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5-5-2020 packet CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor Notice is hereby given of a Regular Meeting of the Huntsville City Council to be held May 5, 2020, beginning at 6:00 P.M. by teleconferencing for the purpose of considering the following agenda items. All agenda items are subject to action. The Chambers at City Hall will be closed. The Governor of Texas has issued an Executive Order with guidelines for the temporary suspension of certain portions of the Texas Open Meetings Act in order to avoid social gatherings of more than ten (10) people during the COVID-19 virus pandemic. This allows cities to have council meetings via teleconference and to conduct executive sessions via teleconference. These actions are being taken to mitigate the spread of the virus by avoiding meetings that bring people into a group setting and in accordance with Section 418.016 of the Texas Government Code. Telephonic capabilities will be utilized to allow individuals to address the City Council. Members of the public are entitled to participate remotely via Toll-Free Dial-in Number: 1-877-309-2073; Access code: 909- 316-189, or watch the meeting from a computer, tablet or smartphone at www.HuntsvilleTX.gov/Meetings. An electronic copy of the agenda can be found at www.HuntsvilleTX.gov/AgendaCenter and posted outside on the bulletin board in front of City Hall. MAIN SESSION [6:00 P.M.] CALL TO ORDER (Roll Call) INVOCATION AND PLEDGES BY MAYOR PRO TEM - U.S. Flag and Texas Flag 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 April 21, 2020. [Brenda Poe, City Secretary] b. SECOND READING - Consider adopting Ordinance 2020-24 in denying the Distribution Cost Recovery Factor rate increase by Entergy Texas Inc., second reading. [Leonard Schneider, City Attorney] c. SECOND READING - Consider authorizing the City Manager to award the purchase of Street Milling/Overlay/Rehab Services, to Larry Young Paving in the amount of $1,168,288.76, second reading. [Brent S. Sherrod, P.E., Director of Public Works] d. Consider authorizing the City Manager to award the purchase of Street Pressure Pave Services to Donelson Construction, LLC, in the amount of $88,850.50. [Brent S. Sherrod, P.E., Director of Public Works] e. Consider the approval of Buyboard Contract # 555-18 with Southern Trenchless Solutions, LLC to repair an existing sewer line and associated components in the 100 block of Smith Hill Road. [Brent S. Sherrod, P.E., Director of Public Works] f. Consider adoption of Ordinance 2020-26 to amend the budget for FY 19-20 and/or CIP Project budgets. [Steve Ritter, Finance Director] g. Consider a motion authorizing the City Manager to approve a purchasing agreement with Office Depot for office supplies as needed for City departmental operations. [Steve Ritter, Finance Director] h. Consider authorizing the City Manager to amend an agreement with Freese and Nichols, Inc. for professional engineering services for Bond Proposition #3 – Water Infrastructure Projects (#17-01-01). [Y.S. “Ram” Ramachandra, City Engineer] Paul Davidhizar, Position 1 At-Large Dee Howard Mullins, Position 2 At-Large Clyde D. Loll, Position 3 At-Large Mari Montgomery, Position 4 At-Large Daiquiri Beebe, Ward 1 Russell Humphrey, Ward 2 Blake Irving, Ward 3 Mayor Pro Tem Joe P. Rodriquez, Ward 4 i. Consider authorizing the City Manager to apply for the 2020 Coronavirus Emergency Supplemental Funding (CESF) Program and adopt Resolution 2020-21. [Kristie Hadnot, Grants Manager] 2. STATUTORY AGENDA a. Consider authorizing the City Manager to award the construction contract for 12th Street Sidewalk and Lighting Improvement CDBG Project #18-10-10. [Y.S. “Ram” Ramachandra, City Engineer] b. Consider authorizing the City Manager to apply for the FY 2019 Staffing for Adequate Fire and Emergency Response (SAFER) Grant through the U.S. Department of Homeland Security for $768,600, which includes matching funds of $297,171, and adopting Resolution 2020-20. [Greg Mathis, Fire Chief] 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Consider Ordinance 2020-27 extending the Disaster Declaration issued by Mayoral proclamation on March 13, 2020 in response to COVID-19. [Aron Kulhavy, City Manager] b. Consider action to accept Councilmember Davidhizar’s resignation from City Council. [Andy Brauninger, Mayor] c. Consider action to appoint a member to City Council for the At-Large Position 1 unexpired term. [Andy Brauninger, Mayor] 4. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA 6. 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, 551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation. [Leonard Schneider, City Attorney] 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 May 5, 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: 4/30/2020 TIME OF POSTING: 11:05 am ____________________________ TAKEN DOWN: Brenda Poe, City Secretary Brenda Poe MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD TELEPHONICALLY ON THE 21st DAY OF APRIL 2020, AT 6:00 P.M. The Council met in a telephonic session with the following: COUNCILMEMBERS PRESENT: Andy Brauninger, Daiquiri Beebe, Blake Irving, Russell Humphrey, Dee Howard Mullins, Paul Davidhizar, Joe P. Rodriquez, Mari Montgomery, Clyde D. Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. City Secretary Brenda Poe read the following statement: “This meeting of the Huntsville City Council is being conducted by telephonic conferencing as allowed by the Governor’s Order to suspend certain portions of the Open Meetings Act. The public is requested to not make any comments until invited by the Mayor Pro Tem and then please do not speak over each other. The public, council and staff are requested to make sure there is no background noise and to try to participate from a quiet area. The pledge of allegiance is being performed by the Mayor Pro Tem only. When roll call is made each council member is asked to announce by stating your name. It is requested each staff member identify themselves by name before speaking. When the Mayor Pro Tem allows comments from the public it is requested the person speaking state their name for the record. This meeting is being recorded and made available to the public on our website and Facebook page.” The City Secretary conducted a roll call for attendance. 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 Loll gave the invocation and Mayor Brauninger said the pledges. 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 April 7, 2020. [Brenda Poe, City Secretary] b. SECOND READING - Consider authorizing the City Manager to approve a purchasing agreement with FleetCor for Fuelman fuel cards for off-site point of sale fueling of City vehicles, second reading. [Brent S. Sherrod, P.E., Director of Public Works] c. Consider the approval of outsourcing electrical services for the installation of 17 lampposts in downtown. [Tammy Gann, Director of Economic Development/Special Projects] Councilmember Loll made a motion to approve the consent agenda; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 9-0. 2. STATUTORY AGENDA a. FIRST READING - Consider authorizing the City Manager to award the purchase of Street Milling/Overlay/Rehab Services, to Larry Young Paving in the amount of $1,168,288.76, first reading. [Brent S. Sherrod, P.E., Director of Public Works] First reading, no action taken. b. Consider adopting Bruce Brothers Huntsville Municipal Airport (UTS) Master Plan 2020. [Y. S. “Ram” Ramachandra, City Engineer] Councilmember Rodriquez made a motion to adopt Bruce Brothers Huntsville Municipal Airport (UTS) Master Plan 2020; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 9- 0. 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Consider Ordinance 2020-25 extending the Disaster Declaration issued by Mayoral proclamation on March 13, 2020 in response to COVID-19. [Aron Kulhavy, City Manager] Councilmember Rodriquez made a motion to approve Ordinance 2020-25 extending the Disaster Declaration issued by Mayoral proclamation on March 13, 2020 in response to COVID-19; the motion was seconded by Councilmember Davidhizar. Councilmember Montgomery made a statement about testing. The motion was adopted, 8-0. b. FIRST READING - Consider adopting Ordinance 2020-24 in denying the Distribution Cost Recovery Factor rate increase by Entergy Texas Inc., first reading. [Leonard Schneider, City Attorney] First reading, no action taken. 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. No requests were submitted by the deadline. 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.) The City Secretary to reminded citizens that the the City of Huntsville is continuing to follow Governor Greg Abbott’s directives to increase social distancing and avoid large groups gathering. The Governor ordered the closure of State Parks at the close of business Tuesday, April 7th and that continues. Playground equipment, sports courts, restrooms, workout stations, and pavilions will be temporarily closed to the public until the Governor’s order is lifted and the public safety conditions improve. The remainder of the park will be open for walking, hiking, and other outdoor activities. This directive only applies to city-owned parks and does not apply to golf courses, privately-owned parks, or property owned by Sam Houston State University. Follow updates, pay bills and conduct business online at HuntsvilleTX.gov and all social media – Facebook, Instagram, Twitter, and Nextdoor. 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation. [Leonard Schneider, City Attorney] The Council adjourned to Executive Session at 6:44 p.m. 8. RECONVENE The Council reconvened at 7:22 p.m. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:23 p.m. Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Andy Brauninger, Mayor ORDINANCE NO. 2020-24 AN ORDINANCE BY THE CITY OF HUNTSVILLE, TEXAS (“CITY”) DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON MARCH 31, 2020; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS WHEREAS, on or about March 31, 2020, Entergy Texas, Inc. (“Entergy”) filed an Application to Amend its Distribution Cost Recovery Factor (“DCRF”) with the City to increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory Act (“PURA”) Section 36.210; WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a); WHEREAS, the jurisdictional deadline for the City to act in this rate matter is May 30, 2020; WHEREAS, Entergy’s existing DCRF rider is set to collect approximately $3.2 million per year; WHEREAS, Entergy’s proposed amended Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $20.4 million per year, for a total of $23.6 million per year; WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company’s rate request and make necessary rate recommendations to the City; and WHEREAS, the Lawton Law Firm has recommended that the City deny the Company’s request to amend its Distribution Cost Recovery Factor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Huntsville hereby denies Entergy’s request to amend its Distribution Cost Recovery Factor in total. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 5th day of May 2020. THE CITY OF HUNTSVILLE __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #1c Item/Subject: SECOND READING - Consider authorizing the City Manager to award the purchase of Street Milling/Overlay/Rehab Services, second reading. Initiating Department/Presenter: Public Works Presenter: Brent Sherrod, P.E., Director of Public Works Recommended Motion: Move to authorize the City Manager to award the purchase of Street Milling/Overlay/Rehab Services, to Larry Young Paving in the amount of $1,168,288.76. 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: As part of the City Council’s 2014 Strategic Plan, the City awarded a comprehensive street assessment study to Infrastructure Management Services (IMS), with the primary goal being to determine the condition and rank City streets based on data gathered by IMS. IMS provided the City with a street condition assessment and a five (5) year maintenance plan for improving the overall street condition within the City. Based on the findings, the City has solicited annual competitive sealed proposals for street milling with overlay, with the current fiscal year requirements reflected in the attached bid tabulation. Bid notice was published as required in the Huntsville Item, and posted on the City of Huntsville website and on the Public Purchase bid platform. Six (6) bids were received and opened on March 24, 2020 in response to an invitation for bids for current year (year five of the IMS Study) street paving requirements, with specifications stating an award based on best value, with selection criteria including, but not limited to: purchase price, similar work experience history, technical expertise and experience, and overall proposal suitability. The bids received are reflected in the attached bid tabulation. This project will be reduced by approximately 25 percent due to the negative financial impact to the City, related to the Coronavirus pandemic. Streets eliminated from this year’s project will be added to future budgets. Public Works staff has evaluated the bids received to determine the best value to the City with respect to the considerations referenced above. The lowest bidder, Larry Young Paving, offers high-quality milling and overlay services as recommended by the Cities of Bryan and Hearne, and is thereby recommended for award for the current year requirements. Given the positive experience from Bryan and Hearne Administration with this contractor for these paving services and being the low bidder by a significant amount, Larry Young Paving’s response is considered by Public Works management staff to offer the best value to the City. 5/5/2020 Agenda Item: 1c CITY COUNCIL AGENDA Agenda Item #1c Previous Council Action: N/A Financial Implications: ☒Item is budgeted: _101 323 53051 __ In the amount of $ 1,598,262.00___ Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Bid Tabulation Bid No. 20-07 March 24, 2020 Asphaltic Concrete Paving & St. Milling Services2:00 p.m., Central Standard Time Bid Tabulation On Street Work Scope From To Square Yards Unit price per square yard Total price for street segment listed Unit price per square yard Total price for street segment listed Unit price per square yard Total price for street segment listed Unit price per square yard Total price for street segment listed Unit price per square yard Total price for street segment listed Unit price per square yard Total price for street segment listed 14th St. Mill & Overlay 2"Ave Q University Ave.8622.24 $ 12.50 $ 107,778.00 13.22$ 113,986.01$ 13.50$ 116,400.24$ 14.49$ 124,936.26$ 19.35$ 166,840.34$ 15.61$ 134,612.16$ 15 th St. Mill & Overlay 2"University Ave.Bobby K Marks Dr.4989.1 $ 12.50 $ 62,363.75 13.17$ 65,706.45$ 13.50$ 67,352.85$ 14.49$ 72,292.06$ 20.00$ 99,782.00$ 15.74$ 78,516.69$ 18th St. Mill & Overlay 2"Ave S Ave O 5828 $ 12.50 $ 72,850.00 13.21$ 76,987.88$ 13.50$ 78,678.00$ 14.49$ 84,447.72$ 18.95$ 110,440.60$ 16.97$ 98,872.64$ 20th 1/2 St. Mill & Overlay 2"Ave N 1/2 Ave N 914 $ 12.50 $ 11,425.00 14.17$ 12,951.38$ 13.50$ 12,339.00$ 14.49$ 13,243.86$ 48.30$ 44,146.20$ 28.10$ 25,684.74$ Cedar Dr. Mill & Overlay 2"Hickory Dr.Pecan Dr.2465 $ 12.50 $ 30,812.50 13.54$ 33,376.10$ 13.50$ 33,277.50$ 14.49$ 35,717.85$ 24.80$ 61,132.00$ 18.96$ 46,742.39$ Greenwood Mill & Overlay 2"Greenleaf End 2167 $ 12.50 $ 27,087.50 13.30$ 28,821.10$ 13.50$ 29,254.50$ 14.49$ 31,399.83$ 26.40$ 57,208.80$ 19.86$ 43,031.85$ Maple Ln Mill & Overlay 2"Hickory Dr.Normal Park Dr.1535 $ 12.50 $ 19,187.50 13.90$ 21,336.50$ 13.50$ 20,722.50$ 14.49$ 22,242.15$ 33.00$ 50,655.00$ 22.14$ 33,978.25$ Oaklawn Mill & Overlay 2"South Park End 3051 $ 12.50 $ 38,137.50 13.41$ 40,913.91$ 13.50$ 41,188.50$ 14.49$ 44,208.99$ 22.10$ 67,427.10$ 17.39$ 53,067.00$ Old Madisonville Rd. Mill & Overlay 2"10th St.7th St.3500.31 $ 12.50 $ 43,753.88 13.56$ 47,464.20$ 13.50$ 47,254.19$ 14.49$ 50,719.49$ 20.90$ 73,156.48$ 17.97$ 62,895.22$ Palm Mill & Overlay 2"Sycamore South Park 2020 $ 12.50 $ 25,250.00 15.16$ 30,623.20$ 13.50$ 27,270.00$ 14.49$ 29,269.80$ 27.90$ 56,358.00$ 20.52$ 41,455.58$ Park Hill Mill & Overlay 2"South Park End 3811 $ 12.50 $ 47,637.50 13.52$ 51,524.72$ 13.50$ 51,448.50$ 14.49$ 55,221.39$ 23.20$ 88,415.20$ 16.90$ 63,653.08$ Pine Grove Dr. Mill & Overlay 2"FM 1374 Piney Bough 3876 $ 12.50 $ 48,450.00 13.35$ 51,744.60$ 13.50$ 52,326.00$ 14.49$ 56,163.24$ 23.20$ 89,923.20$ 17.33$ 67,175.19$ Piney Bough Dr. Mill & Overlay 2"Knob Oaks Dr.Pine Grove Dr.2996 $ 12.50 $ 37,450.00 14.26$ 42,722.96$ 13.50$ 40,446.00$ 14.49$ 43,412.04$ 26.54$ 79,394.00$ 18.47$ 55,341.59$ Pleasant St. Mill & Overlay 2"State Highway 75 Old Madisonville Rd.1868 $ 12.50 $ 23,350.00 14.44$ 26,973.92$ 13.50$ 25,218.00$ 14.49$ 27,067.32$ 29.45$ 55,012.60$ 22.95$ 42,875.89$ Sleepy Hollow Cir. Mill & Overlay 2"Pine Shadows Dr.North End 2659 $ 12.50 $ 33,237.50 14.41$ 38,316.19$ 13.50$ 35,896.50$ 14.49$ 38,528.91$ 24.00$ 63,816.00$ 18.97$ 50,446.76$ Sout Park Mill & Overlay 2"Olive Greenleaf 3646 $ 12.50 $ 45,575.00 13.52$ 49,293.92$ 13.50$ 49,221.00$ 14.49$ 52,830.54$ 20.20$ 73,649.20$ 16.88$ 61,560.97$ Sycamore Ave. Mill & Overlay 2"Sam Houston Ave.Private Drive 10015 $ 12.50 $ 125,187.50 13.76$ 137,806.40$ 13.50$ 135,202.50$ 14.49$ 145,117.35$ 18.25$ 182,773.75$ 15.42$ 154,411.18$ Willowbend Mill & Overlay 2"Crosstimbers Normal Park Dr.8461 $ 12.50 $ 105,762.50 13.00$ 109,993.00$ 13.50$ 114,223.50$ 14.49$ 122,599.89$ 19.50$ 164,989.50$ 15.82$ 133,891.27$ 9th St.Mill & Overlay 1.5"Ryans Ferry Rd.Ave C 1540.69 $ 8.75 $ 13,481.38 9.10$ 14,020.28$ 9.50$ 14,636.56$ 9.49$ 14,621.15$ 20.50$ 31,584.15$ 14.21$ 21,893.21$ Ave D Mill & Overlay 1.5"South End 9th St.438.2 $ 8.75 $ 3,834.25 14.33$ 6,279.41$ 9.50$ 4,162.90$ 9.49$ 4,158.52$ 53.70$ 23,531.34$ 16.34$ 7,160.48$ Oak Dr.Mill & Overlay 1.5"11th St.Bois D Arc Dr.2243 $ 8.75 $ 19,626.25 9.10$ 20,411.30$ 9.50$ 21,308.50$ 9.49$ 21,286.07$ 17.05$ 38,243.15$ 11.26$ 25,247.42$ Pleasant St.Mill & Overlay 1.5"Normal Park Dr.State Highway 75 3129 $ 8.75 $ 27,378.75 9.00$ 28,161.00$ 9.50$ 29,725.50$ 9.49$ 29,694.21$ 14.50$ 45,370.50$ 12.09$ 37,847.41$ Smith Hill Rehab.Unnamed Roosevelt 6650 $ 16.25 $ 108,062.50 18.41$ 122,426.50$ 19.50$ 129,675.00$ 24.00$ 159,600.00$ 24.65$ 163,922.50$ 22.99$ 152,905.60$ Smith Hill Overlay 1.5" HMAC FM 2821 Unnamed 2721 $ 8.75 $ 23,808.75 9.00$ 24,489.00$ 9.50$ 25,849.50$ 9.49$ 25,822.29$ 16.20$ 44,080.20$ 10.63$ 28,919.96$ Smith Hill Overlay 1.5"7th St.Roosevelt 2581 $ 8.75 $ 22,538.75 9.00$ 23,229.00$ 9.50$ 24,519.50$ 9.49$ 24,493.69$ 16.65$ 42,973.65$ 10.32$ 26,636.79$ 10th Mill & Overlay 2"OMR Ave O 3541 $ 12.50 $ 44,262.50 13.23$ 46,847.43$ 13.50$ 47,803.50$ 14.47$ 51,238.27$ 20.50$ 72,590.50$ 17.84$ 63,169.62$ $ 1,168,288.76 1,266,406.36$ 1,275,400.24$ 1,380,332.89$ 2,047,415.96$ 1,611,992.94$ $ Sq. Yd. $ 7.00 -$ 9.50$ 8.00$ 10.95$ 25.00$ 12.47$ $ Sq. Yd. $ 12.50 -$ 15.00$ 14.00$ 15.95$ 35.00$ 20.76$ $ Sq. Yd. $ 8.75 -$ 9.50$ 10.00$ 11.95$ 30.00$ 13.48$ $ Sq. Yd. $ 16.25 -$ 20.00$ 22.00$ 25.95$ 47.00$ 24.74$ $ 1,168,288.76 1,266,406.36$ 1,275,400.24$ 1,380,332.89$ 2,047,415.96$ 1,611,992.94$ Pavecon Ltd.Co. *NOTICE: Award is contingent upon vendor meeting requirements and formal authorization by City officials Smith & Company TOTAL PRICE FOR ALL STREET SEGMENTS LISTED Angel Brothers Enterprises, Ltd. Larry Young Paving Inc.Knife River Corporation AAA Asphalt Paving Inc. TOTAL PRICE FOR ALL LISTED STREET SEGMENTS Additional Unnamed Streets-Unit price per square yard 1" Type F HMAC Additional Unnamed Streets-Unit price per square yard Mill & Lay 2" HMAC Additional Unnamed Streets - Unit price per square yard Overlay 1.5" HMAC Additional Unnamed Steets-Unit price per square yard Rehabilitation Agenda Item #1d Item/Subject: Consider authorizing the City Manager to award the purchase of Street Pressure Pave Services to Donelson Construction, LLC, in the amount of $88,850.50 Initiating Department/Presenter: Public Works Presenter: Brent Sherrod, P.E., Director of Public Works Recommended Motion: Move to authorize the City Manager to award the purchase of Street Pressure Pave Services to Donelson Construction, LLC, in the amount of $88,850.50 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: As part of the City Council’s 2014 Strategic Plan, the City awarded a comprehensive street assessment study to Infrastructure Management Services (IMS), with the primary goal being to determine the condition and rank city streets based on data gathered by IMS. IMS provided the city with a street condition assessment and a five (5) year maintenance plan for improving the overall street condition within the city. Public Works has sought new and better pavement preservation methods for both financial and aesthetic reasons. Citizens have complained that simple crack sealing leaves the streets unsightly. It is however, a very necessary part of pavement preservation. Micro-chip seals have been used to preserve the street surface around the United States but not in Huntsville. Donelson Construction has developed a proprietary system to crack seal and micro-surface seal streets in one operation. Donelson’s proprietary process is called Pressure Pave. Pressure Pave consists of fusing the Pressure Pave sealant (underseal) with their patented MAQS system. MAQS stands for Modified Aggregate Quick Set surfacing and pressure pave system. MAQS is a patent protected, polymer-modified cold mix paving system that prolongs the life span of a road by an average of 8-12 years. A road treated using the MAQS system can be driven on at full traffic capacity in about 30 minutes. Donelson Construction’s process is protected by Patent Nos. 9879387, 9260826, 20150322632, 8033775 and 7312262 and cannot be duplicated by other firms and is thereby exempted from competitive bidding per Texas Local Government Code, Chapter 252.022. Public Works recommends application of this propriety product to Brookview Drive as an opportunity for staff, Council and citizens to use, view, and monitor for the possibility of future use of Pressure Pave in other areas of the city. Brookview Drive is a good candidate for this product to be applied on because of its age, class, and condition. Previous Council Action: N/A 5/5/2020 Agenda Item: 1d CITY COUNCIL AGENDA Agenda Item #1d Financial Implications: ☒Item is budgeted: _101 323 53051 __ In the amount of $ 429,973.24___ Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Proposal DONELSON CONSTRUCTION CO., LLC WORK ORDER Proposal: 03-0420-10 NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. All material is guaranteed to be as specified under specifications described in the proposal. Work will be performed in a workmanlike manner according to standard practices in the industry in the local of Springfield, Missouri. Any work performed by DONELSON CONSTRUCTION CO., LLC in addition to the work as specified upon this work order shall be presumed to be at an additional charge by DONELSON CONSTRUCTION CO., LLC unless there is a subsequent written document providing to the contrary. DONELSON CONSTRUCTION CO., LLC will not provide materials or labor at its expense to repair or replace any blacktop installed by it over base stone, asphalt, or concrete installed by someone other than DONELSON CONSTRUCTION CO., LLC in the event that such base stone, asphalt, or concrete is inadequate to provide suitable base or foundation for the installation of any such blacktop. Notes in reference to the Modified Aggregate Quick Set (M.A.Q.S.) Surfacing System: 1. The complete elimination of any existing drainage problem or reflective cracking is not intended or guaranteed. 2. Power steering marks are normal and should not be cause for concern. 3. The new surface will remain tender for a few weeks. 4. DONELSON CONSTRUCTION CO., LLC is not responsible for sub base problems or damage to asphalt or concrete due to weight of the machinery required to complete the work. 5. DONELSON CONSTRUCTION CO., LLC is not responsible for damage to finished surface by others, or human, animal, or vehicle tracking of fresh material. The undersigned customer or authorized agent of customer does hereby authorize and direct DONELSON CONSTRUCTION CO., LLC to proceed with the work as described in the proposal upon the reverse side of the work order at the contract price as specified in the proposal upon the reverse side of this work order and does agree on behalf of customer to pay to DONELSON CONSTRUCTION CO., LLC the contract price upon completion of the work described. The undersigned further agrees that the contract price shall be due and payable upon completion of the work. Any account balance not paid within thirty days of such completion shall be deemed delinquent and shall bear interest at the rate of 10% per annum or the highest lawful rate, whichever is greater. THE UNDERSIGNED CUSTOMER AGREES TO PAY ALL COSTS OF COLLECTION OF ANY DELINQUENT ACCOUNT BALANCE OF CUSTOMER. THE UNDERSIGNED HAS FULLY READ AND CONSIDERED THE PROVISIONS OF THIS WORK ORDER TOGETHER WITH THE PROVISIONS OF THE PROPOSAL UPON THE REVERSE SIDE THEREOF WHICH ARE MADE A PART OF THIS CONTRACT AND AGREES TO BE BOUND THEREBY. THE UNDERSIGNED DOES HEREBY REPRESENT TO DONELSON CONSTRUCTION CO., LLC THAT THE UNDERSIGNED IS EITHER THE OWNER OF THE REAL ESTATE TO WHICH THE IMPROVEMENT DESCRIBED ABOVE IS TO BE RENDERED OR IS THE AUTHORIZED AGENT OF SUCH OWNER. _______________________________________ Owner or Agent Agenda Item #1e Item/Subject: Consider the approval of Buyboard Contract # 555-18 with Southern Trenchless Solutions, LLC to repair an existing sewer line and associated components in the 100 block of Smith Hill Road. Initiating Department/Presenter: Public Works Presenter: Brent Sherrod, P.E.; Public Works Director Recommended Motion: Move to authorize the City Manager to approve Buyboard Contract # 555-18 with Southern Trenchless Solutions, LLC to replace using pipe bursting eight-hundred and twenty-three (823) feet of clay tile line, replace the sewer line clean out, replace two brick manholes, and reconnect private sewer taps, in the 100 block of Smith Hill Road, in the amount of $61,081.85. 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: Video inspections, performed by City staff, revealed multiple pipe joint separations, offset joint (pipe joints that are badly misaligned), and root intrusions within offset joints that are beginning to push the pipe joints apart from one another, in the 100 block of Smith Hill road. Staff recommends the following scope of work to correct the issues, and to minimize jeopardizing the new pavement that will soon be installed in the same area. 1. Pipe Burst 823 feet of 6” clay tile pipe and upgrade the sewer line to 8” high density polyethylene pipe. 2. Replace the City sewer cleanout. 3. Replace two brick manholes with concrete manholes. 4. Reconnect existing residential sewer taps. 5. Pre and post TV inspections to assure work quality. Public Works staff evaluated available options to determine the best method to rehabilitate/repair the manholes and sewer line. Using a slip line/pipe bursting method to rehabilitate sewer line segments are the least intrusive on other utilities and infrastructure and yield cost savings versus an open cut trench method of rehabilitation. The BuyBoard contract will be utilized for the purchase of the required services in the amount of $61,081.85 from Southern Trenchless Solutions, LLC. The cooperative contract meets all requirements of the Local Government Code Chapter 252 regarding competitive bidding by Texas municipalities. Southern Trenchless Solutions is expected to begin work within 2 weeks from the Notice to Proceed and complete the sewer line rehabilitation within approximately two (2) weeks from the start of work. Previous Council Action: There has not been any previous council action. 5/5/2020 Agenda Item: 1e CITY COUNCIL AGENDA Agenda Item #1e Financial Implications: ☒Item is budgeted: 220-363-53030 In the amount of $208,756.73 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • BuyBoard Quote 9390 Agenda Item #1e Agenda Item #1f Item/Subject: Consider adoption of Ordinance 2020-26 to amend the budget for FY 19-20 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter – Finance Director Recommended Motion: Move to adopt Ordinance 2020-26 to amend the budget for FY 19-20 and/or CIP Project budgets. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Detailed explanation is provided in the attachment, Exhibit A, to the Ordinance. These Budget Amendments were presented to the Finance Committee at their April 21, 2020 meeting. Previous Council Action: None. Financial Implications: ☒ See the attached Ordinance and related Budget Amendments (Exhibit A) Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: • Ordinance 2020-26, page 2 • Exhibit A (list of budget amendments), page 3 5/5/2020 Agenda Item: 1f CITY COUNCIL AGENDA Agenda Item #1f ORDINANCE NO. 2020-26 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2019- 2020 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2019-52 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2019-2020 Annual Budget and CIP Budgets were adopted by Ordinance 2019-52 on September 17, 2019; WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the course of the fiscal year; WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on the associated revenues and expenditures and the overall impact on the general financial status of the City; WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville, Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the City of Huntsville to amend the annual budget for fiscal year 2019 – 2020 and the Capital Improvements Projects (CIP) budget as set forth herein; and WHEREAS, this ordinance combines the independent Council actions into one budget amendment document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The findings set forth above are incorporated into the body of this ordinance. Section 2. The annual budget for fiscal year 2019 – 2020 is hereby amended to include the expenditures and revenues in Exhibit “A” and the Capital Improvements Projects budget is hereby amended to include the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out verbatim herein. Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other section or portion of this ordinance. Section 5. The necessity for amending the budget for the fiscal year 2019 – 2020 and Capital Improvements Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. Section 6. This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 5th day of May 2020. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _____________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #1f Exhibit A Budget Amendments FY 19-20 May 5, 2020 Increase: Economic Development Fund - Economic Development $ 88,000 monies coming from Fund Balance of the Fund Explanation: The City entered into an Economic Development Agreement with Weatherford U.S., L.P. on October 1, 2018 (Council approved the agreement at their September 4, 2018 meeting; coming from Executive Session). The agreement calls for 2 types of economic development payments from the City; one, for development of jobs where the City would pay Weatherford $1,000 per job created with Walker County residents being in the jobs and two, providing a property tax rebate on increased values of certain Weatherford properties. The City has received the compliance records from Weatherford on the job’s creation provisions in the agreement and there are 88 jobs reported created for Walker County residents; therefore an $88,000 payment to Weathford is calculated. No budget was provided for in the original FY 19-20 Budget. It was unknown at the time of budgeting for FY 19-20 as to how many jobs Weatherford may create. Staff believes the Economic Development Fund is an appropriate Fund to use for these payments. The Fund was created in FY 2018 with an initial funding from General Fund of $760,000. The Fund as of March 31, 2020 has a Fund Balance of $794,145. There have not been any uses of monies from the Fund since its creation. This budget amendment was discussed with the Finanace Committee at their April 21, 2020 meeting. Decrease Street Proj - Bearkat Blvd & Normal Park - acct 800-8709-62300 $ (385,585) Increase: Street CIP Unallocated - 800-999-99999 $ 385,585 Decrease WW CIP RC-01 Basin Manhoe Rehab - acct 702-7182-62300 $ (11,032) Increase: WW CIP Unallocated - 702-999-99999 $ 11,032 Decrease WW CIP West Fork Tanyard Crk Sewer - acct 702-7172-62300 $ (477,149) Increase: WW CIP Unallocated - 702-999-99999 $ 477,149 Decrease Wtr R&R - Old Col Rd/Trinity Cut-off Wtrline Rehab - 703-70316-62300 $ (204,295) Increase: Wtr R&R CIP Unallocated - 703-999-99999 $ 204,295 Explanation: These Budget Amendments relate to CIP projects that have been completed and which have some unused budget which is being requested to be placed in "Unallocated" in the applicable Fund. This has been standard practice. The budget in "Unallocated" is requested for use when other CIP projects within the same Fund are needing additional budget due to actual costs projected to exceed existing budget. Or, at times budget in Unallocated is requested for funding a new project. These budget amendments were discussed with the Finance Committee at their April 21, 2020 meeting. Agenda Item #1g Item/Subject: Consider a motion authorizing the City Manager to approve a purchasing agreement with Office Depot for office supplies as needed for City departmental operations. Initiating Department/Presenter: Finance Presenter: Steve Ritter, Director of Finance Recommended Motion: Move to authorize the City Manager to approve a purchasing agreement with Office Depot for office supplies as needed for City departmental operations through an Omnia Partners cooperative contract expiring June 30, 2024. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: The City has utilized Office Depot for the provision of as-needed office supplies since March 2011. These purchases have been afforded by various purchasing cooperative programs and approved by City Council as necessary, most recently in February 2018 through the National Intergovernmental Purchasing Alliance (NIPA) cooperative, issued and administered through the Region 4 Education Service Center in Houston. The NIPA cooperative has since merged with the U.S. Communities cooperative to become the Omnia Partners purchasing cooperative, with the office supplies contract with Office Depot still offered and administered by Region 4 ESC. The above-referenced internal award recommended by staff and approved by City Council called for expiration at the start of March 2020; however, the Omnia Partners cooperative contract the City award was based upon runs through June 30, 2024, with five (5) additional one-year renewals available through 2029. It is proposed by Purchasing staff that the award recommended herein run through the June 30, 2024 Omnia Partners cooperative contract term expiration, with the five (5) year renewal option considered anew for approval by City Council at that time. The purchasing cooperative continues to afford the City the benefits previously enjoyed by the City, including best pricing discount tiers (pricing discounts are generally by product groupings/manufacturers and not across the board), next day delivery on most items, free shipping for orders over $50, employee training as requested, and customer service/website support for City employees. It has proven advantageous for City departments to have the convenience of both online and in-store purchasing at the same discount tiers. The City has experienced a high degree of departmental satisfaction with Office Depot throughout our history with the company. The City’s current rolling spend with Office Depot for the most recent one-year period through April 20, 2020 is $63,592. Previous Council Action: City Council award of purchasing agreement with Office Depot on February 6, 2018. 5/5/2020 Agenda Item: 1g CITY COUNCIL AGENDA Agenda Item #1g Financial Implications: ☒Item is budgeted: _Various Dept. Accounts __ In the amount of $ _73,173__ Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: none Agenda Item #1h Item/Subject: Consider authorizing the City Manager to amend an agreement with Freese and Nichols, Inc. for professional engineering services for Bond Proposition #3 – Water Infrastructure Projects (#17-01-01). Initiating Department/Presenter: Engineering Presenter: Y.S. “Ram” Ramachandra, City Engineer Recommended Motion: Move to authorize the City Manager to amend the agreement with Freese & Nichols, Inc. for professional engineering services for Bond Proposition #3 – Water Infrastructure Projects (#17-01-01). 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: Freese & Nichols, Inc. has been retained since May 2017 to provide design, procurement, construction support, and construction inspection services for 2016 Bond Proposition No. 3 Water Infrastructure projects. Primarily the project elements consisted of: a) New 2.5 Million Gallon Capacity Elevated Storage Tank package (in Fire Sta No. 1 Site) b) Two new pump stations and a 2 Million Gallon capacity Ground Storage Tank c) New Water Transmission mains (16” through 24” size) connecting the above new facilities The project is substantially complete. The final commissioning of the new water facilities is currently underway and is scheduled to be complete by the end of the month. Per the original agreement, Freese & Nichols, Inc. had to provide services for additional three (3) months in view of the delay in completion of the commissioning of the new water facilities. Much of the delay in completion of the construction of pump stations, ground storage tank and new water transmission mains is weather related. Supervision by Freese & Nichols, Inc. through the completion of the commissioning of new water facilities is essential. The proposed fee in the proposed amendment, Amendment A, is $90,000 ($30,000 x 3 months). With the approval the proposed amendment to the agreement, the total professional services fee will be revised from $4,169,900 to $4,259,900. Previous Council Action: The City Council approved Freese & Nichols original agreement in April 18, 2017 meeting Financial Implications: ☒ 704-70406-62300 Prop 3 Project design and construction – Current balance is $188,158 Approvals: ☒City Attorney ☒Director of Finance ☒City Manager 5/5/2020 Agenda Item: 1h CITY COUNCIL AGENDA Agenda Item #1h Associated Information: • Freese & Nichols, Inc. Proposal • Proposed Amendment A to the Agreement March 31, 2020 Y.S. Ramachandra City Engineer City of Huntsville 448 State Highway 75 Huntsville, TX 77320 RE: Water System Improvements Task 7 Amendment Mr. Ramachandra, We are submitting this letter to request an amendment to the contract for professional services related to the Water System Improvements project. A change to the scope has occurred in Scope of Services Section II;(G), Task 7 Resident Representation. In that section, resident representation for the pump station projects was defined to cover 15 months, which based on the construction notice to proceed (November 12, 2018), ended on February 29, 2020. We are past the date in our agreement due to additions in contract time for the projects. The extension of the construction activities will require additional resident representation for the LP Pump Station, Palm Street New Pump Station and Elevated Storage Tank Projects. This will result in additional construction service/resident representation efforts that will need an amendment of the original agreement. FNI will continue to provide the same effort regarding services stated in the original agreement for an additional three (3) months. FNI will render professional services in connection with the development of the Project as defined above. FNI proposes to complete the additional construction services/resident representation for a lump sum fee of $90,000. The revised contract value for Section II;(G), Task 7 will be $1,189,300.00 and the revised total contract value would be $4,259,900. Upon authorization by the City, FNI will submit a formal amendment for your review and approval. If additional information or clarification is desired, please do not hesitate to contact us. Sincerely, FREESE AND NICHOLS, INC. Alan C. Hutson, P.E. Principal Alan C. Hutson Freese and Nichols, Inc.City of HuntsvilleProject Fee SummaryWater Bond Projects4/14/2020Detailed Cost BreakdownTasksLaborTotalJesus Gonzalez Andrew TurnboughCM Insp$169 $96Period Ending-$ -$ -$ -$ 3/6/2020 41.5 39 81 10,795$ 1,604$ -$ 12,399$ 3/13/2020 41 48 89 11,578$ 1,677$ -$ 13,255$ 3/20/2020 29 35 64 8,206$ 1,460$ -$ 9,666$ 3/27/2020 41 41 82 10,903$ 1,617$ -$ 12,520$ 4/3/2020 40.5 40 81 10,722$ 1,604$ -$ 12,326$ 4/10/2020 40 40 80 10,637$ 1,600$ -$ 12,237$ 4/17/2020 32 40 72 9,281$ 1,532$ -$ 10,813$ 4/24/2020 32 40 72 9,281$ 1,532$ -$ 10,813$ 5/1/2020 20 32 52 6,476$ 1,362$ -$ 7,838$ 5/8/2020 20 32 52 6,476$ 1,362$ -$ 7,838$ 5/15/2020 20 28 48 6,090$ 1,328$ -$ 7,418$ 5/22/2020 16 20 36 4,641$ 1,226$ -$ 5,867$ 5/29/2020 16 16 32 4,255$ 1,192$ -$ 5,447$ 6/5/2020 16 16 32 4,255$ 1,192$ -$ 5,447$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ - 405 467 - 872 $ - $ 68,543 $ 45,051 $ - 113,594$ 20,288$ -$ 133,882$ Basic ServicesSpecial ServicesTotal Project-$ 133,882$ 133,882$ Total EffortTotal HoursTotal Labor EffortTotal Expense EffortTotal Sub EffortTotal EffortTotal Hours / QuantityPhase Task Task DescriptionBasic or Special1 of 1C:\Users\ach\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5Y7FC3J9\Fee Spreadsheet Huntsville Additional Services Updated4/14/2020 ADDENDUM “A” to the AGREEMENT BETWEEN CITY AND ENGINEER FOR PROFESSIONAL SERVICES This Addendum “A” is effective May ____, 2020, and is incorporated into and will be deemed to amend and supplement the Agreement Between City and Engineer For Professional Services (“Agreement”) between the City of Huntsville, Texas (“City”) and Freese & Nichols, Inc. (“Engineer”) entered into on April 26, 2017. This Addendum “A” shall be attached to the Agreement. The Engineer and the City agree that the effective date of this Addendum is May ___, 2020. This Addendum “A” is an amendment to the Agreement and by adding an Exhibit 1 to add additional Professional Engineering Services on Project No. 17-01-01. Exhibit 1 is attached to this Addendum A. The scope of additional services and fee summary of $90,000 for the additional contract amount for the period March 1, 2020 to June 5, 2020 is shown in Exhibit 1. The City and Engineer agree that the other provisions of the Agreement that were not amended remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum “A” with the attached Exhibit 1 in multiple copies, each of equal dignity. The parties are instructed that this Addendum “A” is to be attached to the Agreement. OWNER ENGINEER CITY OF HUNTSVILLE, TEXAS Freese & Nichols, Inc. ____________________________ _____________________ Aron Kulhavy, City Manager Alan Hutson, P.E. -Vice President ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #1i Item/Subject: Consider authorizing the City Manager to apply for the 2020 Coronavirus Emergency Supplemental Funding (CESF) Program and adopt Resolution 2020-21. Initiating Department/Presenter: Finance Presenter: Kristie Hadnot, Grants Manager Recommended Motion: Move to authorize the City Manager to apply for the 2020 Coronavirus Emergency Supplemental Funding (CESF) Program and adopt Resolution 2020-21. Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: The Coronavirus Emergency Supplemental Funding (CESF) Program is a federally funded program recently created by the U.S. Department of Justice – Bureau of Justice Assistance in response to the COVID-19 outbreak. The CESF Program provides funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus. Under this program, the City of Huntsville received a direct award allocation of $40,117. There are no matching funds required for this grant. Under this program, allowable projects and purchases must have occurred on 2/1/2020 and thereafter. Allowable projects and purchases can include, but are not limited to: • Personnel Overtime (Peace officers, jailers, correctional officers, medical, and other essential staff); • Personnel Protective Equipment (PPE); • Supplies (i.e. – Gloves, masks, sanitizer, disinfectant); • Temporary Staff; • Any other costs associated with the implementation of Centers for Disease Control and Prevention (CDC) COVID-19 Guidance documents, specifically: o Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities; o What Law Enforcement Personnel Need to Know About Coronavirus Disease 2019 (COVID-19); o Interim Guidance for Emergency Medical Services (EMS) systems and 911 Public Safety Answering Points (PSAPs) for COVID-19 in the United States; o Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19). To secure funds under this program, Staff is proposing to procure and execute the professional services of a cleaning company which will provide 3 treatments of site sanitization services to various municipal public service buildings within the City. The City facility sites will include City Hall, the Service Center, Police Department, Fire Station #1, Fire Station #4, (3) City Parks, and the Public Library. The proposed cost to complete the disinfectant and sanitization service of all identified facilities is $46,815.00. The 5/5/2020 Agenda Item: 1i CITY COUNCIL AGENDA Agenda Item #1i City proposes to apply the $40,117.00 direct allocation from BJA towards covering the cost of the services, and the City will utilize funds from the General Fund to make up the difference needed to satisfy the remaining costs. The application period for funding is open through the U.S. Department of Justice – Bureau of Justice Assistance. The deadline to submit the application is May 29, 2020. Previous Council Action: No previous Council Action has been taken on this particular item. Financial Implications: ☒ Item is budgeted: A Budget Amendment in the amount of $100,000 was approved at the April 7, 2020 for potential COVID-19 cost. Any additional funds needed beyond the requested grant amount will be utilized from Account 101-113-55088. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Resolution 2020-21 RESOLUTION NO. 2020-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE 2020 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM TO THE U.S. DEPARTMENT OF JUSTICE – BUREAU OF JUSTICE ASSISTANCE (DOJ – BJA) FOR SITE DISINFECTANT AND SANITIZATION SERVICES OF VARIOUS MUNICIPAL PUBLIC SERVICE BUILDINGS WITHIN THE CITY OF HUNTSVILLE; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE 2020 CESF PROGRAM. WHEREAS The City desires to ensure the safety of all its citizens and; WHEREAS It is necessary and in the best interest of the City to apply for funding under the 2020 Coronavirus Emergency Supplemental Funding (CESF) Program. NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that: SECTION 1: A Coronavirus Emergency Supplemental Funding (CESF) application is hereby authorized to be filed on behalf of the City and be placed in competition for funding to the U.S. Department of Justice – Bureau of Justice Assistance. SECTION 2: The application will be for $40,117.00 to conduct site disinfectant and sanitization services within various municipal public service buildings within the City of Huntsville with any cost overruns being allocated from the General Fund. SECTION 3: The Mayor and City Council strongly support this application to address the safety needs of the Community. SECTION 4: The City Council directs and designates the City Manager, as the City’s Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City’s participation in the 2020 Coronavirus Emergency Supplemental Funding (CESF) Program. PASSED AND APPROVED this 5th day of May 2020. THE CITY OF HUNTSVILLE Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ______________________________________________ ________________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #2a Item/Subject: Consider authorizing the City Manager to award the construction contract for 12th Street Sidewalk and Lighting Improvement CDBG Project #18-10-10. Initiating Department/Presenter: Engineering Presenter: Y.S. “Ram” Ramachandra, City Engineer Recommended Motion: Move to authorize the City Manager to award the construction contract to Solid Bridge Construction in the amount of $279,958 for the construction of 12th Street Sidewalk and Lighting Improvement CDBG Project #18-10-10. 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: Texas Department of Agriculture (TDA) approved an award of $250,000 in support of Main Street Program project for the City of Huntsville, funded the 12th Street Sidewalk and Lighting Improvement project through the Texas Community Development Block Grant (TxCDBG) Program and executed the funding Contract (No. 7218122) executed in March 2019. Council Resolution No. 2019-04 passed on October 16, 2018 made available City’s match fund if $110,000 making the total available funds in the amount of $360,000 for the project design and construction. This project primarily involves providing improvements to sidewalk by providing stamped concrete (brick look) and decorative lighting along both sides of 12th Street from Avenue M to Sam Houston Avenue. Necessary ADA ramps, crosswalks and utility adjustments will be achieved as part of the project. The project was bid with stamped concrete sidewalk as part of the Based Bid and Brick paver sidewalk as the Alternate. Notice to Bidders was advertised on April 5, 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 April 14, 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 April 22, 2020. Three (3) bidders submitted bids for this project. The certified bid tabulation is attached. Solid Bridge Construction Huntsville, TX is the low bidder for both the Base Bid and Base Bid + Alternate. The Staff is recommending award for the Base Bid (stamped concrete sidewalk option) in the amount of $279,958 to Solid Bridge Construction. Solid Bridge Construction has satisfactorily completed a concrete walkway project for the City during 2017. Also, Solid Bridge worked as a sub-contractor to Garney Constructions on SHSU Intramural field grading (for detention) part of the FEMA Town Creek Drainage Project during 2016. A letter of recommendation from the engineer is attached to this agenda item. 5/5/2020 Agenda Item: 2a CITY COUNCIL AGENDA Agenda Item #2a The construction contract period will be one hundred and eighty (180) calendar days from the date of the notice to Proceed. Previous Council Action: 1) Authorized the City Manager to apply for TX Dept of Ag Main St grant for $250,000 Plus $110,000 in matching funds, adopted Resolution 2019-04 in support of the same in Oct 16, 2018 meeting; 2) The City Council authorized awarding engineering contract to Gunda Corporation in July 2, 2019 meeting. Financial Implications: ☒Item is budgeted: 814-81422-62300 - Current balance is $293,162 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Location Map • Letter of Recommendation for Award of Construction • Certified Bid Tabulation 13TH STAVE M12TH STSAM HOUSTON AVE13TH STAVE M13TH ST 12TH ST 11TH ST SAM HOUSTON AVEAVE M12001100 1300 1000100011001300 13001200 1100 CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 4/28/2020 CDBG SIDEWALK & LIGHTINGIMPROVEMENT PROJECT 1 in = 100 ft 0 100 20050 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/gis 12th Street Sidewalk and LightingImprovement Project Area LEGEND 12th Street Sidewalk and Lighting Improvement Project Area Court House 32731 Egypt Lane, Suite 501  Magnolia, Texas 77354 (P) 713.541.3530  www.gundacorp.com GUNDA CORPORATION Engineers, Planners & Managers April 27, 2020 City of Huntsville 448 SH 75 North Huntsville, Texas 77320 Attn: Ram Ramachandra, P.E., City Engineer Re: City of Huntsville CDBG Sidewalk and Lighting Improvements Project City of Huntsville Project ID: 18-10-10 Texas Department of Agriculture and City of Huntsville Contract No. 7218122 GUNDA Project No. 19024-01 Tabulation of Bids Received and Engineer’s Recommendation Dear Mr. Ramachandra On April 22, 2020, a total of three (3) bids were received and opened for the CDBG Sidewalk and Lighting Improvements Project in accordance with the Notice to Bidders. The bids have been reviewed and tabulated, see enclosure. Solid Bridge Construction is the responsive low bidder in the amount $279,958.00 with an alternate bid of $37,500.00. The bid included the five percent (5%) bid bond. We pose no objection to the recommendation of awarding the construction contract for City of Huntsville CDBG Sidewalk and Lighting Improvements Project to Solid Bridge Construction. Below is a summary of our full review of the bids received for the project. The Total Bid Price was utilized to establish the order of the bids and identification of apparent low bidder. Bidders and their Total Bids were: Contractor Total Bid Price Submitted Alternate Total 1) Solid Bridge Construction $279,958.00 $37,500.00 $317,458.00 2) Palomares Construction $323,505.00 $31,600.00 $355,105.00 3) Digg Commercial $470,543.45* $15,000.00 $485,543.45 * Math error on bid form. The total on the bid form was higher than the calculated value. If you have any questions, please do not hesitate to call. Sincerely, Kyle A. Bertrand, P.E. Branch Manager, Montgomery County Office Enclosure: Project Bid Tabulation Agenda Item #2b Item/Subject: Consider authorizing the City Manager to apply for the FY 2019 Staffing for Adequate Fire and Emergency Response (SAFER) Grant through the U.S. Department of Homeland Security for $768,600, which includes matching funds of $297,171, and adopting Resolution 2020-20. Initiating Department/Presenter: Public Safety Presenter: Greg Mathis, Fire Chief Recommended Motion: Move to authorize the City Manager to apply for the FY 2019 Staffing for Adequate Fire and Emergency Response (SAFER) Grant through the U.S. Department of Homeland Security for $768,600, including matching funds of $297,171, and adopting Resolution 2020-20. Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: On April 7, 2020, the U.S. Department of Homeland Security opened the FY 2019 SAFER Grant for application. Available funding nationwide under this program’s fiscal year is approximately $350 million. It is anticipated that the agency will make up to 300 funding awards to various communities and fire departments nationwide with focused need in two (2) project areas: • Hiring of Firefighters, and • Recruitment and Retention of Volunteer Firefighters The grant seeks to provide federal funding over the course of a 3-year period. In assessing the most critical needs of the Huntsville Fire Department, Staff has determined that it would be most beneficial to submit an application to aid in the hiring of four (4) new full-time firefighters. The need for more firefighters was confirmed by an extensive Needs Assessment conducted by Dr. John Granito in 2001. The Granito report advised that the City needed four (4) on-duty responders at each active fire station. This is consistent with the National Fire Protection Association (NFPA) standards, which also recommends the presence of four (4) additional personnel members. This grant will help increase the number of on-duty firefighters from three to four, allowing the City to more closely comply with NFPA Standards. In 2017, Huntsville Fire Department responded to 1,429 calls for service, in 2018, Huntsville Fire Department responded to 1,480 calls for service and in FY 2019 the Fire Department responded to 1,498 calls for service. This is an average 2.4% annual increase. There is an expectation that this number will continue to grow as our community’s population and need for public protection continues to grow. The current Public Protection Classification (PPC) from the Insurance Service Office (ISO) is at a rating of PPC 2. During the last review, the Department was identified to have a major deficiency finding identified as a lack of available public safety personnel. Without the availability of grant funds, the City would need to allocate the full estimated cost of $768,600 to cover the salary and benefits for four (4) new firefighters over a 36-month period. 5/5/2020 Agenda Item: 2b CITY COUNCIL AGENDA Agenda Item #2b If the SAFER grant is awarded, the cost allocation share would be as follows for Year 1, Year 2, and Year 3 for all four (4) new firefighters: Effective Year Federal Share Local Share Total Cost for Year 1 $187,425 $62,475 $249,900 2 $192,111 $64,037 $256,148 3 $91,893 $170,659 $262,552 TOTAL of 3 Years $471,429 $297,171 $768,600 Year 4 $-0- $269,1116 $269,116 Should the Council wish to apply for this SAFER grant for fewer firefighters, the costs for each level of staffing from 1 to 4 new firefighters is included on Page 3 of this item. Staff can change the Resolution to reflect the desires of Council; however, maximizing the number of firefighters through this grant process is preferred by Staff. The gear to equip the firefighters is approximately $13,000 each. If those hired are current Huntsville Fire Department volunteers, the gear is already purchased so there would be no cost to the City. The grant only assists with Salary and Benefits costs for the additional firefighters; nothing is provided for equipment needs. The City has no grant obligation to retain these positions after the 36-month grant period. Based on the “Local Share” amounts in the first two years of the grant (assuming 4 firefighters are desired) the impact to the property tax rate is an additional .35 cents ($0.0035). The tax rate impact in the third year when the City’s share is almost $171,000 is estimated to be about .9 cents ($0.009). In the fourth year when there is not grant funding the tax rate impact is estimated to be about 1.4 cents ($0.014) which is $14.00 on a home valued at $100,000. According to the Notice of Funding Opportunity, application funding selections are scheduled to be announced by June 1, 2020 with the anticipated award date scheduled for July 1, 2020. Previous Council Action: City Council previously approved the submission of a prior application on March 5, 2019 with Resolution 2019-24. Financial Implications: ☒Item is not budgeted: If the City is not awarded the SAFER grant, the Fire Department will consider budgeting for the hiring of (1) additional firefighters in the 2020-2021 fiscal year by allocating $62,475 to their budget and potentially budgeting for an additional firefighter in each of the future budget years 2021-2022 and 2022-2023. Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: • Table Summary of Alternative Staffing Levels • Resolution 2020-20 Agenda Item #2b Table Summary of Alternative Staffing Levels Effective Year Staffing Personnel Number Federal Share Local Share Total Cost for the Year Year 1 1 $46,856 $15,619 $62,475 Year 1 2 $93,713 $31,237 $124,950 Year 1 3 $140,569 $46,856 $187,425 Year 2 1 $48,028 $16,009 $64,037 Year 2 2 $96,056 $32,018 $128,074 Year 2 3 $144,083 $48,028 $192,111 Year 3 1 $22,973 $42,665 $65,638 Year 3 2 $45,947 $85,329 $131,276 Year 3 3 $68,920 $127,994 $196,914 RESOLUTION NO. 2020-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF A STAFFING FOR ADEQUATE FIRE AND EMERGVENCY RESPONSE (SAFER) GRANT FOR FOUR (4) FIREFIGHTERS; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE SAFER PROGRAM. WHEREAS The City desires to ensure the safety of all it citizens and; The City of Huntsville requires the Fire Department be charged with this task; and WHEREAS It is necessary and in the best interest of the City to apply for funding under the 2019 SAFER Grant. NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that: SECTION 1: An application is hereby authorized to be filed on behalf of the City and be placed in competition for funding of $768,600, of which $471,429 is to be grant funds allocated for the Huntsville Fire Department to hire four (4) firefighters and the City to provide $297,171 in matching funds for the same. SECTION 2: The Mayor and City Council strongly support this application to address the safety needs of the Community and acknowledges the distinct possibility of a property tax increase to retain these four (4) firefighters after the grant funding is expended. SECTION 3: The City Council directs and designates the City Manager as the City’s Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City’s participation in the 2019 SAFER Grant. PASSED AND APPROVED this 5th day of May 2020. THE CITY OF HUNTSVILLE _____________________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: __________________________________________ ____________________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #3a Item/Subject: Consider Ordinance 2020-27 extending the Disaster Declaration issued by Mayoral proclamation on March 13, 2020 in response to COVID-19. Initiating Department/Presenter: City Manager Presenter: Aron Kulhavy, City Manager Recommended Motion: Move to approve Ordinance 2020-27 extending the Disaster Declaration issued by Mayoral proclamation on March 13, 2020 in response to COVID-19. 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: On March 13th, the Mayor Pro Tem of the City of Huntsville, Texas, issued a Mayoral Proclamation declaring a state of disaster for the City of Huntsville, in response to the COVID-19 being declared a worldwide pandemic on March 11, 2020. On March 17th, the Council adopted an ordinance extending the disaster declaration to be effective until April 8. At subsequent meetings, the Council has extended the disaster proclamation for two weeks with the current ordinance effective until May 6. Since the last ordinance was passed, additional guidance from the state and federal governments has been provided. The most recent order from Governor Abbott began Phase 1 of the reopening of Texas. In this phase, retail, restaurants, and other businesses can reopen to 25% occupancy. Also, the Governor’s orders supersede any ordinance or order in conflict with its provisions. In accordance with the order, many City offices will open back to the public with modified procedures in place to protect employees and the public. This ordinance for consideration is different than the ones before in in that it will extend the local disaster consistent with the Governor’s orders and not just to a particular date. The ordinance states that the local declaration of disaster is in effect until terminated or rescinded provided the ordinance is consistent with the executive orders of the Governor, which are adopted by reference. Although this ordinance extends the disaster declaration indefinitely, it can be revisited at Council’s request at a future meeting. Previous Council Action: The Council adopted Ordinance 2020-17 on March 17th declaring a local disaster for the current COVID-19 crisis through April 8th. An ordinance extending the declaration until April 22nd was approved on April 7th. The declaration was extended until May 6th at the April 21st Council meeting. Financial Implications: ☒Item is budgeted: COVID 19 Response In the amount of $100,000 To date, the City has spent about $76,000 in direct costs related to this incident 4/21/20 Agenda Item: 3a CITY COUNCIL AGENDA Agenda Item #3a Approvals: ☒City Attorney ☒Director of Finance ☒City Manager Associated Information: • Ordinance 2020-27 ORDINANCE NO. 2020-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, EXTENDING THE DISASTER DECLARATION ISSUED BY MAYORAL PROCLAMATION ON MARCH 13, 2020 IN RESPONSE TO THE NOVEL CORONA VIRUS, NOW DESIGNATED AS COVID-19; AND AUTHORIZING PUBLIC EXPENDITURES AND OTHER FINDINGS WHEREAS, on March 13, 2020, the Mayor Pro Tem of the City of Huntsville, Texas, issued a mayoral proclamation declaring a state of disaster for the City of Huntsville, in response to the COVID-19 being declared a worldwide pandemic on March 11, 2020; and WHEREAS, on March 17, 2020, the City Council adopted Ordinance No. 2020-19 extending the declaration to be effective until April 8th, 2020 unless earlier terminated; and WHEREAS, the conditions necessitating such disaster declaration continue to exist; and WHEREAS, the City Council has determined that extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Huntsville and to prevent the suffering of people in the City of Huntsville; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF HUNTSVILLE, TEXAS SECTOIN 1. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2. The declaration of disaster, which was signed and executed by the Mayor Pro Tem on March 13, 2020, and extended until April 8, 2020 by Ordinance 2020-19, and extended until April 22, 2020 by Ordinance 2020-21, and extended until May 6, 2020 by Ordinance 2020-25, shall be renewed and continued in accordance with Section 418.108 of the Texas Government Code, unless terminated by the Mayor’s office, or amended, rescinded, superseded or expire pursuant to applicable law, provided that the declaration is consistent with the Texas Governor’s Executive Order GA-18 and subsequent executive orders issued by the Texas Governor and is also consistent with federal and state law. SECTION 3. The City Council hereby adopts the provisions of Executive Orders GA-18 issued by Governor Greg Abbott on April 27, 2020. The provisions of GA-18 are incorporated herein by reference as if written word for word. To the extent permitted by law, the City Council further adopts and incorporates the provisions of future executive orders of the Texas Governor related to the response to COVID- 19 disaster. For clarity, nothing in the Ordinance is intended to impact the provisions related to the continuation of the local state of disaster as specified in City Ordinance No. 2020-19. SECTION 4. That this Ordinance continues the activation of the City Emergency Plan and activates the recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of all aid and assistance as deemed necessary or desirable by those administering such plans, and activates the preparedness and response aspects of such plans as provided therein and provides the authority for the Mayor to take actions authorized by Section 418.108 of the Government Code. SECTION 5. City Utility Service shall not be suspended for non-payment until such disaster orders by the State, County and City relating to COVID-19 are terminated by order or by law. The City shall also waive all late fees and penalties for March and April for utility service. SECTION 6. That the Mayor may execute any and mutual aid agreements in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the countywide coordination of efforts in emergency management; for the procurement of all necessary supplies and equipment, including acceptance of private contributions; and the authorizing of agreements, after approval of the city attorney, for the use of private property for public shelter and other purposes. SECTION 7. That this Ordinance shall be filed promptly with the City Secretary and shall be given prompt and general publicity. SECTION 8. That this Ordinance shall take effect immediately from and after its issuance. PASSED AND APPROVED on this the 5th day of May 2020. 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 action to accept Councilmember Davidhizar’s resignation from City Council. Initiating Department/Presenter: City Council Presenter: Andy Brauninger, Mayor Recommended Motion: Move to accept At-large Position 1 Councilmember Davidhizar’s resignation. 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: At-large Position 1 Councilmember Paul Davidhizar submitted his resignation from Huntsville City Council at 2:12 p.m. Wednesday, April 29, 2020. The seat is up for election in November 2020, leaving a six-month vacancy in the seat. The Tex. Election Code provides a resignation must be in writing and delivered to the appropriate authority (for the City the Mayor or City Secretary). The City Council cannot refuse to accept the resignation. Section 201.001(a) &(b). The resignation is effective on the date the Council accepts the resignation or on the 8th day after the date of the receipt of the resignation by the City. Whoever receives the resignation should notate the date received and initial. Section 201.023. These dates are binding, regardless of any contrary date in the written resignation. The Huntsville City Charter states if less than 12 months Council may appoint a person to fill vacancy or call a special election. SECTION 4.17 VACANCIES IN THE OFFICE OF COUNCILMEMBER For vacancies in the office of Councilmember arising from any cause, for an expired term of twelve months or less, the remaining members of the City Council may appoint a person to serve as a Councilmember or call a special election to be held on the first uniform election date not earlier than 30 days after the vacancy occurs. The City Council shall not appoint more than one Councilmember in any twelve-month period. 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: • Davidhizar’s resignation letter 5/5/20 Agenda Item: 3b CITY COUNCIL AGENDA Agenda Item #3c Item/Subject: Consider action to appoint a member to City Council for the At-Large Position 1 unexpired term. Initiating Department/Presenter: City Council Presenter: Andy Brauninger, Mayor Recommended Motion: Should the Council choose to, 1. Move to nominate ___________ to the At-Large Position 1 seat; or 2. Take no action on this item. Discussion: At-large Position 1 Councilmember Paul Davidhizar has submitted his resignation from Huntsville City Council at 2:12 p.m. Wednesday, April 29, 2020. The seat is up for election in November 2020, leaving a six-month vacancy in the seat. The Huntsville City Charter states if less than 12 months Council may appoint a person to fill vacancy or call a special election. Council can also choose to take no action and leave the position vacant until the November election is held. SECTION 4.17 VACANCIES IN THE OFFICE OF COUNCILMEMBER For vacancies in the office of Councilmember arising from any cause, for an expired term of twelve months or less, the remaining members of the City Council may appoint a person to serve as a Councilmember or call a special election to be held on the first uniform election date not earlier than 30 days after the vacancy occurs. The City Council shall not appoint more than one Councilmember in any twelve-month period. Previous Council Action: An appointment of a councilmember to the Council has not happened since 1977. There have been Special Elections held to fill vacancies creating a 12+ month term. In June 2013, Councilmember Fitch resigned, and the position was left open until the November election. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Associated Information: • Davidhizar’s resignation letter 5/5/20 Agenda Item: 3c CITY COUNCIL AGENDA