City to deliver Reclaimed Water, or the ability of the User to accept, transmit to distribute reclaimed water, the failure of either Party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. In such event, continuation of the maintenance and operation of the Plant shall be solely within the discretion of the User; and if the User discontinues the treatment operations and the treatment operations are not replaced by other City treatment facilities, all obligations of either Party to perform shall cease without prejudice to any claimed or asserted rights of either Party existing prior to the execution of this Agreement. 7.08 City shall maintain and as appropriate renew the City’s 210 Authorization with TCEQ. The City shall notify User within ten (10) days of receipt of a notice from TCEQ that its 210 Authorization has or will be terminated or not renewed. ARTICLE 8: MISCELLANEOUS PROVISIONS 8.01 Assignability. This Agreement shall not be assignable by any Party except with the written consent of the other Party. Use of Reclaimed Water Agreement Page 10 of 13 8.02 Amendment. This Agreement may be amended only by an instrument in writing signed by the parties. The Parties shall amend this Agreement, in writing, to the extent that such amendment is necessary to comply with requirements or regulations promulgated by TCEQ or other state or federal law relating to the delivery, receipt and use of the Reclaimed Water. 8.03 Record Keeping, Necessary Documents and Actions. (A) Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. (B) Each party shall maintain and provide records as required by Section 210.36 of the TCEQ rules and shall maintain all records relating to the use of the Reclaimed Water on site for a period of five years. 8.04 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior or contemporaneous oral or written understandings or representations of the Parties regarding the provision of Reclaimed Water to the User. 8.05 No Partnership. It is agreed that nothing herein contained is intended nor should be construed as creating or establishing a relationship of co-partners or partnership between the Parties, or as creating or establishing the relationship by either Party as agent, representative, or employee of the other Party for any purpose, or in any manner, whatsoever. 8.06 Hold Harmless. The Parties agree to hold each other harmless in proportion to fault or causation by the Party holding the other harmless, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation and court costs for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this agreement to the extent authorized by the laws and Constitution of the State of Texas. 8.07 Applicable Law. This Agreement will be construed under and in accordance with the laws of the State of Texas. 8.08 Venue. All obligations of the Parties created in this Agreement are performable in Walker County, Texas, and venue for any action arising under this Agreement will be in Walker County, Texas. 8.09 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than to the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 8.10 Multiple Originals. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same instrument for all purposes. Use of Reclaimed Water Agreement Page 11 of 13 8.11 Notices. Any notice given hereunder by one Party to the other Party shall be in writing and may be effected by personal delivery, by registered or certified mail, return receipt requested, when mailed to the proper Party, in care of the official signing this Agreement or by fax or email transmission as agreed to by the Parties and as evidenced by a confirming return fax or email transmission. If to the City: City of Huntsville, Texas Attn: City Manager 1212 Avenue M Huntsville, Texas 77340 Phone: (936) 291-5411 Fax: (936) 291-5409 Email: akulhavy@huntsvilletx.gov Copy to: City of Huntsville, Texas Attn: City Secretary 1212 Avenue M Huntsville, Texas 77340 Phone: (936) 291-5403 Fax: (936) 291-5409 Email: bpoe@huntsvilletx.gov If to User: J. Carlos Hernandez, EdD, CPA Chief Financial Officer and Senior Vice President for Operations Sam Houston State University Box 2027 Huntsville, Texas 77341 Phone: (936) 294-2686, Fax: (936) 294-1963 Email: jch060@shsu.edu 8.12 Severability. Should any court declare or determine that any provisions of this Agreement is invalid or unenforceable under present or future laws, that provision shall be fully severable; this Agreement shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in place of each such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. 8.13 Exhibits and Figures. The following exhibits and figures, attached to this Agreement, are incorporated into this Agreement as if fully set forth: Exhibit A: Description of Points of Delivery Exhibit B: Description of Service Area Use of Reclaimed Water Agreement Page 12 of 13 Exhibit C: Operation and Maintenance Plan 8.14 Rights and Waivers. Nothing in this Agreement, express or implied, is intended to or confer upon any person, other than the Parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. Nothing herein shall be construed as a waiver of the constitutional, statutory, or common law rights, privileges, defenses, remedies, or immunities of the Parties. 8.15 Compliance with Laws and Regulations. It is understood that the terms and conditions of this Agreement are governed by the laws of the State of Texas. Both Parties shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the respective obligations of each Party herein, including those now in effect and hereafter adopted. 8.16 Dispute Resolution. If a dispute, or controversy, or claim arises out of or relates to this Agreement, the Parties will make a good faith attempt to resolve the issues. If the dispute cannot be settled by the Parties, the Parties agree to follow the dispute resolution process in Chapter 2009 of the Texas Government Code. 8.17. INDEMNIFICATION. THE PARTIES AGREE, TO THE EXTENT ALLOWED BY TEXAS LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OTHER AND THEIR RESPECTIVE ELECTED AND APPOINTED OFFICIALS, MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES OF THE OTHER PARTY FROM ALL CLAIMS, LIABILITY, DAMAGES, PENALTIES, CAUSES OF ACTION, SUITS OF ANY KIND, AND LOSSES DIRECTLY ARISING FROM, RELATED TO, OR RESULTING FROM THE THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT CAUSED IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, OR WILLFUL MISCONDUCT OF A PARTY’S ACTIVITIES RELATED TO THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF THE OTHER PARTY, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT, CONTRACTOR, SUBCONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS, DIRECTORS, AND REPRESENTATIVES. THE PROVISIONS OF THIS SECTION WILL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH ANY INDEMNITEE HAS BY LAW OR EQUITY. ALL PARTIES ARE ENTITLED TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE IN THE EVENT OF LITIGATION. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS OF USER AND THE CITY ARE ENFORCEABLE ONLY TO THE EXTENT PERMITTED BY THE CONSTITUTION, LAWS OF THE STATE OF TEXAS, TEXAS STATE UNIVERSITY SYSTEM RULES AND REGULATIONS AND WITHOUT WAIVER OF SOVEREIGN IMMUNITY BY USER OR THE CITY. Use of Reclaimed Water Agreement Page 13 of 13 IN WITNESS WHEREOF, each party hereto has signed this Agreement or caused this Agreement to be signed in its name by its officer thereunto duly authorized. CITY OF HUNTSVILLE, TEXAS ______________________________________________ Aron Kulhavy, City Manager Date: _________________________________________ APPROVED AS TO FORM: ___________________________________ Leonard Schneider, City Attorney for the City of Huntsville Date:______________________________ SAM HOUSTON STATE UNIVERSITY _____________________________________________ Alisa White, Ph.D., President Date: _________________________________________ Agenda Item #3a Item/Subject: FIRST READING - Consider an ordinance amending the code of ordinances of the City of Huntsville, Chapter 90, “Traffic and Vehicles” by revising and updating Article VII, Regulation of Golf Carts regulating the use of golf carts on public streets or highways within the City Limits, first reading. Initiating Department/Presenter: City Council Presenter: Mayor Pro Tem Joe Rodriquez Recommended Motion: First Reading, no action necessary. Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: Traditionally, the operation of golf carts has been regulated by State law. State law does allow for additional regulations to be adopted by city ordinance if so desired. This proposed ordinance imposes additional regulations that are not necessarily covered in State law. Some of those are as follows: • Require headlights, tail lamps, reflectors, parking brakes, mirrors, and slow-moving vehicle emblem (all subject to compliance inspection by police) • An exhaust system (good working order) on gasoline powered carts • Prohibits carts that have been altered to travel at greater than 27 mph • Operators must have a valid Texas Driver License and abide by all traffic rules • Prohibits operation on sidewalks, hike, and bike trails • Prohibits operation on a street with speed limit of more than 30 mph and on streets and cart paths currently under construction or repair • Establishes speed limit for carts at 27 mph • Prohibits overtaking and passing another vehicle in the same lane as the vehicle being passed • Prohibits operation between lanes of traffic, medians, or between adjacent lines of rows of vehicles • Must yield to faster moving vehicles • Passengers are limited to the seating capacity as designed by the manufacturer, and individuals must remain seated during operation • Generally prohibits transportation of a child younger than 4 years of age and prohibits anyone from riding in the lap of operator or passenger • Prohibits use of wireless communication devices in a school zone during restricted school hours • Allows for exemptions and affirmative defenses for governmental entities, declared emergencies, and parades Previous Council Action: None Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager 10/20/20 Agenda Item: 3a CITY COUNCIL AGENDA Agenda Item #3a Associated Information: • Ordinance 2021-01 ORDINANCE 2021-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, CHAPTER 90 "TRAFFIC AND VEHICLES", BY REVISING AND UPDATING ARTICLE VII, "REGULATION OF GOLF CARTS," REGULATING THE USE OF GOLF CARTS ON PUBLIC STREETS OR HIGHWAYS WITHIN THE CITY LIMITS; PROVIDING FOR A PENALTY IN AN AMOUNT OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR VIOLATION OF ANY PROVISIONS HEREOF BY INCLUSION INTO THE CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. WHEREAS, the Texas Transportation Code, Section 551.403 provides limited areas for operation of golf carts in: (1) in a master planned community: (2) on a public or private beach that is open to vehicular traffic; or (3) on a highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated: (a) during the daytime; and (b) not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course; and WHEREAS, the Texas Attorney General, in opinion GA-0966 has concluded that the purpose of driving the golf cart on the highway under 551.403(a)(3)(B) must be to transport a person only to and from a golf course; and WHEREAS, the Transportation Code, Section 551.4031 provides that a municipality may prohibit the operation of a golf cart on a highway under Section 551.404 if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety; and WHEREAS, Section 551.404 provides that the governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that is (1) in the corporate boundaries of the municipality and (2) has a posted speed limit of not more than 35 miles per; and WHEREAS, the City Council has determined that in the interest of safety, it is necessary to regulate the operation of golf carts on public streets and highways in the corporate limits of Huntsville, Texas; and WHEREAS, after receiving input from the public, staff and reviewing the current ordinance, the City Council now desires to revise and update City golf cart regulations in the interest of public safety: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1. FINDINGS OF FACT. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. The City Council specifically finds that pursuant to Transportation Code Sections 551.4031 and 551.404 that in the interest of safety, it is necessary to regulate the operation of golf carts on public streets and highways in the corporate limits of Huntsville, Texas in the interest of public safety as set forth in this Ordinance. SECTION 2. AMENDMENT TO THE CODE. The Huntsville City Code, Chapter 90 "Traffic and Vehicles", is hereby amended by revising and updating Article VII ''Regulation of Golf Carts" in its entirety as follows: “CHAPTER 90 ARTICLE VII. - REGULATION OF GOLF CARTS Sec. 90-201. - Definitions. The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Golf cart as referenced hereafter shall have the meaning assigned by the V.T.C.A., Transportation Code §551.401, as it exists or may be amended, and includes a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course. The term, as used herein, shall include a specific restriction that a permitted golf cart shall have an attainable top speed of not greater than 27 mph. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATVs, NEVs, four-wheelers, mules and gators. Operator shall mean the person operating and having physical control over the golf cart. An operator must carry a valid Texas Drivers' License. Owner shall have the meaning assigned by the V.T.C.A., Transportation Code §502.001(31), and shall mean the person who has legal title to the golf cart, has the legal right of possession of the golf cart, or has the legal right of control of it. “Public Cart Path” shall mean an improved or unimproved path designated by sign for the movement of a golf cart which is available for use by the general public. Public highway shall have the meaning assigned by the V.T.C.A., Transportation Code § 502.001(35), as it exists or may be amended, and includes a road, street, way, thoroughfare, or bridge: (1) That is in the state; (2) That is for the use of vehicles; (3) That is not privately owned or controlled; and (4) Over which the state has legislative jurisdiction under its police power. Sec. 90-202. Required equipment regulations. (a) Every golf cart operated within the City of Huntsville shall be equipped with all the following equipment which shall be operational at all times: (1) headlights, (2) tail lamps, (3) reflectors, (4) parking brakes, (5) rearview mirror(s), and (6) a slow moving vehicle emblem clearly visible in daylight or at night from the light of standard automobile headlamps at a distance of at least 500 feet as provided for in §§551.404 and 547.703, respectively of the V.T.C.A., Transportation Code. Every golf cart in operation within the City on a highway or public cart path shall be subject to inspection by a peace officer to determine compliance with the equipment requirements herein. (b) Every golf cart powered by gasoline shall at all times be equipped with an exhaust system in good working order and shall comply with all state, federal and city regulations, specifically section 55-21 et seq. ("Noise") of the City Code. (c) Golf carts which have been altered to allow them to travel at speeds greater than 27 mph are prohibited. Sec. 90-203. - Operation regulations. (a) All operators of golf carts shall be licensed to operate a motor vehicle as provided by the Texas Transportation Code and shall carry a valid Texas drivers' license while operating the golf cart. (b) All operators of golf carts shall abide by all traffic regulations applicable to vehicular traffic when using any public highway in the city. (c) No person shall at any time operate a golf cart on any sidewalk or hike and bike trail within the city limits. (d) Golf carts may only be operated on a public street/highway with a posted speed limit of not more than 30 mph or on a posted public cart path, unless otherwise restricted. No person shall operate a golf cart at a speed greater than 27 mph at any time in the city. (e) At no time shall a person operate a golf cart on a street with a posted limit of more than 30 mph. It shall be an affirmative defense to prosecution that the golf cart operator was only crossing a street/highway with a posted limit of more than 30 mph at a perpendicular intersection to immediately access a street/highway of a posted speed limit of 30 mph or less. (f) Golf carts are prohibited on any public highway or public cart path, regardless of the speed limit, on that portion of the public highway or public cart path, while under construction or repair. (g) The operator of a golf cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (h) No operator shall operate a golf cart between lanes of traffic, medians, or between adjacent lines of rows of vehicles. (i) Golf carts shall move to the right and yield the right-of-way to faster moving vehicles. (j) The operator and every occupant of a golf cart shall be limited to the seating capacity as designed by the manufacturer and all occupants shall remain seated in a seat designed to hold passengers while the golf cart is in motion. The operator shall not transport a person on a part of the golf cart not designed or intended to transport a passenger. (k) No operator shall allow a person to ride in the lap of the operator or any other person being transported. (l) No operator of a golf cart shall transport a child under the age of 4 except during the applicable posted school zone hours or when school zone lights are active. (m) No operator shall use a wireless communication device in a school zone during restricted school hours. Sec. 90-204. – Exceptions and Affirmative Defenses. (a) Golf carts owned and/or operated for official government purposes by the City of Huntsville or any other governmental entity are exempt from regulation by this Code. (b) It shall be an affirmative defense to prosecution that the operator was operating the golf cart to evacuate persons during a declared city emergency for 72 hours after the emergency unless otherwise ordered by the city. (c) Parades. It shall be an affirmative defense to prosecution that the golf cart was operated in a City approved parade route for the purpose of participating in a parade pursuant to a valid permit issued by the City for such purpose. SECTION 3. PENALTY CLAUSE; INCLUSION INTO THE CODE. This Ordinance is hereby incorporated into and made a part of the Huntsville City Code. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not more than Two Hundred Dollars ($200.00) per offense. Each day of violation shall constitute a separate offense. SECTION 4. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. SECTION 5. SEVERABILITY. In the event any clause, phrase, provision, sentence, or any part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Huntsville, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. SECTION 6. NOTICE BY PUBLICATION The City Secretary shall give notice of the enactment of this Ordinance by promptly publishing it or its descriptive caption and penalty after final passage in the official newspaper of the City; the Ordinance to take effect upon publication. PASSED AND APPROVED on first reading with a quorum present, by an affirmative vote of a majority of Councilmembers present, in accordance with Huntsville City Charter on this _____________. PASSED, APPROVED, AND ADOPTED on final reading with a quorum present, by an affirmative vote of a majority of Councilmembers present, in accordance with Huntsville City on this ___________________. THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #3b Item/Subject: Consider a request from the HEARTS museum for participation in the replica Vietnam Veterans War Memorial. Initiating Department/Presenter: City Council Presenter: Mayor Pro Tem Joe Rodriquez Recommended Motion: Move to authorize the City Manager to enter into an agreement with the HEARTS museum for participation in the replica Vietnam Veterans War Memorial in the amount of $25,000 provided that the HEARTS museum secures the remaining funds for the project. Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses and visitors by leveraging the human and fiscal resources available to the community. Discussion: Mayor Pro Tem Rodriquez was approached by Ken Lee, chairman of the board for the HEARTS museum, about assisting them in bringing a replica of the Vietnam War Memorial to Huntsville. The HEARTS museum is hoping to serve as the wall’s permanent site and is requesting community help in securing the remaining $175,000 in donations to bring the project to fruition. The attached article from the Huntsville Item discusses the project in greater detail and Mr. Lee will be present at the Council meeting to discuss the project. As the project is related to tourism activities, participation in the project is considered an appropriate use for Hotel/Motel (HOT) funds. The HOT fund currently has a balance of $589,000 with no minimum required under City policy. This balance represents close to 12 months of operating expenditures in the fund. Should the Council wish to participate in the project, the recommended motion would allow the City staff to prepare and execute an agreement to participate in the project provided the organization secures the funding for its completion. Previous Council Action: The Council has not considered this item previously. Financial Implications: ☒Item is not budgeted: The HOT fund currently has a balance of $589,000. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Request from Mayor Pro Tem Rodriquez • September 22 Huntsville Item article 10/20/20 Agenda Item: 3b CITY COUNCIL AGENDA 10/13/2020 City of Huntsville, Texas Mail - Request for Donation from Hearts Museum https://mail.google.com/mail/u/2?ik=1aca9afddd&view=pt&search=all&permthid=thread-f%3A1678813864477118821%7Cmsg-f%3A16788138644771…1/1 Aron Kulhavy <akulhavy@huntsvilletx.gov> Request for Donation from Hearts Museum 1 message Joe Rodriquez <jrodriquez@huntsvilletx.gov>Fri, Sep 25, 2020 at 8:47 AM To: Aron Kulhavy <akulhavy@huntsvilletx.gov>, Brenda Poe <bpoe@huntsvilletx.gov>, Andy Brauninger <abrauninger@huntsvilletx.gov> Aron/Brenda, I spoke with Aron yesterday about a donation to the Hearts Museum for the purpose of assisting them in bringing a replica of the Vietnam Veterans Memorial to Huntsville. I told Aron that I would like to place it on the agenda of the next council meeting scheduled for October 6. I was informed yesterday that I would undergo a medical procedure on October 5 and not sure that I will be at the Oct. 6 meeting. Therefore, I am requesting that the donation topic be delayed until the meeting of October 20 that I plan to attend. I am not completely sure that I will not be able to make the Oct. 6 meeting, but I just want to be sure that I am in attendance when the donation is discussed to be able to support Ken Lee, the Chairman of the Board of the museum when he makes his presentation. I hope this does not cause any inconvenience. Joe Rodriquez 10/13/2020 H.E.A.R.T.S. Veterans Museum begins fundraising for Vietnam Wall | Local News | itemonline.com https://www.itemonline.com/news/local_news/h-e-a-r-t-s-veterans-museum-begins-fundraising-for-vietnam-wall/article_36561152-ce49-5c79-bf18-22b…1/4 https://www.itemonline.com/news/local_news/h-e-a-r-t-s-veterans-museum-begins-fundraising-for-vietnam- wall/article_36561152-ce49-5c79-bf18-22b74c4db121.html SPOTLIGHT FEATURED H.E.A.R.T.S. Veterans Museum begins fundraising for Vietnam Wall Museum needs $175K to bring iconic wall to Huntsville Michelle Wulfson | The Item Sep 22, 2020 SubmittedThe H.E.A.R.T.S. Veterans Museum in Huntsville will be acquiring a permanent Vietnam Veterans Memorial Wall to be displayed on the left side of the property. The museum is asking for donations to help cover the costs. 10/13/2020 H.E.A.R.T.S. Veterans Museum begins fundraising for Vietnam Wall | Local News | itemonline.com https://www.itemonline.com/news/local_news/h-e-a-r-t-s-veterans-museum-begins-fundraising-for-vietnam-wall/article_36561152-ce49-5c79-bf18-22b…2/4 The H.E.A.R.T.S. Veterans Museum in Huntsville is asking for the community’s help in serving as a permanent home to a Vietnam memorial wall, paying tribute to those that served in America’s “most controversial war.”. The Vietnam Wall was a traveling memorial that came to Huntsville around 11 years ago, drawing visitors at all hours of the day and night. Now, the H.E.A.R.T.S. Veterans Museum is hoping to serve as the wall’s permanent home, as it is being retired and offered to the museum at a price that they “could not refuse.” Having already covered the down payment, the museum is now asking for the community’s help to raise the remaining $175,000 in donations to cover the cost of the wall and construction of the platforms for the panels to attach to. H.E.A.R.T.S. Veterans Museum executive director Tara Burnett and board president Kenneth Lee predict that the wall will boost tourism for the city, bringing in veterans from across the state with their families, increasing income for lodging, food and gas. As such, the museum will be applying for a HOT Funds grant in addition to their fundraising efforts to cover the wall’s expenses. “This would be something that people would drive to come see. Veterans that can’t make that trip to Washington, this would be the next best thing for them,” Burnett said. It will also be the only permanent Vietnam Wall in the state of Texas. The wall is an 80% replica of the famous Vietnam Wall in Washington, D.C. and will span the entire left side of the property as a backdrop to the Vietnam Veterans Memorial Walkway that traces the path of 10 trees dedicated to the 10 Huntsville locals killed while serving in Vietnam. Six information panels will stand apart from the wall depicting a history on the war along with another panel to honor the donors that made the wall possible for the museum. It will also come with a software teaching program that has a timeline of the war as well as bios for some of the 58,267 names on the wall. “It means a lot to us that were over there because a lot of people resented the United States being in Vietnam,” Lee said. “We have so many friends that were killed there, but because of some of the ideas that were going on at the time, we weren’t really welcomed home like from the other wars. This, to all of us, is a welcome home and recognition of what we did and what everybody did for their country.” 10/13/2020 H.E.A.R.T.S. Veterans Museum begins fundraising for Vietnam Wall | Local News | itemonline.com https://www.itemonline.com/news/local_news/h-e-a-r-t-s-veterans-museum-begins-fundraising-for-vietnam-wall/article_36561152-ce49-5c79-bf18-22b…3/4 Conversation Powered by The museum hopes to have the project fully funded by March 2021 in time for Vietnam Veterans Day on March 29. “I can’t think of a better way to honor all of our Vietnam Veterans that are here with us and all of those that have gone before, than to have a very touching, moving event out there at our newly constructed wall for all of them,” Burnett said. “I think we owe them that.” Donations for the H.E.A.R.T.S. Veterans Museum Vietnam Wall can be made in-person or by mail at 463 State Hwy 75 N in Huntsville, online at www.gofundme.com/f/bring-the-vietnam-wall-to- huntsville-tx-for-good or by phone at (936)295-5959. 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