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HomeMy WebLinkAboutAgenda Packet City Council - 01/22/2013Y Tuesday, January 22, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Council Chambers Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. 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 (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Janson Abraham, Kingdom Acts. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 13 -00064 Proclamation declaring February 2013 as "Cancer Prevention Month" Certificate of Commendation to the "Boy Scouts of America Troop #902 and the Coastal Community Aktion Club from the Corpus Christi State Supported Living Center for Outstanding Community Service" City Manager's "At Your Service" Award Corpus Christi Page 1 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2 13 -00059 Executive session pursuant to Texas Government Code SEction 551.071 to consult with attorneys regarding contemplated litigation related to the City of Corpus Christi's wastewater treatment plants, with possible discussion and action in open session. H. MINUTES: 3 13 -00066 Approval of Minutes - January 15, 2013 Attachments: Minutes - January 15, 2013 I. BOARDS & COMMITTEE APPOINTMENTS: 4 13 -00065 Corpus Christi Downtown Management District Corpus Christi Regional Economic Development Corporation Human Relations Commission Corpus Christi Page 2 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 J K. 61 6 Sister City Committee Water Resources Advisory Committee Attachments: 01 -22 -13 final EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance, or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA: (ITEMS 5 - 23) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 7 13 -00011 Corpus Christi Resolution of support and consent to create municipal management district to assist with rebuilding of canal bulkheads that may be damaged by storm or disaster Resolution declaring the City's support of and consent to the creation of the Padre Isles Municipal Management District. Attachments: Agenda memo - PIMD revised Resolution of support for the Texas Coalition for Affordable Power's (TCAP) legislative agenda for the 83rd regular session of the Texas Legislature Resolution of the City of Corpus Christi, Texas, endorsing certain legislative action in the regular session of the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to protect the traditional role of cities in the regulatory process Attachments: Agenda memo - TCAP Legislative Priorities Resolution for potential use of eminent domain to acquire property Page 3 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 E ENOWNDIII- , rights for Mary Rhodes Pipeline City Manager or his designee to acquiring the property interests Phase II Project; authorizing the execute documents necessary for Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate and by waterline easements for a water line pipeline project known as the Mary Rhodes Pipeline Phase 2, which is to be generally located along the route from Bay City, Texas to Lake Texana described as follows: From a point which begins on the west bank of the Colorado River in Matagorda County, Texas just north of the State Highway 35 bridge and runs approximately 41 miles to the City's pump station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Railroad easement on the north side of Blessing, Texas for approximately 2.5 miles west of Blessing and continuing in a southwesterly direction for approximately 5 miles; the alignment will parallel FM 616 and continue through Matagorda County to the Jackson County line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1.5 miles; the alignment will then parallel SH172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the west delivery system on the west bank of the Navidad river in Jackson County; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation within the water line route described herein by a single record vote of the City Council. Attachments: Agenda memo - Mary Rhodes Pipeline Resolution to authorize submission of a nomination form for a State grant for landscape improvements on Holly Road between Corpus Christi Page 4 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 10 11 ii W81110-11161 State Highway 286 and Greenwood Drive (BOND 2012) Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804. -... . .. Construction contract for fire station relocation to Miller High School (BOND 2008) Motion authorizing the City Manager, or designee, to execute a Construction Contract with Sal -Con of Corpus Christi, Texas in the amount of $1,680,500.00 for the Fire Station No. 5 Relocation (Bond 2008) for the Base Bid plus Additive Alternates B, C, D, E, F, G and I. Attachments: Agenda memo - Fire Station 5 R._ I Construction Contract for Americans with Disabilities Act (ADA) improvements to selected intersections within the City (CDBG Residential areas)(BOND 2008) Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the Base Bid of ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in Community Development Block Grant (CDBG) Residential Areas Phase 1 and Phase 2. Attachments: Agenda memo - ADA Group 3 - • + . Professional services contract for study and design of the Cefe Valenzuela landfill access road Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $290,029.00 for the Cefe Valenzuela Landfill - Corpus Christi Page 5 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 12 13 14 Landfill Pavement/Roadway Life Cycle Replacement. Attachments: Agenda memo - Cefe Landfill Pavement Re lacement.pdf Presentation 12 -00829 Service Agreement for elevator and escalator maintenance for City buildings Motion approving a service agreement with Schindler Elevator Corporation, San Antonio, Texas for elevator and escalator maintenance in accordance with Bid Invitation No. BI- 0249 -12, based on lowest responsible bid, for a total expenditure of $93,084.00 of which $54,299.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for one (1) year with four (4) automatic one -year extensions, subject to annual appropriation. Funds have been budgeted by the various using Departments in FY 2012 -2013. Attachments: Agenda Memo - Elevator & Escalator Maintenance. pdf 12 -00875 Resolution to submit a State grant application for speed and driving while intoxicated (DWI) enforcement overtime Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. Attachments: Agenda memo - STEP application 19MMOM1119 12 -00754 Contract with state for administration of duties and payment of record fees for Vital Records Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. Attachments: Agenda memo - Vital Statistics • 1 T Corpus Christi Page 6 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 15 12 -00912 Second Reading Ordinance -A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, at 1309 Glenoak Drive (1st Reading 1115113) Case No. 1212 -02 Chance and Tarah Durbin: A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial to low density residential. The property is described as Lot 1C, Block 1, Dulak Subdivision, located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive. Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. Ordinance: Ordinance amending the Unified Development Code ( "UDC') upon application by Chance and Tarah Durbin ( "Owners "), by changing the UDC Zoning Map in reference to Lot 1C, Block 1, Dulak Subdivision, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - Chance and Tarah Durbin rev1 -4 -13 109011W.Am • 16 12 -00869 Second Reading Ordinance - A Change of zoning from the "RM -AT" Multifamily AT District to the "CRA" Resort Commercial District, at 221, 217, 213 Kleberg Place (1st Reading 118113) Case No. 1112 -03 Guv and Renee Richards (Normadon Properties. Ltd. - Owner): A change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, not resulting in a change of future land use. The property to be rezoned is described as Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. Planning Commission and Staff Recommendation (November 7, 2012) Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon Corpus Christi Page 7 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 application by Normadon Properties, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - Guy and Renee Richards .pdf * wr • 17 12 -00836 Second Reading Ordinance - Amending City code to modify authority of technical construction boards and frequency of meetings (1st Reading 1/8/13) Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206 "Technical construction boards" by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance, penalties, publication, and an effective date. Attachments: Agenda memo - Code amendment for boards • • • �*• -♦ . + •• 18 13 -00007 Second Reading Ordinance -Amending the Unified Development Code to implement the goals of the Parks and Recreation Master Plan (1st Reading 1/8/13) Ordinance amending the Unified Development Code ( "UDC') by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements Attachments: Agenda memo - UDC Txt Amndmt, Public Open Space 12 -21 -2012 19 12 -00809 Second Reading Ordinance - Amending the Capital Improvement Budget and transferring funds for professional services contract for design and installation of cover system at landfill (1st Reading 1/8/13) Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a contract for professional services with CP &Y of Dallas, Texas in the Corpus Christi Page 8 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 amount of $475,465 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover project Attachments: Agenda memo - Cefe Interim Cover 20 12 -00807 Second Reading Ordinance -Amending the Capital Improvement Budget to add funding for the expansion project at Ethel Eyerly Senior Center through Community Development Block Grant (CDBG); Awarding Construction contract for base bid (1st Reading 118113) Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. Attachments: Agenda memo - Ethel Eyerly Senior Center Ordinance Project Budget - Ethel Eyerly SeDior Center Location Map - Ethel Eyerly Senior Center Expansion.pdf Senior Presentation 21 12 -00907 Second Reading Ordinance - Accepting and appropriating State grant for overtime driving while intoxicated (DWI) enforcement during specific calendar periods (1st Reading 118113) 22 12 -00877 Corpus Christi Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67 and appropriating $19,977.68 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - IDM grant [ •l�7ii 011111PJUT Second Reading Ordinance - Appropriating estimated program Page 9 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 income revenue for operating expenditures for health services (1st Reading 118113) Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. Attachments: Agenda memo - P rogra m Income 23 12 -00913 Second Reading Ordinance - Utility easement closure for future development located north of Catalina Place and west of Santa Fe Street (1st Reading 118113) Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. Attachments: Agenda memo - Lamar Park • L. PUBLIC HEARINGS: (ITEM 24) 24 13 -00069 Public Hearing and Motion to amend Consolidated Annual Action Plan (CARP) and cancel specific Community Development Block Grant (CDBG) projects Public Hearing and Motion to authorize the City Manager or designee to execute all necessary documents with the U.S. Department of Housing and Urban Development (HUD) and Consolidated Annual Action Plan (CAAP) grantees for the following HUD approved contracts, cancellations and amendments. Funding from these cancelled projects will be reprogrammed into the FY13 CAAP. Action to be taken will consist of the following: cancellation of an FY07 HOME Investment Partnership Program project for the Messianic Fellowship Church; cancellation of an FY07 Community Development Block Grant (CDBG) Program project for the Montgomery Ward Building rehabilitation Project; cancellation of a FY10 CDBG project forAvance; the changing of a scope of work for a FY10 CDBG project for the Lindale Senior Center; the cancellation of CDBG FY 11 projects for Coastal Bend Alcohol & Drug Abuse Rehabilitation Center dba Charlie's Place, the Gonzalez Foundation, and the Westside Business Association. Attachments: Agenda memo - Substantial Amendment to CAAP M. REGULAR AGENDA: (NONE) Corpus Christi Page 10 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 The following items are motions, resolutions and ordinances that will be considered and voted on individually. N. FIRST READING ORDINANCES: (ITEMS 25 - 28) 25 12 -00910 First Reading Ordinance - Amending City Code of Ordinances to allow wrecker owner to refer assignment for specialized equipment need and increase fees to City for wrecker excess time on scene and wrecker cleanup services Ordinance amending section 57 -251 of the Code of Ordinances by allowing for assignment when specialized equipment is needed; amending section 57 -254 (d) 1. g of the Code of Ordinances by increasing the additional half hour fee to $25.00; amending section 57 -254 (d) 1. i. of the Code of Ordinances by increasing the clean up only fee to $60.00 and clarifying clean up definition; repealing section 57 -242 of the Code of Ordinances (Transfer of disabled vehicles by wrecker not under permit); changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $2,000 Attachments: Agenda memo - Wrecker ordinance revisions 01.15.2013 (Repaired) 26 12 -00796 First Reading Ordinance - Type A agreement and appropriating funds to improve McCampbell Road in front of H.E.B. manufacturing facility Ordinance approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and HEB Grocery Company, LP ( "HEB "), to improve McCampbell Road in front of their bread and tortilla manufacturing facility in Corpus Christi and the retention of jobs Attachments: Agenda memo - HEB Business Incentive t t 27 12 -00915 First Reading Ordinance - Appropriating funds and executing construction contract for Seawall repairs Ordinance appropriating $4,000,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for approved Seawall Maintenance Projects; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $4,000,000; and authorizing the City Manager or designee to execute a construction contract with Structural Concrete Systems, LLC from Magnolia, Texas in Corpus Christi Page 11 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 28 ❑C 29 30 the amount of $515,256.50, for the Bayfront Seawall Repairs 2012. Attachments: Agenda Memo - Seawall Repairs Project Budget Location Map Repairs. pdf • • appropriate ♦ - t - Seawall Presentation - Seawall 13 -00016 First Reading Ordinance - Accepting and appropriating grant for defibrillator purchase Ordinance authorizing the City Manager or designee to accept a grant from the Christus Spohn Hospital Corpus Christi in the amount of $134,395.95 for the purchase of five Zoll X- series defibrillators and its accessories; and Appropriating the $134,395.95 in the Fire Grant Fund No. 1062. Attachments: Agenda memo - Grant from Christus Spohn . ,; - -C+ fi7T+ � . 11' f1iT: ��7�T� t,311[�+1�7.7iTi[►.�i1�t[C3 FUTURE AGENDA ITEMS: (ITEMS 29 - 43) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13 -00005 BOND 2012 Projects (Related Items 29 - 42) Professional services contract for street improvements on Navigation Boulevard from Up River Road to Leopard Street (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $792,350.00, for Navigation Boulevard from Up River Road to Leopard Street for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Navigation 13 -00004 Professional services contract for street improvements on South Alameda Street from Ayers Street to Louisiana Avenue (Proposition No. 1 Streets Projects) (BOND 2012) Corpus Christi Page 12 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $575,957.00, for South Alameda Street from Ayers Street to Louisiana Avenue for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Alameda Project Budget ^•a Location a p - South Alameda. d South Contract - • •' Presentation Alameda 31 13 -00003 Professional services contract for street improvements on Greenwood Drive from Gollihar Road to Horne Road (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Govind Development, LLC from Corpus Christi, Texas in the amount of $390,773, for Greenwood Drive from Gollihar Road to Horne Road for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Greenwood Contract Greenwood Drive. pd Presentation Greenwood Drive 32 12 -00914 Professional services contract for street improvements on Ocean Drive from Buford Street to Louisiana Avenue (Propostion No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese & Nichols from Corpus Christi, Texas in the amount of $855,969, for Ocean Drive from Buford Street to Louisiana Avenue for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Ocean Drive Location a • D . E Contract Ocean Drive. pd Presentation - Ocean Drive 33 13 -00038 Professional services contract for street improvements on Tuloso Road from Interstate Highway 37 to Leopard Street (Propostion No. 1 Street Projects) (BOND 2012) Corpus Christi Page 13 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 34 KR 36 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $331,322.00, for Tuloso Road from IH37 to Leopard Street for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects) Attachments: Agenda memo - Tuloso INIMMISM • • • 13 -00013 Professional services contract for street improvements on South Staples Street from Brawner Parkway to Kostoryz Road (Proposition No. 1) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese & Nichols from Corpus Christi, Texas in the amount of $731,030, for South Staples Street from Brawner Parkway to Kostoryz Road for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Staples Project Budget - Staples Location a p - South Staples Street.pdf Contract • a • d Presentation • Staples Street 13 -00027 Professional services contract for street improvements on South Staples Street from Morgan Avenue to Interstate Highway 37 (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $837,162.50, for South Staples Street from Morgan Avenue to I H 37 for the design, bid, and construction phase services BOND ISSUE 2012. Attachments: Agenda memo - Staples - Morgan to IH 37 Project dg • les - Morgan to 1H 37 Contract Location Map - South Staples Street from Morgan Avenue to 1H 37.pdf • a• from • g Avenue to 1H 37.pdf Presentation - South Staples from Morgan to 1H 37 13 -00012 Professional services contract for street improvements on McArdle Road from Ennis Joslin Road to Whitaker Drive (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract Corpus Christi Page 14 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $957,720.00, for McArdle Road - Nile Drive to Ennis Joslin Road and McArdle Road from Whitaker Drive to Nile Drive for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects) Attachments: Agenda memo - McArdle Project Budget T r • . Location Map - McArdle Road Improvements.pdf Contract - McArdle Road Improvements.pdf Presentation - McArdle Road Improvements 37 13 -00001 Professional services contract for street improvements on Kostoryz Road from Brawner Parkway to Staples Street (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $516,210.00, for Kostoryz Road from Brawner Parkway to Staples Street for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) Attachments: Agenda memo - Kostoryz • •+�_ '• , Location Kostoryz Road From Brawner Parkway M• M. pdf 38 13 -00002 Professional services contract for street improvements on Horne Road from Ayers Street to Port Avenue (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $244,362.50, for Horne Road from Ayers Street to Port Avenue for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) Attachments: Agenda memo - Horne Rd Contract - Horne Road from Ayers Street to PortAvenue.pdf Presentation • e Road-Ayers to Road-A Port Project dge Horne Road from Ayers to Port 39 13 -00020 Professional services contract for street improvements on Morgan Avenue from Staples Street to Crosstown Freeway (Proposition No. 1 Street Projects) (BOND 2012) Corpus Christi Page 15 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 40 41 42 13 -00019 Corpus Christi Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. from Corpus Christi, Texas in the amount of $448,310.00, for Morgan Avenue from Staples Street to Crosstown Freeway for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) Attachments: Agenda memo - Morgan Contract - Morgan Avenue from Staples d Presentation - Morgan from Staples to Crosstown Professional services contract for street improvements on Twigg Street from Shoreline Boulevard to Lower Broadway (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $344,493.00, for Twigg Street from Shoreline Boulevard to Lower Broadway for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Twigg Project ••- Twigg Location Map g r, pdf Contract g a pdf Presentation Twigg Professional services contract for street improvements on Leopard Street from Crosstown Freeway to Palm Drive (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $563,389.00, for Leopard Street from Crosstown Freeway to Palm Drive for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Agenda memo - Leopard Project Budget o a Location Map - Leopard Street.pdf Contract - Leopard Street.pdf Presentation - Leopard Professional services contract for the JFK Causeway Area Page 16 Printed on 111812013 City Council Meeting Agenda - Final January 22, 2013 improvements (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering, from Corpus Christi, Texas in the amount of $162,520.00, for the JFK Causeway Area Improvements for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) Attachments: Agenda memo - JFK Project Budget - JFK Location Map Area . • Contract a - a Improvements.pdf 43 13 -00060 Resolution determining necessity for and ordering improvements for paving assessment project; specifying payment and approving plans and specifications for improvements; setting a public hearing for proposed assessments (BOND 2008) Resolution determining the necessity for and ordering improvements to Vaky Street from Swantner Drive to Reid Drive; Ivy Lane from Gollihar Road to Horne Road; and Clare Drive from South Padre Island Drive to McArdle Road (the "Improvements "); specifying payment of the improvements partly by the City and partly by assessments; directing the filing of a notice of proposed assessments with the Nueces County Clerk; approving plans and specifications for the improvements; approving the Construction Cost Estimate; setting a public hearing on these proposed assessments for the February 26, 2013 City Council Meeting: directing publication of notice of the hearing and ordering notice of the hearing be provided to property owners. (Bond 2008) Attachments: Agenda Memo - Pave Assess Vaky Ivy Clare Q. CITY MANAGER'S COMMENTS: * Update on City Operations R. ADJOURNMENT Corpus Christi Page 17 Printed on 111812013 a, 7 Tuesday, January 15, 2013 A. B. C. E Corpus Christi Meeting Minutes - Final CALL MEETING TO ORDER. INVOCATION. City Council 11:30 AM Mayor Martinez called the meeting to order. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers The invocation was delivered by Deacon Michael Mantz, Diocese of Corpus Christi. PLEDGE OF ALLEGIANCE. ROLL CALL. The Pledge of Allegiance was led by Kristina Leal, Chief of Staff, Mayor's Office. City Secretary Armando Chapa verified that the necessary quorum of the Council and the following necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. (Note: Mayor Martinez left the meeting at 11:45 am and returned at approximately 1:15 pm) Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Proclamations / Commendations 1. Proclamation declaring January 2013 as "National Blood Donor Month" Proclamation declaring January 21, 2013 as "Martin Luther King Holiday Celebration and Commemorative March" Mayor Martinez read and presented the Proclamation. Mayor Martinez announced that a short recess of the Council meeting until 12:00 Noon. The council reconvened the meeting. F. PUBLIC COMMENT. Mayor Pro Tern Loeb referred to Public Comment. Jerry Garcia spoke about Corpus Christi Page 1 Printed on 111712013 City Council Meeting Minutes - Final January 15, 2013 the amount of funding received by Southside Youth Sports Complex, and referred to the distribution of bond funds to other youth sport programs; Joan Veith spoke of a recent trip and complimented the Airport department and staff stating they were efficient and professional. G. EXECUTIVE SESSION: (NONE) H. MINUTES: 2. Approval of Meeting Minutes - December 18, 2012 and January 8, 2013. A motion was made by Council Member Mclntryre, seconded by Council Member Leal and passed to approve the minutes of December 18, 2012 and January 8, 2013 as presented. J. FUTURE AGENDA ITEM: (ITEM 3) Mayor Pro Tern Loeb referred to the Future Agenda, Item No. 3 and stated that this item is for informational purposes only and that no action or public comment would be taken. City Manager Olson stated that staff would make a presentation on Item No. 3. 3. Resolution of support and consent to create municipal management district to assist with rebuilding of canal bulkheads that may be damaged by storm or disaster Resolution declaring the City's support of and consent to the creation of the Padre Isles Municipal Management District. This Resolution was recommended by staff to the Consent Agenda. K. PUBLIC HEARINGS: (ITEMS 4 - 5) Mayor Pro Tern Loeb referred to Item No. 4. Mark Van Vleck, Interim Director of Development Services provided a brief overview of the re- zoning request. He stated that the purpose of rezoning the property is to allow for single - family residential uses. A motion was made by Council Member Scott, seconded by Council Member Magill to open the public hearing. There was no public comment. A motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing. 4. Public Hearing and First Reading Ordinance - A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, at 1309 Glenoak Drive Case No. 1212 -02 Chance and Tarah Durbin: A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial to low density residential. The property is described as Lot 1C, Block 1, Dulak Subdivision, located along the south side of Corpus Christi Page 2 Printed on 111712013 City Council Meeting Minutes - Final January 15, 2013 Glenoak Drive and approximately 500 feet east of Flour Bluff Drive. Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. Ordinance: Ordinance amending the Unified Development Code ( "UDC') upon application by Chance and Tarah Durbin ( "Owners "), by changing the UDC Zoning Map in reference to Lot 1C, Block 1, Dulak Subdivision, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 5. Public Hearing and First Reading Ordinance - Amending the Unified Development Code relating to off - premise signs Ordinance amending the Unified Development Code ( "UDC') by revising subsection 7.5.7.A.7. relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. The foregoing ordinance failed to pass with the following vote: Allen, Garza, and Scott voting "Aye "; Leal, Loeb, Magill, McIntyre, and Riojas voting "No "; and Martinez "Absent ". L. BRIEFINGS TO CITY COUNCIL: (ITEMS 6 - 10) 6. Bond Issue 2004 and 2008 Status Mayor Martinez referred to Item No. 6, Bond 2004 and 2008 Status Updates. Mr. Dan Biles, Director of Engineering Services provided an update on the current status of the voter approved Bond 2004 and Bond 2008 projects. Mr. Biles reported that there were 37 projects in Bond 2004 and that 34 projects have been completed, 1 project is under construction, and 2 projects are in design. He then provided an update on Bond 2008 and reported that there were 59 projects, 33 projects have been completed, 18 projects are under construction, 2 projects are ready to be awarded for construction, 4 projects are in design, and 2 projects are on hold. 7. City Wide Effluent Master Plan Corpus Christi Page 3 Printed on 111712013 City Council Meeting Minutes - Final January 15, 2013 Mayor Martinez referred to Item No. 7, Update on City Wide Effluent Re -Use Master Plan. Mr. Dan Biles, Director of Engineering Services provided an update of the program background, current status, future measures and policy considerations. He discussed the TCEQ requirements allowed for the two types of recycled water quality and uses. Mr. Biles discussed the two main rate systems - market based and cost recovery based; current and future potential users, and the timeline to move forward. 8. Leveraging Local Funds Spent for the Development/Redevelopment of the Corpus Christi Bayfront Mayor Martinez referred to Item No. 8, Update on Leveraging Local Funds Spent for the Development/Redevelopment of the Corpus Christi Bayfront. Mr. Wes Pierson, Assistant City Manager stated that the area of the develop men tlredevelopment of the City's Bayfront Area is from North Beach to the Destination Bayfront Site. Mr. Pierson stated that there is a tool from the Federal Transportation Administration that creates a local fund repository that captures the value of dollars spent on identified projects that could be utilized as the local share for future FTA funded grant projects in the Bayfront Area. He discussed the concept and displayed an aerial map depicting the project area. Mr. Pierson stated that the available funding must be obligated by FY2013. He also discussed the costs and benefits and the stakeholders. 9. Backflow Prevention Program Mayor Martinez referred to Item No. 9, Presentation on City's Backflow Prevention Program. Mr. Mark Van Vleck, Interim Director of Development Services discussed "What is Backflow", and the hazards associated when backflow occurs. Mr. Van Vleck stated that backflow is regulated by the Texas Administrative Code and the International Plumbing Code. He discussed the causes and frequencies of confirmed backflow events in 2011, and the Number of Devices and Failure Rates in 2009, 2010 and 2011. There was a consensus of the council to change the lawn irrigation inspections from one year to every two or three years, and to reduce the penalty from criminal to non - criminal. 10. Street Maintenance Fee Mayor Martinez referred to Item No. 10, Street Maintenance Fee. Oscar Martinez, Assistant City Manager provided an overview and discussed the policy issues relating to the Street Maintenance Fee, land use categories, the concept of tiering and alternatives, legality of the street maintenance fee, administrative procedure moving forward with the implementation, work plan over the next three years (seal coat and overlays), and a recommendation for action. Mr. Martinez stated that the Staffs recommendation was the Tiered system (three tiers for residential and 4 tiers for non - residential); proposed 6 Trip Factors which includes rates for each tier and each applicable category for residential and non - residential. He further explained the square footage for each tier, and discussed the formula. Mr. Martinez discussed the land use categories, other rate model alternatives and sample calculations, summary of legal aspects, work plan for Street Chip Seal Coat and Street Asphalt Mill and Overlay. Mr. Martinez provided a summary of the points for consideration: 1) general Corpus Christi Page 4 Printed on 111712013 City Council Meeting Minutes - Final January 15, 2013 acceptance of the land use categories; 2) consider a single for tiering rate but also do a comparison of scaling per 100 square feet; 3) consider discounts for either low income or no vehicle; 4) consideration of administrative burden and cost shifting amoung customers; 5) keep Council informed of administrative procedures; 6) improve square footage per meter; and 7) recommendation and final action in February. M. CITY MANAGER'S COMMENTS: * Update on City Operations City Manager Olson stated that there was no update on city operations. N. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 5:19 pm. Corpus Christi Page 5 Printed on 111712013 a. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — One (1) vacancy with term to 07 -01 -16 representing one of the following: a resident of the district; an owner of property in the district; an owner of stock, or corporate owner of property within the district, or an agent, employee or tenant of one of the above. (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Corpus Christi Downtown Management District is recommending the new appointment of Joe Gonzalez (A/E/7) to fill the vacancy.) ORIGINAL BOARD MEMBER TERM APPTD. DATE Raymond Gignac (PO) 07 -16 08 -21 -01 Eloy Salazar (PO) 07 -14 07 -27 -04 Con Browne (A /E /T) 07 -14 07 -31 -12 Wayne Lundquist (A /E /T) 07 -16 08 -22 -00 Jonathan Richter (A /E/T) 07 -16 07 -31 -12 Tracy (Tray) E. Bates (A /E/T) 07 -14 07 -19 -11 Glenn R. Peterson (PO) 07 -14 06 -08 -10 Casey Lain (PO) 07 -14 06 -08 -10 Christopher Lawrence (A/E /T) 07 -14 03 -29 -11 Cass Austin Gabriel (R) 07 -14 07 -19 -11 Dee Dee Perez (A/E /T) 07 -14 06 -08 -10 Janet Maxwell (SO) 07 -16 12 -18 -12 Tim Heuston (A/E /T) 07 -16 03 -29 -11 Harold Shockley, Jr. (A /E /T) 07 -14 05 -08 -12 ** *Chad Magill (A/E /T) 07 -16 08 -22 -06 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Corpus Christi Downtown Management District is recommending the new appointment of Joe Gonzalez (A/E/7) to fill the vacancy.) INDIVIDUALS EXPRESSING INTEREST: Joe Gonzalez Vice - President Small Business Banking, Bank of America, N.A. Received a Bachelors in Liberal Studies; Political Science from St. Edward's University, Austin, Texas. Activities include: Greater Austin Chamber of Commerce, Greater Austin Hispanic Chamber of Commerce, Tx. Assn. of Mexican American Chambers of Commerce, East Austin Lions Club, People Fund Loan Committee, former board member for Texas Workforce Commission. (Agent/Employee/Tenant) (1110113) Bryan G. Hall Showroom Manager, Janet Maxwell Business Interiors of Texas. Received a Bachelors of Business Administration with a focus on Management from Texas A &M University- Corpus Christi. Activities include: Delta Sigma Pi Fraternity, and volunteers at community events. (Agent/Employee/Tenant) (7120112) Stephanie Knox Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (Agent/Employee/Tenant) (11106112) Jennifer Reid Downtown Business Owner, Threads. Received a Business Accounting Certificate. (Corporate Property Owner) (7/18/11) b. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION — Two (2) vacancies representing the City of Corpus Christi with terms to 12- 31 -15. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three -year staggered terms and one (1) director (Council Member) appointed by the Mayor of the City of Corpus Christi. The remainder of the Board shall be comprised of not more than seven (7) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port; the Mayor shall also serve as an ex- officio, voting director. The City Manager and Port Director shall serve as ex- officio, non - voting members. The directors shall serve not more than two, consecutive, three -year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. Garry Bradford (Mbrshp.), Vice -Ch. 12 -31 -14 Mayor David Krebs (Portland) 12 -31 -12 Judge Terry Simpson (San Pat. Cnty) 12 -31 -12 Port Director John LaRue Ex- Officio, NonVoting City Manager Ronald L. Olson Ex- Officio, Nonvoting Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Corpus Christi Regional Economic Development Corporation is recommending the reappointment of Art Granado and the new appointment of Jerry Dewbre.) ORIGINAL MEMBERS TERM APPTD. DATE Sam Beecroft (City), Chair 12 -31 -14 12 -09 -08 *Art Granado (City) 12 -31 -12 12 -15 -09 * *Edward A. Martin (City) 12 -31 -12 07 -17 -12 Willard H. Hammonds, Jr. (City) 12 -31 -13 12 -14 -10 Rudy Garza (Mayor Appt) Term of Office, Voting 11 -20 -12 Mayor Nelda Martinez Term of Office, Voting 11 -20 -12 Richard Borchard (Port Authority) 12 -31 -13 Robert Kostelnik (Port Authority) 12 -31 -14 Charlie Hicks (Membership) 12 -31 -13 Steve DeSutter (Membership) 12 -31 -14 Elizabeth Chu Richter (Membership) 12 -31 -12 Gabriel Guerra (Membership) 12 -31 -14 Sandra Alvarez (Membership) 12 -31 -12 Steve Woener(Membership) 12 -31 -13 Garry Bradford (Mbrshp.), Vice -Ch. 12 -31 -14 Mayor David Krebs (Portland) 12 -31 -12 Judge Terry Simpson (San Pat. Cnty) 12 -31 -12 Port Director John LaRue Ex- Officio, NonVoting City Manager Ronald L. Olson Ex- Officio, Nonvoting Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Corpus Christi Regional Economic Development Corporation is recommending the reappointment of Art Granado and the new appointment of Jerry Dewbre.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Art Granado (City) 12 12 100% OTHER INDIVIDUALS EXPRESSING INTEREST: James Abram Self- employed, Air Traffic Control Consultant. Received B.S. in Aeronautics and M.S. in Aviation Management. (4/14/11) Richard Bell Controller, United Energy Logistics. Received a Master of Accountancy degree from Texas A &M University- Corpus Christi. Activities include: Governor's Regional Emerging Technology Fund selection board, Corpus Christi Yacht Club, Corpus Christi Sunrise Rotary Club, Coastal Bend Business Plan Competition Committee, and Founding Director of Coastal Bend Business Innovation Center (2009 - 2011). (6121112) Jerry C. Dewbre Managing Director, Dewbre Management, LLC. Activities include: Dewbre Petroleum Corp., Chairman of Board, First United Methodist Foundation, Chairman of Board, Corpus Christi Oilman's Tennis Tournament Committee. (12/18/12) John Garcia Director of Sales and Marketing, Comfort Suites. Has been in the tourism /hospitality industries for over 15 years. Former CVB Destination Manager — sports and Mexico market. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Hispanic Chamber of Commerce, Hospitality Sales Marketing Assoc., and volunteers with Harbor Lights Festival. (11/12/12) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Scott M. Harris Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction proj ects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (10/31/12) Beth Kingsbury Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A &M University - College Station and MBA from Texas A &M University- Corpus Christi. Activities Include: Nueces County A &M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle, and Leadership Corpus Christi. (1/7/11) Stephanie Knox Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (11106112) Susan Lawson Self - Employed, Insurance/Financial Agent. Received a BA in History from the University of Texas at El Paso. Attended TAMU -CC for some post - graduate level courses. Licensed insurance agent. Activities include: National Association of Health Underwriters, Coastal Bend Health Underwriters, National Assn. of Insurance & Financial Advisors, and Legal Shield Associate/Manager. Also serves on Friends of the Corpus Christi Public Libraries, and Flour Bluff Business Association. (11/16/12) Anthony John Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Homer Ramos Retired Administrator of Del Mar College. Remains Adjunct Professor with Del Mar. Received his BA from Pan American University, and his MA from Texas A &I University. (12103112) Rick Sowash Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (513111) Marsha Williams Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (618111) M HUMAN RELATIONS COMMISSION — Two (2) vacancies with terms to 6- 14 -13, one of which is a Youth member (Age 16 -20). (Appointed by the Mayor with approval of the City Council.) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Ramiro H. Gamboa, Chairperson (6- 14 -13) 6 -14 -14 1 -15 -08 Kathleen (Katy) Cooper 6 -14 -14 2 -23 -10 ** *Denise S. Villagran 6 -14 -13 6 -29 -10 Abel Alonzo 6 -14 -15 2 -14 -12 Edna Arredondo 6 -14 -15 8 -12 -08 William "Mickey" Kramer, Jr. 6 -14 -15 6 -19 -12 Joel S. Mumphord 6 -14 -14 8 -14 -12 Rev. Derrick Reaves 6 -14 -14 7 -11 -06 Elias Valverde 6 -14 -13 6 -29 -10 Margie Myers (Selling Dwellings) 6 -14 -13 7 -24 -07 Toni Cole Davis (Rental Dwellings) 6 -14 -15 7 -07 -09 ** *Justin Cortez (Youth) (Tuloso Midway ISD) 6 -14 -13 6 -19 -12 Grace Roberson (Youth) (Flour Bluff ISD) 6 -14 -13 6 -19 -12 Eleni Salazar (Youth) (W. Oso ISD) 6 -14 -13 6 -19 -12 Carlos Vargas (Com. Per. Dis. Chair)Ex- officio (Voting) Carlos Aguinaga (Legal Aide Society), Continuous Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Human Relations Commission is recommending the new appointment of Jaimee Contreras for the Regular Member position.) INDIVIDUALS EXPRESSING INTEREST (ADULT POSITION): Jaimee Contreras Attending college in Mass Communications studies, including television and radio journalism. Graduate of A.C. Jones High School in Beeville, Texas. Activities include assisting with Public Access Channel television programming. (11/21/12) Almira Flores Radiology Technician, Christus Spohn Health Systems. Graduated from School of Radiology. Activities include: Coastal Bend Society of Radiology Technicians, World Affairs Council, So. Texas Institute of Arts, Women's Network of Texas, Community in Schools, Diabetes Walk, Relay for Life, former Sister City Committee. (12122111) Jose Mario Gomez, Ph.D. Clinical Director, Beacon of Hope Foster Care Agency. Received a BS in Criminal Justice from UT- Brownsville, an MS in Psychology from TAMU -K, and a Ph.D. in Counseling Education from TAMU -CC. Currently licensed professional counselor. Activities include: Foster Youth Life Investment Partners, Hispanic Chamber of Commerce, and advisory committee member at St. Patrick Catholic School. (11130112) Merced V. Pena Semi - retired. Consultant work with Vamos Productions as Media /Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (12118112) Brian Solarek Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) Timothy W. Weitzel Completed two years at Del Mar College in Computer Information Systems: Internet Multimedia. Worked previously for a local law firm. Interests include: tasks that require organization and integrity. (01103113) Angela Munselle -Woods Self- employed/Home repair company. Former Realtor /business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City in any capacity. (1110113) YOUTH APPLICANTS EXPRESSING INTEREST: Alexander Christian Call Flour Bluff High School — Senior / Fall 2012 Student Newspaper, pending Editor -in- Chief. National Honor Society member, Citgo - Caller Times Distinguished Scholar School Nominee, Boy Scouts of America — Council Executive Board Youth Representative, Order of the Arrow Section Officer, working towards Eagle Scout Award. Participated in numerous Leadership Conferences. (5/10/12) Eric Davis W.B. Ray High School — Senior / Fall 2012 Student Council member, International Baccalaureate Program — Best Communicator Award, Spanish Club, Varsity Tennis Team, numerous State and National awards. Recipient of the 2010 -2011 Hugh O'Brian Youth Leadership Award. (9106111) Corey Elizondo Foy H. Moody High School — Senior / Fall 2012 Innovation Academy of Engineering, Environmental and Marine Science Innovation Academies, Go Green Club, Innovation Academy's Mate Robotics Club, Varsity Football Team. (6102111) Kevin Powell Flour Bluff High School — Senior / Fall 2012 National Honor Society member, Spanish Honor Society, Interact Club, UIL Academic Social Studies, Ready Writing, Current Events and Journalism Team, Flour Bluff Newspaper staff (Waldron Street Journal), Varsity Tennis Team member, KEDT Challenge Trivia Show contestant, and Student Council member. (5110112) rot MECHANICAL/PLUMBING ADVISORY BOARD — Six (6) vacancies with terms to 1 -02 -15 representing the following categories: 2 — Air Conditioning, 1 — Commercial Builder, 1 — Master Plumber, 1 — Irrigator, and 1 — person not connected with the building industry. (Staff is recommending postponement of the Person Not Connected with the Building Industry category pending recruitment of additional applications) DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical Code. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. MEMBERS James E. Mokry, Jr. (Master Plumber) * *Bruce S. Hawn (Not Conn. Bldg. Ind.) *David Mathews (Air Conditioning), Co -Chair Sean M. Rodriguez (Mechanical Eng.), Chair *Billy Largin (Commercial Builder) *Clinton Bailey (Master Plumber) Gilbert G. Canales, Jr. (Plumber) Ronald Klepac (Air Conditioning) *Julio Sanchez (Air Conditioning) Stacy Gallagher (Home Builder) *Karim I. Salighedar (Irrigator) Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation (The MechanicalUPlumbing Advisory Board is recommending the reappointments of David Mathews (A/C), Billy Largin (Commercial Builder), Clinton Bailey (Master Plumber), Julio Sanchez (A/C), Karim Salighedar (Irrigator)). ORIGINAL TERM APPTD. DATE 1 -02 -14 2 -09 -10 1 -02 -13 2 -08 -11 1 -02 -13 7 -21 -09 1 -02 -14 5 -13 -08 1 -02 -13 7 -21 -09 1 -02 -13 2 -08 -11 1 -02 -14 1 -24 -12 1 -02 -14 1 -24 -12 1 -02 -13 7 -21 -09 1 -02 -14 2 -09 -10 1 -02 -13 7 -21 -09 (The MechanicalUPlumbing Advisory Board is recommending the reappointments of David Mathews (A/C), Billy Largin (Commercial Builder), Clinton Bailey (Master Plumber), Julio Sanchez (A/C), Karim Salighedar (Irrigator)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME David Mathews (A/C) Billy Largin (Comm. Builder) Clinton Bailey (Mstr. Plmbr.) Julio Sanchez (A /C) Karim Salighedar (Irrigation) NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 7 6 86% 7 4 57% 7 4 57% 7 3 43% 7 7 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Paul Braly Plumbing Superintendent, Malek, Inc. High School Graduate, Plumbing Apprenticeship, 37 -year Journeyman Plumber, 28 -year Master Plumber, Med gas certified, Backflow certified. Activities include: Coastal Bend Chapter of American Backflow Prevention Association. (Plumber) (Master Plumber) (04112111) Roger Perez GM Residential and Light Commercial, Malek, Inc. Attended Del Mar College. Activities include: Vice President, ACCACB Chapter and CC Networking Group. (Air Conditioning) (06108111) e. SISTER CITY COMMITTEE — Six (6) vacancies with terms to 9 -01 -13 and 9- 01 -15. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of fifteen members (formerly twenty -one) and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his /her absence. ORIGINAL MEMBERS TERM APPTD. DATE *Hailey Jordan Kimball 9 -12 6 -12 -12 * * *Andi Baker 9 -12 6 -28 -11 ** *Maria Elena Mendez 9 -13 1 -11 -11 Donald Russell 9 -13 10 -13 -09 John Rocha, General Chairman 9 -14 9 -23 -08 John Henry Porter 9 -14 6 -12 -12 Susane "Westi" Horn 9 -14 11 -15 -11 Dr. Judith Prewitt 9 -14 1 -11 -11 Heather Moretzsohn 9 -13 1 -11 -11 Tim Dowling 9 -13 7 -10 -07 John R. Seaman 9 -13 1 -11 -11 Kelly Kimball 9 -14 11 -15 -11 * * *Mohamad Omar 9 -12 6 -28 -11 *Christine Kallas, Vice -Chair 9 -12 5 -11 -10 *Alan Thornburg 9 -12 10 -13 -09 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences * * ** *Has met six -year service limitation (The Sister City Committee is recommending the reappointments of Hailey Jordan Kimball, Christine Kallas, and Alan Thornburg. They are also recommending the new appointments of John Richard Sloan, Wan Sun Kim, and Yvonne Fernandez.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT Yvonne Fernandez Merchandising Executive for South Central Region, Macy's Department Store. Pursuing BBA and Management degree at Del Mar College, transferring to TAMU -CC. Activities include: Embajador of Corpus Christi Hispanic Chamber of Commerce, Young Business Professionals of the Coastal Bend, and Alpha Beta Gamma. (7/31/12) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Wan Sun Kim Received a BA in English language and literature (summa cum laude graduate) in Korea. Activities include: helped host events in Seoul City. In the USA, promoted a musical "The Covenant Journey ", recently Master of Ceremonies at the 62nd Anniversary Ceremony for Korean War Veterans in Corpus Christi. Assists the Korean Chamber of Commerce. (10105112) Anthony John Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) John Richard Sloan Retired. Former Regional Pension Manager with StanCorp Financial Group. Graduate of Seattle University. Activities include: current Lay Chaplain assigned to the Port of Corpus Christi Authority assisting seafarers on visiting ships, Corpus Christi International Seamen's Center, Corpus Christi Beach Assn., Harbors Homeowners Assn., The Christopher Club of Corpus Christi. (08129112) NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Hailey Jordan Kimball 3 2 67% Christine Kallas 10 5(2 -exc.) 50% Alan Thornburg 10 10 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Yvonne Fernandez Merchandising Executive for South Central Region, Macy's Department Store. Pursuing BBA and Management degree at Del Mar College, transferring to TAMU -CC. Activities include: Embajador of Corpus Christi Hispanic Chamber of Commerce, Young Business Professionals of the Coastal Bend, and Alpha Beta Gamma. (7/31/12) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Wan Sun Kim Received a BA in English language and literature (summa cum laude graduate) in Korea. Activities include: helped host events in Seoul City. In the USA, promoted a musical "The Covenant Journey ", recently Master of Ceremonies at the 62nd Anniversary Ceremony for Korean War Veterans in Corpus Christi. Assists the Korean Chamber of Commerce. (10105112) Anthony John Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) John Richard Sloan Retired. Former Regional Pension Manager with StanCorp Financial Group. Graduate of Seattle University. Activities include: current Lay Chaplain assigned to the Port of Corpus Christi Authority assisting seafarers on visiting ships, Corpus Christi International Seamen's Center, Corpus Christi Beach Assn., Harbors Homeowners Assn., The Christopher Club of Corpus Christi. (08129112) Brian Solarek Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) f WATER RESOURCES ADVISORY COMMITTEE — Two (2) vacancies with terms to 4 -01 -13 and 4 -01 -14 representing the following: 1 — Military Facility representative, and 1 - Landscaping /Nursery/Horticulture interest. (Appointed by the Mayor with the approval of the City Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping /nursery /horticulture interest; I - representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s). Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Robert D. Torres Public Affairs Officer, U.S. Navy at Naval Air Station Corpus Christi. Received a Bachelor of Arts from University of the Incarnate Word. Attended numerous military schools, primarily in photojournalism. Retired U.S. Veteran, U.S. Marine Corps. (Military Facility) (1/09/13) ORIGINAL MEMBERS TERM APPTD. DATE Don Roach (Wholesale Treated) 4 -01 -13 9 -22 -09 Jeff Edmonds (Residential Cust.) Chair 4 -01 -13 3 -11 -08 Michael Cox (Lg. Commercial) 4 -01 -13 3 -20 -07 Robert Kunkel (Port Industries) 4 -01 -14 7 -17 -12 Scott Kucera (School District) 4 -01 -14 4 -10 -12 ** *Donald K. Zimmerman (Military Facility) 4 -01 -13 4 -12 -11 ** *Michael Potter (Landscaping) 4 -01 -14 8 -31 -10 Paula E. Stanley (Apt. Owners Assn.) 4 -01 -14 7 -17 -12 Lucia I. Sosa (Citizen at Large) 4 -01 -14 4 -10 -12 Council Member Lillian Ricjas Ex- officio, non - voting 1 -07 -13 Council Member Mark Scott Ex- officio, non - voting 1 -07 -13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Robert D. Torres Public Affairs Officer, U.S. Navy at Naval Air Station Corpus Christi. Received a Bachelor of Arts from University of the Incarnate Word. Attended numerous military schools, primarily in photojournalism. Retired U.S. Veteran, U.S. Marine Corps. (Military Facility) (1/09/13) Sally Gill Vice- President/General Manager, Gill Landscape Nursery, Inc. Received a BBA in Business /Advertising from the University of Texas at Austin, McCombs School of Business. Activities include: volunteers for various community organizations, received an honorary lifetime membership of the PTA. (Landscaping/Nursery) (1116113) 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2013 1852 Action Item for the City Council Meeting of January 22, 2013 DATE: January 10, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution declaring the City's support of and consent to the creation of the Padre Isles Municipal Management District. CAPTION: Resolution declaring the City's support of and consent to the creation of the Padre Isles Municipal Management District. PURPOSE- The City Council is being asked to approve a resolution consenting to the creation of the Padre Island Municipal Management District ( PIMMD) through legislation during the 83 d Regular Session of the Texas Legislature. Consent of the City is required for such a district to be created. The proposed PIMMD is being sought by the Padre Isles Property Owners Association ( PIPOA) for the purpose of assisting with the rebuilding of canal bulkheads that may be damaged or destroyed by a storm or natural disaster. Currently the bulkheads are privately - owned structures owned by the PIPOA and are not eligible for disaster assistance. Prior to legislation of this type to be filed, notice must be published not less than 30 days and not more than 90 days before introduction. BACKGROUND AND FINDINGS: Generally, Municipal Management Districts (MMDs), are authorized by state statute (Sec. 375.001 (b), Local Government Code) "...to promote, develop, encourage, and maintain employment, commerce, economic development, and the public welfare in the commercial areas of municipalities and metropolitan areas of this state." MMDs finance facilities, infrastructure and services beyond those already provided by individual property owners or the municipality and may be paid for by self- imposed property taxes, special assessments and impact fees, or by other charges on district property owners. An MMD is created to supplement, not supplant, the municipal services available to the area. The Texas Constitution (Section 59 (d), Article XVI) and state statute (Chapter 313, Government Code), require notice to be given before a local bill create a new governmental entity can be filed. A person who intends to apply for the new MMD must publish notice in a newspaper once not later than the 30th day before the date on which the intended law is introduced in the legislature. In addition, the Texas Constitution further allows local governments to provide written consent or opposition to the creation of the proposed district. The PIPOA was created in 1973 and the City annexed the property in the PIPOA boundary in 1982. The PIPOA consists of approximately 5,200 properties, of which only about 1,200 lots remain vacant and undeveloped. The City has storm water drainage infrastructure that outfall at the PIPOA bulkheads. The City would continue to own and be responsible for maintenance of the storm water infrastructure, but not the bulkheads. Trying to craft language to protect the City's interests while empowering the PIMMD to achieve its goal, City staff worked closely with MayBeth Christensen, Executive Coordinator for the PIPOA and Bill Calderon, of HawesHillCalderon, a consultant for the PIPOA. City staff briefed the Island Strategic Action Committee (ISAC) several times about draft legislative language and related issues. The ISAC voted on January 3, 2013, to support the concept of creating the PIMMD without endorsing specific legislative language. The POA agreed to a number of statutory restrictions or limitations that are reflected in the attached draft legislation. 1. The district's boundaries coincide with the boundaries of the POA (See attached description and map); 2. The district is authorized to receive gifts, grants, and loans; 3. The district board has no authority to levy taxes or assessments; NOTE: Rep. Todd Hunter expressed opposition to tax authority and members of ISAC expressed opposition to board- approved assessments. 4. District residents may petition the board of the district to levy assessments to finance improvement projects, in accordance with provisions in Chapter 375, Local Government Code; 5. Improvement projects are restricted to the reconstruction, preservation, and maintenance of District -owned bulkheads within the boundaries of the District; 6. The POA shall transfer ownership of the bulkheads and related easements to the district making the bulkheads public facilities; 7. The POA and the district shall include a reversion clause in the event of the dissolution of the district; 8. The district shall not duplicate existing City services within its boundaries and should only complement those services. NOTE: Council should be advised that the PIMMD, if created, could compete against the City for disaster assistance funds. 9. The City, under Section 375.207, Local Government Code, retains authority to approve a bond issuance by the district; NOTE: City will likely want to see pro- formas and debt re- payment options for the PIMMD. 10. The district shall under Section 375, Local Government Code, be responsible for any damage to City -owned facilities or infrastructure caused by a district improvement project; 11. The City retains authority by ordinance to dissolve the district; 12. If the district decides to dissolve, it cannot do so unless all of its bond debts are repaid or defeased, 13. If the district defaults on its bond debt, the City is not responsible for the district's assets, liabilities, or obligations, and 14. If the City dissolves the district, the district's bonds, debts, obligations and liabilities and any property and assets, except as specified in the property transfer and reversion agreement, are assumed by the City. There are two existing municipal management districts within the city limits of Corpus Christi. The Corpus Christi Downtown Management District was created in the mid -1990s and remains very active in its mission to improve the quality of life in downtown Corpus Christi. The Padre Island Gateway Municipal Management District was created in 2009 by Senate Bill 2550 by Senator Juan "Chuy" Hinojosa and Representative Kelly Hancock for the proposed Golden Pointe, LLC development to be located on the north side of Park Road 22 (South Padre Island Drive) at Aquarius Drive. The developer is bankrupt and the project is dead. The 83 d Regular Session of the Texas Legislature convenes on January 8, 2013, and adjourns sine die on May 27, 2013. ALTERNATIVES: (1) Support the creation of the proposed municipal management district with limited scope and authority. (2) Oppose the creation of the proposed municipal management district. No bill can be filed without the City's consent. (3) Oppose the creation of the proposed municipal management district by legislation and request that it be created administratively through the Texas Commission on Environmental Quality (TCEQ). (4) Support the creation of the proposed municipal management district with little to no limitations in scope and authority. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: The following departments, divisions or areas reviewed drafts of the proposed Padre Isles Municipal Management District legislation: Finance, Legal, Engineering, Planning, Police, Fire, Intergovernmental Relations, and Regional Economic Development Corporation. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends approval of the resolution and consent for the creation of the Padre Isles Municipal Management District for the limited purpose of assisting with the rebuilding of canal bulkheads that may be damaged or destroyed by a storm or natural disaster and subject to the limitations mentioned above. LIST OF SUPPORTING DOCUMENTS: Council Resolution Draft legislation Description of Padre Isles Property Owners Association territory Maps of Padre Isles Property Owners Association boundaries CITY OF CORPUS CHRISTI, TEXAS, RESOLUTION No. 12 -00830 A RESOLUTION DECLARING THE CITY'S SUPPORT OF AND CONSENT TO THE CREATION OF THE PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT WHEREAS the CITY of CORPUS CHRISTI (the "City ") has received a request from property owners in the PADRE ISLES PROPERTY OWNERS ASSOCIATION (the "POA ") area that the City consent to the creation of a Municipal Management District (the "District ") to; allow the area to take steps to ready itself for future natural disasters by creating an entity that can be used to pursue economic assistance from both the State and Federal governments, as well as Private entities; and, WHEREAS the State of Texas and the United States Federal Emergency Management Agency prefer to fund entities that are considered independent political subdivisions; and, WHEREAS Municipal Management Districts are Independent Political Subdivisions of the State of Texas; and WHEREAS the proposed legislation to be filed in the Legislature of the State of Texas to create the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT shall be consistent with all applicable laws governing municipal management districts, including Chapter 375 of the Texas Government Code, and the new Chapter of the Special District Local Laws Code; and, WHEREAS the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT is authorized to supplement and not supplant city services provided within the boundaries of the district; and WHEREAS the City and the POA have agreed to the following conditions and restrictions for the proposed PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT: 1. The district's boundaries coincide with the boundaries of the POA; 2. The district is authorized to receive gifts, grants, and loans; 3. The district board has no authority to levy taxes or assessments; 4. District residents may petition the board of the district to levy assessments to finance improvement projects, in accordance with provisions in Chapter 375, Local Government Code; 5. Improvement projects are restricted to the reconstruction, preservation, and maintenance of District -owned bulkheads within the boundaries of the District; 6. The POA shall transfer ownership of the bulkheads and related easements to the district making the bulkheads public facilities; 7. The POA and the district shall include a reversion clause in the event of the dissolution of the district; 8. The district shall not duplicate existing City services within its boundaries and should only complement those services. 9. The City, under Section 375.207, Local Government Code, retains authority to approve a bond issuance by the district; 10. The district shall under Section 375, Local Government Code, be responsible for any damage to City -owned facilities or infrastructure caused by a district improvement project; 11. The City retains authority by ordinance to dissolve the district; 12. If the district decides to dissolve, it cannot do so unless all of its bond debts are repaid or defeased, 13. If the district defaults on its bond debt, the City is not responsible for the district's assets, liabilities, or obligations, and 14. If the City dissolves the district, the district's bonds, debts, obligations and liabilities and any property and assets, except as specified in the property transfer and reversion agreement, are assumed by the City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council hereby declares its support of legislation creating the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT by the Legislature of the State of Texas, a draft copy of which is attached to this resolution, subject to the limitations, restrictions and conditions listed above. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been disclosed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Wel91 PASSED AND ADOPTED this twenty- second (22nd) day of January, APPROVED this twenty- second (22nd) day of January, 2013. Mayor of the CITY OF CORPUS CHRISTI Pursuant to Article XXX, Section XXX, CORPUS CHRISTI City Charter, the effective date of the foregoing resolution is City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott relating to the creation of the P'adi providing authority to provide sup bonds. BE IT ENAC SECTION 1. Code, is Sec. . (2) (3) H. B. No. sles Management District; �ntal services, and issue OF THE STATE OF TEXAS: Special District Local Laws xx to read as follows: S MANAGEMENT DISTRICT GENERAL PROVISIONS In this chapter: means the district's board of directors. .eans the City of Corpus Christi. "County" means Nueces County, Texas. Page - 1 - (4) "Director" means a board member. (5) "District" means the Padres Isles Manaqement (6) "Bulkhead property" means all bulkheads within the District currently or previously owned by the Padre Isles Property Owners Association, and including any associated easements. Sec. .002. CREATION AND NATURE OF DISTRICT. The Padres Isles Management District is a special district created under Section 59, Article XVI Texas Constitution." Sec. .003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52 -a, Article III, Texas Constitution. Page -2 - (b) The creation of the district is necessary to promote, develop, encourage, and maintain safety, and the public welfare in the district. (c) The district is created to supplement and not to supplant city services provided in the district. Sec. xxxx.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. (b) All land and other, property included in the district will benefit from the improvement's and services to be provided by the district under powers conferred by Sections 52 and 52 -a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter. (c) The district will: (1) promote, the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public; (2) seek and provide needed fundinq for the district to Page -3 - preserve, maintain, and enhance the economic health and vitality of the district territory as a residential community and business center; and (3) promote the health, safety',; welfare, and enjoyment of the public by providing for the preservation of bulkheads, and the navigable waters surrounding the Padre Island; (e) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public. Sec. xxxx.005. DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and `field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's: (1) organization, existence, or validity; Page -4 - (2) right to pursue relief funding from any lawful source, including but not limited to the State of Texas, the United States Federal Government or any of its agencies, and from Private entities; (3) legality or operation. Sec. xxxx.006. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Sec. xxxx.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this 'chapter. [Sections xxxx.008- xxxx.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS Sec. xxxx..051. GOVERNING BODY; TERMS. The district is governed by a board of five voting directors who serve staggered terms of four years, with three directors' terms expiring as set forth in Sec. xxxx.061 (c). Page -5 - Sec. xxxx.052. QUALIFICATIONS OF DIRE (a) To be qualified to serve as a dir overning body of the city, a person 'must (1) a resident of the district's voter of the district; (2) an owner of property, (3) an owner of stock or TORS APPOINTED BY CITY. ector appointed by the ho is also a reaistered e district; artnership or membershi interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the district; an en trustee in a trust, that direct ficial interest in a trust, or a or indirectly owns property in the district; or (5) an agent, employee, or tenant of a person described by Subdivision (2),!(3), or (4). (b) Section 49.052, Water Code, does not apply to the Page -6 - (6) an initial director as set forth Sec. xxxx.053. APPOINTMENT OF DIRECT( of the city shall appoint directors from pe board. Sec. xxxx.054. VACANCY. the board of directors shall a of the unexpired term pro aualifications set forth in Se Section xxxx.061. The governing body ns recommended by the f a vacancy occurs on the board, Dint a director for the remainder Jina that director meets the n. xx Sec. xxxx.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records. (b) A, director shall file a copy of the director's oath or affirmation with the secretary of the city. Sec. xxxx.056. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person. Page -7 - Sec. xxxx.057. COMPENSATION; EXPENSES. A director is not entitled to compensation but is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.+ Sec. xxxx.058. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to: (1) actions taken by the director in the director's capacity as a member of the board; (2) actions and activities taken by the district; or (3) the actions of others acting on behalf of the district. Sec. xxxx.059. NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board. Sec. xxxx.060. BOARD MEETINGS. The board shall hold meetinas Page -8 - at a place accessible to the public. Sec. xxxx.061. INITIAL DIRECTORS. (a) The initial board consists of: Pos. No. Name of Directo 1 2 3 w (b) The terms of the initial directors expire June 1, 2015. (c) Of the directors who replace an initial director, the terms of directors serving in positions 1, 2, and 3 expire June 1, 2015, and the terms of directors serving in positions 4 and 5 expire June 1, 2017. (d) Section xxx.052 does not apply to this section. (e) This section expires September 1, 2017. [Sections xxxx.062- xxxx.100 reserved for expansion] Page -9 - SUBCHAPTER C. POWERS AND DUTIES Sec. xxxx.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. xxxx.102. AGREEMENTS; GRANTS. (a) As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any person. (b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Sec. xxxx.103. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Sec. xxxx.104. LIABILITY RESULTING FROM DISTRICT ACTION. An action of the district or the board does not create a liability against the city or any other political subdivision. [Sections xxxx.105-xxxx.130 reserved for expansion] SUBCHAPTER C-1. IMPROVEMENT PROJECTS Page -10 - Sec. xxxx.131. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using revenue available to the district, or contract with a governmental or private entity, to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter and Chapter 375, Local Government Code. Sec. xxxx.132. LOCATION OF IMPROVEMENT PROJECT. An improvement project described by Section xxxx.131 shall be located in the district. Sec. xxxx.133. ADDITIONAL DISTRICT DUTIES REGARDING IMPROVEMENT.. PROJECTS.; The district shall: (1) submit written notice to the city administrator or the administrator's designee of the anticipated date construction of an improvement project will begin; (2) construct the improvement project to comply with a Page -11 - development agreement entered into under Section xxxx.207; (3) comply with applicable city ordinances, resolutions, and regulations when constructing and maintaining an improvement project; (4) allow a representative of the city to inspect an improvement project during construction to assess the project's compliance with applicable city ordinances, resolutions, and regulations; (5) alter an improvement project to comply with applicable city ordinances, resolutions, and regulations if the representative of the city provides the district with written notice that the improvement project does not comply with applicable city ordinances, resolutions, and regulations; and (6) obtain any necessary permits from city, county, state, or federal to construct and maintain an improvement project. Sec. xxxx.134. LICENSE AND CERTIFICATION REQUIREMENTS. The Page -12 - district may not contract with or employ a person to plan or construct an improvement project unless the person is licensed or certified in an area relating to planning or construction, as applicable. Sec. xxxx.135. LIMITATION ON IMPROVEMENTS PROJECTS. The district shall limit improvement projects to the reconstruction, preservation, and maintenance of District owned or publicly owned bulkheads within the boundaries of the district. [Sections xxxx.136- xxxx.1.50 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS Sec. xxxx.151. DISBURSEMENTS AND TRANSFERS OF REVENUE. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's revenue. Sec. xxxx.152. REVENUE USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain Page -13 - an improvement project or service authorized under this chapter and Chapter 375, Local Government Code, using any revenue available to the district, including contract payments from any lawful source. [Sections xxxx.153- xxxx.200 reserved for expansion] SUBCHAPTER E. BONDS Sec. xxxx.201. BONDS AND OTHER OBLIGATIONS. (a) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from District revenues. (b) In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation. (c) The district bonds may be secured and made payable wholly or partly by a pledge of any part of the revenue the district receives from improvement revenue or from any other source. Sec. xxxx.202. BOND MATURITY. Bonds may mature not more than Page -14 - 30 vears from their date of issue. Sections xxxx.203- xxxx.250 reserved for expansion SUBCHAPTER F. DISSOLUTION Sec. xxxx.251. DISSOLUTION BY CITY ORDINANCE. (a) The cit by ordinance may dissolve the district. (b) The city may not dissolve district's outstanding debt or contract payable from any source available to the or discharged, or the city has affirmativ, the district until the z'al obligations that are District have been repaid �lv assumed the obligation to pay the outstanding debt from city revenue. Sec. xxxx.252.. COLLECTION OF OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from other revenue, other than ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of district revenues. Page -15 - SECTION 2. The Padres Isles Management District initially includes all the territory contained in the following area: Being an xxxx acre tract situated in the City of Corpus Christi, with said tract being more particularly described as follows: (insert a metes and bounds description of the district) SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Gove (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed Page -16 - its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (d) The general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with. (e) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and:accom -plished. SECTION 4. This Act takes effect immediately if it receives a vote of two.- thirds of all the members elected to each house, as provided by Section 39 Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011. Page -17 - President of the Senate I certify that H.B. No. was pa4 2013, by the following vote: Yeas voting; and that the House concurred No. xxxx on (date), by the followin present, not voting. amen NAMES Date ker of the House ed'by the House on (date), 0, Nays 0, 0 present, not a Senate amendments to H.B. vote: Yeas 0, Nays 0, 0 Chief Clerk of the House xxxx was passed by the Senate, with e following vote: Yeas 0, Nays 0. Page -18 - Secretary of the Senate Governor Page -19 - Boundary Description Padre Island (Property Owner Assoc.) Municipal Management District City of Corpus Christi, Nueces County The District is an area of approximately 6.1 square miles centered on S. Padre Island Drive (Park Road 22) and Whitecap Boulevard and being described by the following: Beginning at a point at the north right -of -way (ROW) of S. Padre Island Drive (Park Road 22) and the northwest corner of 9.118 acre parcel (Padre Island Sec 19.118 Acs Out of Blks 1 & 2); Then northeast and north approx. 2,001 ft. along north boundary of said 9.118 acre parcel, and northwest boundary of 22.024 acre parcel (Padre Island Sec 18 22.024 Acs Out of Blk 1) to south bank of Packery Channel; Then east and south southeast approx. 5,528 ft. along the south and west bank of Packery Channel to southeast corner of 0.7846 acre parcel (Padre Island Blk 34 Lot 17); Then west southwest approx. 357 ft. along the south boundary of said 0.7846 acre parcel to west ROW of Playa Del Rey Dr.; Then north northwest approx. 1,015 ft. along west ROW of Playa Del Rey Dr. to south ROW of Verdemar Dr.; Then west approx. 973 ft. along the south ROW of Verdemar Dr. to northeast corner of 0.1722 acre parcel (Padre Island Lt 1B Blk 29); Then south approx. 1,615 ft. along east boundary of said 0.1722 acre parcel, and Lts 213-913 Blk 29 and east boundary of Padre Island Lts 1 -20 Blk 36 to northeast corner of 0.1722 acre parcel (Padre Island Lt 1B Blk 27); Then east approx. 1,140 ft. to northwest corner 9.578 acre parcel (Padre Island 9.578 Acs out of Tracts C &D), and continue east and east northeast along north boundary of said 9.578 acre parcel to northeast corner of said parcel; Then south southeast approx. 563 ft. along east boundary of said 9.578 acre parcel across ROW of Highway 361 to northeast corner of 224.923 acre parcel (Padre Island 224.923 Acs Out of Tracts C &D Padre Island No 1); Then southeast and east southeast approx. 3,906 ft. along the northeast boundary of said 224.923 acre parcel to east corner of said parcel; Then south southwest approx. 1,500 ft. along boundary of said 224.923 acre parcel across Beach Access Rd 3 -A to north boundary of approx. 2.38 acre parcel (El Constante Beachfront Condominiums); Then east southeast approx. 481 ft. along north boundary of said 2.38 acre parcel to northeast corner of said parcel; Then south southwest approx. 4,264 ft. along boardwalk ROW to east corner of 8.1 acre parcel (Lake Padre South Lt Blk 3); Then west northwest approx. 483 ft. along north boundary of said 8.1 acre parcel to east ROW of Leeward Dr.; Then south southwest approx. 1,416 ft. across said 8.1 acre parcel, and ROW of Whitecap Blvd to northeast corner of 5.34 acre parcel (Lake Padre South Lt 4 Blk 2), and continuing along east boundary of said 5.34 acre parcel and the east boundaries of adjacent parcels (Lake Padre South Lot 1 -3 Blk 2) to north ROW of Viento del Mar Drive (Marquesa Dr.); Then west approx. 2,608 ft. along north ROW of Viento del Mar Drive (Marquesa Dr.) to west ROW of S. Padre Island Drive; Then south and south southwest approx. 6,878 ft. along west ROW of S. Padre Island Drive to coincident boundary limits of Nueces and Kleberg County; Then west northwest approx. 4,542 ft. along coincident boundary limits of Nueces and Kleberg County; Padre Island POA MMD Boundary Description, p. 1 of 2 November 27, 2012 Then south southwest approx. 2,022 ft. along coincident boundary limits of Nueces and Kleberg County to southwest corner of undeveloped Cape Summer Unit 2, Section 9; Then north northeast approx. 894 ft. along west boundary of undeveloped Cape Summer Unit 2, Section 9; Then northwest approx. 5,269 ft. along west boundary of undeveloped Cape Summer Units 1 and 2, Section 9 to west corner of said Unit 1 Sect. 9; Then north northeast approx. 3,328 ft. along northwest boundary of said Unit 1 Sect. 9 to north corner of 9.676 acre parcel (Point Tesoro No 5 9.676 acs out of Lt 2 Blk 2); Then east southeast approx. 830 ft. along northeast boundary of 9.676 acre parcel (Point Tesoro No 5 9.676 acs out of Lt 2 Blk 2) to west boundary of Point Tesoro Unit 1; Then north northeast approx. 11,139 ft. along Point Tesoro Section 8, Unit 1 -3, Commodores Cove's Unit 2 and Unit 1 to a point in Galleon Bay and west northwest of north corner of 0.2189 acre parcel (Padre Island Sec 2 Lt 1 Blk 72); Then south southeast approx. 1,547 ft. along north boundary of twenty (20) adjacent parcels (Padre Island Sec 2 Lt 1 -20 Blk 72) to west corner of 0.3170 acre parcel (Padre Island Sec 2 Lt 33 Blk 72); Then northeast approx. 635 ft. along west boundary said 0.3170 acre parcel and three (3) adjacent parcels (Padre Island Sec 2 Lt 34, 35 and 47 Blk 72) and across ROW of S. Padre Island Drive to beginning point; Distances based off of State Plane Coordinate System, Texas South Zone 4205, NAD 83, Units Feet. Padre Island POA MMD Boundary Description, p. 2 of 2 November 27, 2012 0 5001000 2000 Feet I I I I I District Boundary 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: December 24, 2012 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution declaring the City's support the Texas Coalition for Affordable Power's (TCAP) legislative agenda for the 83`d Regular Session of the Texas Legislature. CAPTION: A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS PURPOSE: The Texas Coalition for Affordable Power (TCAP) recently adopted its legislative agenda for the upcoming 83 d Regular Session of the Texas Legislature that convenes January 8, 2013. TCAP's agenda includes nine items that would fall under the City's Actively Support and Actively Oppose category, which means the City will aggressively attempt to influence the passage or defeat of legislation, if it is filed. The City will not seek introduction of any of the items on the TCAP agenda. BACKGROUND AND FINDINGS: The Texas Coalition for Affordable Power (TCAP) is an alliance of cities and other political subdivisions joined together to purchase electricity for their own governmental use. The more than 160 cities and other political subdivisions that comprise TCAP purchase in excess of 1.3 billion kilowatt/hours of power each year, making it the largest coalition of its type in the state. Using the strength of its numbers, TCAP negotiates terms and conditions for electric service that may be unavailable to a single city acting alone. The City of Corpus Christi has been a member of TCAP or a predecessor organization (the South Texas Aggregation Project, or "STAP ") since 2001. In 2011 STAP merged with Cities Aggregation Power Project to form TCAP. First Assistant City Attorney Alison Logan represents the City of Corpus Christi and serves on the TCAP Board of Directors. TCAP and its predecessor organizations advocated on behalf of electric customers during the 2003, 2005, 2007, 2009, and 2011 legislative sessions. Over the course of those sessions, the Page 1 of 4 3285169.1 coalition sponsored dozens of different bills intended to improve electric deregulation in Texas. TCAP also promotes consumer interests before the Public Utility Commission and other organizations overseeing the Texas electric market. TCAP's legislative priorities are: 1. The Regular Session of the 83rd Texas Legislature be encouraged to preserve the traditional role of cities in the regulatory process, including original jurisdiction and reimbursement of reasonable rate case expenses. Note: Groups such as the Texas Public Policy Foundation (TPPF) want to prohibit cities from being involved in the regulatory process and to limit rate case expenses. Original jurisdiction in rate cases empowers cities to achieve utility savings for their constituents that far outweigh rate case expenses. 2. The Legislature make no statutory changes that would lead to a reduction in revenues paid by public utilities as franchise fees for rental of public rights -of -way. Note: Both state law and the Texas Constitution provide that a city may not allow a private entity to use city property for free (Texas Town and City, April 2011). Cities and utilities enter into franchise agreements for the use of the right -of -way. 3. The Legislature facilitate and encourage public /private partnerships between cities and electric generation developers in creating small -scale (not to exceed 50 MV) power plants capable of rapidly meeting peak power needs. Note: Cities should have the right to pursue small -scale generation projects, just so long as the projects enhance economic development and produce affordable power. Such public - private partnerships also are a cost - effective way to help address the state's long -term generation and reliability challenges. 4. The Legislature recognize that "smart meters" are under - utilized with regard to encouraging and incentivizing reductions in energy consumption during peak periods and that the regulated transmission and distribution utilities which own the "smart meters" be allowed to re -enter the retail electric market to the extent they offer regulated rate plans designed to incent reductions in peak energy consumption. Note: The transmission and distribution utilities cannot, by state law, enter the retail electric market. There is no incentive for retail electric utilities to incentivize reduced energy consumption during peak periods. If transmission and distribution utilities can — through the use of smart meters — incentivize reduced energy consumption during peak demands, statute should allow them to do so. 5. The Legislature preclude foreign ownership of electric distribution assets and make it clear that, notwithstanding any other provision in law, home rule cities, individually or collectively, shall be permitted to own and operate electric distribution assets so long as said cities are not involved in retail sales of electricity. Note: To ensure accountability and responsiveness, the local electric distribution network should be owned by domestic entities, including home rule cities, not foreign entities. 6. The Legislature resist any efforts to transform the energy -only ERCOT market into a capacity market which would increase the price of electricity by artificially inflating generator profits. Note: When Texas deregulated its electric power market in 2002, it adopted an "Energy Only" market in which generators typically get paid only for energy they actually produce. However, there is a concern expressed by the Public Utility Commission of Texas ( "PUC) and the Electric Reliability Council of Texas ( "ERCOT) that low electric prices in the current market are not sufficient to incent investment in building additional generation plant to serve Texas' growing population and economy. There have been suggestions to replace Texas' Energy Only market with a capacity market in which generators receive an extra payment based on the capacity of Page 2 of 4 3285169.1 their generation fleet. This payment would be in addition to the payments generators receive for selling power. The problem with capacity markets is that they increase the cost of power to consumers and they are extremely complex and their benefits difficult to measure. Now that consumers in the state's deregulated market are finally benefiting from lower electricity prices, it would be wrong to introduce a regulatory mechanism to artificially increase them again.. 7. The Legislature enhance protections against anti - competitive activities in the wholesale market and require the Public Utility Commission to reform its rules related to Voluntary Mitigation Plans and allow cities and other interested parties to participate in review of such plans. Note: Under Texas law, generation companies can protect themselves, in advance, against prosecution for anti - competitive behavior. Such protections are included in complicated regulatory documents known as "voluntary mitigation plans." However, consumer groups have no voice in the regulatory proceedings that establish these plans. Outside parties should have the right to petition for the dissolution of any voluntary mitigation plan that works to circumvent open competition and artificially inflates electric prices. 8. The Legislature mandate that the PUC and market participants provide consumer education regarding the relationship between time of use, cost of energy production and transmission, and the price paid by consumers. Note: Educating consumers will help them make informed choices. Many consumers are disconnected and ill - informed about the relationship between the use, production, transmission and price of energy. 9. The Legislature require the PUC to establish certain uniform products that must be offered by all retail electric providers ( "REPs ") and to establish new rules governing the powertochoose.org and powertosavetexas.org websites that will better inform retail customers of complaints against REPs and better educate customers regarding the economic and market benefits of reducing demand during peak periods. Note: In a competitive electric utility market, information is critical for consumers to make the best choices for their situation. Enhancing the quality and quantity of information available to consumers, including complaint information and cost data, will help save money and improve service delivery. ALTERNATIVES: 1. The City could adopt the resolution supporting the TCAP agenda. 2. The City could opt not to adopt the resolution. 3. The City could alter the categories of any of the legislative agenda items from Actively Support and Actively Oppose to either Priority or Endorse. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Page 3 of 4 3285169.1 City Attorney and Texas Coalition for Affordable Power (TCAP) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: TCAP Council Resolution TCAP flyer of legislative priorities Page 4 of 4 3285169.1 RESOLUTION NO. 13 -00006 A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS WHEREAS, the City of Corpus Christi, Texas is a member of Texas Coalition for Affordable Power ( "TCAP "), a non - profit political subdivision created by cities throughout Texas to secure affordable electric energy for its members in the deregulated electric market; and WHEREAS, TCAP pools the energy needs of its more than 160 political subdivision members to negotiate favorable prices and contract terms for the purchase of approximately 1.3 billion kilowatt hours annually; and WHEREAS, affordable and reliable power means economic development for the City and a better standard of living for our citizens; and WHEREAS, the City supports legislative initiatives that promote a healthy electric market where competition can flourish and electric customers can save money; and WHEREAS, the City endorses the legislative agenda of TCAP and opposes legislative initiatives that would fundamentally alter the ERCOT energy market or the traditional role of cities in the regulatory process. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: 1. The Regular Session of the 83rd Texas Legislature be encouraged to preserve the traditional role of cities in the regulatory process, including original jurisdiction and reimbursement of reasonable rate case expenses. 2. The Legislature make no statutory changes that would lead to a reduction in revenues paid by public utilities as franchise fees for rental of public rights -of -way. 3. The Legislature facilitate and encourage public /private partnerships between cities and electric generation developers in creating small -scale (not to exceed 50 MW) power plants capable of rapidly meeting peak power needs. 4. The Legislature recognize that "smart meters" are under - utilized with regard to encouraging and incentivizing reductions in energy consumption during peak periods and that the regulated transmission and distribution utilities which own the "smart meters" be allowed to re -enter the retail electric market to the extent they offer regulated rate plans designed to incent reductions in peak energy consumption. 5. The Legislature preclude foreign ownership of electric distribution assets and make it clear that, notwithstanding any other provision in law, home rule cities, individually or collectively, shall be permitted to own and operate electric distribution assets so long as said cities are not involved in retail sales of electricity. 6. The Legislature resist any efforts to transform the energy -only ERCOT market into a capacity market which would increase the price of electricity by artificially inflating generator profits. 7. The Legislature enhance protections against anti - competitive activities in the wholesale market and require the Public Utility Commission ( "PUC ") to reform its rules related to Voluntary Mitigation Plans and allow cities and other interested parties to participate in review of such plans. 8. The Legislature mandate that the PUC and market participants provide consumer education regarding the relationship between time of use, cost of energy production and transmission, and the price paid by consumers. 9. The Legislature require the PUC to establish certain uniform products that must be offered by all retail electric providers ( "REPs ") and to establish new rules governing the powertochoose.org and powertosavetexas.org websites that will better inform retail customers of complaints against REPS and better educate customers regarding the economic and market benefits of reducing demand during peak periods. 10. This resolution shall take effect immediately upon its passage. 11. A copy of this resolution shall be sent to the elected lawmakers representing the City's interests in the Texas House and Senate and to Randolph C. Moravec, Executive Director of TCAP, 15455 Dallas Parkway, Addison, Texas 75001. PRESENTED AND PASSED on this 15th day of January, 2013 by a vote of ayes and nays at a regular meeting of the City Council of Corpus Christi, Texas. Mayor ATTEST: Armando Chapa City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Because high energy costs can impact municipal budgets and the ability fund essential services, T AP, committed a ire electric deregulation work. Cities have a long history representing consumers in "regulated" rate cases. But big electric companies want to deter cities from exercising any opposition so they can more easily raise rates. TCAP will work hard at the Texas Legislature to protect city authority. .. Are rooftop solar panels installed in your community ?TCAP supports legislation that will ensure that residential and small commercial customers that produce excess power at their homes or businesses receive a fair price for power they provide the grid. Texans should have access to standard - language electricity deals. These deals will enhance competition by facilitating apples -to- apples price shopping. forAfford.bkPol Contact; i (Randy) C voravec, PhD, Executive Director rcmoravec@tcaptx.com > ;472; 742-70 15 tcaptkcom Rh Bor • � e L tl' Some of the state's generation companies want to receive big payments for power plants, regardless of whether any power is actually generated and are lobbying hard for changes to make it happen. TCAP will oppose proposals at the Legislature that create unnecessary price supports for generators that circumvent the competitive market and increase electricity costs to consumers. ... 1 111 111 Where appropriate, anti - competitive behavior prohibited in other states should also be prohibited in Texas. Texas regulators should have the same power to assess penalties as regulators elsewhere. Legal loopholes that exempt some generators from prosecution should be closed. TCAP wants cities to have the right to pursue small -scale generation projects, just so long as the projects enhance economic development and produce affordable power. Such public - private partnerships also are a cost - effective way to help address the state's long -term generation and reliability challenges. .. Texans depend on a complex network of wires to bring power to their homes. With so much at stake, accountability is important. That's why there should be no foreign ownership of local electric distribution networks. When the system fails or bills go up,Texans shouldn't have to call Madrid to complain. Home rule cities individually or collectively —also should be permitted to own and operate electric distribution networks. UnderTexas law, big generation companies can obtain advanced regulatory protections against future prosecution for anti - competitive behavior. TCAP supports reforms to ensure that these advanced protections are fair, and don't become "Get Out Of Jail Free "cards for market abusers. TexasCoaBition -� for kffordalak Power Contact: Randolph (Randy) C. Moravec, PhD, Executive Director °� rcmoravec@tcaptx.com > (9i2) ?42 -?015 a r t , Y SC a o° AGENDA MEMORANDUM NaR;oRp,o Future Item for the City Council Meeting of January 8, 2013 ss Action Item for the City Council Meeting of January 15, 2013 DATE: December 21, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanBa.cctexas.com 361- 826 -3729 Gus Gonzales, P. E. Director of Water Operations GustavoGo(d- )cctexas. com 361- 826 -1874 Resolution for the acquisition of real property rights for the Mary Rhodes Pipeline, Phase 2 Project. CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate and by waterline easements for a water line pipeline project known as the Mary Rhodes Pipeline Phase 2, which is to be generally located along the route from Bay City, Texas to Lake Texana described as follows: From a point which begins on the west bank of the Colorado River in Matagorda County, Texas just north of the State Highway 35 bridge and runs approximately 41 miles to the City's pump station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Railroad easement on the north side of Blessing, Texas for approximately 2.5 miles west of Blessing and continuing in a southwesterly direction for approximately 5 miles; the alignment will parallel FM 616 and continue through Matagorda County to the Jackson County line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1.5 miles; the alignment will then parallel SH172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the west delivery system on the west bank of the Navidad river in Jackson County; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation within the water line route described herein by a single record vote of the City Council. PURPOSE: Should it ever become necessary to use proceedings in eminent domain to acquire the property rights needed for the Mary Rhodes Pipeline Phase II Project, Council must first determine that a public use and necessity exists for the Project, and then must delegate its authority to use the power of eminent domain to the City Manager. Only if the City and the landowners cannot reach an agreement on the value of the parcel and any resulting damages would eminent domain proceedings become necessary to acquire the easement or fee simple rights. The City Manager also requests authority to purchase the necessary property rights by authorizing the City Manager or his designee to execute all real estate purchase contracts and related instruments, provided that the amounts are within Council- approved project budgets. BACKGROUND AND FINDINGS: On July 6, 2011, City Council approved Resolution No. 029162 which determined a public necessity for acquisition of easements for the Mary Rhodes Pipeline Phase 2 Project for public purposes, use and construction of a water pipeline. The resolution also authorized the City Manager, City Attorney and Agents of the City to acquire easements by means of negotiations or eminent domain proceedings, if necessary. On September 1, 2011, Texas Senate Bill 18 also known as SB18, became effective which requires all entities with eminent domain authority, to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. The original resolution approved on July 6, 2011 lacked certain details now required by SB 18. This resolution and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. Staff requests Council pass the motion to adopt the resolution as presented ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. . OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Engineering and Water Departments FINANCIAL IMPACT: [ ] Operating [ ] Revenue [X] Capital [ ] Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 8,751,400 5,094,600 TBD 13,846,000 Encumbered / Expended Amount 8,751,400 8,751,400 This item BALANCE 0.001 5,094,600 1 TBD I 5,094,600 Fund(s): Water Capital Improvement Program Revenue Bonds and Future year programming. Comments: Future requirements based upon negotiated land acquisition costs. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Proposed Route Map Resolution CITY COUNCIL EXHIBIT Mary Rhodes Pipeline, Phase 2 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Proposed Route Map PAGE: 1 of 1 Date: December 19, 2012 i..�i I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE ESTATE AND BY WATERLINE EASEMENTS FOR A WATER LINE PIPELINE PROJECT KNOWN AS MARY RHODES PIPELINE PHASE 2, WHICH IS TO BE GENERALLY LOCATED ALONG THE ROUTE FROM BAY CITY, TEXAS TO LAKE TEXANA DESCRIBED AS FOLLOWS: FROM A POINT WHICH BEGINS ON THE WEST BANK OF THE COLORADO RIVER IN MATAGORDA COUNTY, TEXAS JUST NORTH OF THE STATE HIGHWAY 35 BRIDGE AND RUNS APPROXIMATELY 41 MILES TO THE CITY'S PUMP STATION ADJACENT TO THE PALMETTO BEND DAM ON LAKE TEXANA LOCATED IN JACKSON COUNTY, TEXAS; SAID PIPELINE FURTHER DESCRIBED AS FOLLOWS: LEAVING THE COLORADO RIVER, THE ALIGNMENT WILL PARALLEL STATE HIGHWAY 35 IN A SOUTHWESTERLY DIRECTION THROUGH MATAGORDA COUNTY FOR APPROXIMATELY 13 MILES UNTIL JUST EAST OF BLESSING, TEXAS, WHERE THE ALIGNMENT WILL BREAK MORE WESTERLY TO FOLLOW THE UNION PACIFIC RAIL ROAD EASEMENT ON THE NORTH SIDE OF BLESSING FOR APPROXIMATELY 25 MILES; WEST OF BLESSING, TEXAS AND CONTINUING IN A SOUTHWESTERLY DIRECTION FOR APPROXIMATELY 5 MILES, THE ALIGNMENT WILL PARALLEL FM 616 AND CONTINUE THROUGH MATAGORDA COUNTY TO THE JACKSON COUNTY LINE WHERE IT WILL CONTINUE PARALLEL TO FM 616 IN JACKSON COUNTY THROUGH FRANCITAS, TEXAS FOR APPROXIMATELY 9 MILES UNTIL JUST EAST OF LA WARD, TEXAS WHERE THE ALIGNMENT WILL TURN NORTHWESTERLY TO CIRCUMNAVIGATE LA WARD FOR APPROXIMATELY 1.5 MILES; THE ALIGNMENT WILL THEN PARALLEL SH 172 IN A NORTHERLY DIRECTION OUT OF LA WARD FOR APPROXIMATELY 2 MILES WHERE IT WILL TURN WESTERLY FOLLOWING FM 3131 APPROXIMATELY S MILES TO THE WEST DELIVERY SYSTEM ON THE WEST BANK OF THE NAVIDAD .RIVER IN JACKSON COUNTY; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTIES ; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION WITHIN THE WATER LINE ROUTE DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of various tracts of land and waterline casements described herein for the purposes of access, use and construction of a water transmission line and related improvements, and, 2 WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, has been or will be provided to the landowner; and, WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the land and waterline easements shown in Exhibit "A," are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project for a public use including a water supply project will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and, WHEREAS, Texas Government Code Section 2206.053(8) provides that an ordinance, resolution, or order adopted under Section 2206.053(0 is not required to identify specific properties that the governmental entity will acquire; the ordinance, resolution, or order must identify the general area to be covered by the project or the general route that will be used by the governmental entity for the project in a way that provides property owners in and around the area or along the route reasonable notice that the owners' properties may be subject to condemnation proceedings during the planning or construction of the project; and, WHEREAS, the Mary Rhodes Pipeline Phase II project is a water supply contract and therefore utilization in this resolution to identify the general area to be covered by the project and the general route that will be used by the City of Corpus Christi for the Mary Rhodes Pipeline Phase II is authorized by Texas Government Code Section 2206; and, WHEREAS, the location of said waterline related improvements, based on an engineering study optimizes the enhancement and adequacy of the municipal water system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Mary Rhodes Pipeline Phase 2, and it is in the public interest to acquire the tracts of land and waterline easements, along the route as generally described in Exhibit "A" and generally depicted in Exhibit "B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal water facility. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple and easement interests for the Mary Rhodes Pipeline Phase 2 project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Nfanager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the properties in fee simple and easement interests in the properties. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the units of property generally described by route as listed in exhibits A and B, shall be approved by single record vote of the City Council. Section G. That this Resolution shall take effect immediately from and after its passage and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, this day of ATTEST: Armando Chapa City Secretary 2013. THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 4 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Exhibit "A" General description of the route for the Mary Rhodes Pipeline Phase II project: A 54 -inch water supply pipeline for the City of Corpus Christi, which will be routed from a point of beginning on the west bank of the Colorado River in Matagorda County just north of the State Highway 35 bridge and will run approximately 41 miles to the City's Pump Station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further_ described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County, Texas for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Rail Road easement on the north side of Blessing, Texasfor approximately 2.5 miles; West of Blessing, Texas and continuing in a southwesterly direction for approximately 5 miles, the alignment will parallel FM 616 and continue through Matagorda County, Texas to the Jackson County, Texas line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1, 5 miles; the alignment will then parallel SH 172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the West Delivery System on the west bank of the Navidad River in Jackson County. CITY COUNCIL EXHIBIT Mary Rhodes Pipeline, Phase 2 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Proposed Route Map PAGE. ? of 1 Dote: December 15, 2012 FAR • Y�t AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 Action Item for the City Council Meeting of January 15, 2013 DATE: December 4, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Submit Nomination Form for TXDOT's Transportation Enhancement Program Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive CAPTION: Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804 (Bond 2012). PURPOSE: The purpose of this agenda item is to receive authorization to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive Project with a City match of $37,361, and total construction cost of $186,804 (Bond 2012). BACKGROUND AND FINDINGS: This landscaping improvements project is part of the Holly Road Street Reconstruction project from SH 286 (Crosstown Expressway) to Greenwood Drive. This project will provide for the landscaping of the median dividing the four -lane arterial street. The work is anticipated to result in driver safety, and confidence, economic growth, city pride, beautification, enhancement of the quality of life, and environmental improvements to the area by the addition of trees and green space as well as a better ride quality by limiting the turning movements. The City is requesting funding for this project from the Texas Department of Transportation — Transportation Enhancement Program to utilize the opportunity for additional funding for this project. The City match for this project will come from Bond 2012 Proposition No. 1: Street Projects, Sequence 15, Holly Road Street Reconstruction project from SH 286 (Crosstown Expressway) to Greenwood Drive funding. J: \LEGISTARTY 13 \1 -JAN 8 \HOLLY ROAD LANDSCAPING \MEMO - HOLLY ROAD LANDSCAPING.DOCX ALTERNATIVES: • Do not provide authority to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation. (Not Recommended) CONFORMITY TO CITY POLICY: The Resolution conforms to all applicable City Policies. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Not applicable FINANCIAL IMPACT: CIP Amendment for Bond 2012 Fiscal Year Project to Date 2011 -2012 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / Expended Amount This item $37,361.00 $37,361.00 BALANCE $1,112,639.00 $1,112,639.00 Fund(s): See CIP Amendment Attachment One Comments: The Transportation Enhancement Program is administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non - traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes the quality of the environment and enhances the aesthetics of the roadways. Projects undertaken with enhancement funds are eligible for reimbursement of up to 80 percent of allowable costs. RECOMMENDATION: Passage of the Resolution as proposed for authority to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive Project with a City match of $37,361, and total construction cost of $186,804 (Bond 2012). LIST OF SUPPORTING DOCUMENTS: Location Map Resolution J: \LEGISTARTY 13 \1 -JAN MOLLY ROAD LANDSCAPING \MEMO -HOLLY ROAD LANDSCAPING. DOCX Holly Road Landscaping Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS from SH 286 to Greenwood Drive DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a Nomination Form to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for the Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit applicable matching funds in the amount of $37,361. The total construction cost is $186,804. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to administer, apply for, accept, reject, alter, or terminate the grant. SECTION 3. The City of Corpus Christi supports the funding for the project. SECTION 4. The City of Corpus Christi commits to the project's development, implementation, construction, maintenance, management and financing, subject to any necessary appropriation of funds. SECTION 5. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor J: \LEGISTAR CORRECTIONSTY 13 \1 -JAN MOLLY ROAD LANDSCAPING \RESOLUTION - HOLLY ROAD LANDSCAPING.DOCX Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott J: \LEGISTAR CORRECTIONSTY 13 \1 -JAN 8 \HOLLY ROAD LANDSCAPING \RESOLUTION - HOLLY ROAD LANDSCAPING.DOCX Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; (361) 826 -3464 Robert Rocha, Fire Chief rrocha @cctexas.com; (361) 826 -3932 Approval of Construction Contract for Fire Station No. 5 Relocation (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Sal -Con of Corpus Christi, Texas in the amount of $1,680,500.00 for the Fire Station No. 5 Relocation (Bond 2008) for the Base Bid plus Additive Alternates B, C, D, E, F, G and I. PURPOSE: This project has received bids and now a construction contract for the Fire Station No. 5 Relocation Project must be approved so the work may begin. BACKGROUND AND FINDINGS: The November 2008 Bond Election provided for a new fire station #5 to be constructed and all existing personnel and equipment to be relocated from the existing station. The new station will be located on property at Miller High School and provide a separate multiple use facility for the City and District to use in lieu of rent payments. The location will enable the City and District to generate a greater familiarity of fire and public safety among students. The Corpus Christi Independent School District contributed $193,800 towards the design and construction of this project. This project consists of the demolition of a two -story building, and the construction of a single story fire station and a separate joint use building. Site improvements consist of existing paving demolition and new concrete paving drives and parking area, limited curb and gutter reconstruction, new site utilities, off -site utility tie -ins and street work, and lawn areas. J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx Building construction consists of tilt -up concrete wall panels, steel framed roof system, drilled pier and suspended floor system, storefront openings, drywall partitions, flooring, suspended ceiling systems, hollow metal and plastic laminate doors, millwork, and HVAC, plumbing, fire sprinkler and electrical systems. The Base Bid includes demolition of the existing building, including asbestos abatement, and construction of the Fire Station building and separate Joint Use Facility. There are nine (9) Additive Alternates ( "A" through "I "). Additive Alternate "A" consists of the Apparatus Room Fan. Additive Alternate "B" consists of the Exterior Canopies. Additive Alternate "C" consists of 6' Chain Link Fencing with 2' Barbed Wire on top including gates. Additive Alternate "D" consists of a Flag Pole. Additive Alternate "E" consists of a Trailer Parking Area. Additive Alternate "F" consists of Apparatus Room Lockers. Additive Alternate "G" consists of Apparatus Room Painting. Additive Alternate "H" consists of Skylights. Additive Alternate "I" consists of providing a diamond Polished Concrete Floor Finish at the Fire Station facilities. On June 27, 2012, the City received proposals from six (6) bidders and the lowest three (3) bids are as follows: ALTERNATIVES: 1. Award construction contract with additive alternates as recommended. 2. Award Base Bid plus ANY or ALL combination of alternates 3. Don't award construction contract (not recommended, Bond 2008 project) OTHER CONSIDERATIONS: Additive Alternates A and H are not recommended because of budget constraints. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2012 -2013 Public Health & Safety Capital Improvement Program. EMERGENCY/ NON - EMERGENCY: Not Applicable J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx Additive Total Base Bid Contractor Base Bid Alternates (B, C, plus Additive Alternates D, E, F, G, 1) (B, C, D, E, F, G, I) Sal -Con, Inc. Corpus Christi, Texas $1,588,000.00 $92,500.00 $1,680,500.00 SafeNet Services, LLC. Corpus Christi, Texas $1,691,000.00 $104,903.00 $1,795,903.00 Rusty Van Fleet Construction Kingsville, Texas $1,805,000.00 $93,700.00 $1,898,700.00 ALTERNATIVES: 1. Award construction contract with additive alternates as recommended. 2. Award Base Bid plus ANY or ALL combination of alternates 3. Don't award construction contract (not recommended, Bond 2008 project) OTHER CONSIDERATIONS: Additive Alternates A and H are not recommended because of budget constraints. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2012 -2013 Public Health & Safety Capital Improvement Program. EMERGENCY/ NON - EMERGENCY: Not Applicable J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fund(s): Public Health & Safety Bond 2008 Comments: This project is No. PH 02 in the FY2012 -2013 Capital Improvement Program. RECOMMENDATION: City staff recommends the awarding of the construction contract for $1,680,500.00 to Sal -Con, Inc. of Corpus Christi, Texas in support of the Fire Station No. 5 Relocation Project (Bond 2008). The project is scheduled to take 270 Calendar Days of construction time. Anticipated completion is expected to be in the November 2013 timeframe. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx Project to Date Fiscal Year: 2012- Expenditures Future 2013 (CIP only) Current Year Years TOTALS Line Item Budget $236,400.00 $1,958,900.00 $0.00 $2,195,300.00 Encumbered / Expended Amount $236,400.00 $236,400.00 This item $1,680,500.00 $1,680,500.00 Future Expenditures $276,110.25 $276,110.25 BALANCE $2,289.75 $2,289.75 Fund(s): Public Health & Safety Bond 2008 Comments: This project is No. PH 02 in the FY2012 -2013 Capital Improvement Program. RECOMMENDATION: City staff recommends the awarding of the construction contract for $1,680,500.00 to Sal -Con, Inc. of Corpus Christi, Texas in support of the Fire Station No. 5 Relocation Project (Bond 2008). The project is scheduled to take 270 Calendar Days of construction time. Anticipated completion is expected to be in the November 2013 timeframe. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx PROJECT BUDGET Fire Station No. 5 Relocation Project No. 5245 January 15, 2013 FUNDS AVAILABLE: Public Health & Safety Capital Improvement Budget (Bond 2008 ) ........................... $ 2,000,000.00 Interlocal Agreement with CCISD ...................................... ............................... $ 193,800.00 Wastewater.................................................................. ............................... $ 1,500.00 TOTAL AVAILABLE: ..................................................................................... $ 2,195,300.00 FUNDS REQUIRED: Construction (Sal -con, Inc.) $ 1,680,500.00 Contingencies 7% .......................................................... ............................... $ 117,635.00 Consultant Fees: Consultant Design (SolkaNavaTorno, LLC..)* ...................... ............................... $ 231,634.00 Testing Agreement (Kleinfelder Central, Inc.) (Geotechnical Study) * * ....................... $ 24,600.00 Reimbursements Contract Administration (Contract Preparatio n/Awa rd/Ad min) .. ............................... $ Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ...... ............................... $ Finance Reimbursements ................................................ ............................... $ Misc. (Printing, Advertising, etc.) ....................................... ............................... $ Public Art (1.25% of Construction) ................................. ............................... $ TOTAL........................................................................ ............................... $ Estimated Project Balance ............................................... ............................... $ * Consultant Contract awarded by City Council Action on April 19, 2011. ** Testing Agreement awarded administratively on June 23, 2010. 42,012.50 42,012.50 25,207.50 8,402.50 21,006.25 2,193,010.25 2,289.75 I \councilexhibits \exh5145.dwg tF MUECES B-ly sue^ Q 0!q v RO ua Rr� EXISTING m�P w z eR RD FIRESTATION wo oha^ er w o o IH37 o c U Y ZQ J � 2 K U I DIID4 DIl � n HWY44 HUINtj CORP`(.(S CX2uS�r = coRRUS PROPOSED = CHRISTI Ay °m INTERNATIONAL FIRE STATION W. POINT dq�TOGge<�D�� Sp o�0AY0 EL OSO \ LOCATION MAP NOT TO SCALE <9 CVO BUFFALO ST. �Fal?) A � LL� EXISTING a FIRE STATION ANTELOPE STREET ANTELOPE ST PROPOSED PROJECT SITE Jo• LEOPARD ST. LEOPARD ST ~ a ~ -� p 4 07 Z � N n g UpR /VF�,R pqQ ��� a a 0JG oJ� O n �4�i R ROAD l I VICINITY MAP PROJECT #5245 NOT TO SCALE CITY COUNCIL EXHIBIT FIRE STA TION No. 5 REL OCA TION CITY E CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 FMOW aw z i m 4" O C� o 4� N � 00 V � O � U �, • IN C C C a cv w � o= U to • IN C C C a cv c+� O N L6 c� O w O O c� Q rC O O Q a o ° N v .O Z O Q � O � c� � Q O O U '+� +-j a) O a U c �r �2 co I 7A �2 Kii SC G° 01 AGENDA MEMORANDUM KaPA 4P Future Agenda Item for the City Council Meeting of January 8, 2013 $ Action Agenda Item for the City Council Meeting of January 15, 2013 DATE: December 13, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Eddie Ortega, Director of Neighborhood Services eddieo @cctexas.com (361) 826 -3234 Execute Construction Contract ADA Improvements Group 3 (Bond Issue 2008) Accessible Routes in CDBG Residential Areas Phase 1 and Phase 2 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Ti- Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the Base Bid of ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in Community Development Block Grant (CDBG) Residential Areas Phase 1 and Phase 2. PURPOSE: The purpose of this item is to execute the construction contract for ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in CDBG Residential Areas Phase 1 and Phase 2. BACKGROUND AND FINDINGS: The proposed project is funded through the Street Bond 2008 program and the Community Development Block Grant Program. The contract has bid and City Council approval is required for construction to begin. The project consists of Americans with Disabilities Act (ADA) Improvements to selected City street intersections within the ADA Group 3 Project and CDBG Phases 1 and 2 limits, and four (4) to five (5) foot wide sidewalks along selected CDBG areas. J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO -ADA GROUP 3.DOCX The design effort for this type of accessible retrofit is very intense due to the amount of survey and design work required to fit the ramp into an existing situation with utility and surface conflicts. Each curb ramp location is a separate project and they are located all over the city versus one big continuous project at one project site. The degree of design used on this project helped to reduce construction costs keeping this project well under the budgeted amount. The intent is to provide for the construction of ADA compliant curb ramps and attached sidewalk facilities at intersections where street construction projects are not currently planned. Except for the outlined CDBG areas that will receive planned sidewalk improvements, other sidewalks will be improved only as needed to achieve ADA compliant transition as determined on an individual ramp location basis. ADA Group 3, Bond Issue 2008, and Accessible Routes in CDBG residential Areas Phases 1 & 2 Project streets, boundaries, and estimated base bid items are described as follows: The ADA Improvements Group 3, Bond Issue 2008 project provides for approximately 250 curb ramps on portions of five (5) city streets including: 1. Staples Street from Louisiana Parkway to Brawner Parkway 2. Ayers Street from Six Points to Horne Road 3. Carroll Lane from Staples Street to Tiger Lane 4 Gollihar Road from Kostoryz Road to Weber Road 5. Tiger Lane from Carroll Lane to Everhart Road The Accessible Routes In CDBG Residential Areas Phase 1 & Phase 2 project provides for approximately 26 curb ramp on portions of nine (9) City streets including: 1. Villa Drive from Leopard Street to Up River Road 2. Leopard Street from Lancaster Drive to Mueller Street 3. Graham Road from Waldron Road to Wranosky Park 4. Live Oak from Cenizo Avenue to Retama Avenue Saxet Heights No. 2, Block 4, a loop formed by: 5. Elmore Drive 6. Brooks Drive 7. Wilson Drive 8. Macleod Drive 9. Flour Bluff Drive from SPID to Sunbird Street On October 17, 2012, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Ti -Zack Concrete, Inc. $1,032,416.50 Le Center, Minnesota Brazos Paving, Inc. $1,144,471.65 Bryan, Texas J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO -ADA GROUP 3.DOCX ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. (Not recommended) OTHER CONSIDERATIONS: The City's consultant, CH2M Hill, conducted a bid analysis of the two (2) proposals submitted to the City. The lowest bidder based on the Total Base Bid is Ti -Zack Concrete, Inc. of Le Center, Minnesota. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Ti -Zack Concrete, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria, FY 2012 -2013 Street Capital Improvement Planning (CIP) Budget, and CDBG Program. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Neighborhood Services Department FINANCIAL IMPACT: CIP and CDBG FY `13 CIP Street Section Sequences 1, 2 & 5. Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $3,442,000 $1,758,000.00 $5,200,000.00 Encumbered / Expended Amount 3,442,000 404,658.00 3,846,658.00 This item 1,032,416.50 1,032,416.50 Future Project Expenditures 320,925.50 320,925.50 BALANCE 01 01 0 Fund(s): Street CIP, CDBG Program Comments: The project requires 201 calendar days, with anticipated completion approximately August 2013. Thus, funding for this contract will only be required during Fiscal Year 2012 -2013. J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO - ADA GROUP 3.DOCX RECOMMENDATION: City staff and CH2M Hill recommend that the construction contract be awarded to Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in CDBG Residential Areas Phase 1 and Phase 2 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO - ADA GROUP 3.DOCX PROJECT BUDGET ADA IMPROVEMENTS GROUP 3 (BOND ISSUE 2008) (Project No. E11014) ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 AND 2 (Project No. E10066) Action Agenda January 15, 2013 FUNDS AVAILABLE: Street CIP FY 2013 ........................................................ ............................... $5,000,000.00 CDBG Phase 1 .............................................................. ............................... 100,000.00 CDBG Phase 2 .............................................................. ............................... 100,000.00 TOTAL........................................................................ ............................... $5,200,000.00 FUNDS REQUIRED: Construction (Ti -Zack Concrete, Inc.) Base Bid .................... ............................... $1,032,416.50 Contingencies ( 10%) ....................................................... ............................... 103,241.65 Consultant Fees: Consultant Design (CH2M Hill) * ....................................... ............................... 404,658.00 Construction Materials Testing (Rock Engineering & Testing Laboratory) .................. 29,576.00 Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min) .. ............................... 28,391.45 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ...... ............................... 154,554.32 Misc. (Printing, Advertising, etc.) ....................................... ............................... 5,162.08 Prior ADA Construction Projects .................................... ............................... 3,442,000.00 TOTAL........................................................................ ............................... $5,200,000.00 BALANCE.................................................................... ............................... $0.00 * Original Consultant Design Contract awarded on November 17, 2009 to CH2M Hill (Motion No. M2009 -324). Amendment Nos. 1, 2, 3 included the design work for this project. Construction Observation Services is not included in Consultant Design Contract and will be performed by City Staff. Dject \ co uncilexh ibits \ exhADA— IN —CDBG- PROJECT LOCATION VILLA FROM LEOPARD TO UP RIVER RD. I T � z 0 Q BEAR PRINT PROJECT LOCATION CARROLL FROM STAPLES TO TIGER LANE F,K 43 PROJECT LOCATION TIGER LANE FROM CARROLL TO EVERHART Ch Q�hPI 4 <1 EM 2444 PROJECTS #E11014 & #E10066 PROJECT LOCATION LIVE OAK FROM CENIZO TO RETAMA PROJECT LOCATION LEOPARD FROM LANCASTER TO MUELLER PROJECT LOCATION ELMORE /BROOKS /WILSON/ CORPUS �A PROJECT LOCATION CH2iISV AYERS FROM SIX BAY POINTS TO HORNE �9 PROJECT LOCATION 2� STAPLES FROM LOUISIANA 90 PARKWAY TO BRAWNER PARKWAY PROJECT LOCATION GOLLIHAR FROM KOSTORYZ TO WEBER PROJECT LOCATION q� GRAHAM FORM WALDRON TO WRANOSKY PARK PROJECT LOCATION FLOUR BLUFF DRIVE FROM I� 2 SPID TO SUNBIRD STREET Q SAS OQ-- S� Oz Q LOCATION MAP NOT TO SCALE ADA IMPROVEMENTS - GROUP 3 CITY COUNCIL EXHIBIT BOND ISSUE 2008 CITY OF CORPUS CHRISTI, TEXAS $ DEPARTMENT OF ENGINEERING SERVICES ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS, PH.1 PAGE: 1 of 1 0 • oil i .r . O Cn O 4� N � 00 V � O U � �, I M I U) rl -2 cq U) 0 C\l u I ) C\l Ln Qa Cl 0 U LU I M I U) rl -2 cq U) 0 C\l u I ) C\l w i co O N ct � � O N ct cn Ct : ct A • U •+J � U 0 � � U � vo O � � N cn U U U 4 U w 65 � U � • � J a a� It co 00 00 00 00 00 00 O O O O L 6c3 MER L • O • O 00 ° 00 00 00 00 00 � coo 00 Cfl ago 00 00 0� rl- 0 O 'IT N (C) L O O • 00 O m O N O coo � N O � N � 6c3 � 0 MER L • O • O • O 0 • N O m W U U O O * r U L 2 0 a N J 0 U O U m (Y) 0 W N O N 2) JN N~ to O O U O O O N N D O a s L L L U O N O U Q 0) 0 C'1V Q -- Q �� Z3 � L y--� < ` Z �♦ W M N, N, Z Q Q Q Q Q Q LL v) U U F- LL U V O U U U NE L_ L� n F MER Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 NoP ©pE° Action Item for the City Council Meeting of January 15, 2013 1852 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826 -1972 Award of Contract for Professional Services: Cefe Valenzuela Landfill — Landfill Pavement /Roadway Life Cycle Replacement CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central Inc., of Corpus Christi, Texas in the amount of $290,029.00 for the Cefe Valenzuela Landfill — Landfill Pave ment/Roadway Life Cycle Replacement. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to provide a study and then design for the reconstruction of the Cefe Valenzuela landfill access road. BACKGROUND AND FINDINGS: Internal roadways located at J.C. Elliott and Cefe Valenzuela Landfills require periodic replacement due to the life cycle of the pavement and deterioration caused by heavy truck traffic. Roadways at J.C. Elliott landfill are currently under construction for improvements. Cefe Valenzuela Landfill internal roadways have experience pre- mature failures and require reconstruction. Addition repairs are required at County Road 20 which provides access to the Landfill entrance. This roadway has deteriorated, and will require reconstruction. Analysis of internal roadway alignment and development of the secondary landfill entrance needs to be evaluated in terms of continued landfill operation during roadway reconstruction. Kleinfelder Central Inc. of Corpus Christi, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the Consulting contract to Kleinfelder Central Inc. as proposed. 2. Do not award the Consulting contract to Kleinfelder Central Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $750,000.00 $2,552,529.00 $3,302,529.00_ Encumbered / Expended Amount $0.00 $0.00 This item $290,029.00 $0.00 $290,029.00 Future Expenditures $459,971.00 $2,552,529.00 $3,012,500.00 BALANCE $0.001 $0.001 $0.001 $0.00 Fund(s): #06 Public Health & Safety CIP Comments: N/A RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Kleinfelder Central Inc. of Corpus Christi, Texas in the amount of $290,029.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Location Map PROJECT BUDGET CEFE VALENZUELA LANDFILL - LANDFILL PAVEMENT /ROADWAY LIFE CYCLE REPLACEMENT Project No. 5232 January 15, 2013 111 ki I WIFAT /_11 Wail --1114 Sanitary Landfill 2008 CIP ( CO) ..................................................... ............................... $ 750,000.00 Future CIP budget request ........................................................... ............................... $ 2,552,529.00 TOTAL..................................................................................... ............................... 3,302,529.00 FUNDS REQUIRED: Construction Estimate Base Bid .................................................... ............................... 2,500,000.00 Contingencies ( 10%) ................................................................... ............................... 250,000.00 Consultant Fees: Consultant Design ( Kleinfelder) ..................................................... ............................... 290,029.00 Construction Materials Testing ( estimate) ........................................ ............................... 37,500.00 Geotechnical Engineering Testing ( estimate) .................................... ............................... 37,500.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) .............. ............................... 56,250.00 Engineering Services (Project Mgt/Construction Inspection/Traffic Mgt) . ............................... 87,500.00 Finance.................................................................................... ............................... 31,250.00 Misc. (Printing, Advertising, etc.) .................................................... ............................... 12,500.00 TOTAL..................................................................................... ............................... 3,302,529.00 ESTIMATED PROJECT BALANCE ............................................... ............................... $ - \Mproject \ councilexhibits \exh5232b. dwg � � IVVLI�LJ aH l `` Up RI �R s READ z °o 1F0�°A/�D Y ST IH37 N ° g � p U � Z W Q Z N � Z W Y U HWY 44 AGNES o V•0. mi Ll: F.M. 43 NUECES COUNTY n F.M. 665 co cn 0 F.M. 20 n 10 FM 2444 J.C. ELLIOTT LANDFILL F.M. 43 CID 00 N 2 � N i F.M. 14 0 SITE LOCATION MAP NOT TO SCALE PROJECT # 5232 Ch 4nnC'/ �o CABANISS FIELD FM 2444 W/ff� ezb" CITY COUNCIL EXHIBIT CEFE VALENZUELA LANDFILL CITY OF CORPUS CHRISTI, TEXAS LIFE CYCLE REPLACEMENT DEPARTMENT OF ENGINEERING SERVICES — PAGE: 1 of 1 — — 0 z J Q ° o Y CORPUS N Z ° F o CHRISTI o 0 °° m INTERNATIONAL W z Y AIRPORT ° BEAR z a CORPUS/CHRISTI �o� V•0. mi Ll: F.M. 43 NUECES COUNTY n F.M. 665 co cn 0 F.M. 20 n 10 FM 2444 J.C. ELLIOTT LANDFILL F.M. 43 CID 00 N 2 � N i F.M. 14 0 SITE LOCATION MAP NOT TO SCALE PROJECT # 5232 Ch 4nnC'/ �o CABANISS FIELD FM 2444 W/ff� ezb" CITY COUNCIL EXHIBIT CEFE VALENZUELA LANDFILL CITY OF CORPUS CHRISTI, TEXAS LIFE CYCLE REPLACEMENT DEPARTMENT OF ENGINEERING SERVICES — PAGE: 1 of 1 — — CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and KLEINFELDER, a Texas corporation, 5002 Ambassador Row, Corpus Christi, Texas 78416, (Architect/Engineer — A/E), hereby agree as follows: SCOPE OF PROJECT (Cefe Valenzuela Landfill Pavement/Roadway Life Cycle Replacement)(Project No. 5232) Internal Roadways and pavement located at the Cefe Valenzuela Landfill require periodic replacement due to the life cycle of the roadways and deterioration caused by heavy truck traffic. Recommended work is necessary to allow continued access to the facility. Additionally, post closure monitoring and mulching operations require construction of additional internally roadways. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering (A/E) Services Page 1 of 3 K,VENGINEERING DATAEXCHANGEViNGIEWSOLID WASTE%5232 JC ELLIOTTAND CEFE VALENZUELA LANDFILL PAVEMENTAND ROADWAY LIFE CYCLE REPLACEMEN11AGENDA ITEM CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $290,029.00, (Two Hundred Ninety Thousand Twenty Nine Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) S. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A/E) Services Page 2 of 3 K%ENGLNEERWG DATAEXCNANGEIANGIEMISOLID WASTE15232 JC ELLIOTTAND CEFE VALENZUELA LANDFILL PAVEMENTAND ROADWAY LIFE CYCLE REPLACEMENT%AGENDA ITEM 1 CONTRACT PROFESSIONAL SERVICES DOC Oscar R. Martinez, i ' . I- -w- Office of Management • and Budget I .2= Project Number 5232 Funding Source- 550950-3365-00000-140329 Fund Name: Sanitary Landfill 2008 CIP Encumbrance Number: ENTERED MHERIMMUMM Contract for Engineering (AfE) Services Page 3 of 3 K.%ENGINEERING DATAFXCHANGBANGIEWSOLID WAST05232 JC ELUOTTAND CEFE VALENZOELA LANDFILL PAVEMENTAND ROADWAY UFE CYCLE REPLACE ME WWWNDA ITFMU CONTRACT PROFESSMNAL SERVICES DOC KLE/NF'ELOER Bright People. Right Solutions. October 5, 2012 Proposal No. 129062 Mr. Dan Biles City Engineer 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Subject: Proposal for Cefe F. Valenzuela Landfill Road Improvements (City of Corpus Christi Project Number 5233) Nueces County, Texas Dear Mr. Biles: Kleinfelder is pleased to submit this revised proposal to the City of Corpus Christi for the above referenced projects based on the comments received in our meeting with Mr. Lawrence Mikolajczyk and Mr. Riaz Ahmed on September 27, 2012. Please find attached the following documents for your review and consideration: 1. Exhibit A 2. Exhibit "A -1" 3. Budget Summary Spreadsheet We appreciate the opportunity to provide you with this Proposal. If you have any questions, please contact us. We are ready to begin work and look forward to providing you with our services. Sincerely, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm F -5592 ema��dAl-Turk, P.E. Vice President Attachments: Exhibit A Exhibit A -1 Budget Summary Spreadsheet rry Ips reu S� 1 Clien Account Manager cc: Mr. Lawrence Mikolajczyk, Director of Solid Waste Operations City of Corpus Christi Mr. Riaz Ahmed, Project Manager City of Corpus Christi 129062 / CCH12P0239R3 Page 1 of 1 July 24, 2012 Copyright 2012 Kleinfelder Revision No. 3, Dated October 5, 2012 5002 Ambassador Row, Corpus Christi, Texas 78416 p l 361.854.4774 f 1 361.854.4924 EXHIBIT "All Pa e1of15 4.1412911:11W-11 CITY OF CORPUS CHRISTI, TEXAS CEFE F. VALENZUELA ROAD IMPROVEMENTS ANALYSIS CORPUS CHRISTI PROJECT NUMBER 5233 PROJECT UNDERSTANDING The Cefe Valenzuela Landfill access road is located on County Road 20, approximately 3,100 feet west of the intersection with FM 2444. The access road is approximately 9,600 feet in length and extends from County Road 20 to the landfill operations area. Since the landfill opened in 2007, the landfill access roadways and the section of County Road 20 have experienced a substantial increase in commercial traffic, with some recorded accidents. The roadway pavements are currently experiencing significant pavement distress and are considered past the original design life. The Engineering Design for the reconstruction of the Cefe Valenzuela Landfill access road (approximately 9,600 If) and County Road 20 from FM 2444 to the landfill access road entrance (approximately 3,100 If) will be based on 30 years design life. The traffic projections will be based on actual 2011 traffic volume with a 3 % annual increase over the 30 years design life. The design will also reflect increased truck traffic and truck weights for short periods of time that may result from an emergency or disaster. 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Arch itect/Eng i nee r-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. PF9Vide 6G9pe of soil beFonq6, and- 'a-ht9r--;atn-Fy te6tiFlq. (The b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in - . e# L1-) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the operating department and other agencies (such as the Texas M T "A"of15 Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and ten (10) paper copies of the Design Memorandum (or Engineering Report), with executive summary, opinion of probable construction costs - with - life -sysle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design ( CONSTRUCTABILITY). 5) that — areReed`ed —fey the F�rejes�(Environmental issues and archeological services to be an Additional Service). EXHIBIT $$A" Page 3 of 15 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. S) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction; c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (A/E to coordinate with City Operating Department). g. PFGYede applirable MasteF Plans. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement design memorandum recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare ene-a Mud le Lone_) sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. EXHIBIT "A" Page 4 of 15 c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule; e. Furnish one (1) copy of the interim plans (plans only - identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. EXHIBIT "A" Pa e5of15 Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. n. Ordinance No. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city vertical construction projects. If it is determined this project is subject to Municipal Public Art Program, the architect/engineer will cooperate during the design process to fulfill the requirements of the ordinance. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. EXHIBIT "A" Page 6 of 15 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The ME will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. EXHIBIT "A" Page 7 of 15 d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT "A" of 15 1 - l� 11 I MI T • l ■ - ■ i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT "A" of 15 The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. , eF any GtheF Fail o AIDES Der.r.ig meRdFnentG f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g-- Nweses -SeuRty 2. Right -of -Way (ROW) Acquisition Survey. The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I =EXHIBIT "A" of15 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'D Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Environmental Issues . -- T: - - 5. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: General: PR will act as directed by and under the supervision of A /E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as EXHIBIT "A" Pa e10of16 necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: EXHIBIT "A" Page 11 of 15 l:4 A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to B. the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. C. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. EXHIBIT "A" Pa e12of15 =JIM 1 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Q- Geotechnical investigation, borings, and laboratory testing. Provide necessary soil investigation and testing. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday 12/5/2012 Begin Preliminary Phase . ■. 1/14/2013 Begin Design Phase Friday 3/1/2013 Interim Submittal Friday 3/22/2013 City Review Friday 4/26/2013 Pre -Final Submittal Friday 5/17/2013 City Review Friday 6/14/2013 Final Submittal Monday 6/24/2013 Advertise for Bids Tue/Wed/Thu 7/9/10/11/ 2013 Q- Geotechnical investigation, borings, and laboratory testing. Provide necessary soil investigation and testing. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday 12/5/2012 Begin Preliminary Phase Monday 1/14/2013 Begin Design Phase Friday 3/1/2013 Interim Submittal Friday 3/22/2013 City Review Friday 4/26/2013 Pre -Final Submittal Friday 5/17/2013 City Review Friday 6/14/2013 Final Submittal Monday 6/24/2013 Advertise for Bids Tue/Wed/Thu 7/9/10/11/ 2013 Pre -Bid Conference Wednesday 7/31/2013 Receive Bids Monday 9/12/2013 Begin Construction Weekday 3/10/2014 Construction Completion EXHIBIT "A" Page 13of15 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A /E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Pa e14of15 C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $57,747 2. Design Phase $126,545 3. Bid Phase $10,669 4. Construction Phase $39,703 Subtotal Basic Services Fees $234,664 Fee for Additional Services (Allowance) 1. — Rmolwgds TY 11/'1T kNet-l-ands Delineation and Perm# AI�I'1CC Dcr..±i ♦ /Amcnrimcn4� TAll7r`!` Texas Commission on Environmental Quality Total Permitting $8,521 2. ROW Acquisition Survey $14,194 3. Topographic Survey (AUTHORIZED) $19,860 4. Environmental Issues 0 5. Construction Observation Services TBD 6. Start-up Services 0 7. Warranty Phase $3,660 8. Provide SCADA Documentation 0 9. Geotechnical Investigation and Testing $9,130 Sub -Total Additional Services Fees Authorized $55,365 Total Authorized Fee $290,029 EXHIBIT "A" Page 15 of 15 CITY OF CORPUS CHRISTI, TEXAS CEFE F. VALENZUELA ROAD IMPROVEMENTS CORPUS CHRISTI PROJECT NUMBER 5233 EXHIBIT "A -1" SCOPE OF WORK A. Basic Services 1. Preliminary Engineering Task 1: Project Initiation and Data Collection Attend one kick off meeting with the Client. Compile and review available City and County documents related to the landfill access road and CR 20 such as as -built plans, topographic surveys, right -of -way location on CR 20 and CR 57, subsurface explorations, and utility installations. Kleinfelder will request this information during the project information meetings with the City, County and TXDOT. The City has provided electronic CAD versions of the as -built plans or original design plans for use during the conceptual design of alignments. Under this task Keinfelder will utilize existing published information and mapping in preparing the alignment study for road improvement analysis. Task 2: Subsurface Investigation and Testing (Additional Services) Task 3: Pavement Design 1. Prepare an AASHTO pavement design for the Cefe Valenzuela Landfill Access Road with the following parameters. a. The Pavement Design will be based on a 30 year design life. b. Update the ESAL's based on traffic data provided by the City (64,658 loads into the landfill in 2011). c. Evaluate alternatives for recycling the existing pavement or other green alternatives. d. Incorporate increased truck traffic and truck weights for short durations that may result from an emergency /disaster. Determine the overall reduction in pavement design life as a result of increase truck volumes and weights for an assumed number of emergency events throughout the 30 year period. e. Determine the new pavement section that is required to provide a 30 year design life which includes the increased truck volumes and weights for an assumed number of events throughout the 30 year period. EXHIBIT "A -1" Pa e 1 of 12 f. Review the Cefe F. Valenzuela Landfill Pavement Study prepared by Kleinfelder in July 2011 g. Review original pavement design study prepared as part of the Cefe F. Valenzuela Landfill permit document. 2. Prepare an AASHTO pavement design for the section of County Road 20. a. Based on traffic data provided by the City for CR 20, determine the ESAL's b. The new pavement design will be based on a 30 year design life. c. Evaluate alternatives for recycling the existing pavement or other green alternatives. d. Incorporate increased truck traffic and truck weights for short periods of time that may result from an emergency /disaster. Determine the overall reduction in pavement design life as a result of increase truck volumes and weights for an assumed number of events throughout the 30 year period. e. Determine the new pavement section that is required to provide a 30 year design life which includes the increased truck volumes and weights. 3. Prepare an AASHTO pavement design for Temporary Pavement. a. Based on traffic data provided by the City, determine the ESAL's b. The new pavement design will be based on a 2 year design life. c. Determine the pavement section that is required to provide a 2 year design life for temporary pavement to be used during construction. 4. Prepare an engineering analysis and evaluation of the field and laboratory data performed for the geotechnical investigation and pavement design efforts of the project, based on available project concepts. Information to be provided in the report includes the following items. a. Description of the field exploration and laboratory testing b. Summary of laboratory test results c. Discussion of subsurface soil and groundwater conditions d. General discussion of the site geology e. Recommendations for preparation of the pavement subgrade f. Recommendations for pavement thickness based on AASHTO 1997 g. Earthwork recommendations, including backfill requirements h. Plan of borings to scale illustrating the approximate location of each boring i. A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information j. One bound copy and one electronic copy of the report EXHIBIT "A -1" Page 2 of 12 Task 4: Roadway Design Considerations 1. Review the accident reports provided by the City. Evaluate high accident locations and corresponding roadway geometric deficiencies at these locations. 2. For the landfill access road, provide written recommendations for improvement to the horizontal and vertical alignments, as well as the roadway cross section (roadway cross slope, pavement widths) with consideration to high accident locations, acceptable roadway geometrics based on AASHTO A Policy on Geometric Design of Highways and Streets, construction sequencing and maintenance of traffic during construction, pavement design recommendations, heavy truck traffic, operating versus design speed, and impacts to overhead and underground utilities. valuate and recommend traffic calming measures on the access road to control operating speed. 3. For CR 20, provide written recommendations for improvement to the vertical alignment, as well as the roadway cross section (roadway cross slope, pavement widths), acceptable roadway geometrics based on AASHTO A Policy on Geometric Design of Highways and Streets, right -of -way considerations, construction sequencing and maintenance of traffic during construction, pavement design recommendations, design speed, and impacts to overhead and underground utilities. 4. Evaluate and recommend alternatives for construction sequencing and maintenance of traffic so that landfill operations will not be impacted. Alternatives may include temporary roadway widening to maintain two lanes on traffic on or near the existing alignment, new alignment and abandonment of the existing roadway, temporary access routes to provide full access to the landfill, temporary access routes to provide one way access to /from the landfill. 5. Identify, evaluate and recommend alternatives for improving stormwater management and roadway drainage deficiencies that lead to roadway flooding, poor surface drainage (hydroplaning) or undersized conveyance swales. Task 5: Conceptual Opinion of Probable Construction Costs Develop conceptual opinion of probable construction cost based on major item quantities. Unit costs will be based on historical data from past City bid tabulations provided by the City. The purpose of the conceptual opinion of probable construction cost is for budget planning purposes, not for bid or construction. EXHIBIT "A -1" Pa e3of12 Task 6: Basis of Engineering Design Report Prepare the Basis of Engineering Design report presenting the methodology, findings and recommendations for the project. Submit one (1) copy in electronic format, and ten (10) hard copies to the City (included in Basic Services), one (1) hard copy to the County, and one (1) hard copy to TXDOT. Task 7: Meetings The purpose of the following meetings is to present the project scope, collect available information of past project is the area, and solicit input in the planning process for subsequent design phases. Prepare agenda, document and distribute meeting minutes. • One (1) project information meeting with the City of Corpus Christi — Engineering, Streets Operation and Solid Waste • One (1) project information meeting with TCEQ District 14, Corpus Christi • One (1) project information meeting with the County of Nueces • One (1) project information meeting with Texas DOT Corpus Christi District 2. Design Engineering Upon selection of the preferred roadway alignment alternative(s), and approval by the City to proceed, Kleinfelder will perform the following. Task 1: Survey and Controls (Additional Services) Task 2: Design and Construction Plan Production 2.1 Field Reconnaissance Perform one site visit to observe the general site conditions: traffic patterns, above ground utilities, trees and other natural resources, fences, walls and other landscape features, and other relevant features. We will perform a field review of the survey information provided. 2.2 Roadway Alignment and Geometry Develop horizontal and vertical alignment geometry for the proposed roadways for the preferred alignment and proposed roadway cross section. Roadway geometry shall be based on AASHTO and Texas DOT design standards. It is expected that the reconstruction of CR 20 will be on the existing horizontal alignment with minor improvement to the vertical geometry to improve roadway drainage. M"A -1" of12 The engineering design shall take into consideration all factors affecting the cost of the construction, such as foundation problems, earthwork quantities, erosion and sedimentation control, water - quality- treatment issues, construction phasing and complexity, utilities affected, environmental, and selection of construction materials. 2.3 Roadway Cross - Sections Develop roadway cross sections at 50 foot intervals and critical locations. The cross sections will show existing and proposed grades as well as the proposed roadway structure, including notes and dimensions to depict the proposed design. 2.4 Drainage Design Stormwater analysis and design will be limited to the roadside swales along CR 20 and the access road. The analysis and design of existing or new underground storm drain systems and culvert, including the culvert across CR 20 approximately 300 feet west of the access road intersection, detention and retentions system, are not included in this scope of services. The analysis of pre - construction and post - construction stormwater flows is not included in this scope of services since the area of impervious pavement is expected to have a negligible impact on current stormwater rates of runoff. Review existing maps, drawings, field surveys and drainage studies to determine existing drainage patterns and develop drainage area boundaries as necessary. The HydroCAD Stormwater Modelling software, based on SCS TR -20, will be used to analyze and design the roadside swales. Design appropriate channel linings based on anticipated stormwater volumes and flow velocities. 2.5 Utility Conflict Identification Identify and document on the plans potential conflicts between existing utilities and the proposed roadway design, including relocation of utility poles, and depth of covers over existing underground utilities. It is the intent of the roadway design to avoid the relocation of utility poles and underground utilities; however, utility pole relocation may be required to accommodate the proposed roadway alignment or maintenance of traffic during construction. Utility Coordination for relocation with utility owners will be performed by the City. 2.6 Erosion and Sediment Control Prepare Best Management Practices for permanent and temporary erosion and sediment control measures. BMP's shall be per the City standards and details. 2.7 General Contract Plans The City of Corpus Christi standard plans will be incorporated. This includes the Title Sheet; Estimated Quantities, Abbreviations, and General Notes Sheet. EXHIBIT "A -1" Pa e5of12 2.8 Typical Sections Prepare typical sections of the CR 20 and the landfill access road based on City Standards. Label the location of the roadway crownline, method of banking, guardrail details, pavement structure and pavement structure and material types in accordance with the City's standard nomenclature. 2.9 Construction Plans Prepare the Construction Plan and Profile Sheets at a scale of 1 "= 4 feet vertically and 1 "= 40 feet horizontally showing horizontal and vertical alignment and location coordinates based on the survey base plan. The plans will present the existing conditions base plan with the proposed roadway improvements and all items of work clearly identified and labeled as appropriate. Profiles will show existing and proposed grades along the centerline of the roadway, and existing underground utilities (if present). Roadway signage shall be limited to the removal and replacement of existing signs. Preparation of sign plans is not included in this scope of services. Design of landscape improvements and landscape details shall be limited to the removal and relocation of existing landscape features. The development and design of landscape plans is not included in this scope of services. 2.10 Traffic Management Plans Prepare traffic management plans and details that allow for maintenance of traffic during construction. Traffic Management Plans will show the temporary facilities required to maintain traffic (such as temporary roadway widening) and associated construction details including signage and markings. Temporary traffic signals at intersections or for maintaining one -way traffic is not included in this scope of services. The development of detour plans (for road closures during construction) is not included in this scope of services. 2.11 Construction Details Prepare details of key features not satisfactorily described in the City's standard details. Key details shall include the labeling of key materials in accordance with the standard nomenclature and materials specifications. 2.12 Stormwater Pollution Prevention Plan Prepare and submit a Stormwater and Pollution Prevention Plan. Revision, updates and implementation shall be the responsibility of the contractor. 2.13 Estimate of Construction Cost Prepare estimate of probable construction cost based on quantity calculations and historic bid prices for similar projects furnished by the City. EXHIBIT 66A -1" Page 6 of 12 2.14 Quality Control Review Perform a review of the quality and accuracy of the calculations and documents at the interim, pre -final and final plans and bid documents, prepared in accordance with the City's standard specifications and design guidelines, and general engineering practice. 2.15 Meetings and Liaison Kleinfelder will attend and participate in two (2) design development meetings with the City. Prepare agenda, and prepare and distribute meeting minutes. Additional meetings including but not limited to public informational meetings, public hearings, TxDOT, Nueces County meetings, environmental coordination meetings, and utility coordination meeting. Other meetings beyond the design development meetings are not included in this scope of services. 2.16 Contract Plans and Submission Construction plans and Specifications will be prepared utilizing the City of Corpus Christi standard Agreement forms and conditions. Additional requirements from agencies such as Nueces County Public Works and TXDOT will be incorporated into a single contract document for review, bidding and construction purposes. • Interim submission of Plans & Specifications (identify needed specifications) for CR 20 Improvements will be provided to Nueces County and TXDOT for Review and comment ( Nueces County/TXDOT standards). Three set of documents will be prepared and submitted. • Interim, Pre -Final and Final Plans & Specifications for Cefe Landfill Haul Road Improvements will be provided to the City of Corpus Christi for review and comment. One set of documents will be prepared and submitted for each submission. The Construction Plan set will include: • Title Sheet • General Notes sheet • Supplemental General Notes sheet (if needed) • Quantity Summary Sheet • Typical Roadway Sections • Geometric Data • Construction Plan and Profile Sheets • Construction Management Plans • Detail Sheets • Roadway Cross Sections Sheets EXHIBIT "A -1" Pa e7of12 3. Bid Phase This Scope of Services assumes that the project will be bid once. Should the project or portion of the project need to be re -bid, the effort will be undertaken as an Additional Service. 4. Construction Phase Construction phase services are based on an assumed 6 month (24 week) construction schedule. Site visits are budgeted at 24 site visits performed by the Senior Engineer at 8 hours per visit; and 12 visits by the Project Manager at 8 hours per visit. The construction phase services budget is subject to the contractor's production rates and schedule and are beyond the control of the City and Kleinfelder. Should the contractor's schedule required additional labor effort beyond the budget defined herein, such effort shall be considered Additional Services B. Additional Services 1. Permitting The Cefe F. Valenzuela Landfill operates under TCEQ Permit No. 2269. Modifications to the design of the permitted facility will be submitted to the TCEQ as required under 30 TOC chapter 305. Because the facility operates under the state permit, it is assumed an application and review by the City Development Services Department will not be required. Additional services under this task include revisions to the Cefe F. Valenzuela Landfill Permit Document with the TCEQ. Under this scope of work, additional permitting is not anticipated for the items listed under Exhibit A 3.6.1. With these assumptions, an Allowance budget of $8,521 has been allocated for this task. If additional permitting requirements are necessary, Kleinfelder will notify the City of Corpus Christi and prepare an additional scope of work and fee. 2. Right -of -Way (ROW) Acquisition Survey Provide right -of -way survey along a section of CR 20 and along the preferred roadway alignment for the landfill access road for the following limits: CR 20: From the intersection of CR 57 to approximately 300 feet beyond the landfill access road for a distance of approximately 3,500 feet, including approximately 100 feet north and south of CR 57 with the intersection of CR 20. The width of the survey shall be approximately 25 feet beyond the existing right -of -way lines. EXHIBIT "A -1" Pa e8of12 Existing Right -of -way lines shall obtained through field determination, deed research or other methods to properly establish such lines. Property lines shall be obtained through existing plans, and available City records. Right -of -way lines and property lines to be shown on the survey plan. All work must comply with Category 1 -A , Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work will conform to and be tied into the City's Global Positioning System (GPS) control network and comply with TxDOT requirements as applicable. It is assumed that the preparation of ROW plats and descriptions for acquisition shall not be required since all work is expected to be performed within the existing ROW width. 3. Topographic Survey Provide topographic and planimetric survey along a section of CR 20 and along the preferred roadway alignment for the landfill access road for the following limits: CR 20: From the intersection of CR 57 to approximately 300 feet beyond the landfill access road for a distance of approximately 3,500 feet, including approximately 100 feet north and south of CR 57 with the intersection of CR 20. The width of the survey shall be approximately 25 feet beyond the existing right -of -way lines. Access Road: Since the preferred alignment is not yet defined, this proposal assumes the survey length to be approximately 9,600 linear feet (length of the existing access road from CR 20 to the entrance gate). The width of the survey shall be approximately 220 feet at the entrance, and vary along the length of the access road to encompass the maintained (non - agricultural) roadway side slopes, but not less than 200 feet in width. Perform field survey for the development of a survey base plan for design. All work will conform to and be tied into the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I Specifications of the Texas society of Professional Surveyor's Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. • Locate and identify all utilities both overhead and underground including rim /frame elevations and invert elevations • Locate and identify all drainage systems, including rim /frame elevations, invert elevations and pipe types, and sump elevations, for manholes, catch basins, culverts, and other structures • Locate and identify all drainage swales and channels, providing accurate survey to define the invert elevation and cross section along the entire length, including channel lining type. EXHIBIT "A -1" Pa of 12 • Perform wetland field survey, identification and flagging. • Establish survey control points and temporary bench marks within the limits of the project, with location tied to the grid. Locate and identify all pertinent features to be shown on the survey, including but not limited to, building corners and sill elevations of buildings within the limits of survey, edges of pavement (roadway, sidewalk, driveway, walkways), curbing, above and below ground utilities, utility poles with identification number and guys, fences including height and type, mailboxes, signs, monuments, road striping, overhead wires, surface types for driveways and sidewalks, individual trees with diameter and species type, tree lines. • Prepare an accurate digital terrain model (DTM) required for roadway design (centerline profile and cross section elements) including all fault/break lines located along top and bottom of curb /gutter lines, edges of roadway and driveway pavement, centerline or roadway and all other locations to accurately describe existing topographic information. • Prepare the survey drawing at a scale of 1 " =20 feet. • Provide a hard copy of the survey existing conditions survey stamped by a land surveyor licensed in the State of Texas. Electronic version of the existing conditions base plan survey containing the planimetric and topographic information and a DTM model in AutoCAD Civil 3D. 4. Environmental Issues The Cefe F, Valenzuela Landfill was opened in November 2007, At the present time, no known environmental hazards or conditions are evident at the project site. Should these conditions become apparent or evident during data search, records search, field investigation or construction, Kleinfelder will immediately notify the City of Corpus Christi of this discovery or evidence which may require appropriate action. Kleinfelder will prepare a separate scope and fee for review and approval by the City of Corpus Christi prior to initiating actions to the conditions identified. No estimated Allowance for these services is set at this time. 5. Construction Observation Construction phase services are based on an assumed 6 month (24 week) construction schedule. A budget for full time construction observation services is based on 5 day week, 9 hours per day, for the 24 week construction schedule, for a total of 1080 hours. Kleinfelder shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). Kleinfelder's efforts will be EXHIBIT 6'A -1" Page 10 of 12 directed toward providing a greater degree of confidence for Client that the completed work of Contractor(s) will conform to the Contract Documents, but Kleinfelder shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. The construction observation services budget is subject to the contractor's production rates and schedule and are beyond the control of the City and Kleinfelder. Should the contractor's schedule required additional labor effort beyond the budget defined herein, such effort shall be considered Additional Services 6. Start-Up Services Not included 7. Warranty Phase Provide a one -day maintenance guaranty inspection (8 hours) by a project engineer to evaluate the condition of the roadway pavement, sideslopes, roadside swales and other items of work based on a visual inspection only. Prepare a letter report summarizing the condition and recommended action to correct defective conditions. A budget of 16 hours is allocated to the preparation of the report. B. Provide SCADA Documentation Not included 9. Geotechnical Investigation and Testing 1. Field Exploration a. Coordinate field activities with City of Corpus Christi personnel b. Locate the proposed borings using a site plan and measurements from existing landmarks; these locations will be recorded in the field using a hand -held GPS device c. Contact Texas 811 to locate buried utilities within existing easements and right -of -ways d. Mobilize a truck - mounted drilling rig to drill 12 borings, each to a depth of 10 feet below grade e. Sample the subsurface soil continuously to a depth of 10 feet; samples will be collected using either a tube sampler, or a split spoon sampler in conjunction with the standard penetration test f. Observe for groundwater seepage during drilling and, if encountered, after a 10 minute waiting period g. Backfill boreholes with soil cuttings upon completion The borings will be logged in the field by a Kleinfelder engineering technician. M IBIT "A -1a 11 of 12 2. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include: Moisture content; Atterberg limits (liquid and plastic limits); Percent passing No. 200 sieve; Dry density and moisture content; Unconfined compressive strength; California Bearing Ratio (CBR). Kleinfelder will retain soil samples for 30 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. EXHIBIT "A -1" Pa e12of12 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pa e 1 of 3 K%Enginewrg DataExchange%ANGIEM%SOLID WASTEW32 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENTIlAgenda ItemtLARGE AE EXHIBIT 8 d= C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 KtEngineenng DataExWan9eYANGIEM%S0L10 WASTB5232 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENTWgenda Item1LARGE AE EXHIBIT B.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 KaEngirteanng DataExohangeMGIEM%SOLID WASTE%5232 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENTVIgenda Item1LARGE AE EXHIBIT B.doex y 10-0 O to v 0 O d N 0 O N 0 O U at c Q t2 N � C d E E N V Q E CO a a 0 0 M N U d O 0O > C H � 7 v O ._ O C a — O E � 4s W 10-0 O to v 0 O 0 O co 0 O N 0 O U O C V N V 0 z Or-- M 41 0 M N O O r 613 N Izzz o c 0 m p V � --% O > E J 4 _ = 0 a°'— U N V N Z Z � E °o o a R L f C C 16 0 O O r 10-0 O to 0 O 0 O 0 O co 0 O N 0 O 0 O 0 O 0 O 0 O 0 r r 0 z Or-- M -0-0 r 0 M N 0 0 o a o 0 0 o p p p o 0 0 0 U N N � ° °o o u- •� tan P P P � L� U r E43 r to N 69 N u. L N N 69 M 69 C 0 0 0 O O O 0Ef3 0 0 0 0 O 0 0 to 0 a to o c ° Lq to U 0 0 0 °� H O v o 69 a`� 1° sF00cn Ef3 ca tw in a I- 69 643 00 O o o 0o O o p p p o Oo 00 to r- m m V) ton to tan N LO � r r 643 O O O O O O O 1� Q Q Q t` O ti ti O O to O O O N N m Q Q W) V O O O 1- to N O V- CO F, 1� N ti O M M r r 06' le r y 91, 69 0 0 ao a0a N O N o N r-_ � tn n 69 to N O N 10 i- 1_ tQ N to CO r r 69 r r 69 1 69 r N 69 0 0 co 0 Q Q p N 0 N N 0 0 609 O r O O �- r r r r ER r E9 r E�4 r N d4 00 O 0 0 0 0 0 o 0 0 0 0 O 0 O 0 to to O 00 O O O O O F. � (V N � N� N � M EXHIBIT "C" of 1 � N N N V a m .E a vii rna o m a. O m U U) M EXHIBIT "C" of 1 N U N N (J1 to u- •� L� U to N u. L N t C 0 U rn� o c ° ¢ E U 0 0 0 °� O U O v o Qa� a`� 1° sF00cn to ca tw in a I- M EXHIBIT "C" of 1 �AlSUPPLIER NUMBER TO BE ASSIGNED BY TrY- PURCHASING DIVISION of CITY OF CORPUS CHRISTI chrtsu DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not app[icable, answer with 'NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Kleinfelder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner E] 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City, of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each -official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. Stale the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named -firm.- Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not -knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Emad Al Turk, P. E. Title: (Type or Print) Vice President Signature of Certifying ��� Date: Persoa: - , 44po DEFINITIONS X - /o -iz a. '`Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm" Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service. including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official" The Mayor, members of the City Council, City Manager. Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest:' Legal or equitable interest, whether actually or constructively held, in a firsts, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. r At O C1) F� V O � U � U �, O N co O C 7 O U co O ;��. ttt7 v �{`r�rt�,i�i i %t ,'�trFf7fi,1��1�� / /f1 l ',. }� {y�,!� I,t�j `•} � ?'r /r,�t.,, ��" � , a`+rs /' �t?��✓ / ,,: "i / ?, 4� Vin, // fit,. / � /� �. 5 ✓%/ % �r J? Irt�� %yl f /� yl)l //� �:� rr�v� ���£ l l�/ f/� /' � � /i : ' i ill f /// l � �sS"'' l /f ;rl it J }�Ys� r lP,. sl �/ \ t j �t`• • �S �5/f � • ./ ✓� ll it // i`rJ rJ�( {(�%{q1���G %} /l J /Y //l � /. (Y" f �.�; /�/ /��/ �� /ra tit {y�;������rr� ��� /.,✓r/,r / ✓l /l//// / /�/ 'fist:. '?i„" r'� �" � }�����Fh • � { / ll f /✓ >�������� }�T���f �kt{� �� / / / %.. ✓7 t/r / ✓� l � '' r /`tipt� rP{;J�,� • • /? i�f l/'f {/ ✓ 1sJ {7PY.'1�,}r'�i }2t� �#{i Jj�}�, sf`f��rt'� � / r� l ✓/ � � �" l/ f %/ / i � II `�'i�s ���� >�v��i" 3 �%%;5'�r} � / %/ � //l / r/l •. .� (. &' / / yr t7� ff�rJ��? �3 k �5�+�� / f,/ /� %% �' �; i{ r✓'{ S ? / t:j �� • ��fl �i ,s' / ✓ r� " «:< n:�)� � /�ri�US� {r,,:�.:.��/ r'�zx;?��„r%', ✓f� � {���// fR1k�,mS3�f'� � /, r /;s�� O L D U N O L O ti N U N O L co �r r lw W Z J OQO H LU w CL p W Q W MER 00 00 00 00 00 00 00 00 000 000 00 O 0 O 0 0 O O 0 O O LO N N O LO LO 0 o O N 0 Lo LO N LO (\A Lr) 0 LO NO 0 OO 0 (j O ti Lr) CO (Y N O (j I` LO C7 Lr) (\A N N (� N 6c3 • 0 �o � N 70 0 • Q O � O O L � 1 L LLJ -- Q LU 0) N O 0 (D (6 U O m o 0 a� L •fn ` � � � O L o a� o a, � U > ON E 0 N LU LL! = 0 U U D c (6 � U L Q J� 7 p LU U N O. V N Cn m O W O N LL m U 0 _ Q m O U �. i () O Q O V �. Z3� c6 O U Q J Cl C: 0 z3 U O N a m N Q W ,O O O N J Q O "� w U �. O O U O U U U� E O 0 to Q (6 Q cn O O O N O O ._ p C/) U- p U U U 01- U Lu U- O Z Z LL LL lw W Z J OQO H LU w CL p W Q W MER Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: January 8, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Jim Davis, Director of General Services jim cctexas.co (361) 857 -1909 Elevator & Escalator Maintenance CAPTION: Motion approving a service agreement with Schindler Elevator Corporation, San Antonio, Texas for elevator and escalator maintenance in accordance with Bid Invitation No. BI- 0249 -12, based on lowest responsible bid, for a total expenditure of $93,084.00 of which $54,299.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for one (1) year with four (4) automatic one -year extensions, subject to annual appropriation. Funds have been budgeted by the various using Departments in FY 2012 -2013. PURPOSE: This service agreement will provide for the maintenance, repair and inspection of City elevators and escalators in order to ensure that they are operating properly and in compliance with current ASME safety codes. BACKGROUND AND FINDINGS: All options to extend the previous contract were exercised, requiring that this service be re -bid. For reasons of public safety, regulatory control, technical oversight, quality assurance and administrative requirements, it is in the City's best interest to award this contract to a single contractor. The contract will be administered by Facilities Management and applies to elevators and escalators at the following locations: City Hall, American Bank Center, International Airport, Museum, Health Department, Ayers Service Center, Stevens Water Plant, Multi- Cultural Center, Central Library, Police Department, Parkdale Branch Library, Frost Building and the Greenwood Wastewater Plant. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The contract allows for a two percent (2 %) increase in pricing each year the service agreement is extended. Taking this price escalation into consideration over the five -year period, the bid from Schindler Elevator Corporation is lower than the next bid by $103,286.00. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: ✓ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,091,554.17 $38,785.00 $1,130,339.17 Encumbered / Expended Amount $419,150.81 $0 $419,150.81 This item $54,299.00 $38,785.00 $937084.00 BALANCE $6187104.36 $6187104.36 Fund(s): Facilities Maintenance Services Fund, Visitor's Facility Fund, Airport Fund, General Fund, Maintenance Service Fund, Water Fund, Wastewater System Fund. Comments: The $54,299 financial impact shown above represents seven (7) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $38,785.00 for the last five (5) months of the contract will be requested during the normal FY 2013/2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI- 0249 -12 BUYER - GERALD GOODWIN ELEVATORIESCALATOR MAINTENANCE ITEM DESCRIPTION Schindler Elevator Corp. San Antonio, TX YEAR 1 PRICE Nueces Elevator Co. Corpus Christi, TX YEAR 1 PRICE Thyssen Krupp Elevator Corpus Christi, TX YEAR 1 PRICE EMIR Elevator, Inc. San Antonio, TX YEAR 1 PRICE 1. CITY HALL $18,000 $24,000 $21,600 $24,960 2. AMERICAN BANK CENTER $29,400 $42,000 $43,500 $48,840 3. INTERNATIONAL AIRPORT $25,080 $24,000 $31,980 $32,460 4. MUSEUM $2,040 $2,400 $4,200 $5,160 5. HEALTH DEPARTMENT $1,020 $1,200 $2,100 $2,580 6. AYERS SERVICE CENTER $144 $280 $1,200 $1,440 7. STEVENS WATER PLANT $1,800 $1,800 $3,000 $3,840 8. MULTICULTURAL CENTER $1,200 $840 $1,200 $3,840 9. CENTRAL LIBRARY $2,040 $2,400 $4,200 $5,160 10. POLICE DEPARTMENT $7,200 $14,400 $9,300 $11,520 11. PARKDALE BRANCH LIBRARY $2,040 $140 $600 $720 12. FROST BUILDING $2,100 $2,880 $3,300 $3,840 13. GREENWOOD WASTEWATER PLANT $1,020 $1,200 $2,220 $2,580 TOTAL $93,084 $117,540 $128,400 $146,940 NOTE: The contract allows for a two percent (2%) increase in pricing each year the service agreement is extended. Taking this price escalation into consideration over the five -year period, the bid from Schindler Elevator Corporation is lower than the next bid by $103,286.00. ELEVATOR/ESCALATOR MAINTENANCE SERVICE AGREEMENT Service Agreement No. SA13 -013 THIS Elevator/Escalator Maintenance Service Agreement (this "Agreement ") is entered into by and between Schindler Elevator Corporation (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Elevator/Escalator Maintenance in response to Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Elevator/Escalator Maintenance in accordance with Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes four (4) automatic one -year extensions. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of General Services. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31s), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12), or the Contractor's bid offer to Bid Invitation No. BI- 0249 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Jim Davis, Director of General Services P.O. Box 9277. Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Schindler Elevator Corp. Contact Dave Flint Address: 12961 Park Central, Ste. 1460 City, State, San Antonio TX 78216 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of I OQ , 20 t — Contractors= �`���C� Title: CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: December 17, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Authorization to submit grant application to Texas Department of Transportation for Speed and DWI overtime enforcement CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation ( TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. PURPOSE: Resolution of support for the application is required from the governing body. BACKGROUND AND FINDINGS: Funding is available from TXDOT for a DWI and Speed enforcement overtime grant in the Police Department for 2014. The grant will provide DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $21,641.33 fringe benefits and $26,400 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $48,041.33 $48,041.33 Encumbered / Expended Amount This item $96,397.90 1 $96,397.90 BALANCE $144,439.23 1 $144,439.23 Fund(s): Police Grants Fund, Police General Fund Comments: RECOMMENDATION: Staff recommends applying for the grant. LIST OF SUPPORTING DOCUMENTS: Grant application Resolution Authorizing the City Manager, or his designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 0 AGENDA MEMORANDUM xi Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 22, 2013 DATE: 10/16/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Vital Statistics Unit Grant FY 12 -13 CAPTION: A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. PURPOSE- This Vital Statistics Unit of the Health Distict and Department of State Health Services (DSHS) formalizes an agreement for the administration of duties and for the payment of record fees due to DSHS. BACKGROUND AND FINDINGS: The Vital Records office at the Corpus Christi - Nueces County Public Health District (CCNCPHD) issued about 17,000 birth certificates, 2,000 death certificates and 7,000 duplicate death certificates for FY 11 -12. This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database for a fee of $1.83 for each copy printed when needed. In FY 11 -12, Vital Records made over 5,000 copies from the State database. In addition to the fees paid to the State, the City of Corpus Christi allocates $1.00 to the CCNCPHD for record retention from the plastic cover sales. The current fee for a birth certificate is $23.00, death certificate is $21.00, duplicate death certificates are $4.00 and plastic cover fees are $2.00. These fees are set by the DSHS Program Vital Statistics Unit. ALTERNATIVES: Discontinue Vital Statistic Unit Division at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval require for acceptance of grant and appropriation of revenue funds EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Finance - Federal Grants and office of management and budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Death Certificates $4.00 6,834 $ 27,336.00 Plastic Sleeve $2.00 Encumbered / Expended Amount $ 11,574.00 Total Revenue $ 498,301.00 This item Total State Charges $1.83 5,219 BALANCE DEPARTMENT REVENUE Fund(s): 1020 General Fund The Vital Stats department receives revenue less the state fees. The state fees go directly to a liability account for payment to the state. Birth Certificates $23.00 17,396 $ 400,108.00 Death Certificates $21.00 2,823 $ 59,283.00 Death Certificates $4.00 6,834 $ 27,336.00 Plastic Sleeve $2.00 5,787 $ 11,574.00 Total Revenue $ 498,301.00 Total State Charges $1.83 5,219 $ 9,550.77 DEPARTMENT REVENUE $ 488,750.23 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract No. 2013 - 042647 -001 DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2013 - 042647 -001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF CORPUS CHRISTI -VITAL RECORDS OFFICE (Receiving Agency), a Government Entit L (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and /or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed. 3. Term of the Contract. This Contract begins on 09/01/2012 and ends on 08/31/2013. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority, Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract, The Contract consists of the following: a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7 :00 a.m. to 6:00 p.m. ylonday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. 9264'9-1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish applicable software programs, and provide technical assistance related to equipment and programs under control of the Performing Agency. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to, A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 831100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 8. Billing Instruction. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. (7(i:1S_I Name: Texas Department of State Health Services Vital Statistics Unit, MC2906 Address: P. O. Box 149347 Austin, Texas 78714 -9347 Vendor Identification Number: 35375375371000 9. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 10. Seenrity of Patient ot- Client Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency ernployce(s) use only their own individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 11. Suspension of Services Under- This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 12. Liability for Hann It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 13. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 92648 -1 clays will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access ender this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and /or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 14.- Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas, In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at fittp://www.dshs.st,ite.tx.Lis/records/schediiles.slitiii, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. D. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. E. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. F. Immunity Not Waived, THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY 92648 -1 OPERATION OF LAW. G. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non- action or default under this Contract shall not constitute a waiver of either party's fights under the Contract. H. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2264 of Texas Government Code and implemented in the rifles at 25 TAC § §1.431 -1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. 1. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. J. Voided Records. To ensure compliance with Texas Administrative Code 181.21 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 14 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. K. Credits. Performing Agency will handle credit requests on a case -by -case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and /or designee for approval. Perforiing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 15. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written of oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. 9264x- i DEPARTMENT OF STATE HEAL'T'H SERVICES By:mt Signature of Authorized Official to la -//a- Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1 100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Bob.Burnette @dshs.state.tx.us 92648 -1 CITY OF CORPUS CHRISTI -VITAL RECORDS OFFICE By: Signature Date Printed Naive and Title Address City, State, Zip Telephone Number E -mail Address for Official Correspondence U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 15, 2013 2852 Second Reading /Action Item for the City Council Meeting of January 22, 2013 DATE: December 20, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Chance and Tarah Durbin (Case No. 1212 -02) Change from "CG -1" General Commercial District to "RS -6" Single - Family 6 District Property Address: 1309 Glenoak Drive CAPTION: Case No. 1212 -02 Chance and Tarah Durbin: A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial to low density residential. The property is described as Lot 1C, Block 1, Dulak Subdivision, located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive. PURPOSE: The purpose of this item is to rezone the property to allow single - family residential uses. RECOMMENDATION: Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District to allow single - family residential uses. The subject property is bordered by single - family zoning and uses to the east. To the west is a commercial facility, which is zoned "CG -1" General Commercial District. This rezoning would expand the residential district located east of the property. Although inconsistent with the adopted Future Land Use Plan, expanding the single - family district would not adversely affect the surrounding properties. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the Comprehensive Plan or the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 1212 -02 HTE No. 12- 10000041 Planning Commission Hearing Date: December 19, 2012 — o Applicant /Owner: Chance and Tarah Durbin v a Legal Description /Location: Dulak Subdivision, Block 1, Lot 1C, located 0. _J U along the south side of Glenoak Drive and approximately 500 feet east of 0.06 o Flour Bluff Drive. From: "CG -1" General Commercial District .F To: "RS -6" Single - Family 6 District Area: 1.016 acres N Purpose of Request: To allow construction of a single - family house. Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Vacant Commercial •o North "RM -1" Multifamily 1 Low Density Residential Medium Density ? &Vacant Residential N South "CG -1" General Commercial Vacant Commercial � J N East "RS -6" Single - Family 6 Low Density Residential Low Density Residential X w West "CG -1" General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Flour Bluff Area 06 Q r_ Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "RS -6" Single - Family 6 District is not consistent with the adopted a o Future Land Use Plan. Q '> Map No.: 037030 Zoning Violations: None c Transportation and Circulation: The subject property has 154 feet of frontage N o along Glenoak Drive, which is a "Cl" Minor Residential Collector street. The property c has indirect access to Flour Bluff Drive, which is a proposed "Al" Minor Arterial Undivided street, via Glenoak Drive. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) 0 "Cl" Minor 60' ROW 70' ROW Not LGlenoak Drive Residential Collector 40' paved 22' paved Available co Flour Bluff "A1" Minor Arterial 95' ROW 90' ROW Not Drive Undivided 64' paved 22' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District to allow construction of a 2,000 - square foot single - family house. Zoning Report Case #1212 -02 Chance and Tarah Durbin Page 2 Existing Land Uses & Zoning: South of the subject property is vacant land in a "CG -1" General Commercial District. North of the subject property is vacant land and a single - family house in an "RM -1" Multifamily 1 District. East of the subject property is a single - family house in an "RS -6" Single - Family 6 District. West of the subject property is a commercial business in a "CG -1" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. A residential use, however, would be an acceptable expansion of the single - family uses and district located east of the property. The Comprehensive Plan and Flour Bluff Area Development Plan both encourage residential development. Department Comments: • This rezoning would expand the residential district located east of the subject property. • Although inconsistent with the adopted Future Land Use Plan, expanding the single - family district would not adversely affect the surrounding properties and it is compatible with the surrounding zoning districts. • The subject property is deed restricted for a single - family house. Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. Number of Notices Mailed — 9 within 200' notification area; 2 outside notification area C 0 As of December 20, 2012: 0 In Favor — 0 (inside notification area); 0 (outside notification area) 0� a o In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 1 M-1 ALEXANDER TRACT 4 FR 3 7 1 GLENQAK STATES 1� 7 3\ z 1 RE 0 400 CASE: 1212 -02 2. SITE - EXISTING ZONING, Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� in opposition SUBJECT PROPERTY THE GR,/_v RRE =I 4 Date Created: 12/5/2012 Prepared By: jeremym f.Develooment Services NV IIW: AKtA & VW1VtKJhI1V RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� in opposition SUBJECT PROPERTY THE GR,/_v RRE =I 4 Date Created: 12/5/2012 Prepared By: jeremym f.Develooment Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Chance and Tarah Durbin ( "Owners "), by changing the UDC Zoning Map in reference to Lot 1C, Block 1, Dulak Subdivision, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Chance and Tarah Durbin ( "Owners ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 19, 2012, during a meeting of the Planning Commission, and on Tuesday, January 15, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Chance and Tarah Durbin ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 1 C, Block 1, Dulak Subdivision (the "Property "), located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District (Zoning Map No. 037030), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 FR RE 1 M.. ALEXANDER TR.AGT 1A DU AK -1 is 4 3 GLENQAK ESTATES 1 2 0 400 CASE: 1212 -02 1. SUBJECT PROPERTY Subject Property i0:N:i1 :11r_I SUBJECT PROPERTY 4 THE GR,/_D RRE =I 4 Date Created: 12/5/2012 Prepared By: jeremym f.Develooment Services 0 AGENDA MEMORANDUM axi Public Hearing and First Reading for the City Council Meeting of January 8, 2013 1852 Second Reading /Action Item for the City Council Meeting of January 15, 2013 DATE: December 5, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P. E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Guy and Renee Richards (Normadon Properties, Ltd. — Owner) Case No. 1112 -03 Change from "RM -AT" Multifamily AT District to "CR -1" Resort Commercial District Property Address: 221, 217, 213 Kleberg Place CAPTION: Case No. 1112 -03 Guy and Renee Richards (Normadon Properties, Ltd. - Owner): A change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, not resulting in a change of future land use. The property to be rezoned is described as Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. PURPOSE: The purpose of this item is to rezone property for the development of future tourist uses. RECOMMENDATION: Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District to allow for future development of tourist uses on North Beach. The Resort Commercial zoning district provides for a wide variety of commercial activity such as tourist, water - oriented, retail commercial, and indoor or outdoor amusement uses, which reflect the character of a resort area. The development of tourist uses on this property would complement the tourist destinations of the beach, the Texas State Aquarium, and the USS Lexington. This rezoning would be an expansion of the "CR -1" Resort Commercial District to the west and is compatible with existing zoning districts in the area. Rezoning to the "CR -1" District will help implement the Corpus Christi Beach Development Plan, which calls for tourist uses rather than residential uses in this area of North Beach. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan and the Future Land Use Plan, which slates the property for a tourist use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 1112 -03 HTE No. 12- 10000038 Planning Commission Hearing Date: November 7, 2012 c Applicant /Representative: Guy and Renee Richards _ Owner: Normadon Properties, Ltd. Q_J Legal Description /Location: Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Q o Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. From: "RM -AT" Multifamily AT District . To: "CR -1" Resort Commercial District N F Area: 0.61 acres Purpose of Request: To allow for future development of tourist uses. Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multifamily AT Vacant Tourist Vacant & North "RM -AT" Multifamily AT Medium Density Tourist � 0 � Residential South "RM -AT" Multifamily AT Vacant Tourist _ _J East "RM -AT" Multifamily AT Park & Public Semi- Tourist X Public w West "CR -1" Resort Commercial Commercial Tourist Area Development Plan: The subject property is located in the Corpus Christi Q r_ Beach Area Development Plan (ADP) and is planned for a tourist use. The proposed change of zoning to the "CR -1" Commercial Resort District is consistent with the a o adopted Future Land Use Plan. Q '> Map No.: 044047 Zoning Violations: None cTransportation and Circulation: The subject property has 300 feet of frontage N c the south side of Kleberg Place, which is a Local Street. The subject property along r_ M is located 140 feet east of Surfside Boulevard, which is a "Cl" Minor Residential t2 Collector. The property also has 100 feet of beach frontage. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume L 0 Type (2011) y Kleberg Place Local Street 40' ROW, 40' ROW, Not Available 28' paved 25' paved Zoning Report Case #1112 -03 Guy and Renee Richards Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District to allow the development of future tourist uses. The Resort Commercial zoning district provides for a wide variety of commercial activity such as tourist, water - oriented, retail commercial, and indoor or outdoor amusement uses, which reflect the character of a resort area. Emphasis is placed on establishing scenic and /or pedestrian corridors, walking and bike paths, amenities, and public open spaces. Existing Land Uses & Zoning: North of the subject property and across Kleberg Place is vacant land and the Sea Shell Inn, which are zoned "RM -AT" Multifamily AT. East of the subject property is the beach with a beach walk and park area with public parking accessed from Golf Place. South of the subject property is vacant land that is zoned "RM -AT" Multifamily AT District. West of the subject property is a 0.3 -acre developed lot that fronts Surfside Boulevard. The property is zoned "CR -1" Commercial Resort and has an ice cream shop called "Yummies." AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with elements of the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a tourist use. The rezoning is consistent with the following elements of the Comprehensive Plan: 1.) Encourage medium and high- density developments that are tourist - oriented. This includes hotel /motel operations, restaurants, specialty shops, high -rise residential buildings, and other activities that will promote economic growth. (Comprehensive Plan, Policy Statement A). 2.) The city should rezone the Corpus Christi Beach area consistent with the plan, remove barriers to development, and create a tourist - oriented theme. (Corpus Christi Beach ADP, Policy Statement 5). 3.) A development goal of the Corpus Christi Beach Development Plan is for the city to recognize and commit to target the area for redevelopment. Plat Status: The subject property currently contains 6 platted lots. A replat may be required to combine the lots into one lot. Department Comments: The development of tourist uses on this property will promote and compliment the tourist destinations of the beach, the Texas State Aquarium, and the USS Lexington. This rezoning would be an expansion of the "CR -1" Resort Commercial District to the west and is compatible with existing zoning districts in the area. Rezoning to the "CR -1" District will help implement the Corpus Christi Beach Area Development Plan, which calls for tourist uses rather than residential uses in this area of North Beach. Zoning Report Case # 1112 -03 Guy and Renee Richards Page 3 Planning Commission and Staff Recommendation (November 7, 20121: Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Number of Notices Mailed — 22 within 200' notification area; 1 outside notification area C 0 As of December 5, 2012: 0 In Favor — 0 (inside notification area); 0 (outside notification area) 0� a o In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1112 -03 Guy and Renee Richards \1112 -03 Report for CC, Guy and Renee Richards.docx WALNUT ST Q' A 'rI S�, O 11 �, 9 t 7 s s � JQ. C�R - 1 k o .. w A JQ Q E C 8s 7 86- 87 1o1 2 100 1 \ 99 9A C OTEL h�© � A S "s/ 61 69 1370 6 71 21 722 4 81 73 5 so 74' 79 3 78 11 76 CASE: 1112 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 7A RM -AT SUBJECT PROPERTY Date Created: 10/22/2012 I Prepared By: jeremym of Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Normadon Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Normadon Properties, Ltd. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission, and on Tuesday, January 8, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Normadon Properties, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel (collectively, the "Properties "), located east of Surfside Boulevard and south of Kleberg Place, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District (Zoning Map No. 044047), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Properties, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1112 -03 Guy and Renee Richards \Coucil Packet \Normadon Properties RMAT to CR1 vFinal.docx Page 2 of 2 WALNUT ST 7a CASE: 1112 -03 1. SUBJECT PROPERTY Subject Property EXHIBIT A RM -AT SUBJECT PROPERTY Date Created: 10/22/2012 I Prepared By: jeremym of Development Services DATE TO AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of January 8, 2012 Second Reading /Action for the City Council Meeting of January 15, 2012 November 26, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, P. E., MarkVV@cctexas.com (361) 826.3246 CAPTION: Interim Director of Development Services Amendment to Code of Ordinances, Chapter 14, Article II, City of Corpus Christi Technical Construction Codes: Division 1, Scope and Administration of Technical Construction Codes, Section 14 -206, Technical construction boards Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206 "Technical construction boards" by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance, penalties, publication, and an effective date. PURPOSE: Modify the authority of each board and revise the frequency of the board meetings. BACKGROUND AND FINDINGS: Currently our technical boards do not have the authority to consider variances or recommend changes to City Council in relation to the Existing Building Code, Residential Construction Code and the Energy Conservation Code. The Building Board Code of Appeals is the board that should have the authority over the Existing Building Code, Residential Construction Code and the Energy Conservation Code. Furthermore, the boards would like to change the frequency of their meetings to a quarterly basis. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 14 of the Code of Ordinances. EMERGENCY /NON- EMERGENCY: Non - Emergency, Two Readings DEPARTMENTALCLEARANCES: This item was reviewed and discussed with the Building Code Board of Appeals and the Plumbing & Mechanical Board at their November 2012 meetings respectively. In addition, the item was reviewed and discussed with the Electrical Advisory Board at their October 2012 meeting. FINANCIAL IMPACT: The proposed changes will have a negligible impact on the department's operating budget. ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Budget Proposed Budget TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends approval and adoption of the amending ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206, "Technical construction boards," by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 14, "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Admini- stration of Technical Construction Codes," Section 14 -206, "Technical construction boards," is amended by adding language to modify the authority of each board and revising the frequency of meetings, to read as follows: "Sec. 14 -206. - Technical construction boards. "(a) Building code board of appeals. (<(1) "(3) Powers. The building code board of appeals shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and; consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, apd-Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the building code board of appeals shall have the power, after having obtained public comment, to recommend to the city council ref changes to the City Building Code, Existing Building Code, Residential Construction Code, aPA-Flood Hazard Prevention Code, and Energy Conservation Code. "(4) Procedures of the board. "a. Frequency of -- - - �.Mhen there ore nn troncontinnc nr hi icinecc ft—:)r the hnorr! to oCArecc in which voce the meeting may he nonneled The board shall hold a regular meeting at least once each calendar quarter on the third Thursday of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. Ul "(b) Electrical advisory board. "(1) "(3) Powers. The electrical advisory board shall review grievances filed against any licensed electrical contractor and other grievances filed within the scope of the City Electrical Code, —and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective, and . Furthermore, the electrical advisory board shall have the power, after having obtained public comment, to recommend nhvaRgeG -to the Elentrinol Cede to the city council changes to the City Electrical Code "(4) Procedures of the board. "a. "c. Frequency of meetings troncontinnc nr hi icinecc fnr the hnorr! to address in Whinh eal n -Aoe the meeting Rgay he GaRGeled The board shall hold a regular meeting at least once each calendar quarter on the fourth Thursdav of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. "d Ordinance, proposed amendment to Section 14 -206 Page 2 of 4 "(5) * * * "(c) Mechanical / plumbing advisory board. (90 * * * "(3) Powers. "a. Advice and recommendations. The mechanical /plumbing advisory board shall advise the city manager regarding any matter in the mechanical, plumbing, and irrigation fields that it considers should be brought to the attention of the city council. Furthermore, the mechanical /plumbing advisory board shall have the power, after having obtained public comment, to recommend nh°aRgeS-to the ^ity f, ,°' ga monh -Aninal and P1 imhinn GGGIeG +n the city council changes to the City Fuel Gas, Mechanical, and Plumbing Codes. "b * * * "(4) Procedures of the board. a. * * * "c. Frequency of meetings fnr +ho hnorr! fn orl ess the Meeting may be nonnolor! The board shall hold a regular meeting at least once each calendar auarter on the second Thursdav of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. "d * * * Ordinance, proposed amendment to Section 14 -206 Page 3 of 4 SECTION 2. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. This ordinance and its requirements take effect on and after January 15, 2013. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following votes: Nelda Martinez David Loeb Colleen McIntyre Chad Magill Kelley Allen Mark Scott Rudy Garza, Jr. Lillian Riojas Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following votes: Nelda Martinez David Loeb Colleen McIntyre Chad Magill Kelley Allen Mark Scott Rudy Garza, Jr. Lillian Riojas Priscilla Leal PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor Ordinance, proposed amendment to Section 14 -206 Page 4 of 4 p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 8, 2013 1852 Second Reading /Action Item for the City Council Meeting of January 15, 2013 DATE: December 21, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV@cctexas.com (361) 826 -3246 Public Hearing — Unified Development Code Text Amendments Amending Sections Relating to Public Open Space CAPTION: Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to help implement the goals of the new Corpus Christi Strategic Parks and Recreation Master Plan. BACKGROUND AND FINDINGS: The UDC currently conflicts with the goals of the newly adopted Corpus Christi Strategic Parks and Recreation Master Plan (Park Master Plan), which was adopted on October 9, 2012. A goal of the new Park Master Plan is to reduce the number of small underutilized and "duplicate" parks while focusing recreation opportunities and facilities in larger community and regional parks. In order to help implement this goal, the UDC must be amended to allow developers' fees that are paid into the City's Community Enrichment Fund to be used for the acquisition or improvement of neighborhood, community and /or regional parks within five miles of the developer's subdivision rather than within one and one -half miles of the subdivision. The other proposed text amendment will allow the Parks and Recreation Department rather than the Parks and Recreation Advisory Committee (PRAC) to make recommendations on when to collect developers' fees in lieu of allowing the developer to dedicate land within his /her subdivision as City park. PRAC does not currently make these recommendations and does not meet frequently enough to give input to meet developers' platting timelines. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and will help implement the recently adopted Corpus Christi Strategic Parks and Recreation Master Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Planning Commission and staff recommend approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 5, 2012, during a meeting of the Planning Commission, and on Tuesday, January 8, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 8, Section 8.3, subsection 8.3.6 of the Unified Development Code ( "UDC "), entitled "Fee in Lieu of Land," is amended by revising the text to read as follows.. "Article 8. Subdivision Design and Improvements "8.3. Public Open Space "8.3.6. Fee in Lieu of Land "A. The City may require a fee in lieu of land dedication Refnr�vrc— rmaLiamRg- this denic, the Gitsholl AG Ght-a in � the Parks -Aner--reatinn Adyisery Gernmiiioo Such payment in lieu of land shall be made at or prior to the time of filing the final plat or prior to the issuance of a building permit where a plat is not required. 1:1l "C. If the City accepts the fee in lieu of land, the fees shall be placed in the City's Community Enrichment Fund and shall be used for the acquisition or improvement of UDC Proposed Text Amdmt Park Land Dedication vFinal Page 1 of 3 neighborhood, community, and /or regional parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than en° -;;Ad- ArAe half five miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility, including freeways, navigable streams and bodies of water. "D * * * 11 SECTION 2. Article 8, Section 8.3, subsection 8.3.8 of the UDC, entitled "Park Development Improvements," is amended by revising the text to read as follows: "Article 8. Subdivision Design and Improvements * "8.3. Public Open Space * "8.3.8. Park Development Improvements "A developer may propose to construct the public park improvements in lieu of the park development fees described in Subsection 8.3.6 or 8.3.7. Before the City can approve the developer's proposal, a recommendation is required from the Parks and Recreation AdyiseFy G„mmi++oo Department. All improvements either shall be financially guaranteed or accepted by the City prior to the filing of a final plat in the case of platted developments or prior to issuance of certificates of occupancy in the event that plat approval is not required. The process of financial guarantee shall be the same as that found in Subsection 8.1.10 and shall be used whether a plat approval is required or not. Once improvements are accepted by the City, the developer shall deed the property and improvements to the City." SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. UDC Proposed Text Amdmt Park Land Dedication vFinal Page 2 of 3 SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor UDC Proposed Text Amdmt Park Land Dedication vFinal Page 3 of 3 Ga O� H AGENDA MEMORANDUM First Reading for the City Council Meeting of January 8, 2013 "oP ©pE° Second Reading for the City Council Meeting of January 15, 2013 1852 DATE: December 19, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826 -1972 Award of Contract for Professional Services: Cefe Valenzuela Landfill Disposal Cells Interim Cover CAPTION: Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff /Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a Contract for Professional Services with C P & Y, Inc., of Dallas, Texas in the amount of $475,465.00 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to begin designing and installing required final cover. BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill operation permit and TCEQ regulations requires the design and installation of the interim final cover for Disposal Cells 3D, 4A and 4B be completed in a timely manner. Plans for the interim final cover must be reviewed and approved by the TCEQ prior to starting construction. The project will include the analysis of alternate interim cover systems that could reduce the operational and maintenance cost of a conventional interim cover system. The evaluation of the cost effectiveness of including solar electrical panels as part of the alternate interim will be part of the services being requested. The decision of the cover system to be installed is to be based on cost benefit analysis of the life of the system, but not to exceed 20 years. C P & Y, Inc. of Dallas, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the contract to C P & Y, Inc. as proposed. 2. Do not award the contract to C P & Y, Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $530,145.00 $1,762,699.00 $2,292,844.00 Encumbered / Expended Amount This item 475,465.00 475,465.00 Future Expenditures 54,680.00 1,762,699.00 1817,379.00 BALANCE 0.00 0.00 0.00 Fund(s): #07 Public Health & Safety CIP Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to C P & Y, Inc. of Dallas, Texas in the amount of $475,465.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Location Map Ordinance CEFE VALENZUELA LANDFILL DISPOSAL CELLS INTERIM COVER Project No. E11061 January 15, 2013 FUNDS AVAILABLE: Sanitary Landfill 2008 CIP ( CO) ..................................................... ............................... $ 280,000.00 Ordinance transferring in budgeted funds ........................................ ............................... 250,145.00 Future CIP budget request ........................................................... ............................... 1,762,699.00 TOTAL ..................................................................................... ............................... $2,292,844.00 FUNDS REQUIRED: Construction Estimate Base Bid .................................................... ............................... $1,500,000.00 Contingencies ( 10%) ................................................................... ............................... 150,000.00 Consultant Fees: Consultant Design (Chiang Patel & Yerby) ...................................... ............................... 475,465.00 Construction Materials Testing ( estimate) ........................................ ............................... 30,000.00 Geotechnical Engineering Testing ( estimate) .................................... ............................... 30,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) .............. ............................... 33,750.00 Engineering Services (Project Mgt/Construction Inspection/Traffic Mgt) . ............................... 52,500.00 Finance.................................................................................... ............................... 18,750.00 Misc. (Printing, Advertising, etc.) .................................................... ............................... 2,379.00 TOTAL ..................................................................................... ............................... $2,292,844.00 ESTIMATED PROJECT BALANCE ............................................... ............................... $0.00 \Mproject \counci#exhibits \exhE 1 1061. dwg NUECES BAY Up R��R s° ROAD o �FOp R ■ V � a �H37 O J � O U Z Z W Q N � Z W Y U HWY 44 AGNES o NO 0 w O U N 0 z 665 a = CORPUS W N z F C-) CHRISTI o o o INTERNATIONAL W z Y AIRPORT ° BEAR z a CORPUSI CHRISTI moo, N N F M. 665 mi F.M. 43 NUECES COUNTY F.M. 665 F.M. 20 • J.C. ELLIOTT LANDFILL F. M. 43 00 N 2 0 U FM 2444 F.M. 18 mm F.M. 16 CEFE F. VALENZUELA MUNICIPAL LANDFILL Sh�l c \ C6°noel I a SITE LOCATION MAP NOT TO SCALE PROJECT # E11061 O� �o CABANISS FIELD FM 2444 �/ffa RO40 e4ko CITY COUNCIL EXHIBIT CEFE VALENZJELA LANDFILL CITY OF CORPUS CHRISTI, TEXAS DISPOSAL CELLS INTERIM COVER DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 = - CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and C P & Y. Inc., a Texas corporation, 1820 Regal Row, Suite 200, Dallas, Dallas County, Texas 75235, (Architect/Engineer —A/E), hereby agree as follows: 1. SCOPE OF PROJECT (Cefe Valenzuela Landfill Disposal Cells Interim Cover— Project No. E11061) A Texas Commission on Environmental Quality (TCEQ) permit requires the design and installation of the interim final cover for disposal cells 3D, 4A and 4B must be completed in a timely manner to protect public safety and avoid penalties. The TCEQ must review and approve the construction plans prior to construction starting. Installation of the interim final cover will protect the environment by keeping the accumulated waste in place. Using an alternate interim cover system could potentially reduce operational expenses if approval is given to a design which includes solar panels to produce energy. TCEQ Permit requires design and Construction of the leachate recirculation management plan. The work is necessary to maintain the control of leachate infected ground water and insure regulatory compliance for the proper handling of leachate generated from disposal cells. Proposed work will optimize controls, capacity, size, piping and leachate pumps with intended recirculation of leachate into the proper disposal cells. Prior expenditures include preliminary work to obtain necessary permit modifications and TCEQ approval to add groundwater in cells with the recirculated leachate. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A/E) Services Page 1 of 3 The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $475,465.00, (Four Hundred Seventy Five Thousand Four Hundred Sixty Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Consultant agrees that local architectural and engineering liaisons will be used to the extent practical. 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Contract for Engineering (A/E) Services Page 2 of 3 A/E further agrees, in compliance with City of Corpus Christi Ordinance No, 17112, to complete, pa;rt of this co of Interests form. I Oscar R. Martinez, Date Assistant City Manager Daniel Biles, P. E., Date Director • Engineering Services Operating Department Date Office • Management Date and Budget am Vora= Project Number: E! 1061 Fundinq Source: 550950-3365-00000-El 1061 Fund Name: SanitaU Landfill 2008 CIP Encumbrance Number: Contract for Engineering (AIE) Services Page 3 of 3 Partners for o Better Quality of Life 4�4 Mr. Dante Biles, P.E. Directo a f Engineering Services P.O. ox 9277 Co a s Christi, Texas 78469-9277 V� t' Re- Proposal for Professional Engineering Services-Project E11061-CIP No. PHS 110 Cefe Valonzuela Landfill Disposal Cells Interim Cover, Permit Modification Application for Enhanced Leachate Recirculation (ELR), and ELR Performance Sampling and Monitoring NO 71 ■� Mu a r s r affu_ff W Program commences. A complete desc s n of their work efforts is presented as Task C in the attached Scope of Services, s' Task A.2 Prepare cost estimates for the installation of each of the selected cover systems for bol 182,0 Regal Row. Suite 200 Dallas, Texas 75235 214.63H500 - 2M638_3723 fox 9/24012 Mr. Dan Biles, PE Task A.$ Evaluate each cover system related to erosion, deterioration, maintenance and potential energy revenue. Prepare an annual cost estimate to maintain each of the selected cover systems. Lask A-4 lected cover s stems for a 20 year period. Based upon this analysis comparisorll recommend an interim andlor final cover system to the City. _Task A, 5 Task A.6 Prepare a Draft copy of the Permit Modification Application, and submit to the City for Technical and Legal Review. Incorporate Review comments and prepare a final document (including a red-lineistrikeout version), and submit it to TCEQ. (Note: This task does not lask AY Respond to two (2) Notice of Deficiency (NOD) letter(s) from TCEQ by providinr, clarifications or additional required information- Dsk A. After the TCEQ declares the Application Technically Complete, assist the City with notification of surrounding property owners. PlIrInUS for a Better Oualily of Life • . I VINIT1111111-11 * Develop a Recirculation Management Plan to address: * Piping. * Storage. * Liner Head Monitoring. M-11074�� • Design and Spacing of Laterals, Permeable Beds, Vertical Wells and Surfac; Applications. • Dosing of Laterals, Beds and other applicatJons of leachate. • Monitoring and Reporting Plan for leachate, solid waste and landfill gas. Partners fat a Better Qualily af Life CRY) IT "N Pa2e, 3 of 13 1 RMN111 11001imbErm: - * �- rfiig Task B.2 Prepare a Draft copy of the Permit Modification Application, and submit to the City for Technical and Legal Review. Incorporate Review comments and prepare a final document (including a red-line/strikeout version), and submit it to TCEQ. Task B,3 Respond to two (2) Notice of Deficiency (NOD) letter(s) from TCEQ by providing clarifications; or additional required Information. Attend one (1) meeting at the TCEQ offices in Austin. Task B. After the TCEQ declares the Application Technically Complete. assist the City with notification of surrounding property owners. Task 8.5 (Optional) After final approval of the Permit Modification by the TCEQ�, prepare a separate proposal to assist the City with implementation of the ELR system under a separate authorization. C. ELR Perforrnance Sampling and Monitoring (To be perfon-ned by the University of Texas at Arlington (UTA)) a 4 W] I GIUMS] 11-0 lw�t IWIMIM tJtuf Partners for a Boiler Quality of Life EXHIBIT "A" LtPage 14�of 13 'I'Mir,rorlifffli[wWoll III ME= MEM���� EXHIBIT Page 5 of 13j: 9/2412012 Page 6 of 13 Mr. Dan Bites, P.E. 21 B11 1 M.31 i Solid Waste (M wMai-Im&dat for the ELR operation. This Will also help us determine the characteristics of moisture flow through waste due to ELR operation. For clarity, Task C. 2 has been divided into two tasks: Task C.2a —; Sample Collection and Task C.2b- Laboratory Testing. Specific tasks associated within this task are provided here: a Based on the R! results from Task CA, UTA will visit the landfill site and select a few locations (3-4) a representative ,:r -d MSW samples from landfi ll Sectul 3D (Phase 1) and Sector 4A (Phase 11). Representative samples will be collected from at approximately 10-ft intervals vertically from the top of the landfill waste column to the bottom of the landfill, up to 40 to 50 ft below landfill surface, a The sample will be collected using 3 ft diameter bucket auger sampling as presented in Figure 3. The drilling contractor will hired by UTA to conduct the drilling during the sample collection. UTA will coordinate and work with the ddller and City staff members during the sample collection. The number of samples will be determined based on the discusslons with City staff members. "adners for a Better Quality of Life C R 0 X11 SWIM 912412012 Mr. than Silas, P. E. H 111 .. I 0 Partners foi a Bailer Quality of tile CRY) LEXHIBIT "A" ..-,Page 7 of 13 MEW MOMMMIMMOMEMI 1 Conduct extensive site investigations, including, the geophysical study of existing subsurface conditions using Resistivity Imaging (RI). These investigations will; be conducted to characterize the subsurface moisture profile within and immediately surrounding the leachate recirculation pipe line or areas of interest. Conduct 2D resistivity imaging for the assessment • leachate recirculation system performance. The number of 2"D lines profiled will be determined during the investigation, The freq�uency of the resistivity imaging will be decided in consultation Partners for a Better Quality of tife CRY) EXHIBIT "A" Page 8 ■ 13 N!. Z 4 ♦ 0 o Efficiency of the leachate recirculation systems. Provide final report on the geophysical investigations conducted and interpretation results. Attend technical meetings with consultants, or any other parties, as required or requested by the City personnel. TheMocouies at-S-e-lect-ed -Recirculation Locations The major objective of Task 2 is to monitor the variation of moisture, temperature and pressure Within landfilled solid waste due to; water addition or leachate recirculation at selected locations. Specific tasks associated within this task are provided heret 1. Prepare the Instrumentation and monitoring plan for the moisture, pressure: and temperature variations within the landfill solid waste at selected locations.; Once the instrumentation plan is finalized, UTA will work with the City personnel to install them at the site. 2. Monitor the data loggers on monthly basis, initially. However, based on the collect data, the monitoring plan will be adjusted. 3. Provide quarterly report on the collected field data. .4. Submit final report summarizing the findings, The report will compile all the informati disseminating from each task of the proposed work. 5. Attend technical meetings with consultants, or any other parties, as required requested by the City personnel. • Partners for a fiellat Quality of Life CRV) LEXHIBIT "A" Page • of 13 11 =1 I I � Task C.5 — Monitoring and Characterizing Landfill Leachate UTA vAll visit the landfill site and collect representative leachate samples from t landfill, UTA will coordinate and work with the City staff members during the samp] Conduct laboratory study to determine the characteristics of leachate. The experimental program is presented in Table 2. Table 2 — Expertmenta Provide quarterly report on the laboratory investigations of leachate characteristics, Submit final report summarizing the findings. The report will compile all the information disseminating from each task of the proposed work. UTA will attend technical meetings with consultants, or any other parties, as required or Table 3 — Experimental Program Fatiners for a Belier Qualfly of Life CRY) IEXHIBIT "All Page 10 of 13 U 31 112412012 Mr. Dan Biles, P.E. SUMMaly,of-Technical Meetions UTA will attend technical meetings with consultants, or any other parties, as required requested by the City personnel. I Partners foi a Better Quality of Life C irI 4+ EXHIBIT "A" ,=ej I of 13 FEE ESTIMATE i he following Fee estimate is based on the man hour eslimate included as Attachment A, We are requesting the City of Corpus Christi authorize CP&Y to complete the above scope of services on a lump sum basis with the total fee not to exceed $475,465,00, without further written approval. The individual fee by task is summarized as follows: Task B~ Permit Modification Application for ELR— .................................. $79.580 TaskC.1. .... ... .................... . ... ................. .................. '..... ^'~^~~^..^^''$48/855 TaskC.2. ..... .~................. .... --- ......... ............ --'^^^~ ................. -....... TaskC.3 ...... ...... ........ .......... _ ..................................................... ... 8119/475 TaskCA ................. ......... '.................... ............. .................................... $71,310 We appreciate the opportunity to work with the City of Corpus Christi on this important project and will continue to do all that we can to make sure it Is successful to allow the Cefe R Valenzuela Landfill to continue to meet the disposal needs of the City. If you have any questions, please call 214-58M9O3 or email meat fpu9sleYQcpyi.cci CP&Y, Inc. Approval, Mr. William R. Hindman, P.E. Date Senior Vice President � MM ILTJMIFTJI,Ofl�� Patiners for a Beller Quailly of Life EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT Page 1 of 3 C Zom meets and Settings%WmaP.CCP0Moca1 Sotungs%Temwary Internet Res%Contanl Outlook%UZI0HPCNARGE AE EXHIBIT 8 docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 CA Documents and Settm9sNetmaP.CCPD11Local Settings%Temporary Intemot Fdos %Contem.Cuttook%UZIOHPC21LARGE AE EXHIBIT B.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 CADOdiments and SettingslVeMaP- CCPDI%Loeal Sattings%Temporary Intemet RaslContent ODUook%UZOHPC2ILARGE AE EXHIBIT B.doox W Q Zooms ~ o M Wav- N 4) OC Z Z a� F-m0> J C aa- 2 U d V � O O CL v d 4 v O O C N O 3 O •v O i C a- O• E >> a S O C V N O Z M E Q 0 Z V E a w C \° 0 Il- � 0 Il- ! C \ 0 O I C \ 0 to C T C \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \° 0 0 \o 0 to \o 0 O \o 0 co 00 O co U O O 00 0f3 0 0 0 0 0 0 0f3 000 •� O A to O d U. U- N U_ O m a UO O LO to c C B U CD O O 0 `5 Q� Q �+ CO to LL O to m CU Q O E 3 o a o 4 �_ �a.�°�U 0 (D m del � � H O O O O O C 0 0 0 0 0❑ p 0p O O O O to to In In O0 0 0 0 00 0 0 0 0❑ p O0 0 0 0 m 0 0 °o_ � � I- 000cooT- oCD CD IV W tnm �T- m o Est - CD (DmmCD 0 m m r oo r r o o N m %- cn IV le T-- N r w oho N M K M 4a 61! 6i> fA ti/ og 0 0 0 0 0f3 00 0 0 0 0❑ Q Oct CD O 06D H E- 00 0 0 0 0 00 0� O O O O Q❑ 0 O0 00 Hm F- 1- ao 0 (O 0 0 0 O v❑ Q to .- to CO m o 6F), .- M a) rn 0 0 a) O o O N m in cM cM v F- � O o No to N M to M 000 64 6% 69 m m �s Exhibit "C" Page 1 of 1 vOi N N N V •� aO N N N a O U N �, u N m L a. O :.=• m m co U .s C m O CL O N �O ca CL N U U O lL •� N Exhibit "C" Page 1 of 1 N N U_ N d d N U U O lL •� N A to O d U. U- N U_ O m a UO 'r_ C O c C B U CD O O 0 `5 Q� Q �+ CO C O LL O '°a m CU Q O E 3 o a o 4 �_ �a.�°�U 0 (D m camQ� Exhibit "C" Page 1 of 1 strPPr.IER M,)i4t3E.rt TO BE ��SIGNM BY—Ml- PURCHASING DIVISION City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking, to do business with the City to prov €de the following information. Every uestion must be answcrcd. If the question is not applicable, ansNver with "�° A "'. See reverse i e for Filing I etluirernents, Certifications and definitions. COMPANY NAME: C P & Y, Inc. VDIffam STREET ADDRESS: 1820 Rcgal ftow, Suite: 200 CITY: Dallas ZIP: 75?35 1'IftM IS: 1. Corporation X 1 Partnerslrilt 3. Sole Owner 4. Association El 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this parse or' attach separate shect. I. State the names of each "ernployee" of the City of Corpus Christi having all "ownership interest" constituting 3% or store of the owrnershili in the above named `'first. ?carne Department (if known) .lob T i t I c and City 2. State the names of each "official" of the City of Corpus Christi having n "`ownership interest'" constituting 31% or more of the ownership in the above named "firm. "' Taste Title . State the names of each ``board member " of the City of Corpus Christi leaving= an ­ownership interest'" constituting 3% or more of the ownership in the above named "three. "' Warne Board, Commission or Committee 4, State the names of each employee or officer of` a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "oev ership interest" coastitutin�o, 3% or rttore of the ownership in the above named '"firm.'" aerie Consultant FILING REQUIREMENTS If a person who requests official action oil a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from tile of that the action will have oil members , of tile public in general or a substantial seginent thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in tile ii�latter, unless tile interest of the City ofiricial or employee in the matter is apparent. The disclosure shall also be m w made in a signed riting filed with the City Secretary. [ apparent. Ordinance Section 2-349 (d)] CERTIFICATION I certifv that all information provided is trite and correct as of the date of this statement, that I have not 'knowingly withheld disclosure of' any information requested; and that supplemental statements will bcproniptly Submitted to the City of Corpus Christi, exas as changes occur. Certifying Person: W, wl_ t vldmalel Title: Se4lp-"o Via 46r"A�11 (Type or Prini) Signature of Certit'ying i Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by tile City Council of the City of Corpus Christi, Texas. b. "Economic benefit". Ali action that is like] to affect an economic interest if it is likely to y I have ,in effect on that interest that is distinguishable frorn its effect oil members of the public in general or a Substantial segment thereof. c. "Employee." Any person employed by the City of Cot-pus Christi, Texas either oil a full or part-time basis, but not as all independent contractor. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-ern p toyed person, partnership, corporation. joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit or-an izat ions. e. "Official." The Mayor, members of" tile City Council, City Manage]-, Deputy City -Manager, Assistant City Managers, Department and Division Heads, and Municipal Court JUdoes of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is ]geld through an agent, trust, estate, or holding entity. held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreernents." "Consul ant." Any person or firni, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and I-CCOturnendation, Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a contract for professional services with CP &Y of Dallas, Texas in the amount of $475,465 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover project BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Budgeted funds in the amount of $250,145 are transferred from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project SECTION 2. The City Manager or designee is authorized to execute a contract for professional services for Cefe Valenzuela Landfill Disposal Cells Interim Cover project in the amount of $475,465 with CP& Y of Dallas, Texas. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor pia O! L# 05 a 4 0 i i LM O N 00 c� c� cri Ui Z3 !_ C Q u u: pia O! L# 05 a 4 0 i i LM O N 00 c� c� N co tT Q � U W co 00 o 0 O O O 0 oo "T m o , 0 0 O O N N M Lo 0 0 N N I` N N 6} 0 O O 0 O O O O LO 6c3 0 0 0 0 0 0 0 0 CU 00 00 00 O U 0 0 N `F- � U) Z3 � -0 O 70 m m E O O O LO � O O W (6 E W Q m U W a D 0 LL (6 Cn �i WINI O N N 6} Kii CU Lii a J O U 0 0 N `F- 0 a� 0 70 O U) Z3 � -0 LB Cy 70 m m E O o o O LL 06 cu �_ O O O W (6 E W Q m U W a D 0 LL (6 Cn " O a N L- Q H Q H W 0 z LL 0 0 U U 0 U �. 0 U �. 0 U O 0 U U (D o CU (D O -0 CU 0 J O H W cn W Kii Ga 01 H AGENDA MEMORANDUM NoP ©p,EO First Reading for the City Council Meeting of January 8, 2013 1852 Second Reading for the City Council Meeting of January 15, 2013 DATE: December 28, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826 -3464 Eddie Ortega, Director of Neighborhood Services eddieo @cctexas.com, (361) 826 -3044 Approval of Construction Contract for Ethel Eyerly Senior Center Expansion CAPTION: Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. PURPOSE: To award the construction contract for the Ethel Eyerly Senior Center Expansion project. BACKGROUND AND FINDINGS: This project consists of the remodeling of the existing center including: • Demolition of several windows, doors, frames, partitions, and CMU walls; • Removal of existing sidewalk and drain, concrete curb ramp, and landscape as needed for entry modification; • Remodeling of existing restrooms in the center to add two stalls. This will allow the restrooms to be upgraded to full ADA accessibility standards and accommodate heavy customer usage; • New entrance and canopy including new concrete entry and walkway and ADA accessible curb ramp; • Addition of office space and remodeling of two offices; • HVAC work associated with the restroom and office remodeling including removal and replacement of ductwork; • Site work necessary to accommodate the restroom addition; and • Improvement to existing corridor fire rating including: smoke seals on all existing corridor doors; new doors and windows with required fire rating. The addition shall include the following sitework: site clearing and stripping; concrete sidewalks, termite control; cast -in -place concrete; concrete slab on grade; There was one additive alternate. Additive Bid Alternate included: • Replacing the HVAC system for the entire existing building; • Additional room remodeling including removal of kitchen cabinets and refinishing. On October 10, 2012, the City received proposals from four (4) bidders and their bids are as follows: Contractor Base Bid Add Alt #1 Total Base Bid Plus Add Alt #1 Henock Construction, LLC. San Antonio, TX $255,636.00 $136,656.00 $392,292.00 LNV, Inc. Corpus Christi, TX $273,000.00 $144,200.00 $417,200.00 Safenet Services, LLC. Corpus Christi, TX $292,125.00 $140,580.00 $432,705.00 Barcom Construction, Inc. Corpus Christi, TX $320,420.00 $154,000.00 $474,420.00 ALTERNATIVES: 1. Award Project to Henock Construction, LLC. for the base bid as recommended (without Additive Alternate 1). 2. Do not award contract (Not Recommended) OTHER CONSIDERATIONS: There are only enough CDBG funds to complete the Base Bid. The City will seek additional CDBG funding for Additive Alternate 1 and subsequent phases of the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY2012 -2013 Capital Budget; Consistent with the Comprehensive Plan: Policy Statements (pp 48 -50); Recreation and Open Space Master Plan (2012) EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Neighborhood Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $45,000.00 $55,000.00 $0.00 $100,000.00 Additional CDBG Funds $229,464.74 $229,464.74 Remaining Bond 2004 $13,466.66 $13,466.66 Encumbered / Expended Amount $45,000.00 $45,000.00 This item $255,636.00 $255,636.00 Future Anticipated Items $42,295.40 $42,295.40 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Community Development Block Grant (CDBG); Fund 1059 Comments: This project is primarily funded through Community Development Block Grant (CDBG) proceeds with nominal funding coming from Bond 2004 Park Bond Fund Interest proceeds. RECOMMENDATION: City Staff recommend the approval of a Construction Contract with Henock Construction, LLC. of San Antonio, Texas for the Ethel Eyerly Senior Center Expansion project in the amount of $255,636.00 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Ethel Eyerly Senior Center Expansion Project No. E11126 January 15, 2013 FUNDS AVAILABLE: CDBG Funds (FY 2012) CDBG Funds (FY 2011) Fund Remaining Joe Garza Roofing Project (FY 2010) Bond 2004 Remaining Proceeds TOTAL AVAILABLE: Amount $ 188,895.00 $ 100,000.00 $ 40,569.74 $ 13,466.66 $ 342,931.40 FUNDS REQUIRED: Construction (Henock Construction) Base Bid only ............... ............................... $ 255,636.00 Contingencies ( 7. 5%) ...................................................... ............................... 20,450.88 Consultant Fees: Consultant - Design (Chuck Anastos Associates, LLC.) .......... ............................... Consultant - Asbestos Inspection (Terracon Consultants, Inc.) . ............................... Construction Materials Testing ( Estimate) ............................ ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ... ............................... Engineering Services (Project Mgt) .................................... ............................... Finance Reimbursements ................................................ ............................... Misc. (Printing, Advertising, etc.) ........................................ ............................... TOTAL 45,000.00 1,950.00 2,000.00 6,390.90 6,390.90 3,834.54 1,278.18 $ 342,931.40 Balance Remaining .................................................... ............................... $ - N z w Y HWY 44 councilexhibits \exhL 1 1 11b. ArUECES BAY �S 4'1 MFR shA z s Q Q � o w o 0 3 � Y q � Z J q 0 z z 0 0 3 Y 0 ,GNES CCIR FV 43 PROJECT #E11126 "141116 010 PROJECT SITE FM 2444 LOCATION MAP NOT TO SCALE COR P US CHRIS71 B.gly NAS -%I DRE Ethel Eyerly CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Senior tenter Expansion PAGE: 1 of 1 _ _ 1 11 ...... Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds. SECTION 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is further amended to increase revenues and expenditures by $229,464.74 each. SECTION 3. The City Manger or designee is authorized to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Nelda Martinez Mayor uw O N � � � 00 O 4 16.4 V O U � �, I C) O 4-j tt 0 a) 0 a) 0 Ak ri E Ln 0 E cu Cl- (n C'4 cu of U LU I C) O 4-j tt I WU E /qz I I t k /Zz U) U) w m 01<0 Op , zz ig W x WJ 0 a) 0 a) 0 Ak ri E .0 4-- 0 E cu Cl- (n C'4 cu of 0 C\l 0 0 LL -0— a) 0 4-0 o 0 o m 6< -2 O)w of C) c 'a 0 -,-" 0 con C. a) ) (D 06 o a) LL "0 (D U) E 0 5 < 0 0 E a) .0 0 -a --" C: 0 -0 cu C: 0 < 4 -- 0 a) (D C: < a) < 06 06 a) — 0 C) Z , E 0 C: >, a) 0 a) -a cm C: m CU (D c: U) a) X 771 x w cu 0 LU (D 4— C.) 0 3: U) C: 0 4- "e C: (D 0 '�e U) 0 0 Z; • (D M 0 C: 0 E (D : 76 -0 0 UJ 0 > 0 a) a) E E c: q 0 OWZ<M: 0 0-05 E00 I WU E /qz I I t k /Zz U) U) w m 01<0 Op , zz ig W x WJ 00 Ak ri ct� Cl- I WU E /qz I I t k /Zz U) U) w m 01<0 Op , zz ig W x WJ z z Lu co x .8 �0 z C\l ri LL HY z z Lu co x .8 �0 z C\l # W r� U V L U 4� O co r-I O N 0 N cd cd 4-� O Q Q cd U rd Ste" v CL) O cd �' U a o ° 00 Cl) rU, � O Q U O � U U � Q O o U 1 U U Q"' a U co tT l L Q Q U W # W r� U V L U 4� O co r-I O N 0 N cd cd 4-� O Q Q cd U rd Ste" v CL) O cd �' U a o ° 00 Cl) rU, � O Q U O � U U � Q O o U 1 U U Q"' a U co hC) V M� I+1 U CO ^C 1� c 0 U) c ca Q x Lu (D L N Cr) r � O NN W C) L6 L O v 2z i, U CU N O cB L n w N L w p ( a cz, p O O } O O O 00 O O O N L O O Q O IT O U W hC) V M� I+1 U CO ^C 1� c 0 U) c ca Q x Lu (D L N Cr) r � O NN W C) L6 L O v 2z i, U CU N O cB L n w N L w p ( a cz, p O O IRT O O O 00 O O O N O O O I- O IT O 00 O O O L Lo O O O ' Ti O O O O V O O 0 0 M C7 LO O LO O O Cl) 00 O LO "T O O .. J O O O 00 C) 00 O O C7 N Ln 0 Ln C ICS 00 O � 04 "T M N M O E O N O a ta ta v). ta c U 01). ta Kil U ui .. J cu O N O c U N N 0 OV .. CU a m Q CU 0) a� E o ~ LJJ O U CU O Q U N O U Q ON ON J 0 O J O �_ W j � 0 m m w 0 a) �? Q LPL LPL O N � iii 0-0 ca J .� .� c N J j = a) N cn 0= w cn Q c c > o co) o aa) Q Q U N 0= 0= cu U i LL LL N O N J L J C) H E Z m m : Z LL C) C) LL CO LL C) C) C) C) C) C) 0 m Kil 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 8, 2013 1852 Second Reading Ordinance for the City Council Meeting of January 15, 2013 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Accepting and appropriating an Impaired Driving Mobilization grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67 and appropriating $19,977.68 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a special Impaired Driving Mobilization STEP for the periods of Spring Break March 8 — March 17, 2013, Independence Day June 28 — July 7, 2013, and Labor Day August 16 — Sept 2, 2013. The grant places overtime officers across the City with various hours of operation. The goal of the grant is to make 66 DWI arrests during this time period. The grant has been awarded to the department for the past 7 years. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance OMB FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,004.99 $8,004.99 Encumbered / Expended Amount This item $19,977.68 $19,977.68 BALANCE $27,982.67 $27,98 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67; and Appropriating the $19,977.68 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67. SECTION 2. That $19,977.68 grant is appropriated in the No. 1061 Police Grants Fund to continue Impaired Driving Mobilization grant in the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Ed Organization Name: City of Corpus Christi - Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2013- CorpusPD -IDM -00023 Period: 10/01/2012 to 09/30/2013 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2013. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.601 CFDA Title: Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants Funding Source: Section 410 DUNS: 069457786 Project Title-STEP - Impaired Driving Mobilization Project Description -To conduct DWI enforcement Waves during holiday periods to increase DWI arrests and earned media activity as part of the statewide "Drink. Drive. Go To Jail" campaign and in conjunction with the national Impaired Driving Mobilization campaign Grant Period: This Grant becomes effective on 10/01/2012 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2013 unless terminated or otherwise modified. Total Awarded: $27,982.67 Amount Eligible for Reimbursement: $19,977.68 Match Amount: $8,004.99 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi [Authorized Signature] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR Part 18; 49 CFR Part 19 (OMB [Office of Management and Budget] Circular A -110); 49 CFR Part 225 (OMB Circular A -87); OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. 2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi unless this Grant Agreement is amended, as described in Article 5 of this agreement. 5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as appropriate, outlined in: 1. OMB Circular A -21, Cost Principles for Educational Institutions; 2. 49 CFR Part 225 (OMB Circular A -87), Cost Principles for State, Local, and Indian Tribal Governments; or, 3. OMB Circular A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work. E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. B. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi agreement (called the "Records "), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained. ARTICLE 9. INDEMNIFICATION A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This agreement supercedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. This agreement is terminated in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A. The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work. ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by: A. 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or B. 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60 -74, as they may be amended periodically (called the "Regulations "). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity and attachments found at web address tt: / /txot.ov /business /business outreach/ ou.tm. E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of USDOT- assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi The contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. DEBARMENT and SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within the three (3) year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within the three (3) year period preceding this agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, the Subgrantee shall attach an explanation to this agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Subgrantee certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Code, as part of a court - supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://edocket.access.gpo.gov/201O/ f/2 1 -2 7 5.p f and tt : //e ocket.access.gpa._ ov /2010 /p f /2010- 22706.p f. B. The Subgrantee agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose address is: https://wv,/w.bpn.gov/ccr/default.as ' 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http://fedgov.dnb.com/webform, and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at httK)://www.txdot.aov/contact us /auit.tm. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi C. If expenditures are less than $500,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 (Compensation) and Article 7 (Reporting and Monitoring) of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants), prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the Department district's boundaries. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or an activity already supported by local or state funds. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi J. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. K. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. M. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. N. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. P. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. Q. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at .uckleutexas.com. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3. telephone conversations 4. a -mails and letters 5. quarterly review meetings 6. eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: 1. Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3. Document any progress towards self- sufficiency 4. Account for any approved Program Income earned and expended 5. Identify exemplary performance or best practices 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety - related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI - related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. X I agree to the above goals and strategies. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Law Enforcement Objective /Performance Measure 1. Number and type citations /arrests to be issued under STEP a. Number of DWI arrests to be made during the Christmas /New Year's DWI 0 Operation b. Number of DWI arrests to be made during the Spring Break DWI Operation 22 c. Number of DWI arrests to be made during the Independence Day DWI Operation 22 d. Number of DWI arrests to be made during the Labor Day DWI Operation 22 2. Total Number of Enforcement Hours for Entire Grant Period 448 Step Indicator 2.65 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi PI &E Objective /Performance Measure 1. Complete administrative and general grant requirements a. Number of Performance Reports to be submitted 3 b. Number of Requests for Reimbursement to be submitted 3 2. Support Grant efforts with a public information and education (PI &E) program a. Conduct a minimum of one (1) presentation for each DWI operation period 3 b. Conduct a minimum of two (2) media exposures (e.g., news conferences, news 6 releases, and interviews) for each DWI Operation period. c. Conduct a minimum of one (1) community event (e.g., health fair, traffic safety 1 booth) during the grant period d. Produce the following number of public information and education materials if 0 applicable. e. Distribute the following number of public information and education materials if 0 applicable. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Budget Summary Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries $19,977.68 $0 $19,977.68 (200) Fringe Benefits $0 $4,484.99 $4,484.99 Category I Sub-Total $19,977.68 $4,484.99 $24,462.67 Category 11 - Other Direct Costs (300) Travel $0 $3,520.00 $3,520.00 (400) Equipment $0 $0 $0 (500) Supplies $0 $0 $0 (600) Contractual 1 Services $0 $0 $0 (700) Other Miscellaneous $0 $0 $0 Category 11 Sub-Total $0 $3,520.00 $3,520.00 Total Direct Costs $19,977.68 $8,004.99 $27,982.67 Category III - Indirect Costs (800) Indirect Cost Rate $0 $0 $0 Summary Total Labor Costs $19,977.68 $4,484.99 $24,462.67 Total Direct Costs $0 $3,520.00 $3,520.00 Total Indirect Costs $0 $0 $0 Grand Total $19,977.68 $8,004.99 $27,982.67 1 Fund Sources 71.39% 28.61% 2013-Co rpusPD- I DM-00023 Printed On- 12/19/2012 City of Corpus Christi Operational Plan X I agree to the following Comments: Site Description Jurisdiction Wide Conduct focussed DWI saturation patrols within high risk locations during times when alcohol - related crashes are most frequent Conduct a minimum of 4 nights of DWI enforcement during each holiday period Conduct pre and post earned media activities for each holiday period Christmas /New Year's Wave Pre -Media December 18, 2012 - December 20, 2012 Campaign Enforcement Period December 21, 2012- January 1, 2013 Post -Media Campaign January 5, 2013 - January 7, 2013 Spring Break Wave Pre -Media March 5, 2013 - March 7, 2013 Campaign Enforcement Period March 8, 2013 - March 17, 2013 Post -Media March 21, 2013 - March 23, 2013 Campaign Independence Day Wave Pre -Media June 25, 2013 - June 27, 2013 2013- CorpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Campaign Enforcement Period June 28, 2013 - July 7, 2013 Post -Media Campaign July 11, 2013 - July 13, 2013 Labor Day Crackdown Pre -Media Campaign August 13, 2013 - August 15, 2013 Enforcement Period August 16, 2013 - September 2, 2013 Post -Media Campaign September 6, 2013 - September 8, 2013 Description of Activities Pre -Media Efforts Conduct local media events immediately before the enforcement effort Before Enforcement to maximize the visibility of enforcement to the public. The media Periods: events tell the public when, where, how and why impaired driving laws are being enforced. Enforcement Intensify enforcement through coordinated saturation patrols in an Periods: overtime STEP placing primary emphasis on increasing DWI arrests and reducing the number of alcohol related traffic crashes during peak holiday traffic. Post -Media Efforts Conduct local media events to tell the public why impaired driving laws After Enforcement are important and the results Periods: of the mobilization. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi City of Corpus Christi 2013 - Co rpusPD -IDM -00023 Printed On: 12/19/2012 2013 - Co rpusPD -IDM -00023 Printed On: 12/19/2012 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 852 Action Item for the City Council Meeting of January 22, 2013 DATE: November 9, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com 361- 826 -7203 Program Income FY 12 -13 Appropriation of Funds CAPTION: Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. PURPOSE: The Program Income Funding allows the Health District to be used to supplement local funds for public health services which help with supplies, minor equipment, contractual services, training and computer equipment. BACKGROUND AND FINDINGS: The Corpus Christi - Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1- August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Planned expenditures for FY 12 -13 include supplies, minor equipment, contractual services, training and computer equipment. ALTERNATIVES: Unused funds must be returned to the State. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for appropriation of program income funds. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $763,000 $763,000 BALANCE $763,000 $763, 000 Fund(s): Program Income Comments: No fiscal impact to General Fund. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Estimated program income revenue in the amount of $763,000 is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor M O �I O O O O M M O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O M M Ff3 Ff3 O O Ff3 Ff3 O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O ;, 3 1;1 3 N 3 C ' 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 I ' O' O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N O 0 O O O M Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �y M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O 0 O O 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O N � O M 60 o0 0 �o�oo 0 0 0 3~ N v rl O M H O O O O O O O O O 0 O O 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 N A � � M 60 O O O O O O O O O O O O O O O •� O I••I O O O 00 00 O O O O O O O O O O O O O O O O O O O O O 00 0 0 0 0 0 0 0 O O O M •�' � M a > d0 ct U O ccz W . U N m N cC cC N N . "`,� 'O cC O N n N cz a cC N rii rii 'O `ti KJ cz 'C O cz ti Y cz U O 4.1 tti ty i.-I i.-I i.-I i.-I N U cC cC U cz rx c'7 U U U w w O a H a H W H a H O U F-� Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl O O O O M M O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O M M Ff3 Ff3 O O Ff3 Ff3 O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O ;, 3 1;1 3 N 3 C AGENDA MEMORANDUM � pia First Reading Ordinance for the City Council Meeting of January 8, 2013 zs Second Reading for the City Council Meeting of January 15, 2013 DATE: December 20, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Development Services MarkVV @cctexas.com (361) 826 -3246 UTILITY EASEMENT CLOSURE Abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2. CAPTION: Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Gregory and Nancy Graves (Owners) are requesting the abandonment and vacation of a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street. The abandonment and vacation of the utility easement is requested in order to accommodate the future development of the subject property. Staff recommends payment of the fair market value be waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. Staff has determined that this utility easement no longer serves a purpose. Also, the existing 5 -foot wide utility easement is disproportionate to the existing 10 -foot wide utility easement at the rear of Lots 17 and 18. The Owners have been advised of and concur with the conditions of the easement abandonment and vacation. The Owners must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49 -13. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Nx Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Fair market value is waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. WHEREAS, Gregory and Nancy Graves ( "Owners ") are requesting the abandonment and vacation of a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street, to accommodate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, January 8, 2013, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the 5 -foot wide by 20 -foot long utility easement, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of Gregory and Nancy Graves ( "Owners "), a 5 -foot wide by 20 -foot long utility easement, totaling 100 square feet, out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street, as recorded in Volume 11, Page 46, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ( "City "), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entirety. Section 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Fair market value is waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field Notes of a 5'x 20' existing easement to be closed out of lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, as shown on a map recorded in Volume 11, Page 46, Map Records Nueces County, Texas. Said 5'x 20' easement being more particularly described as follows: COMMENCING at a point for the common north corner of Lot 16 and Lot 17, THENCE with the north line of Lot 17 along an curve to the right with a radius of 2205.10 feet, and a radius point that bears North 28 °56'29" West, a distance of 2205.10 feet, an arc distance of 47.50 feet to a point in the north line of Lot 17 and also being in the centerline of an existing 10' utility easement, THENCE South 27° 10' l 1" East, a distance of 5.00 feet to a point for the northeast corner of this easement and the POINT OF BEGINNING. THENCE South 270 10' 11" East, a distance of 20.00 feet to a point for the southeast comer of this easement. THENCE South 62 °20'38" West, a distance of 5.00 feet to a point for the southwest comer of this easement. THENCE North 270 1011 " East, a distance of 20.00 feet to a point for the northwest comer of this easement. THENCE with south line of an existing utility easement having a curve to the left running parallel to the north line of Lot 17, a distance of 5.00 feet to the POINT of BEGINNING of this easement, and containing 100 square feet of land, more or less. Notes: 1.) Bearings are based on recorded plat of Lamar Park Subdivision. 2.) A Map of equal date accompanies this Metes and Bounds description. 1, Ronald E. Brister do hereby certify that this survey of the easement legally described herein was not made from an on the ground survey and is correct to the best of my knowledge and belief. // r R &&& Ronald rister, RPLS No. 5407 Date: October 09, 2012. Job No. 12872 � r SURVEY OF A Y X 2D' EASEMENT TO BE CLOSED OUT OF LOTS 17 AND 18, BLOCK 8, LAMAR PARK SUBDMSION SECTION 2, AS SHOWN ON A MAP RECORDED IN VOLUME 11, PAGE 46, MAP RECORDS NUECES COUNTY, TEXAS SCALE P = 30' z LOT10,1,=t LOT11,BLK8 l L4MAR 1AM"I?ARK LOT12,xxs 4 VOL I1 VOL 11, P. 45 LAMAR PARK I M.RN M.R.N.C.T Vol. 11'p.46 ' M.R.N.cr L -m a Tm-m I ---- - - - °- - - - - -- ---- - -_r_- 5.0 ElasTmras U.e P.ae. 479 lz No ses2ose•w sm �n�AS� �P R P R �IAR K LAMAR PPARK LAMAR K 1AR PARK Brister Surveying 4659 EYCA a Sella 100 Cmpo C dIU, Tams 70411 OE7861- 50.1800 F04614150.1401 e,lsla„aN�a�a�mv,.c�m� EXHIBIT B CATAU NA PLACE 50' RIGHT OF WAY 1DTC4 y=&SURVEM ARHAIS 100 SOUAREFEh7 'a I,�A811RBD8E U'US ARE WED ON tBCOSD1 D FIAT. DS SWEY DOES NOT INCLUDE TBE iMSEMCR,I4VIs511GAMON, OR LOCATIONS OF alSRMTUDGS, EASERMCS, RIGHTOF WAYS. IR UTDXiM ON THIS PROPERTY. ,RONALD B. ERUMDD HBMY CERTIFY 7iAT11R4 SURVEY OF THE BASRbff=LEGALL1 )WCRWlOHERM WAS NOTMADE FROMAN INTMUFLOUND SURVEY AND ISCORRECf TO ,IM BB7OF MY KNOWLEDGE AND 8ELB3F. l euawr nxle 4LTOBER 09, 2022 1013 NO, 12872 RORAIMRBR]STER R.P.LS. NO. 5407 AGENDA MEMORANDUM UPORASfQ Future Item for the City Council Meeting of January 22, 2013 1852 Action Item for the City Council Meeting of January 29, 2013 DATE: January 4, 2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director Edddie0 cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator BudyB@cctexas.com 826.3021 Public hearing regarding "Substantial Amendments" to CAAP; FY07, FY10, and FY11 and a Motion to amend each project. Public Hearing and Motion to authorize the City Manager or designee to execute all necessary documents with the U.S. Department of Housing and Urban Development (HUD) and Consolidated Annual Action Plan (CRAP) grantees for the following HUD approved contracts, cancellations and amendments. Funding from these cancelled projects will be reprogrammed into the FY13 CRAP. Action to be taken will consist of the following: cancellation of an FY07 HOME Investment Partnership Program project for the Messianic Fellowship Church; cancellation of an FY07 Community Development Block Grant (CDBG) Program project for the Montgomery Ward Building rehabilitation Project; cancellation of a FY10 CDBG project for Avance; the changing of a scope of work for a FY10 CDBG project for the Lindale Senior Center; the cancellation of CDBG FY11 projects for Coastal Bend Alcohol & Drug Abuse Rehabilitation Center dba Charlie's Place, the Gonzalez Foundation, and the Westside Business Association. PURPOSE: In accordance with HUD and the City of Corpus Christi's (City) 5 -year Consolidated Annual Action Plan (CRAP), "Substantial Amendments" are required to amend each CAAP which will trigger a comment period once motion is approved (24 CFR 94.115). A "Substantial Change" is defined by the City to be; a proposed new activity which cannot reasonably be construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project, or an activity which was identified in the adopted application or in the commitment of funds to a specific project, or an activity that is proposed to be altered in terms of its purpose, scope, location, or beneficiaries to such an extent that it can no longer reasonably be construed as the activity reviewed by the public and approved by the City Council. BACKGROUND AND FINDINGS: FY07 - the Messianic Fellowship Church received HOME funding for the construction of a new 32 unit rental apartment complex to be used by residents as affordable housing. The Messianic Fellowship did not have adequate funding for the project to be brought to completion. This Project will be deleted from the FY07 CAAP and FY07 HOME funding in the amount of $300,000 will be reprogrammed into FY13 HOME CARP. FY07- the Montgomery Ward Building rehabilitation Project received CDBG funding for the development of the historic Ward Building, after the FY07 CDBG approved project: Nueces Lofts Apartments, could not move forward with CDBG funding. These funds were then reprogramed to the Ward Building Project. After several years, the project was unable to be brought to completion, HUD deemed the project ineligible and funds in the amount of $350,000 were reimbursed to the Federal Treasury (HUD). HUD released the funds back to the City in the fall of 2012 with the intent that these funds would be made available for other CDBG Projects. The Montgomery Ward project will be deleted from the FY07 CAAP and the FY07 CDBG funding in the amount of $350,000 will be reprogrammed into the FY13 CDBG CARP. FY10- Avance, Inc. received CDBG funds for the construction of a new facility which would conduct program services for low income and at -risk families. In the fall of 2012, Avance, Inc. permanently closed it doors and the agency is no longer in operation. The project will be deleted from the FYI CAAP and FYI funding in the amount of $175,828 will be reprogrammed into the FY13 CDBG CAAP. FY10 -The Lindale Senior Center received CDBG funding for parking lot improvements needed to address safety issues of senior citizen customers, due to the work being done on Staples St., the project as presented and approved has been delayed. In order to not forfeit approved funding, the Parks & Recreation Department is requesting that the scope of work be changed to replace the service drive way that is used for the delivery of all meals to the 80+ daily users of the center. The approved funding for this project, in the amount of $150,000, will remain at the center for the proposed change of scope use. FYI 1 -The Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place received CDBG funding for a roof replacement. Due to the regulatory constraints that must be adhered too when utilizing CDBG funding; bid estimates received were over considerably budget. Charlie's Place chose to return the funds to the City to be used on other eligible projects. The project will be deleted from the FYI CAAP and FY11 funding in the amount of $31,024 will be reprogrammed into the FY13 CDBG CAAP. FYI 1- the Gonzalez Foundation received CDBG funding for the replacement of an existing roof at the Gonzalez Education and Recreation Center. Mr. Gonzalez notified the City that he would not need the awarded CDBG funding and chose to returned the funding to the City. The project will be deleted from the FYI CAAP and FYI funding in the amount of $92,234 will be reprogrammed into the FY13 CDBG CAAP. FYI 1 -the Westside Business Association received CDBG funding for the improvement of lighting and the installation of security cameras and gates to the parking entrances at the Antonio E. Garcia Arts & Education Center (Center). The Westside Business Association (WBA) was deemed to be a third party requestor of funding to the Center and it was determined that WBA could not enforce CDBG regulations to the Center. The project will be deleted from the FY11 CAAP and FYI funding in the amount of $44,234 will be reprogrammed into the FYI CDBG CAAP. The amount of CDBG funding to be reprogrammed into FY2013 due to cancelled projects is $693,320. The amount of CDBG funding to remain in the FY2010 CDBG program is $150,000. The amount of HOME funding to be reprogrammed into FY2013 due to a cancelled project is $300,000. These changes to the CAAP will bring the total amount to $1,143,320. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: Council approval to amend each project is required for the change in the CAAP to flake Effect. EMERGENCY I NON-EMERGENCY: Non - emergency DEPARTIVIENTAL CLEARANCES: Legal Finance FINANCIAL. IMPACT: i i Operating X Revenue r::j Capital ri Not applicable Fiscal Year: 2011- 20_12 Project to Date Expenditures (CIS' only) Current Year Future Years TOTALS _ Line Item Budget - _ - -- Encumbered 1 Expended Amount This item $1,14_3,320 T None _ _$1,143,320 $1,143,320 BALANCE$1,143,320 None Fund(s)= Comments: Proposed project amendments have already gone to City Council for approval and appropriations RECOMMENDATION: Staff recommends the approval of this agenda item LIST OF SUPPORTING DOCUMENTS- N/A Ordinance Amending section 57 -251 of the Corpus Christi Code by allowing for assignment when specialized equipment is needed; amending section 57 -254 (d) 1. g of the Corpus Christi Code by increasing the additional half hour fee to $25.00 ; amending section 57 -254 (d) 1. i. of the Corpus Christi Code by increasing the clean up only fee to $60.00 and clarifying clean up definition; repealing section 57 -242 of the Corpus Christi Code (Transfer of disabled vehicles by wrecker not under permit); amending the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $2,000; providing an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Sec. 57 -251. is revised to read as follows: Sec. 57 -251. - Dispatching of category A and category B wreckers. When the police dispatcher assigns a rotation wrecker to the scene of a disabled or impounded vehicle, the assignment will include how many and what category of auto wrecker shall be sent to the scene. The owner, his agent or employee will advise the police dispatcher how many of its permitted auto wreckers are available at the time of the call. Owner shall not refer an assignment to another auto wrecker company, even if the owner owns the other company. Any such referral may result in revocation or suspension of owner's auto wrecker permit, which may be appealed as set out in section 57 -233, at the chief of police discretion. An owner can refer an assignment to a company(owned or not owned) with specialized equipment such as a crane, backhoe, or fork lift when necessary. Specialized equipment is not a Class A or Class B wrecker. If an auto wrecker is not at owner's business location, or if an auto wrecker has been assigned to the scene of a disabled or impounded vehicle and not already on its way back to owner's business address at the time of the police dispatcher's call, an auto wrecker is not available for being assigned a new scene. Neither owner nor his agents or employees shall drive a disabled or impounded vehicle which they have been assigned to tow. SECTION 2. Section 57 -254 (d) g. is revised to read as follows: g. Additional fee for each half -hour or portion thereof at the scene in excess of one -half hour not caused by delay on the part of the permit holder, per 30 minutes .....1a 00-25.00 SECTION 3. Section Sec. 57 -254 (d) i. is revised to read as follows: i. Cleanup only, no tow required .....25; 99 60.00 (debris only, not including environmental clean ups) SECTION 4. Section 57 -242 of the Corpus Christi Code (Transfer of disabled vehicles by wrecker not under permit), as last amended by Ordinance 028965, is hereby repealed. SECTION 5. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended by increasing revenue and expenditures in the General Fund No. 1020 by $2,000 SECTION 6. The effective date of this ordinance is the date of final City Council approval. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 22.2O13 1852 ~~^ Second Reading Ordinance for the City Council Meeting of January 29.2O13 DATE: December 26,2012 TO: Ronald L. Olson, City Manager THROUGH: VVee Piereon, Assistant City Manager (361) 826-3082 FROM: Emily Martinez (361) 882-7448 CAPTION: Type A Grant for HEB Grocery Company, LIP Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (Type ACorporodon'\ and HEB Grocery Company, LP ("HEB") to provide a grant of up to $850,000, to improve yNcCannpbe|| Rood in front of their bread and tortilla manufacturing haoi|ih/ in Corpus Christi and the retention of jobs and authorizing the City K8onoger, or deeignee, to execute a Business Incentive Project Support Agreement with the Type ACorporation regarding implementation and administration of the HEB Business Incentive Agreement for the retention of jobs; and appropriating $850.000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2012-2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $850.000. HEB will improve K8oCanlobaU Rood in front of their manufacturing and distribution facilities in Corpus Christi and the retention of jobs. They will invest over $177 million and retain 388 employees with on annual payroll of $12,522,700. BACKGROUND AND FINDINGS: HEB has been aport of Corpus Christi since 19O5 and currently has 388 employees at their bakery plant on McBride Lone where bread and tortillas are produced for the Texas market. The port of K8cConnpbeU Rood outside of their tooi|ih/ has deteriorated and HEB has proposed to pay for road improvements. On May 21.2O12 the Type A Board approved a grant of $75O.00O for this project. The Type A Board increased the grant to $85O.00O during the September 17. 2012 meeting with the added requirement that the rood must be concrete. Type A funds may be used for targeted infrastructure improvement. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: HEB has been a fixture in this community for over one hundred years. This grant will be used to improve the road at their McCampbell entrance. The road is a City asset and once complete will continue to be maintained by the City. Additionally the City's Engineering Department will have full responsibility for ensuring the construction of the road to City standards. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 850,0001 1 850,000 BALANCE 1 850,0001 1 850,000 Fund(s): Type A RECOMMENDATION: Staff recommends approval of the Type A Grant to HEB Grocery Company, LP in the amount of $850,000 for improvement of McCampbell Road in front of the HEB Bakery facility. LIST OF SUPPORTING DOCUMENTS: Type A Agreement Project Service Agreement Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and HEB Grocery Company, LP ( "HEB ") to provide a grant of up to $850,000, to improve McCampbell Road in front of their bread and tortilla manufacturing facility in Corpus Christi and the retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the HEB Business Incentive Agreement for the retention of jobs; and appropriating $850,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $850,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from HEB for the improvement of McCampbell Road in front of their bread and tortilla manufacturing facility in Corpus Christi and the retention of jobs; in which HEB will invest at least $17,700,000 in expansion of their bread and tortilla manufacturing facility and will retain at least 388 current full -time jobs with an average annual salary of at least $32,275 and annual payroll of at least $12,522,700 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the improvement of McCampbell Road and the retention of jobs between the Type A Corporation and HEB; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the improvement of McCampbell Road and retention of jobs between the Type A Corporation and HEB. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the retention of jobs between the Type A Corporation and HEB that provides for the improvement of McCampbell Road in front of their existing manufacturing facilities within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and ORDINANCE -- HEB Business Incentive Agreement - 12 -28 -12 Page 2 of 3 administration of the business incentive agreement with HEB, which is attached to this resolution as Exhibit B. SECTION 3. That $850,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to HEB for the improvement of McCampbell Road in front of their existing manufacturing facilities. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $850,000 for a business incentive grant from the Type A Corporation to HEB for the improvement of McCampbell Road in front of their existing manufacturing facilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb ORDINANCE -- HEB Business Incentive Agreement - 12 -28 -12 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary ORDINANCE -- HEB Business Incentive Agreement - 12 -28 -12 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor BUSINESS INCENTIVE AGREEMENT FOR RETENTION OF jOBS BETWEEN THE CORPUS CHRIST[ BUSINESS AND jOB DEVELOPMENT CORPORATION' AND HEB GROCERY COMPANY, LP a 00 a FJO9.9AF*.I*U-7swr,oTriTFrir4!-I& =MME Mel I NJ IMM IM-74 A Lill all E!IJ m M m a .js qjs js 062007.918 #159613.v5 CPY draft 11-13-12 between November I and December 31 of each respective year during the Term. HEB may provide each Annual Report in a form similar that attached hereto as the Corporation, HEB shall provide the Corporation and/or its designee with access to view Records at the HEB Headquarters in San Antonio reasonably sufficient to confirm the accuracy of the Annual Report. For purposes of this Agreement, "Records" shall be limited to a listing of the positions at the Manufacturing Facility and the respective salary amounts paid during the prior period for which the certification was made. F. McCampbell Road Construction. During the Term of this Agreement, HEB shall fund, design and construct the McCampbell Road Project, subject to; Forez Majeure. Completion of the McCampbell Road Project shall be evidenced by the acceptance of the road work by the City. Utilization of Local Contractors and Suppliers. HEB shall use Commercial4p Reasonable Efforts to utilize Local Contractors to construct the McCampbell Road Project, subject to the requirements herein (the "Local Requirement"), with a goal of 50% of the total dollar amount of all construction contracts and material supply agreements being paid to Local Contractors, HEB further agrees to cause its general contractor for the McCampbell Road Project to solicit bids and/or proposals for supplies or subcontracted services from Loca;l Contractors. For the purposes of this Agreement, the term "Local Contractor($)" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces, County. Z oil 0 a -6 0 1. Compliance Standards. For purposes of this Section, "Commercially Reasonable Effort" shall mean the solicitation of bids and/or proposals to construct the McCampbell Road Project from one or more contractors for the purpose of achieving the Local Requirement and the DBE Requirement. W 11, Me a I 062007.918#159613.v5 CPY draft 11-13-12 3 Corporation which shall determine if HEB has complied with the Lo011 Requirement and DBE Requirement. I 5. Corporation Performance Requirements. Provided that HEB complies with the terms of this Agreement, the Corporation shall reimburse HEB for actual, documented expenses incurred to design and construct the McCampbell Road Project (the "Actual Project Expenses"). Subject to 5(B) here�in, the Corporation's reimbursement of the Actual Project Expenses shall be made to HEB in five (5) annual payments (each a "Corporation Grant") up to a maximum amount of $850,000 (the "Maximum Reimbursement Amount"). FARNINIMM IMI II ITITOW, $775,000 (170,000) $ (Year 1) rd $151,250 (Years 2 through 5) 1, -! V I I L I I CMSM�IFM 1 F61 f1Yd1flf'TW-,-,Ud3 77"07M-Tr to the terms and conditions of this Agreement. 6. Warranties. HEB warrants and represents to Corporation the following: A. HEB is a Texas limited partnership, duty organized, validly existing, and in good standing: under the laws of the State of Texas, and has the necessary authority to carry on its business as presently conducted in Corpus Christi, Texas. B. HEB has the authority to enter into and perform and will perform the terms of this Agreement. C. The person executing this Agreement is duly authorized to execute this Agreement or behalf of HEB. D HEB does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, HEB is convicted of a violation under US.C. Section 1324a(f), HEB shall repay the payments received under this Agreement to the City, with interest at the Wall Street journal Prime Rate, not later than the 120th day after the date HEB receives notice from the City requesting such repayment. Z Z - - - - - - - - - - - - - - - - 12. Events of Default by HEB. Notwithstanding other provisions herein, the following events shall constitute a default under this Agreement by HEB, subject to the Cure Period: A. Any representation or warranty on behalf of HEB contained in this Agreement or in any financial statement, certificate, report, or written opinion submitted to the Corporation in connection with this Agreement was deliberately misleading in any material respect when made; B;. HEB makes an assignment of this Agreement for the benefit of creditors. C. HEB files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. D. If any property taxes owed by HEB: on the Manufacturing Facility become delinquent, and HEB fails to timely and properly follow the legal procedures for protest or contest. E HEB converts the Manufacturing Facility to another business use during the Term of this Agreement without the prior approval of the Corporation. 13. Default by Either Party. Should either Party fail to comply with the terms; and conditions of this Agreement (subject to Force Majeure) and such failure is not cured and corrected within sixty (60) days following receipt of written notice from; the non-defaulting Party (the "Cure Period"), such failure shall be deemed an"Event of Default." 14. Results of Uncured Default by HEB. After exhausting good faith attempts to address any default during the Cure Period or extended periods provided herein and taking into account any extenuating circumstances that might have occurred through no fault of HEB, as determined by the Corporation, the following actions may be taken for any default that remains tnicured sIlter the Cure Period. 1 P!Ivll��ilillill I I 1 111 111 1111 1111 1111 � I I � I I 1111 11111' am Lq A. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, by either Party constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. t6,2007,918 #159613,v5 CPY draft 11-13-12 6 B. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, by either Party justifies or authorizes the nonobservance on any other occas:ion of the covenant or condition or any other covenant or condition of this Agreement. C. Any waiver or indulgence of default by either Party may not be considered an estoppel against the non-defaulting Party. or co 5 U1 L111ti avail itself of the rights and remedies that the Corporation may have, will not be considered a wa�iver on the part of the Corporation, but Corporation may at any time the default. I tas I IF rgzi I I tol *-INFO I ig &,a (Awr-Jr. 0 17. City Approval of Corporation Funding. The Parties mutually agree and understand that full under this Agreement is subject to annual appropriations by the City Council, that each Corporation fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. Ii f0*0111111 0 a. Any required written notices shall be sent mailed, certified mail, postage prepaid, add ress-&i s. ol lows-, 2M HEB Grocery Company, LP Attn: Executive Vice President of Real Estate 646 South Main Avenue San Antonio, TX 78204 062007,918 #159613.v5 CPS' draft 11- 13 -12' 7 T! 4 0 Attn: Steven Golden 300 Convent Street, Suite 300 San Antonio, TX 78205 W# • :• City of Corpus Christi Business and Job Development Corporatior Attn- Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 11111�11111 III I I � I I I III I I III 1 111 1 � � 11 1� I � I � I " I I gE���;Mrell a a$ Z M! City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-921 19. Incorporation of other documents. The Type A Guidelines, as they relate to thie Agreement, are incorporated into this Agreement. The Parties expressly agree that in the evet# that any term and/or condition of this Agreement conflicts, directly or indirectly, with any provision of the Type A Guidelines, the provisions of this Agreement shall govern. 20. Amendments or Modcations. No amendments or modcations to this Agreema# may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and HEB will act in an individual ca!;!ac�ly and not as agents r nresentatives-p—m-palovees emn 11 partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. am k- •, �- A. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, parag:raph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. L present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and HEB. Any prior Agreements, promises, negotiations, • representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. W11 aw�l 062007.918 #159613.v5 CPY draft 11-13-12 9 WIN&* "A d:99101 FORIVIIIIIINKO-IMAZAM This instrument wa owledged before me • 1 2012, • Todd E. Piland acting as Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, on behalf of said limited partnership. '2 e, Nota#y Public State of Texas ME] Mp li Year Number of Expected Number Required Expected New Jobs of Retained Jobs Annual Payroll Capital Investment 1 0 388 $12,522,700 $2,843,000 2 0 388 $12,522,700 - $5,024,000 3 0 - 388 _ $12 „522,700 $3,650,000 4 0 388 $12,522,700 $2,175,000 5 0 388 $12,522,700 $3,025,000 A I Nag ".m wff Flu mol m3m= This annual report and certification is hereby presented to the Corpus Christi Business and Job Development Corporation (the by HEB Grocery Company, LP ("IjQ") in connection with that certain Business Incentive Agreement entered into by the Parties on 2012 (the",6�� ). Reporting Period: November 1, _ through October 31, W yip - Number of full-time HEB workers (as Full-time Employees determined by HEB) employed at the bakery and distribution facility located on McCam is- ll Road in: Corpus Christi, TX (the "Manufacturing Facifty") as of October 31. Total capital investment made by HEB in the Capital Investment, if any= Manufacturing Facility (including equipment) during the above reporting period. NMOMMORM 1. The total i® (both full and part-time employees) ♦ the Manufacturing Facility for the above described Reporting Period was $ including both wages and benefits paid to employees. 2. Full-time HEB employees of the Manufacturing Facility were offered or provided a healtt, insurance program as a benefit. 1 All full-time employees of the Manufacturing Plant earned a salary or cash hourly wage which, on an annual basis, exceeds the Department of Health and Human Services Poverty Guidelines poverty level for a family of three during the preceding Reporting Period. I DO HEREBY CERTIFY THAT ALL STATEMENTS MADE BY ME IN THIS REPORT UNDER THE HEADING "CERTIFIED INFORMATION" ABOVE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIFF, FURTHER, I UNDERSTAND THAT IN THE EVENT THAT I HAVE KNOWINGLY AND WILLFULLY MADE ANY FALSE STATEMENTS OR IF, UPON EXAMINATION OF THE RELEVANT RECORDS BY THE CITY OR DESIGNEE THE DATA IN THIS REPORT IS DETERMINED TO BE INACCURATE, HEB MAY BE HELD IN DEFAULT OF THE AGREEMENT. #165638 06200T918 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ( "the Act "), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, HEB Grocery Company, LP ( "HEB ") has submitted a proposal to the Type A Corporation for a $850,000 grant for repairing McCampbell Road in front of their existing manufacturing and distribution facilities; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund HEB's repair of McCampbell Road in front of their existing manufacturing and distribution facilities; and WHEREAS, the Type A Corporation, HEB has executed a business incentives agreement for the creation and retention of jobs related to HEB repair of McCampbell Road in front of their existing manufacturing and distribution facilities; and In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Page 1 of 3 Type A Project Service Agreement - HEB 10 30 12 HEB related to HEB's repair of McCampbell Road in front of their existing manufacturing and distribution facilities in Corpus Christi ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Type A Project Service Agreement - HEB 10 30 12 The City of Corpus Christi Ronald L. Olson City Manager Date: Attest Armando Chapa City Secretary Type A Project Service Agreement - HEB 10 30 12 Corpus Christi Business & Job Development Corporation Robert Tamez President Date: Page 3 of 3 aSC o° AGENDA MEMORANDUM NaRa ©aa First Reading for the City Council Meeting of January 22, 2013 ss Second Reading for the City Council Meeting of January 29, 2013 DATE: January 14, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Execute Construction Contract Bayfront Seawall Repairs 2012 :1 CAPTION: Ordinance appropriating $4,000,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for approved Seawall Maintenance Projects; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $4,000,000; and authorizing the City Manager or designee to execute a construction contract with Structural Concrete Systems, LLC from Magnolia, Texas in the amount of $515,256.50, for the Bayfront Seawall Repairs 2012. PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with Structural Concrete Systems, LLC for the Bayfront Seawall Repairs 2012 project. BACKGROUND AND FINDINGS: The project consists of repairs along the City of Corpus Christi Seawall, Lawrence Street T -Head, and Coopers Alley L -Head. These include concrete crack repairs on McGee Beach access ramp, seawall panels 4 through 79, front wall cap (3 locations), and concrete apron paving at the Art Museum; concrete spall repairs at Lawrence Street T -Head and Coopers Alley L -Head front wall cap face; concrete spall repairs with exposed reinforcing on front wall cap (17 locations); replacement of a section of railing at Art Museum, replacement of timber pile at panel 223, storm water outfall penetration box tops (16 locations), replacement of damaged /missing timber fenders, missing front wall check valves (10 locations), and expansion joints repairs at panels 131 through 231. On November 14, 2012, the City received proposals from four (4) bidders and their bids are as follows: Contractor Bid Barcom Construction, Inc. $665,275.96 Corpus Christi, Texas Delta Prime Specialty Services, Inc. $918,395.00 Corpus Christi, Texas Structural Concrete Systems, LLC. $515,256.50 Magnolia, Texas Safenet Services, LLC. $999,996.57 Corpus Christi, Texas K: \ENGINEERING DATAEXCHANGE\LYNDA\LEGISTARTY 13 \1 -JAN 22 \SEAWALL REPAIRS \MEMO - SEAWALL REPAIRS.DOCX ALTERNATIVES: 1. Execute the Construction Contract with Structural Concrete Systems, LLC as proposed. 2. Do not execute the Construction Contract with Structural Concrete Systems, LLC (not recommended) OTHER CONSIDERATIONS: Seawall Maintenance is needed to protect the structural integrity of the Seawall System. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process and the FY2012 -2013 Capital Budget and conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $150,900.00 $1,444,000.00 $1,594,900.00 Encumbered /Expended $150,900.00 $0.00 Amount This item $515,256.50 $515,256.50 Future Anticipated $117,220.85 $117,220.85 Expenditures This Project BALANCE $0.00 $811,522.65 $0.00 $811,522.65 Fund(s): Sales Tax Proceeds (Type A Board) Comments: This project is being funded by Sales Tax proceeds approved by the Type A Board on March 30, 2009. This project was one of several projects approved by the board for future consideration by City Council. Over the course of the next two years, Council considered and discussed which projects they would act on and approve for subsequent Capital Improvement Program. The city subsequently entered into a contract with HDR Engineering to complete a Seawall Assessment Report which identified needed maintenance repairs to sustain the integrity of the seawall system. In April 2012, Council awarded a design contract to HDR Engineering to address these improvements. This construction contract award will provide construction services to complete the repairs. RECOMMENDATION: City Staff recommends the approval of the Construction Contract with Structural Concrete Systems, LLC. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint K: \ENGINEERING DATAEXCHANGE\LYNDA\LEGISTARTY 13 \1 -JAN 22 \SEAWALL REPAIRS \MEMO - SEAWALL REPAIRS.DOCX PROJECT BUDGET Bayfront Seawall Repairs Project No. E11090 Future Item January 22, 2013 Action Item January 29, 2013 FUNDS AVAILABLE: Seawall CIP Fund ................................................... ............................... $1,594,900.00 Total ..................................................................... ............................... $1,594,900.00 FUNDS REQUIRED: Construction (Structural Systems, LLC.) .................. ............................... $515,256.50 Contingencies ( 10%) ................................................ ............................... 51,525.65 Consultant Fees: Consultant (HDR Engineering, Inc.) ............................ ............................... 150,894.00 Geotechnical & Construction Materials Testing ( Estimated ) ............................ 6,440.71 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin ) .......................... 14,169.55 Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt ) ............................. 18,033.98 Construction Observation Services ............................. ............................... 18,033.98 Finance Reimbursements ......................................... ............................... 6,440.71 Misc. (Printing, Advertising, etc.) ................................ ............................... 2,582.28 Total.................................................................... ............................... $783,377.35 Estimated Project Budget Balance .............................. ............................... $811,522.65 J: \LEGISTARTY 13 \1 -Jan 22 \Seawall RepairsTrojed Budget - Seawall Repairs =ile : \Mproject \counc M 624 AGNES ST. hibits \exhE1 1090.dwg NUECES I?Ay FOp R ROAD `0'r o ch °0 e �H37 - a a AGNES AGNE HWY 44 � w INTERSTATE 37 PROJECT # E11090 o a a C O A OyJ h R } 4tf McGL01N RD. ��� W" POINT �a LOCATION MAP NOT TO SCALE 1/ SHIP CHANNEL fi, A. 11E PORT AVE kt X row £ 0' l £ X £ s 4 4 F ,. s } ^,m,,,M ^„„q t d {''t1 I X I y s { s�l £F21( trrr:'. g )l .".. F S 4 iff $ t it p f .f.. ( 3a. 1 ., rr SITE LOCATION_ NOT TO SCALE CORPUS N C HRI.STI 23AY PROJECT LOCATION PROJECT SITES I I CORPUS CXRIS71 P_ay CITY COUNCIL EXHIBIT SEA WALL REPAIRS DEPARTMENT OF NGIN CHRISTI, SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance appropriating $4,000,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for approved Seawall Maintenance Projects; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $4,000,000; and authorizing the City Manger or designee to execute a construction contract with Structural Concrete Systems, LLC from Magnolia, Texas in the amount of $515,256.50, for the Bayfront Seawall Repairs 2012. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $4,000,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund is appropriated and transferred and appropriating into the No. 3272 Seawall CIP Fund for the approved Seawall Maintenance Projects. SECTION 2. The FY 2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase expenditures by $553,839.90. SECTION 3. The City Manager or designee is authorized to execute a Contract Contract with Structural Concrete Systems, LLC from Magnolia, Texas in the amount of $5153,256.50 for the Bayfront Seawall Repairs 2012 Project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance to appropriate from Type A - Seawall Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance to appropriate from Type A - Seawall day of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor O . � N 4� � N V � O � U �, N � C U W N A 1�1 1 1� O 1 • ry W �1 0 • ry !V• 1�1 �1 0 ^Olma AV, 1 1�1 a co L C U W A 1�1 1 1� O 1 • ry W �1 0 • ry !V• 1�1 �1 0 ^Olma AV, 1 1�1 a co Kil If 3 L Q u W Kil M M } -.0, ar, } O Kil ,bus c� G� 0 � AGENDA MEMORANDUM Na pdfl p First Reading Ordinance for the City Council Meeting of January 22, 2013 xss Second Reading Ordinance for the City Council Meeting of January 29, 2013 DATE: January 2, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha cctexas.com (361) 826 -3932 Acceptance of a non - solicited grant from Christus Spohn Hospital in the amount of $134,395.95 for the purchase of five Zoll X- series defibrillators. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Christus Spohn Hospital Corpus Christi in the amount of $134,395.95 for the purchase of five Zoll X- series defibrillators and its accessories; and Appropriating the $134,395.95 in the Fire Grant Fund No. 1062. PURPOSE: The purpose of the one -time grant /donation is to purchase 5 Zoll X- series defibrillators and to place them on 5 medic units in service. The new defibrillators will be able to send a digital picture of the patient's heart to the cardiologist at the hospital. This will allow the cardiologist to make quicker diagnoses and better prepare for the arrival of the patient. BACKGROUND AND FINDINGS: This is a one -time non- solicited grant from Christus Spohn Hospital Corpus Christi. ALTERNATIVES: Not accepting the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval needed to accept grant. EMERGENCY /NON- EMERGENCY: Non - emergency First reading DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Q Encumbered 1 Expended Amount 0 This item $134,395.95 $134,395.95 BALANCE $134,395.95 $134,395.95 Fund(s): 1082 Fire Grant Fund Comments: None RECOMMENDATION: Staff recommends approval of the ordinance to accept a grant from Christus Spohn Hospital Corpus Christi in the amount of $134,395.95 for the purchase of five Z011 X- series defibrillators and its accessories. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Grant Award FA I loop al t; U-I)uS Christi X9emorial • Shoreline • Sewlh December 12, 2012 Mickie Flores, EMT -P Battalion Chief, EMS Division City of Corpus Christi Fire Department 2406 Leopard Street, Suite 200 Corpus Christi, Texas 78408 Battalion Chief Flores: CHRISTUS Spohn Health System would like to donate $134,395.95 to the Corpus Christi Fire Department for the purchase of five (5) toil X- series defibrillators and its associated connectors, sensors and batteries. CHRISTUS Spohn recognizes the importance of this enabling technology for the community. We are proud to be able to make this cash donation to the Corpus Christi Fire Department. Every healthcare facility emergency room that serves the emergent needs of our community in South Texas appreciates the excellent service and patient care provided by the CCFD EMS. Once you have completed your internal approval process to accept our cash donation, we will process the check in accordance to your directions. The attached quote from Zoll indicates the model number and associated equipment that we used to determine the amount of our donation. I look forward to hearing from you. Regards, J Paul Gaden Vice President /Chief Operating Officer CHRISTUS Spohn Hospital Corpus Christi — Memorial CHRISTUS Spohn Hospital Corpus Christi — Shoreline 2606 Hospital Boulevard I Corpus Christi I TX 78405 Tel 361.902.4000 1 Fax 361 .902.4949 Ordinance Authorizing the City Manager or designee to accept a grant from the Christus Spohn Hospital Corpus Christ! in the amount of $134,395.95 for the purchase of five Zoll X- series defibrillators and its accessories; and Appropriating the $134,395.96 in the Fire Grant Fund No. 1062. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Christus Spohn Hospital Corpus Christi in the amount of $134,395.95 for the purchase of five Zoll X- series defibrillators and its accessories. SECTION 2. That $134,395..95 grant is appropriated from the Christus Spohn Hospital Corpus Christi in the No. 1062 Fire Grant Fund, for the purchase of five Zoll X- series defibrillators and its accessories, That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of January 22, 2013 1852 Action Item for the City Council Meeting of January 29, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Navigation Boulevard from Up River Road to Leopard Street Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $792,350.00, for Navigation Boulevard from Up River Road to Leopard Street for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with LNV, Inc. for Navigation Boulevard from Up River Road to Leopard Street. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair and capacity expansion of the existing four lane roadway to a five lane roadway (four travel lanes and continuous center left turn lane) to conform to the A -1 Arterial designation of the current Urban Transportation Master Plan (UTMP). A wider paved shoulder will be provided as a bike route. Improvements will include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). LNV, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with LNV, Inc. as proposed. 2. Do not execute the Contract for Professional Services with LNV, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. LNV, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department MIS Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,388,000.00 $5,712,000.00 $7,100,000.00 Encumbered / Expended Amount This item 718,412.52 73,937.48 792,350.00 Future Anticipated Expenditures This Project 669,587.48 5,628,962.52 6,298,550.00 BALANCE $0.00 $9,100.00 $9,100.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $792,350. This amount will be funded over two years, with FY 13 funding in the amount of $718,412.52, and FY 14 funding will be required in the amount of $73,937.48 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with LNV, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint PROJECT BUDGET ESTIMATE Navigation Boulevard from Up River Road to Leopard Street Project No. E12090 Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 PROJECT FUNDS AVAILABLE: Bond 2012 ......................................................................... ............................... $4,000,000.00 Water CIP .................................................. ............................... 520,000.00 Wastewater CIP .......................................... ............................... 440,000.00 Storm Water CIP ......................................... ............................... 2,040,000.00 Gas CIP ..................................................... ............................... 50,000.00 MIS CIP ..................................................... ............................... 50,000.00 Total Utilities ....................................................................... ............................... 3,100,000.00 PROJECT TOTAL ............................................................... ............................... $7,100,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................ ............................... 4,615,909.09 Contingencies ( 10%) ............................................................ ............................... 461,590.91 Land Acquisition (preliminary estimate) 330,000.00 Consultant Fees: Consultant (LNV, Inc.) .......................................................... ............................... 792,350.00 Geotechnical Study & Testing ( TBD) ...................................... ............................... 127,800.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ....... ............................... 88,750.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 603,500.00 Finance............................................................................ ............................... 35,500.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 35,500.00 TOTAL ............................................................................. ............................... $7,090,900.00 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $9,100.00 CITY COUNCIL EXHIBIT NAVIGATION BOULEVARD FROM CITY OF CORPUS CHRISTI, TEXAS UP RIVER ROAD TO LEOPARD STREET DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and LNV. Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Navigation Boulevard from Up River Road to Leopard Street (Project No. E12090) — The scope of this project includes full -depth repair and capacity expansion of the existing four lane roadway to a five lane roadway (four travel lanes and continuous center left turn lane) to conform to the A -1 Arterial designation of the current Urban Transportation Master Plan (UTMP). A wider paved shoulder will be provided as a bike route. Improvements will include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-11", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. ConbW for Engineering (AIE) Semoes Page 1 of 3 K\ENGINEERING DATAEXCWWGEUENNIFER %STREETS%E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $792,350.00, (Seven Hundred Ninety Two Thousand Three Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) C3`T_. 4110 The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Cmbvd for Engii�M (AIE) SwWces Pegs 2 of 3 MENGINEERING DATAEXCHANGEIJENNIFER %STREETS%E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2D12)%CONSULTANT CONTRACT MONTRACT. DOC All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. A/E further agrees, in compliance with City of Corpus Christ! Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager it Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Z F =a To "t r=-5=VM#2Z1M3Z =,. LWI President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax -ate 'A Fund Source No. T • $395,687.00 Wastewater . . . ...... ... . . 196,725.52 Storm Water 550950-3496-00000-El 2090 MEN I wow 550950-4092-00000-El 2090 550950-4556-00000-El 21f,641 $792,350.00 FWTV MN 1*01- 1 Contract for Engineering (A/E) Services Page 3 of 3 MENGINEERING DATAEXCHANGEUENNiFERISTREETS\E1 2090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)XCONSULTANT CONTRACMCONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET PROJECT NO. E12090 BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations, if available. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. 1) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K1Engineering Dataacha %e%JENNIFER%STREETS%E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)%CONSULTANT CONTRACTExhibk Adx engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as TxDOT, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. WE to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 KlEngineering DataExeMngeUENNIFER %STREETS5E12080 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRACTtExhibit Adx C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 22"x 34" 24N 362, plan sheets that can be reduced to 11 "x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2, Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and half-size Nll`,,�4e hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive SummarN'which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. D Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 K1En,gineering Data ExchangeUENNIFERkSTREETS%EI2090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)4CONSULTANT CONTRACnExhibitAdoc m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory test reports. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 MEnghoodng DataExdmngeUENNIFERGTREETS %E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRACT1FtuWt Adoe determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City. PF """09 g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CARD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1 Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: b. TxDOT utility - �, d,enyif�q men+4l permits, e. TlPDES N ' P4)E-S Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments it EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K4Englneerinq DataExchangelJENNIFER\STREFT$kel2O9O NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)NUONSULTANT CONTRACnExhibit A.doc 2. Right-of-Way (ROW) Acquisition Survey and Parcel Descriptions. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. e) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 3. Topouraphic Survey o Qom' _ All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 MEngineering DateExchange %JENNIFER%STREETS1E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRACTtExhlbIt Adx j) Locate and identify trees, at least five inches in diameter within the apparent ROW. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- 1, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 KkEngineering DataExchangeUENNIFER\STREETS\EI2090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)NCONSULTANT CONTRACTIExhibit Adoc V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1 " Task List does not supersede Exhibit "A". 14MM11,1111111 Date Activity January 14, 2013 NTP March 25, 2013 Draft ELR submittal April 8, 2013 City Review May 13, 2013 Final ELR submittal August 12, 2013 60% Design Submittal August 26, 2013 City Review November 4, 2013 100% Final Submittal November 18, 2013 City Review December 9, 2013 Advertise for Bids January 6, 2014 Pre-Bid Conference Janus ry15,2014 Receive Bids March 12, 2014 Contract Award April 28, 2014 Begin Construction October 27, 2015 Complete Construction Ill. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K]Engineering DataExchangelJENNIFER\STREETS\EI2090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2{ 12)=NSULTANT CONTRACTExhibit A.doc expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with Cites concurrence) of the�roortion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. °Additional Services," the City will paythe A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $ 146,774.00 2. Design Phase $ 256,824.00 3. Bid Phase $ 9,730.00 4. Construction Administration Phase $ 44,856.00 Subtotal Basic Services Fees $458,184.00 Additional Services Fees (Allowance) 1. Permit Preparation $ 17,050.00 Survey and Parcel Descriptions 2. ROW Acquisition Sur $ 90,450.00 3. Topographic Survey $ 97,538.00 4. Environmental Issues $11,076.00 5. Public Involvement $ 21,096.00 6. Subsurface Utility Investigation $ 87,300.00 7. Construction Observation Services To Be Determined 8. Start-up Services N/A 9. Warranty Phase $ 9,656.00 Sub -Total Additional Services Fees Authorized $ 334,166.00 Total Authorized Fee $ 792,350.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 K1Engwmnng Da1aExchaWUENNIFERISTREETM12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)=NSULTANT CONTRACM -4dbit A.doc EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET PROJECT NO. E12090 BOND ISSUE 2012 Basic Services 1) Project limits include Navigation Boulevard from the south edge of pavement of Up River Road to the north edge of pavement of Leopard Street, excluding the right -of -way limits of US 37. These limits involve the existing right -of -way plus acquired parcels of lots to facilitate the street and pedestrian improvements. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the engineering letter report and construction drawings. 3) Contact Texas 811 system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the draft engineering letter report including data collected, preliminary drainage calculations, roadway alignment, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final engineering letter report. Obtain approval to proceed to Design Phase. 8) Participate with staff at three (3) public information meetings (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Prepare hydraulic analyses based on 25 -year and 100 -year design storm return frequency runoff coefficients, time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. Hydraulic gradient will be reflected in the construction drawings. EXHIBIT "A -1" P age 1 of 6 MENGINEERING DATAEXCNANGEUENNIFER %STREETSXE12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRACTWXNIBIT A- 1.DOC 10) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary/ Drawing Legends • Existing and Proposed Street Sections • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Drainage Area Map • Baseline Alignment Sheet • Drainage Channel Plan & Profile • Water and Wastewater Plan & Profile • Water and Wastewater Details • Wastewater Laterals • Street and Storm Water Plan & Profile • Storm Water Laterals • Street and Paving Details • Curb, Gutter and Sidewalk Details • Driveway Details • Curb Ramp Details • Storm Water Details • Pavement Marking (Striping) Plan • Signage Plan • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Details • Miscellaneous Details • Traffic Control Plan and Construction Sequencing • Traffic Control Sections and Details • Barricade and Construction Standards 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement "A -1" =EXHIBIT of6 MENGINEERING DATAEXCHANGEUENNIFERISTREETS1E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012) \CONSULTANT CONTRACTIEXHISIT A- I.DOC • Proposal /Disclosure Statement • Performance Bond • Payment Bond 13) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting 60% design development of the contract drawings and list of specifications. 14) Address comments received from the City for the 60% design submittal. 15) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 16) Address comments received from the City for the pre -final submittal. 17) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 18) Update the opinion of probable construction costs. 19) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 20) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Provide Construction Administration Phase Services in accordance with Exhibit'A' of the Contract for Professional Services. Attend bi- weekly construction progress meetings. Provide an average of 3 hours/week of construction administration services for the anticipated 18 months of construction. 22) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by before the last Wednesday of each month. 23) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. A spare conduit for City MIS will be included if requested by the City. =EXHIBI "A -1" of 6 KIENGINEERING DATAEXCHANGEWENN IFER\STREETS1E12D90 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRAMEXHIBIT A- 1.DOC Additional Services PERMIT PREPARATION 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. The permits anticipated for this project are identified in Exhibit'A' of the Contract for Professional Services. RIGHT -OF -WAY ACQUISITION SURVEY 1) Establish limits of work area and obtain available reference maps and reports. 2) Research City rights -of -way, easements and property boundaries. 3) Research adjacent subdivision plats. 4) Locate and tie-in street right -of -way. 5) Establish project baseline. 6) Identify parcels required for right -of -way acquisition (fee based on 54 parcels). 7) Prepare metes & bounds descriptions for right -of -way acquisition parcels. 8) Stake boundaries for right -of -way to be acquired. 9) Provide exhibits for right -of -way acquisition. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. 9) Locate and tie-in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. KIENGINEERING DATAEXCHANGEUENNIFERISTREETS %E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)ICONSULTANT CONTRACTIEXHIBrf A- 1.D0C EXHIBIT "A -1" Page. 4 of 6 ENVIRONMENTAL ISSUES 1) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. PUBLIC INVOLVEMENT 1) Assist the City in preparing notices, handouts and exhibits for the public information meetings. 2) Assist the City in conducting the public information meetings (three maximum). 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address minor citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) in accordance with "ASCE Standard C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ". It is anticipated that 15 bore holes will be required to identify the underground utilities associated with this project. CONSTRUCTION OBSERVATION SERVICES SCOPE AND FEE TO BE DETERMINED START -UP SERVICES NOT APPLICABLE WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note observed defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. =EXHIBIT " M R1 of6 KIENGINEERING OATAEXCWWGEUENNIFERISTREETS %EI2090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)1CONSULTANT CONTRAMEXHIBIT A- 1.DOC Specifically Excluded from Scope and Budget (to be investigated in the ELR to possibly be included in final design) The following tasks and project elements are currently not included in the project scope of work, project budget, and LNV's engineering fees: 1) Sanitary sewer investigation. 2) Bicycle lanes. 3) Street improvements in IH 37 (TxDOT) right -of -way. 4) Traffic signalization improvements. 5) Compliance with 2009 Draft Storm Water Master Plan Map. 6) Offsite storm water, wastewater and waterline improvements. =EXHIBIT " M of6 K-TNGINEERING DATAEXCHANGEUENNIFER %STREETS1E12090 NAVIGATION BLVD UP RIVER TO LEOPARD (BOND 2012)%CONSULTANT CONTRACTEXHIBIT A- 1.DOC EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "n3" Pagel of C:1Us=NennifertlAppDataUmcalWic osoftlWmdowslTenWorary lntemet Files1ContentOudook1G4N0QWdli14 EXHIBIT B INDEMNIFICATION - OCT 2010.doac C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 C: Wsers* mi ferr%AppData%LoeallMiuosWWndows \Temporary Intemet FiWslContentOudo0k1G4N00WJH44 EXHIBIT 8 INDEMNIFICATION - OCT 2010.doa H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage Is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 C:1USers" miferAAppDataU- ocaMAiaosoR \Windows \Temporary Intemet RIe6lConteM.OutlooMG4N0OWJHW EXHIBIT B INDEMNIFICATION - OCT 2010.docx m m o � g� E (1 E CL V o � N m V U. a m a m a w w Go c n, to 0. c a _ m N= a m m c r c c m¢ a Z m a LL JS m c w d m .. v :_ 0 M IL0 C.) 0 ca Qam� au w a'�a1°a�I- EXHIBIT "C" Pa e 1 of 1 m o � N O � o G O O d— O O O N N O Is— O o W Z p 0 0 5 H VN�W 5Q 0 0p 0 r cLq O si s &.0 Z LU et`�tt�p G J c r 0 z 0�00� � V �O ° V �° � �° H H ° ° C O V N m V U. a m a m a w w Go c n, to 0. c a _ m N= a m m c r c c m¢ a Z m a LL JS m c w d m .. v :_ 0 M IL0 C.) 0 ca Qam� au w a'�a1°a�I- EXHIBIT "C" Pa e 1 of 1 Mggg N O O O O O O O O O O N N °080,08 O o O°° O O p p 0 0 5 5Q 0 0p 0 0O cLq O si s on � et`�tt�p a 0�00� � �O ° °pDp� ° �° � �° H H ° ° °LO Ofd O O O O O O � �O O O O O O O p p O O G G O O 0 0 0 0 0 0 C m �� r r T- 00000 °Ct�•t� g � 4 gN�CGG^ ° [D � � � � °�� N N N � 40P � � !_ � � 4 40 ° N ° m m m m m m N N O O N N ° N V-7 � � � �HF-H A A � � V VOf 20000 8 8 eH N N° D D ca M M t to 8 N N N N O ° °° w w M M m m O O 0 01118 0 0 0 � �iJ � N N N � �Op O ( N N 6 6s U. a m a m a w w Go c n, to 0. c a _ m N= a m m c r c c m¢ a Z m a LL JS m c w d m .. v :_ 0 M IL0 C.) 0 ca Qam� au w a'�a1°a�I- EXHIBIT "C" Pa e 1 of 1 i�b SUPPLIER NUMBER TO BE ASSIGNED BY rr -!'-' PURCHASING DIVISION City of CITY OF CORPUS CHRISTI us Chfisti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner F] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N.A. 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Dan S. Leyendecker Marina Advisory Board 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the supject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named `arm." Name Consultant N.A. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, VX-.) Title: President (Type or Print) b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas, f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. O V V 4� �O P� q-R N" o u { y � X U u F07 cv U w � a� U Yd O V V 4� �O P� q-R N" o u { y � X U u F07 cv Q) n� V .i--� V 4-) O N ca s O C: N O O M U ca 0 22 N �U C: C . 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N 0 o o 00 p p p 000 N a as �' -ul�- O N O \.O O p \.O O M C, 0\ 00 O W W M N p 00 O 00 n L� � N N 00 4 M � N N (.� W C% A Z O a � W Q x0 � Q 5 U c a) cn w `�' cz `�' o1) cn cn w �:i z 6k W j cn z C7 O a) W Q x a W Q x tk U Q Z W 0 a DO o O cz .a cz z Un O N cz cC 0 O .+ S— O 3 c� Q cz o Un C) cz O H0 a a--+ a--+ cn 4-j cz 07 ro a--+ cn 4-j cz 07 0� ° O Z O .a 0 -� Un Un O O 'a O o x .a O ) x� lf) " O cz 3 ro PO O +-+ H a� Q o � O O N CZ a N o cz cn cz U a *ty � U cd 0 U _N b.0 cd cd rd N rd 3 cd N cd 1- U cn +1 U C� S- j O U Ste" b.0 N _N a1 O 9 Ste" a U b.0 O a t r. cu N O cd U rd cd N O N rd O N U N b.0 f U N •O a N Kii Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of January 22, 2013 1852 Action Item for the City Council Meeting of January 29, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Execute Contract for Professional Services South Alameda Street from Ayers Street to Louisiana Avenue Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $575,957.00, for South Alameda Street from Ayers Street to Louisiana Avenue for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with HDR Engineering, Inc. for South Alameda Street from Ayers Street to Louisiana Avenue. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair of the existing roadway section, which varies between a four lane A -2 Arterial roadway which has four travel lanes and dividing median (in the Six Points Area) and an A -1 section (four travel lanes and continuous center left turn lane) for the remaining portion to conform to the A -1 Arterial designation of the current Urban Transportation Master Plan. (UTMP) Other street improvements include sidewalks, ADA ramps, curb and gutters, bus stop rehabilitation and pavement markings and bike lane. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP. HDR Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of Request for Qualifications (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. HDR Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department MIS Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue 17ICaoital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $926,000.00 $4,174,000.00 $5,100,000.00 Encumbered / Expended Amount This Item 528,013.00 47,944.00 575,957.00 Future Anticipated Expenditures This Project 397,987.00 4,115,513.00 4,513,500.00 BALANCE $0.00 $10,543.00 $10,543.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $575,957. This amount will be funded over two years, with FY 13 funding in the amount of $528,013, and FY 14 funding will be required in the amount of $47,944 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint PROJECT BUDGET ESTIMATE South Alameda Street from Ayers Street to Louisiana Avenue Project No. E12091 Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 PROJECT FUNDS AVAILABLE: Bond2012 .......................................................................... ............................... $2,300,000.00 Water CIP .................................................. ............................... 299,000.00 Wastewater CIP .......................................... ............................... 253,000.00 Storm Water Cl P ......................................... ............................... 2,173,000.00 GasCIP ..................................................... ............................... 37,500.00 MISCIP ..................................................... ............................... 37,500.00 Total Utilities ........................................................................ ............................... 2,800,000.00 PROJECT TOTAL ................................................................ ............................... $5,100,000.00 FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... 3,477,272.73 Contingencies ( 10%) ............................................................. ............................... 347,727.27 Consultant Fees: Consultant (HDR Engineering, Inc.) ......................................... ............................... 575,957.00 Geotechnical Study & Testing ( TBD) ........................................ ............................... 102,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ........ ............................... 76,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ........... ............................... 459,000.00 Finance.............................................................................. ............................... 25,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 25,500.00 TOTAL.............................................................................. ............................... $5,089,457.00 ESTIMATED PROJECT BUDGET BALANCE ........................... ............................... $10,543.00 \ Mproject \councilexhibits \exhEl2091 dwg U Ship N �h H 37 CORP2LS C9 (RIS T 1;_q y AGNES PROJECT MORGAN LOCATION P BEAR 93 S W. POINT =��O Gpllly9R M�9,p IIIF �ti � °lllyq� �OZ�O yoll Y /04 F LOCATION MAP NOT TO SCALE PROJECT M12091 SOUTH ALAMEDA STREET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FROM AYERS TO LOUISIANA AVENUE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR Engineering. Inc., a Texas corporation, 555 North Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT South Alameda Street from Avers Street to Louisiana Avenue (Project No. E12091) — The scope of this project includes full -depth repair of the existing roadway section, which varies between a four lane A -2 Arterial roadway which has four travel lanes and dividing median (in the Six Points Area) and an A -1 section (four travel lanes and continuous center left turn lane) for the remaining portion to conform to the A -1 Arterial designation of the current UTMP. Other street improvements include sidewalks, ADA ramps, curb and gutters, bus stop rehabilitation and pavement markings and bike lane. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /ICSP. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (AIE) Services Page 1 of 3 K %ENGINEERING DATAEXCHANGEUENNIFER %STREETS%E12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $575,957.00, (Five Hundred Seventy -Five Thousand Nine Hundred Fifty -Seven Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Con"d for Engineering (AIE) Services Page 2 of 3 K%ENGINEERING DATAEXCHANGEUENNIFER %STREETS1E72091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. lJOT 11111 kWOT: 00] q. a; me] M 1 1.1 &t I I Oscar R. Martinez, Date Assistant City Manager 1'r i ! �i Daniel Biles, P.E., Date Director of Engineering Services Office of Management Date and Budget FAIMM Armando Chapa, City Secretary -12- -F4 Carl E. Crull, P.E., Date Vice President 555 North Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Office (361) 696-3385 Fax ENTERED npr I �q 2012 56Z � 1,111�1�U I MANAGER 9171111101121tin- =31711T-1191111 1711MI lk=43 mis Fund Source 11o. 1767 5 509 5 0-3 54 9-0 0 0 0 0- E 12 091 $290,710.00 Wastewater !• i0!! M' 1 ids to Storm Water 550950-3496-00000-E12091 163,303.00:: 550950-4092-00000-E12091 $575,957.00 Encumbrance No. Contract for Engineering (A/E) Services Page 3 of 3 K\ENGINEERING DATAEXCHANGEQENNIFERkSTREETSV 2091 S ALAMEDA-AYERS TO LOUISIANA (13OND 2012)kCONSULTANT CONTRAC-RCONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SOUTH ALAMEDA STREET FROM AYERS STREET TO LOUISIANA AVENUE PROJECT NO. E12091 BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K1Engineering DateExchangeUENNIFER %STREETM12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)1CONSULTANT CONTRACTIExhlbft Adoc 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CD13G, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and pp/ for the intended purpose of this project. Any 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 K\Engheedng DataExchangeUENNIFER\STREETS\EI2091 S ALAMEDA-AYERS TO LOUISIANA (BOND 2012)4Exhibit A.dcc b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) PFevide ene (4) set of the pre final plans and bild doeuments 0 submittal h) Held PFejeat 0 i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 MEnginearing DataEwd uwWUENN[FER\STREETS1E12091 S ALAMEDA -AVERS TO LOUISAM (BOND 2012)XE411bit Adoc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 K1Ej4nearing DataE =hangeXJENNIFER%STREE- rMI2091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)1Exhibit Adoc d) Provide interpretations and clarifications of the contract documents for the Contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. , tape -area C. e. AI1210CQ PAr-Mit'AmenAm eMe (ineludiRg SSG, NO! NOT-) f Texas r.+mmissien ei Cn\ /IMe RM'a R "W Quality (T-GF= ) PeFmit6hAtF +eRd .heat h. i. j. EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K- TAgineedng DataExchangeUENNIFERISTREETS1E12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)16fiibft Adoc L d c EAVIRGRMeY"W PFeterAien AgeRGy (WSEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas GeeeFal I aF;d Q (fire (T-G Q) n. 2. Right -of -Way (ROW) Acauisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. b) , A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. and PFGpesed ROW. ThiS pFeliffiffiRaFy base FAap must show let OF pFopeFty , 3. Toaoaraahic Survey and PaF881 DOSGIFooteeng All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 K1Er4nw ing DataExchangaUENNIFER %STREETS%E12681 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)XExhibit Adoc 4. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investieation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K%Engineering DataExchangeUENNIFER \.STREETSTE12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)Txhiblt Adx u n amel far. tion only. All existing Must he shown. O 4. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investieation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K%Engineering DataExchangeUENNIFER \.STREETSTE12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)Txhiblt Adx vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity Jan 6, 2013 NTP April 5, 2013 Draft ELR submittal April 17, 2013 City Review April 30, 2013 Final ELR submittal September 30, 2013 60% Design Submittal October 25, 2013 City Review January 10, 2014 100% Final Submittal January 21, 2014 Advertise for Bids January 29. 2014 Pre -Bid Conference February 5, 2014 Receive Bids February 18, 2014 Contract Award April 21, 2014 Begin Construction May 30, 2015 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K\Engineering DataExchange ldENNIFER\STREETS\E12091 S ALAMEDA -AVERS TO LOUISIANA (BOND 2012)1Exhibit Ad0C appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. FGF seFviGes PFGyided in Seeti8A I.A.4, the statement will be based upon pellevent of semplefien of the GenstFustien rent City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Sum ary of Fees Basic Services Fees 1. Preliminary Phase $63,492 2. Design Phase $215,200 3. Bid Phase $14,500 4. Construction Administration Phase $69,800 Subtotal Basic Services Fees $362,992 Additional Services Fees (Allowance) 1. Permit Preparation * $5,000 2. ROW Acquisition Survey and Parcel Descriptions $24,495 3. Topographic Survey and Parcel ROW Survey * $86,480 4. Environmental Issues $0 5. a.) Public Involvement (2 Meetings) * $4,800 5. b.) Public Involvement (Comprehensive Approach) To Be Determined 5. c.) Public Involvement (Additional Tactics) To Be Determined 6. a.) Subsurface Utility Investigation $58,190 6. b.) Televise Inspection of Utility Lines $30,000 7. Construction Observation Services To Be Determined 8. Start-up Services N/A 9. Warranty Phase $4,000 Sub -Total Additional Services Fees Authorized $212,965 Total Authorized Fee $575,957 *Additional Services which are authorized upon the Director of Engineering Services' authorization of notice to proceed for Basic Services. EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 KTjVheering DataExdlengoUENNIFEMTREETS %E12091 $ ALAMEDA -AYERS TO LOUISIANA (BOND 2012)W- xhibit Ad0C EXHIBIT "A -1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS SOUTH ALAMEDA STREET FROM AYERS STREET TO LOUISIANA AVENUE PROJECT NO. E12091 BOND ISSUE 2012 I. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the South Alameda Street contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A -1" are listed as "NIA°. A. BASIC SERVICES 1. Preliminary Phase a) City Council Meeting — A maximum of 5 slides will be developed by the A/E and coordinated with City staff for presentation of the project to the City Council. b) N/A c) A/E will coordinate with City's geotechnical engineer to obtain existing pavement data and analysis. d) N/A e) N/A f) The A/E will utilize the FHWA method for life cycle cost analysis for the project. A maximum of 1 life cycle scenario will be run for the project. g) N/A h) N/A i) The drainage areas studied for the project are the current contributing areas along the centerline of South Alameda St from Ayers to Louisiana which directly drain into the existing South Alameda Street underground storm sewer. The contributing drainage areas for the Louisiana box culvert will not be analyzed. An assumed tailwater elevation for the Louisiana box culvert will be used for the design of the proposed South Alameda Street storm sewer within the previous stated limits. j) N/A k) N/A 1) N/A m) N/A n) N/A o) Construction sequencing will include the A/E developing a conceptual traffic control phasing schematic. p) N/A q) One four hour meeting is assumed for the preliminary review meeting of the draft ELR. r) N/A s) One four hour meeting is assumed for the capital project oversight committee meeting. If the capital project oversight committee meeting result in significant changes to the original scope of the project, the South Alameda Street contract will be amended to incorporate the revised scope effort. City staff will provide one set of the following (as applicable): a) N/A b) N/A EXHIBIT "A -1" Page 1 of f ICIENGINEERING DATAEXCHANGEUENNIFER %STREETSIE12091 S ALAMEDA.AYERS TO LOUISM A (BOND 2(12)ICONSULTANT CONTRACT%MIWT A_1,DOCX c) N/A d) N/A e) The City will provide more extensive GIS utility mapping beyond what is available on the City's website. f) N/A g) Schedule project review meetings and invite appropriate attendees. 2. Design Phase a) N/A b) N/A c) A/E will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view. d) 1. One traffic control plan concept will be included in the project plan set. e) N/A f) The 60% review will consist of one meeting with City staff. Additional 60% review meetings requested by City staff will require the South Alameda Street project contract to be amended to include these meetings. g) N/A h) N/A i) N/A j) N/A k) N/A 1) N/A m) N/A City staff will: a) N/A b) N/A c) N/A 3. Bid Phase a) N/A b) N/A c) N/A d) N/A e) N/A f) A maximum of five slides will be prepared and coordinated with the City for their presentation to the City Council. City staff will: a) N/A b) N/A c) N/A d) N/A 4. Construction Administration Phase a) N/A b) N/A c) N/A d) N/A EXHIBIT "A -1" KIENGINEERING DATAEXCHANGEUENNIFER ISTREETS\E12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)1EXHIBIT A- 1.DOCX Page 2 of e) Project site visits will utilize a weekly maximum of 5 hours. Any additional time spent on the project site at the request of City staff will require the project contract to be amended to accommodate the agreed upon additional hours. f) N/A g) N/A h) N/A City staff will: a) N/A b) N/A c) N/A B. Additional Services This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation N/A 2) Right -of -Way (ROW) Acquisition Survey. A/E will provide ROW acquisition surveys limited to 10 parcels. All work shall comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work shall be tied to and be in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) A/E shall obtain Preliminary Title Reports from a local title company and provide copies of the title reports to City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. b) Set property comers and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. c) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 3) Topographic Survey and ROW Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'[] Manual of Practice for Land Surveying in the State of Texas, Ninth EXHIBIT "A -1" K: ENGINEERING DATAEXCHANGEUENNIFERISTREETS1E12091 S ALAMEDA -AVERS TO LOUISIANA (BOND 2012)1EXHI0IT A- 1.DOCX Page 3 of 8 Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f)AII control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of inverts for all accessible covers for existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties, and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Generate electronic existing surface for use in project design. m) Provide traffic control with surveyor ahead warning signs, warning strobe light, and safety vests. 4) Environmental Services N/A 5) A.) Public Involvement (2 Meetings) A/E will provide public involvement services for scope stated in Exhibit °A" 1.6.5. B.) Public Involvement (Beyond Basic) Although the only requested services in Exhibit "A" 1.B.5 involve a basic approach to public involvement, the purpose of this public involvement plan is to identify and outline the goals, objectives, stakeholders, key messages and tactics that may be employed to fulfill a more rounded approach to the pre- requisite scope identified in the South Alameda Street Project (E12091) Exhibit "A" 1.6.5 by the City of Corpus Christi. Primary goal of the public meetings is to provide a platform for community engagement and information sharing during planning and construction phases of the project. Goal objectives are to inform and increase awareness early in the process and throughout the project and engage community =EXHIBIT "A -1" KIENGINEERING DATAEXCHANGEUENNIFER ISTREETSIE12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)1EXHIBITA- 1.DOCX of 8 stakeholders in useful dialogue on the planning process and construction issues as they are identified. Primary stakeholders are identified as neighborhood residents, business entities and commuters. Many influential community leaders reside in the proiect area neighborhoods therefore we recommend extending communications to street blocks directly adjacent to the Alameda proiect corridor, which consists of approximately 250 homes and 20 businesses. Although two public meetings are required, it is recommended that three public meetings be held over the course of the project due to the high concentration of residential and business properties in the project area and the high volume of downtown /uptown commuters that most likely travel through the project area frequently if not daily. Messaging will shift as the project phases progress. Initial messaging will focus on awareness of the project in the area, continuing into the design process and throughout construction completion. Public meetings should be tentatively scheduled for February 2013, May 2013 and March 2014 in alignment with the project schedule. The City of Corpus Christi will provide the following services: a) Coordinate with A/E on public meeting logistics including location, date and time. b) Compile residential and business address list and provide A/E with a copy to identify project target audience. c) Print and coordinate direct mail services for public meeting notices to identified stakeholders and residents prior to each public meeting. d) It is imperative that a media advisory be prepared to inform the surrounding areas of the public meeting since direct mail is only being distributed to the immediate proiect area. Commuters need to be aware of the project and allowed to engage in the process. The City will prepare and distribute a public meeting media advisory to local print, TV and radio media outlets prior to each public meeting. Follow -up with media on day of public meeting is recommended if coverage is desired. A/E will provide the following services: e) Draft public meeting notices as directed by City Engineering Dept. fl Identify and compile a list of project area schools, retail and business locations (in addition to the City - provided list, only if needed) to assist in promotion of the public meeting by displaying posters or distributing flyers. The public meeting must be promoted in the "places people go" on a day -to -day basis in their neighborhoods. This area also includes the Del Mar Neighborhood Association and the Six Points Business Association, which A/E will make contact with to promote the public meeting as well. Once these entities are initially identified, the only task for subsequent public meetings is delivering new promotional materials. g) Create and distribute posters and flyers to identified locations. h) Electronic communication via email is the most cost - effective method for promoting the public meetings. Continually building an email contact list and communicating with stakeholders electronically will save the City money over the course of the project. No additional time or resources will be spent to further identify email addresses that are not readily available or provided in advance. Once the City provides the residential and business address list, A/E will build an initial email list (matched from an in -house contacts database) that can be used to promote the public meetings electronically. EXHIBIT ]"A DI" KIENGINEERING DATAEXCHANGEUENNIFER %STREETS1E12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)T"[BIT A- 1.DOCX Pa e 5 i) Electronic notices will be distributed via email to the email contact list prior to each public meeting. j) Coordinate with City of Corpus Christi Engineering Dept. to promote the public meeting on the current Facebook page. k) Develop citizen comment card that can be completed and turned in at the public meeting or returned by mail. 1) Prepare one PowerPoint presentation per public meeting with a maximum of fifteen slides. m) Design and print maximum of five handouts or brochures or a combination thereof per public meeting. n) Coordinate, set -up and staff the public meeting. This includes, but is not limited to communication with personnel on location (provided by the City) regarding when to arrive, meeting set -up floor plan, ordering refreshments, work check -in table to encourage attendees to share their contact information for future electronic communications, etc. o) Public meeting follow -up tasks including, but not limited to draft and prepare meeting notes and update contact list. p) Coordinate with City of Corpus Christi Engineering Dept. for a post- meeting update on the current Facebook page. q) Follow -up and respond to citizen and business comments as needed. C.) Public Involvement (Additional Tactics) (In addition to services in 5.B.) Although the only requested services in Exhibit "A" 1.13.5 are the public meetings, we strongly recommend some additional services to provide a more comprehensive context for the street improvement project, build on the momentum of the voter - approved bond and ensure a positive perception of the project by the public at- large. Secondary stakeholders are identified as City Council, City senior staff and stakeholder organizations such as the school district, area chambers and transportation entities. Below are some additional tactics that can be added to the initial scope should the project require such services. a) Advance Communications - in advance of project commencement, send a project announcement direct mail piece to an extended area (Central Corpus Christi) beyond the project area with a call to action to go to a static one -page website with general project information and a submission form to opt -in to the mailing list or e- newsletter distribution list. b) Traditional Media Outreach - considering the high volume of commuters traveling the Alameda corridor, it is imperative to keep the community updated on project progress, closures and detours. Weekly news releases and /or media advisories will be the main source of information for majority of the community. c) Caller Times Ad promoting each public meeting. d) E- Newsletter - an electronic newsletter will be designed and utilized for the project but it is recommended that a quarterly update be sent to stakeholders in addition to e- newsletters focused on meeting announcement and follow -up. The newsletter will be distributed via email to the project area contact list and additional stakeholders in the community. e) Social Media Integration - link on micro -site to City Engineering Dept. Facebook page and develop content based on project milestones, announcements and updates. f) Project Web Site - a combined City of Corpus Christi Bond 2012 Street Improvement website is recommended. If that is not feasible, we suggest a smaller micro -site for each project requiring public involvement. Working with the City Engineering EXHIBIT "A -1" K %ENGINEERING DATAEXCHANGEUENN[FER%STREETST -12091 S ALAMEDA -AYERS TO LOUIS[ANA (BOND 2012)TXH[Brr A- 1.DOCX Pam 6 of 8 Department and MIS staff, the site(s) will have integrated features some of which may be retained by the City for use after project completion. The micro -site will be divided into the following components: i) Project home • Landing page which has overall explanation of the project and headlines /links to the most current information ii) Project Map & Schedule • Maps - construction and potential detour routes • Schedule - construction timeline & phases iii) Construction Updates As needed throughout the completion of the project. iv) Public Involvement • Meetings and presentations • List of potentially affected neighborhoods and businesses v) Newsroom • Links to current and past news releases and media advisories • Links to recent media coverage regarding the project vi) Stay informed • Register for electronic newsletter • Contact information for City Engineering Dept. 6) A.) Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Hydro Excavation — The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in five (5) specified areas through the project limit. (Quality Level A involves the use of hydro equipment at critical points or specified areas along Alameda, designated by A/E to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. The fee for hydro excavation is limited to 8 days and includes the cost for concrete /pavement cores before excavation and traffic control. The City will provide a designated disposal site for the hydro tailings (slurry from the excavated holes). ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of EXHIBIT "A -1" KIENGINEERING DATAEXCHANGEUENNIFERISTREETST12091 S ALAMEDA -AYERS TO LOUISIANA (BOND 2012)IEXHIBIT A- 1.DOCX Page' of 8 accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. v) Water — Water facilities within the project limits will be located to Quality Level A. vi) Gas — Gas facilities within the project limits will be located to Quality Level A by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. B) Televised Inspection of Wastewater and Stormwater Lines- For wastewater trunk line within the project limits, clean and televise lines. Review video tapes of the line to ascertain their condition. Based on this assessment, provide recommendations for repair, rehabilitation, or replacement. Televised inspection services are not included for lateral wastewater lines providing service to the abutting residential neighborhood. Based on the assessment of the trunk line along Alameda, A/E will provide recommendations for additional televised inspection of these lateral wastewater lines. A hydraulic assessment will be performed on the stormwater lines within the project limits to ascertain their current capacity. Based on this assessment, A/E will provide recommendations for replacement, or recommend video inspection of the stormwater lines to determine their condition. Televised inspection services for the stormwater lines are not included in the scope of this project. 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The A/E can provide a scope and fee for construction observation services if requested by the City. 8) Start -up Services — N/A 9) Warranty Phase — N/A MENGINEERING DATAEXCHANGEUENNIFERISTREETS %E12091 S ALAMEDA -AVERS TO LOUISIANA (BOND 2012)%EXHIBIT A- 1.DOCX EXHIBIT "A -1" Page 8 of 8 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE I MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COM EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pagel of 3 CWsersWnnifenWpData %LocaflMi=sotlSWndows \Temporary Internet FIIeslContent.Ou0wk1G4N0OWJN14 EXHIBIT B INDEMNIFICATION - OCT 2010.doac C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 C:% Usersyertnit enAAppDatalLo =IXM!crwoftlWmdows%Temporary Intemet FHas%ContenLOutbok1G4N0QWJH%4 EXHIBIT B INDEMNIFICATION - OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 C:l UsersVennfferAAppData %LwAWicrosoRSWmdows%Temporary Intemet FileslContentOutlooklG4NOQWJHA EXHIBIT B INDEMNIFICATION -OCT 2010.doex r Q 0 +' V � W o N O V a a oo N azz zo tl OO IL — N E 0 O Z °o v !4 " o � c � o d— O O Is W +' V � W o N O V a a oo N azz zo tl OO IL — N v V O Z °o v �v C 00000 O V i m m m 00 r O �O N O O O OO N N o °o °OC� 00000 mFm� 8°� o aLo ° LO to �0000 av�oop00� � °� c O c c a c) E E cm N g 3 E c 06 o �o E ac�imci�'n aa� +�a0((aaw corn = °o°otnoo cc $NNOmGmGQ F 1� ��Q~f N V of N csr e� dl d01 - a O N O N O m m N 0 0 VZ Q o 0 0 o fA N° p P Op P O e- � � V! fA tft o o o 0 o p p O o o o° 8 °o N � I-- I- 6 alai EXHIBIT "C" Pa e 1 of 1 N c O c c a c) E E cm N g 3 E c 06 o �o E ac�imci�'n aa� +�a0((aaw corn = EXHIBIT "C" Pa e 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BYCIT7-- PURCHASING DIVISION �w City of CITY OF CORPUS CHRISTI Co� �; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and defn3ttons. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N.A. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. 78401 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official. employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-3349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. 7WZeW � iti . Certifying Person: /T Vice-President (Type or Print) W.4X1,4z4k,1AA9r Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefif'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor_ d. "Firm," Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi.. Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. a� a� LM 4! El s 0 Ln 3 i a� Q 0 0 a� a� N L Q N O N 0 m O V V 4� �O P� q-R N" o u { y � X U u F07 cv U w � a� U Yd O V V 4� �O P� q-R N" o u { y � X U u F07 cv Q) V .i--� V O w a--+ m 0 N i ca t •— � O c " N G ca N � 22 •u C: cn C: • — :3 C: 00 U *.7j U E � O U U V (2) C: O 000 00 O E U U N W ateJ V U .Q) O O +� i C: Q, E V X U u 3 { co w � a� o= U to Q) V .i--� V O w a--+ m 0 N i ca t •— � O c " N G ca N � 22 •u C: cn C: • — :3 C: 00 U *.7j U E � O U U V (2) C: O 000 00 O E U U N W ateJ V U .Q) O O +� i C: Q, E V X U u 3 { co r� V J O U V 4� �O P� 0 0 0 0 0 0 0 U w O C O a� O 0 U Yd r� V J O U V 4� �O P� q-R V f Vl X u F07 Kii 0 0 0 0 0 0 0 M O O O O O 0 0 0 0 0 0 0 I� N O O O O O 0 0 6 0 0 6 0 N Il I, O O I, M 0 0 0 0 0 0 0 I� N w 0 0LWO 0 0 0 0Lf) Lf) 0 N I- a) OLf) Lf) O a) M M I: I: CCD) f: I: Lo N O O O O Co Lf) f• M M O 1- �T I• O 00 00 r M N N qT M Lf) Lf) O « N N L M W o Gi E 'L Q m o� Lii J m J Q Q cn Z UL o 04 C m CL V tL vU_ L a c� C cn a N C7 a cn l H 0 � _ W cn Z UL L r-• O i C 0 O Zvi V a�i C �, C •y �, C c V t V a� O c E L m Q H 2 U a J m q-R V f Vl X u F07 Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Greenwood Drive from Gollihar Road to Horne Road Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Govind Development, LLC from Corpus Christi, Texas in the amount of $390,773, for Greenwood Drive from Gollihar Road to Horne Road for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE- The purpose of this Agenda Item is to execute the Contract for Professional Services with Govind Development for Greenwood Drive from Gollihar Road to Horne Road. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair and widening the existing five lane roadway (four travel lanes and continuous center left turn lane). The existing travel lanes will be widened and reconstructed to meet the requirements of the Urban Transportation Master Plan (UTMP) A -1 Arterial designation. Other street improvements include curb and gutter, wide sidewalks, ADA curb ramps, lane striping and pavement markings, and bus stop rehabilitation. Govind Development of Corpus Christi, Texas was selected for this project as a result of Request for Qualifications (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Govind Development as proposed. 2. Do not execute the Contract for Professional Services with Govind Development as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \1- GREENWOOD \MEMO - GREENWOOD.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Govind Development was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Department Wastewater Department Storm Water Department Gas Department MIS Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $823,000.00 $2,977,000.00 $3,800,000.00 Encumbered /Expended Amount This item 376,896.00 13,877.00 390,773.00 Future Anticipated 446,104.00 2,954,896.00 3,401,000.00 Expenditures This Project BALANCE $0.00 $8,227.00 $8,227.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $390,773. This amount will be funded over two years, with FY 13 funding in the amount of $376,896, and FY 14 funding will be required in the amount of $13,877 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Govind Development. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \1- GREENWOOD \MEMO - GREENWOOD.DOCX PROJECT BUDGET ESTIMATE Greenwood Drive Improvements from Gollihar Road to Horne Road (Project No. E12092) Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 ,CZ6aJx0i111 iI91'1/_V /_11w_1:3114 Bond 2012 ............................................................................ ............................... $2,100,000.00 Water CIP .................................................... ............................... 273,000.00 Wastewater CIP ............................................ ............................... 231,000.00 Storm Water CIP ........................................... ............................... 1,071,000.00 Gas CIP ....................................................... ............................... 62,500.00 MIS CIP ....................................................... ............................... 62,500.00 Total Utilites ......................................................................... ............................... 1,700,000.00 PROJECT TOTAL ................................................................. ............................... $3,800,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 2,590,909.09 Contingency ( 10%) ................................................................ ............................... 259,090.91 Consultant Fees: Consultant (Govind Development) ............................................ ............................... 390,773.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... 76,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 57,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 380,000.00 Finance............................................................................... ............................... 19,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 19,000.00 TOTAL ................................................................................ ............................... $3,791,773.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $8,227.00 \ Mproject \councilexhibits \exhEl2092d wq -t H 37 N AGNES C3 D- ``' MORGAN C� w LO > = P O ��q'L BEAR W, POINT Q0 PROJECT PROJECT LOCATION o� �o pq�RF <F � 3 � VII LOCATION MAP NOT TO SCALE PROJECT #E12092 CITY COUNCIL EXHIBIT GREENWOOD DRIVE FROM CITY OF CORPUS CHRISTI, TEXAS GOLLIHAR ROAD TO HORNE ROAD DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Govind Development. LLC, a Texas corporation, 9359 IH 37, Suite A, Corpus Christi, Nueces County, Texas 78409, (ArchitecVEngineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Greenwood Drive from Gollihar Road to Horne Road (Project No. E12092) BOND ISSUE 2012 — The scope of this project includes full -depth repair and widening the existing five lane roadway (four travel lanes and continuous center left turn lane). The existing travel lanes will be widened and reconstructed to meet the requirements of the UTMP A -1 Arterial designation. Other street improvements include curb and gutter, wide sidewalks, ADA curb ramps, lane striping and pavement markings, and bus stop rehabilitation. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A/E) Services Page 1 of 3 K%ENGINEERING DATAEXCHANGEIVELMAP %STREETE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT GOVIND DEVELOPMEN711 CONTRACT PROFESSIONAL SERVICES.00C The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $390.773.00. (Three Hundred Ninety Thousand Seven Hundred Seventy Three Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 K%ENGINEERING DATAEXCHANGE VELMAP%STREETlE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT GOVINO DEVELOPMENTII CONTRACT PROFESSIONAL SERVICES.000 A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this; contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager N. X&I T1, 1 -1 q, A klql 161 A Daniel Biles, P. E., 'Date' Director of Engineering Services Office of Management Date and Budget .2= DER ?04" Contract for Engineering (AJE) Services Page 3 of 3 K %ENGINEERING DATAEXCHANGEtVELrAAP STREEME12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE u012=NSULTANT CONTRACT GOVIND DEVELOPMENnI CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD DRIVE FROM GOLLIHAR ROAD TO HORNE ROAD PROJECT NUMBER NO. E12092 BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within seven working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, USPS, CCISD TDLR. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, includin EXHIBIT "A" Page 1 of 9 Revised December 13, 2012 K%Engineanng DataExehango%VELMAPISTREE nE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT govind developmenQ EXHISITA LARGE AE REVISED Nov13 2012-doe engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, USPS, CCISD, TDLR. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report (30% Submittal). q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. g) Aerial Photography for the Project Area h) Provide all required data for input into life -cycle cost analysis. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and p_g& for the intended purpose of this project. AC unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised December 13, 2012 K%Engtneenng DataExchangeWELMAPISTREET ILE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 201ZCONSULTANT CONTRACT govind devolopmentu EXHIBIT A LARGE AE REVISED Nov13 2012.60c b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within seven working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. i) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. k) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT "A" Page 3 of 9 Revised December 13, 2012 KlEngineenng DataExchango %VELMAP%STREET%E12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT govind dovelopmenW EXHIBIT A LARGE AE REVISED Nov13 2012.doc The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract EXHIBIT "A" Page 4 of 9 Revised December 13, 2012 K4Engeneenng DalaEx &tange%VELMAP%STREETdEl2092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 201ZCONSULTANT CONTRACT govind developmenA2 EXHIBIT A LARGE AE REVISED Nov13 2012.doc documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments b. Texas Department of Licensing and Regulation (TDLR) 2. Right -of -Way (ROW) Acquisition Survey (To Be Determined). All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing EXHIBIT "A" Page 5 of 9 Revised December 13.2012 K%Engmeenng DataEx&.aVMVELMAP%STREET%E12O92 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 2012%CONSULTANT CONTRACT govind devekpTan112 EXHIBIT A LARGE AE REVISED Nov13 2012.doc and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topo-graphic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor$' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 4. Environmental Issues (To Be Determined). Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investination a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the EXHIBIT "A" Page 6 of 9 Revised December 13. 2012 K%Engirwnr,g DataExchango %VELMAP%STREET%E12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT govind developnsen02 EXHIBIT A LARGE AE REVISED Nov13 2012.doc horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 10. Franchise Utility Coordination. A/E to meet, coordinate, and resolve all required Franchise Utilities that are in conflict with the construction of this project. (AEP, AT &T, private gas lines, etc.) Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". EXHIBIT "A" Page 7 of 9 Revised December 13.2012 K*xQtn enng DataExcnangeWELMAP %STREETtE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT govmd dovelopmenQ EXHIBIT A LARGE AE REVISED Nov13 2012,doc II. SCHEDULE Date Activity January 21,2013 NTP March 26,2013 30% Draft ELR submittal April 2,2013 Ci Review April 23,2013 Final ELR submittal June 18,2013 60% Design Submittal July 9,2013 City Review October 8, 2013 100% Final Submittal October 22, 2013 Advertise for Bids October 23, 2013 Pre -Bid Conference November 5 2013 Receive Bids December 10,2012 Contract Award March 7, 2014 Begin Construction March 6, 2015 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -4, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 Revised December 13, 2012 K%Engmeenng DataEzehungoXVELMA' STREE nE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 20121CONSULTANT CONTRACT govind development%2 EXHIBIT A LARGE AE REVISED Nov13 2012 -doc Summary of Fees Basic Services Fees 1. Preliminary Phase $74,438.00 2. Design Phase 138,361.00 3. Bid Phase 7,292.00 4. Construction Administration Phase 23,807.00 Subtotal Basic Services Fees 243,898.00 Additional Services Fees (Allowance) 1. Permit Preparation (NTP) 7,000.00 2. ROW Acquisition Survey (NTP) To Be Determined 3. Topographic Survey and Parcel Descriptions (Authorized) 23,250.00 4. Environmental Issues (NTP) To Be Determined 5. Public Involvement (Authorized) 15,000.00 6. Subsurface Utility Investigation (Authorized) 76,125.00 7. Construction Observation Services (NTP) To Be Determined 8. Start-up Services (NTP) To Be Determined 9. Warranty Phase (Authorized) 5,500.00 10. Franchise Utility Coordination (NTP) 20,000.00 Sub -Total Additional Services Fees Authorized 146,875.00 Total Authorized Fee $390,773.00 F XHIBIT "A" age 9 of 9 d December 13, 2012 K%Engvtaenng DatuExduuWIVELMAP%STREETXE12092 GREENWOOD FROM GOLLIHAR TO HORNE BOND ISSUE 201ZCONSULTANT CONTRACT govnd developmont%2 EXHIBIT A LARGE AE REVISED Nov13 2012.doc EXHIBIT "A -1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS GREENWOOD DRIVE FROM GOLLIHAR ROAD TO HORNE ROAD PROJECT NUMBER NO. E12092 BOND ISSUE 2012 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase a) NIA b) NIA c) At this time no allowance has been provided to perform the Geotechnical Investigation; only to develop the scope of work. d) NIA e) NIA f) NIA g) NIA h) Life cycle cost analysis to be determined using FHWA software. i) Drainage area boundary will be based on existing limits that are to be provided by the City. j) At this time the drainage study is limited to the designated project limits and no offsite drainage study /analysis has been included or identified. k) NIA 1) NIA m) N/A n) NIA o) Engineering Letter Report 1. NIA 2. NIA 3. N/A 4. N/A 5. N/A 6. Provide anticipated index of drawings and specifications. 1 Cover Sheet 2 Index of Sheets 3 Project Location Map 4 -7 General Notes and Testing Schedule 8 Existing Typical Sections 9 Proposed Typical Sections 10 Alignment Data 11 Control Layout 12 -13 Basis of Estimate and Specification Data 15 Legend - Estimated Quantities 16 Removal Summary 17 Construction and Traffic Control Notes 18 -22 Traffic Control Legend 23 -25 Proposed Construction Sequence 26 -28 Construction Sequence Layout 29 -35 Traffic Control Plan 36-42 Utility Plan & Profiles EXHIBIT "A -1" Page 1 of 4 Revised December 13, 2012 43-44 Waterline Tie-in Details 45-46 Drainage Area Maps 47 -53 Storm Water Plan & Profiles 53 -59 Street Plan & Profiles 60 -62 Intersection Details 63 -66 Sign Layouts 67 -70 Pavement Marking Layouts 71 -73 SW3P 74 -77 Utility Basemaps 78 -79 Pavement Marking Standards 80 -91 Barricade and Construction Details 92 -95 Traffic Control Plan Typical Details 96 -100 Standard Water Details 101 -103 Sanitary Sewer Standard Details 104 -107 Storm Water Standard Details 108 -109 Miscellaneous Details 110 Commercial Driveway Details 111 -114 Pedestrian Facilities Details 115 Small Sign Summary 116 -118 Regulatory Sign Standards 119 -121 Sign Mounting Detail Standards 122 -124 Erosion Control Standards p) NIA q) NIA r) NIA s) NIA City staff will provide one set only of the following information (as applicable): a) NIA b) NIA c) NIA d) NIA e) NIA f) NIA g) NIA h) NIA 2. Design Phase. Upon approval of authorization to proceed, the A/E will: N/A a) NIA b) NIA c) NIA d) NIA e) NIA 0 NIA g) NIA h) NIA i) NIA j) NIA k) N/a the preliminary phase, designated by receiving EXHIBIT "A -1" Page 2 of 4 Revised December 13.2012 The City staff will: a) NIA b) NIA c) NIA 3. Bid Phase. The A/E will: a) NIA b) NIA c) N/A d) N/A e) N/A f) N/A The City staff will: a) N/A b) N/A C) N/A d) N/A 4. Construction Administration Phase. a) N/A b) N/A C) N/A d) Based on 20 hours per month for 12 months. e) N/A f) N/A g) N/A h) N/A The City staff will: a) N/A b) N/A B. ADDITIONAL SERVICES 1. Permit Preparation. NIA a) N/A b) N/A 2. Right -of -Way (ROW) Acquisition SurveV. N/A a) N/A b) N/A C) N/A EXHIBIT "A -1" Page 3 of 4 Revised December 13, 2012 3. Topographic Survey and Parcel Descriptions a) NIA b) NIA c) NIA d) NIA e) NIA f) NIA g) NIA h) NIA i) NIA j) NIA k) NIA 4. Environmental Issues. NIA 5. Public Involvement. NIA 6. Subsurface Utility Investigation a) NIA i) It is anticipated that only 15 locations will be required for storm sewer, water and sanitary combined. ii) NIA iii) NIA iv) At this time no CCTV is anticipated given that these utilities are to be replaced. V) NIA Vi) NIA b) NIA 7. Construction Observation Services. NIA 8. Start-up Services. NIA 9. Warranty Phase. NIA 10. Franchise Utility Coordination. A/E to meet, coordinate, and resolve all required Franchise Utilities that are in conflict with the construction of this project. (AEP, AT&T, private gas lines, etc.) EXHIBIT "A -1" Page 4 of 4 Revised December 13, 2012 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500 EXHIBIT "B" Page 1 of 3 K %Engin" ing DamExchangalVELMAPIFORMSICONTRACT PROFESSIONAL SERVICES B120121CONSULTANT CONTRACT FORMSW EXHIBIT B INDEMNIFICATION - OCT 2010.4= C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 KWiVireenng DataExd=VMVELMAP1FORMSICONTRACT PROFESSIONAL SERVICES B120121CONSULTANT CONTRACT FORMS14 EXHIBIT B INDEMNIFICATION - OCT 2010.4= H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 K%Fngu*enng DataEwdtu%WWELMAP%FORMS%CONTRACT PROFESSIONAL SERVICES Bt20121CONSULTANT CONTRACT FORMSL4 EXHIBIT 8 INDEMNIFICATION - OCT 2010.docc H Cr JOR N iz N M0) a W a z LLI H � V N 0 06 60 a? z d Wo 'N^ o > -J a c = IL O V d � a o av v o O N d 7 v O_ ._ .> > i C a — O E >> a = V L H O V N C z 'o a r O z V Q L c O A 0 0 O 0 0 O 0 0 0 0 0 0 M 0 to N 0 CO 0 0 0 0 0 0 0 0 0 0 O M 0 .- 0 M N 0 0 00 0 0 00 C� p p p O 0 0 0 U_ N � a�, m m m N 00 o c° cLO � 0 m U) V) U) to cv i U � N O N CL m C U- CL a oo U cnn �� vim.• o. N � N CL c 64 a � 0 0 0000000 v N O O O 0 0 0 a ¢ o E m o Qa� O C) cn o� LO E +0 L? cn Nm ¢H V- V- V- T- 6F* We 69 611i 0.0000 000ppp00 LOooc°n O N to 6 H H H 64 � Ef3 O O LO 0 W) O N N m m m d' O H O O O 1+ V) N O T- W 1- N 1- Q) M M d� � 6 � 0 eN- O O O N � m 10 NN (D w � to � � OO 0 0 O N 0 p N O N N 0 m O O T- 'r- CN d4 EA 64 tf) 0 0 0 0 p p p 0 0 0 0 O O O 0 0 O O m O 0 0 N N(6 N � (6 N 06 1 11 EXHIBIT "C" Page 1 of 1 C� U N C� 2 N N � N U_ N � a�, a N cn r- 0 m CL M LL to cv i U � N O N CL m C U- CL a oo U cnn EXHIBIT "C" Page 1 of 1 N U_ N N N N LL U N C U- vim.• o. N � v) N CL c a a� O c v O <C N CO c0 O V a ¢ o E m o Qa� CL N cc o� = E +0 sa:0com Nm ¢H EXHIBIT "C" Page 1 of 1 SUPMMNUMBER Ti0WA HYZIT4-"' MCHASMO DIMSION w`" CITY OF CORPUS CHRISTI cdnm DISCLOSURE OF INTEREST CitS► of o Chrkti OWkw, a 17112, as amcwlcd, requires all persons or toms seeking to do bw ioess arith dul a Fame We foltowiog infatuation. Every qu�ioa must be auswerei. Udo q�tion is not app ' !e„ answer with "NA". See reverse side of r Filing Requirements, Coos and o�. COMPANY NAME: GOVIND DEVELOPMENT, LLC P.O BOX: STREET ADDRESS: 93391H 37 CIW-. Corpus Cbr6N ZEN 78409 FIRM [S: 4. ® S. Of B 3. Sole Owner ❑ DISCLOSURE QUESTIONS if additional none is mec r, please use the mv�ecse Bade a orb sep�te sbat� . I. State the mamas of each ed' of the city oe L`bcisti am "Ownership imimt" o g 3% or mono of" ownership im the above nsrnad "firm." N Job Tide and City Dot (if known) None 2. State the names of each "official" of the City of Carpus Christi having an "ownaghip barest" eans<ituting 3% or more of the ownaddp in the above named "firm." Name Title None 3. Stale the mares of each "board member" of the City of Corpus Christi having an ownership into at" comstitmimg 396 or mane of dw ownership in the above msmed " firm." Govt B. Nadkud �� 4. State the names of each employee, or olfiicer of a "consuhor for the City of Corpus Christi who worked on my matter ndstaf to the sub1'ect of this contrmct and has an " ownersbip inumt" constituting 3°Y• or mom of die ownership in the above named "firm." None Name canukaw FILING REQUIREMEMS If a # who requests official action Y A A w A • A CEIMFICATION infonnation provided knowinply withheld disclosure fi supplemental 2 promptly A A to the City A Certifying Person: rn ro onuz III "Title. Vice President (Typr at 'a Signature of Certifying Date: Person: DEFINITIONS -Board member." A member of a" b. Council of the City of Corpus Christi, Texas. ^) cc V V 4) �O P-� cv in tT U w .CC a� o= U to ^) cc V V 4) �O P-� cv Q) V U Q) 'O Q-I a--+ m O N i ca N I � t r-I C: O — N O = N � � 22 'u N C: ._ :3 C: m 00 p U *.7j U E Q) v O V C: O Ln W U M N � O E U U N W ateJ V U .Q) O O +� i C: Q, E V f Vl X u 3 { co w � Uw Q) V U Q) 'O Q-I a--+ m O N i ca N I � t r-I C: O — N O = N � � 22 'u N C: ._ :3 C: m 00 p U *.7j U E Q) v O V C: O Ln W U M N � O E U U N W ateJ V U .Q) O O +� i C: Q, E V f Vl X u 3 { co r� V J O U V 4� • O 1� q-R N" o u { y � X U u 3 O 0 O U 0 U) 0'0 a� 0'0 0'0 U Yd r� V J O U V 4� • O 1� q-R N" o u { y � X U u 3 Kii O 0 O 0 0'0 0'0 0'0 0 0 C? O O C? CA C? O c? O 0' O O O O 00 0') 0 C7 O O O O O C7 � O O O O' 0 Imo' O O' O O O ti N O' O O G'O Imo'O C'0 0!O Il N 0 O O O 0 O (D ti 0 0 0 � co O' O O 0' LO 0' ti LO CO 0 Efl V ! I� C10 L N C7 C7 [I- 04 ce) CV C7 6) 6f 6) O O O O _O 0 0 0 0 0 0 0 0 0' 0 0 0 0 LO LO C7 CV CV 0 0 N N 0 r U) U C a � 7 U cu uj z CU Q p a�i o m H v W J m D E Lm D 0- o U m C: Q 0 C: 0 o N Cn J W E o >' U > O s o �' Q z a Q'', ° a' a O c� �� (D o' � � o H N' cn H W o' v N �' :', W d �- Ca U s= H W W U d d- fn v o ai d Q N U U � 0 N -0 M 0 0 `. a O L u, F O z C: c c c o s= Ca H o ca ?: o Ca 0 o 0 0 o a) � o�� R p cn (L co )(D 0- LL c) c) UUCP of UW E -- w Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Ocean Drive from Buford Street to Louisiana Avenue Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese & Nichols from Corpus Christi, Texas in the amount of $855,969, for Ocean Drive from Buford Street to Louisiana Avenue for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Freese & Nichols for Ocean Drive from Buford Street to Louisiana Avenue. BACKGROUND AND FINDINGS: The section of Ocean Drive bound between Buford Street and Louisiana Avenue is currently a six -lane divided roadway. Bond 2012 scoping and estimating efforts identified this project as including full -depth pavement repair for this portion of Ocean Drive, as well as implementing a road diet concept that would reduce the existing 6 -lane roadway to a 4 -lane roadway with a divided median and bike lanes in both the northbound and southbound directions, as prescribed by the Integrated Community Sustainability Plan (ICSP). Other street improvements will include traffic signalization improvements at (3) intersections, storm water improvements, new curb and gutter and new sidewalks and other ADA improvements such as curb ramps throughout the project corridor, pavement markings and signage, street lighting (by AEP), as well as side -slope stability repairs to the adjacent roadway shoulder. Freese & Nichols of Corpus Christi, Texas was selected for this project as a result of Request for Qualifications (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Freese & Nichols as proposed. 2. Do not execute the Contract for Professional Services with Freese & Nichols as proposed. (Not Recommended) K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \4- OCEAN DRIVE \MEMO - OCEAN DRIVE.DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Improvements approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Freese & Nichols was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Department Wastewater Department Storm Water Department Gas Department MIS Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,711,000.00 $6,489,000.00 $8,200,000.00 Encumbered /Expended Amount This item 813,910.55 42,058.45 855,969.00 Future Anticipated Expenditures This Project 897,089.45 6,441,910.55 7,339,000.00 BALANCE $0.00 $5,031.00 $5,031.00 Fund(s): Bond Issue 2012 Streets and Utility Revenue Bonds Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $855,969. This amount will be funded over two years, with FY 13 funding in the amount of $913,910.55, and FY 14 funding will be required in the amount of $42,058.45 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Freese & Nichols. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \4- OCEAN DRIVE \MEMO - OCEAN DRIVE.DOCX PROJECT BUDGET ESTIMATE Ocean Drive Improvements from Buford Street to Louisiana Avenue (Project No. E12093) Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 ,CZ6aJx0i111 0I91'1/_V/_11w_1:3114 Bond 2012 ............................................................................ ............................... $5,500,000.00 Water CIP .................................................... ............................... 455,000.00 Wastewater CIP ............................................ ............................... 385,000.00 Storm Water CIP ........................................... ............................... 1,785,000.00 Gas CIP ....................................................... ............................... 37,500.00 MIS CIP ....................................................... ............................... 37,500.00 Total Utilites ......................................................................... ............................... 2,700,000.00 PROJECT TOTAL ................................................................. ............................... $8,200,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 5,590,909.09 Contingency ( 10%) ................................................................ ............................... 559,090.91 Consultant Fees: Consultant (Freese & Nichols) ................................................. ............................... 855,969.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... 164,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 123,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 820,000.00 Finance............................................................................... ............................... 41,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 41,000.00 TOTAL ................................................................................ ............................... $8,194,969.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $5,031.00 OCEAN DRIVE FROM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS BUFORD STREET TO DEPARTMENT OF ENGINEERING SERVICES LOUISIANA AVENUE PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols. Inc., a Texas corporation, 800 North Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Ocean Drive from Buford Street to Louisiana Avenue (Project No. E12093) BOND ISSUE 2012 — The section of Ocean Drive bound between Buford Street and Louisiana Avenue is currently a six -lane divided roadway. Bond 2012 scoping and estimating efforts identified this project as including full -depth pavement repair for this portion of Ocean Drive, as well as implementing a road diet concept that would reduce the existing 6 -lane roadway to a 4 -lane roadway with a divided median and bike lanes in both the northbound and southbound directions, as prescribed by the Integrated Community Sustainability Plan (ICSP). Other street improvements will include traffic signalization improvements at (3) intersections, storm water improvements, new curb and gutter and new sidewalks and other ADA improvements such as curb ramps throughout the project corridor, pavement markings and signage, street lighting (by AEP), as well as side -slope stability repairs to the adjacent roadway shoulder. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-11", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. Contract for Engineering (A/E) Services Page 1 of 4 KIENGINEERING DATAEXCHANGEIVELMAPISTREE nE12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT FREESE NICNOLSII CONTRACT PROFESSIONAL SERVICES DOC 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $855.969.00, (Eight Hundred Fifty Five Thousand Nine Hundred Sixty Nine Dollars and zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) Contract for Engineering (A/E) Services Page 2 of 4 K:IENGINEERING DATAEXCHANGEIVELMAP %STREET1E12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT FREESE NICHOLSII CONTRACT PROFESSIONAL SERVICES.DOC Office of Management Date and Budget Contract for Engineering Services Page avf4 KAENGNEERING DATAEXCHANGE%VELMAP%STREEnE12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 201mCONSULTANT CONTRACT FREESE wvoxoLm, CONTRACT PROFESSIONAL osmvmexmmc Armando Chapa, City Secretary Encumbrance No. Contract for Engineering (A/E] Services Page 4 of 4 K%ENGINEERING DATAEXCfIANGE1VELFAAPSTREEnE12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT FREESE NICHOLV CONTRACT PROFESSIONAL SEWCES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Ocean Drive — Buford Street to Louisiana Avenue (City Project No. E12093) BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/Eng ineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost analysis with recommended pavement sections using FHWA Life Cycle Cost Analysis of Pavements software. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, USPS, Corpus Christi Independent School District community groups, and TDLR. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, USPS, CCISD, community groups, TDLR. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. g) Provide all required data for FHWA Life Cycle Analysis The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and on/v for the intended purpose of this project AM unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: EXHIBIT "A" Page 2 of 9 Revised November 13.2012 a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 22 "x 34" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. i) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 k) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits (6 hours /month — 20 month duration) to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: Permit Preparation. Furnish the City all engineering data and documentation necessaryfor all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. NPDES Permit/Amendments (including SSC, NOI NOT) b. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments C. Texas Department of Licensing and Regulation (TDLR) 2. Right -of -Way (ROW) Acquisition Survey. (NOT AUTHORIZED) All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 4. Environmental Issues.(NOT AUTHORIZED) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. Also, included in the Public Involvement process is the support of Project Development/Coordination meetings during EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 construction, development of database of stakeholders, establishment/update of Facebook and Twitter accounts and one on one stakeholder meetings. Also included in the Public Involvement process is the support of Project Development/Coordination meetings during construction, development of database of stakeholders, establishment and update of Facebook and Twitter accounts and one on one stakeholder meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic surrey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B Level B is obtained through the application of appropriate surface geophysical methods to determine the approximate position of subsurface utilities (i.e. metal detection). These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. C) The City will provide a designated disposal site for the hydro tailings (slurry from the holes excavated). 7. Construction Observation Services. (NOT AUTHORIZED) To Be Determined 8. Slope Stability Design. FNI will review the slope stability study done previously along with the associated soil reports. FNI will design a permanent solution to the instability that will ensure that the improvements to Ocean Drive will be protected from further movement. Depending on the option selected by the City, property acquisition may be required. Two of the stabilization options will include a retaining wall, while the third option involves slope flattening. FNI's scope includes all engineering effort to design EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 these improvements and create construction drawings, contract documents (specifications), and an opinion of probable construction cost. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 10. Sianalization Improvements. Prepare signalization plans, specifications and estimate for the traffic signal and pedestrian signal improvements at: a) Buford /Ocean intersection — 4 signals b) Morgan /Ocean intersection — 3 signals c) Elizabeth /Ocean intersection — 4 signals d) Ayers /Ocean intersection — 3 signals Conduct site visits at four locations. Develop design elements using City of Corpus Christi design criteria in TxDOT format and standards. 11. Landscape /Irrigation. Prepare landscape and irrigation plans, specifications and estimate from the proposed revised median improvements of Ocean Drive bound between Buford Street and Louisiana Avenue. Landscaping improvements will include mow strips and block sodding. Irrigation and landscape improvements will be designed in accordance with City of Corpus Christi criteria and standards. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity Tuesday, January 15, 2013 NTP Friday, April 19, 2013 Draft ELR submittal Friday, May 3, 2013 City ELR Review Friday, May 10, 2013 Final ELR submittal Friday, October 4, 2013 60% Design Submittal Friday, October 25, 2013 City Review Friday, February 14, 2014 100% Final Submittal Sunday, April 6 2014 Advertise for Bids Tuesday, April 8, 2014 Pre -Bid Conference Wednesday, April 16, 2014 Receive Bids Tuesday, May 20, 2014 Contract Award July 2014 Begin Construction April 2016 Complete Construction EXHIBIT "A" Page 8 of 9 Revised November 13.2412 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $64,976.00 2. Design Phase 358,031.00 3. Bid Phase 12,417.00 4. Construction Administration Phase 60,725.00 Subtotal Basic Services Fees $496,149.00 Additional Services Fees (Allowance) 1. Permit Preparation (AUTHORIZED) $24,982.00 2. ROW Acquisition Survey (NOT AUTHORIZED) To Be Determined 3. Topographic Survey (AUTHORIZED) 62,794.00 4. Environmental Issues (NOT AUTHORIZED) To Be Determined 5. Public Involvement (AUTHORIZED) 76,623.00 6. Subsurface Utility Investigation (AUTHORIZED) 69,378.00 7. Construction Observation Services (NOT AUTHORIZED) To Be Determined 8. Slope Stability Design (AUTHORIZED) 36,945.00 9. Warranty Phase (AUTHORIZED) 5,490.00 10. Signalization Improvements (Four Intersections) 68,294.00 11. Landscape /Irrigation (AUTHORIZED) 15,314.00 Sub -Total Additional Services Fees Authorized $359,820.00 Total Authorized Fee $855,969.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS OCEAN DRIVE FROM BUFORD STREET TO LOUISIANA AVENUE (Project No. E12093) BOND ISSUE 2012 Basic Services: 1) Project limits are Ocean Drive from Buford Street to Louisiana Avenue involving full depth pavement repair, storm water, water and wastewater improvements. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meeting with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Engineering Letter Report (pre - final and final submissions) including data collected, preliminary drainage calculations, roadway alignment, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final design memorandum. Obtain approval to proceed to Design Phase. 8) Participate with staff at two (2) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Prepare hydraulic analysis based on 5, 25, and 100 -year design storm return frequency runoff coefficients, time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. Hydraulic gradient and associated data will be reflected in the construction drawings. AMEND. NO.1 EXHIBIT "A -1" Page 1 of 7 Revised April 2010 KTrigineenng DatsExchango %VELMAPISTREE71E12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT freese nichols%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010.doa 10) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Roadway Sections • Proposed Street Sections • Drainage Area Map • Roadway Baseline Alignment • Street and Storm Water Plan & Profiles • Street Details • Storm Water Details • Storm Water Laterals • Curb Ramp Details • Fencing Plan and Details • Curb & Gutter and Sidewalk Details • Driveway Details • Waterline & Wastewater Plan & Profiles • Waterline Adjustments • Waterline Tie -in Sections • Waterline Details • Pavement Marking and Signage Plan • Pavement Marking Details • Street Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Signalization Plans • Traffic Control Miscellaneous Details • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan • Storm Water Pollution Prevention Details • Landscape Irrigation Plans • Miscellaneous Details • Barricade and Construction Standards AMEND. NO.1 EXHIBIT "A -1" Page 2 of 7 Revised April 2010 K%Engineering DateExchange %VELMAP%STREET1E12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 2012%CONSULTANT CONTRACT froese nicholO EXHIBIT A•1 TASK LIST LARGE AE REVISED April 2010 doe 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 13) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 14) Address comments received from the City for the pre -final submittal. 15) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5th of each month. AMEND. NO.1 EXHIBIT "A -1" Page 3 of 7 Revised April 2010 KlEngirmwing DataExchange %VELMAP%STREET1E12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT freese nicholsl3 EXHIBITA -1 TASK LIST LARGE AE REVISED April 2010.doc 21) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as identified in Exhibit A. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT -OF -WAY ACQUISITION SURVEY (NOT AUTHORIZED) 1) Establish limits of work area and obtain available reference maps and reports. 2) Research City rights -of -way, easements and property boundaries. 3) Research adjacent subdivision plats. 4) Locate and tie -in street right -of -way. 5) Establish project baseline. 6) Identify parcels required for right -of -way acquisition. 7) Prepare metes & bounds descriptions for right -of -way acquisition parcels. 8) Stake boundaries for right -of -way to be acquired. 9) Provide exhibits for right -of -way acquisition. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within proposal street project limits. 7) Perform topographic survey and associated cross - sections for proposed off -site drainage AMEND. NO.1 EXHIBIT "A -1" Page 4 of 7 Revised April 2010 K%Engveering DataEx&ange%VELMAP%STREErE12o93 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT from nichots%3 EXHIBIT A•1 TASK LIST LARGE AE REVISED Apnl 2010 doo improvements. 8) Locate and tie -in known utilities and structures. 9) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) (TBD) CONSTRUCTION OBSERVATION SERVICES (NOT AUTHORIZED) 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting two public information meetings. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. 5) Develop database of stakeholders and businesses 6) Create and update public communication tools — Facebook and Twitter 7) One -on -one stakeholder meetings (6) in design phase and (2) during construction phase. 8) Individual communications with public during meetings (5) meetings WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a AMEND. NO.1 EXHIBIT "A -1" Page 5 of 7 Revised April 2010 K%Er9neertng DataExduangelVELMAP %STREET%E12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 2012%CONSULTANT CONTRACT freeze rudtolal3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010400 report for the City staff of the locations and conditions requiring action. S.U.E./ HYDRO - EXCAVATION Upon receiving authorization from the City to proceed, conduct hydro- excavation at sufficient locations to identify underground utilities. The hydro- excavation process will conform to Subsurface Utility Engineering (S.U.E.) in accordance with ASCE Standard C -I, 38 -02, and shall be in accordance with Section 8 under Additional Services in Exhibit "A ". Consultant's S.U.E. scope shall be as follows: Subsurface Utility Investigation. a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -1, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Hydro Excavation - The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in five (5) specified areas through the project limit. (Quality Level A involves the use of hydro equipment at critical points or specified areas designated along Ocean Drive by Freese & Nichols to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. The City will provide a designated disposal site for the hydro tailings (slurry from the holes excavated). ii) Utility Location - The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water - Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater- Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. v) Water - Water facilities within the project limits will be located to Quality Level C. AMEND. NO.1 EXHIBIT "A -1" Page 6 of 7 Revised April 2010 KSEngirt"nng DataExchargaIVELMAP %STREET1E12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 20121CONSULTANT CONTRACT Neese nL&414%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 201OLCIM vi) Gas- Gas facilities within the project limits will be located to Quality Level C by consultant. The City of Corpus Christi Gas Department will provide Quality Level A. Consultant will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction related excavation of the potential for encountering their utility lines during construction. AMEND. NO.1 EXHIBIT "A -1" Page 7 of 7 Revised April 2010 K:1Enginaering DataFxchango%VELMA I%STREE nE12093 OCEAN FROM BUFORD TO LOUISIANA BOND ISSUE 201ZCONSULTANT CONTRACT freese nicholsQ EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A!E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act &Z EXHIBIT "B" Page 1 of 3 KTX0nNnn9 DaMExCianpp%VELMA D%FORMSICONTRACT PROFESSIONAL SERVICES 812012XCONSULTANT CONTRACT FORMS41 EXHIBIT B INDEMNIFICATION - OCT 2010.dooc C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 K%Engu*WM DataEaduuVe %VELMAPIFORMSICONTRACT PROFESSIONAL SERVICES BI20121CONSULTANT CONTRACT FORMS%4 EXHIBIT B INDEMNIFICATION - OCT 2010.d= H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 K1Engineering DalaExchange %VELMAP%FORMS%CONTRACT PROFESSIONAL SERVICES 8120121CONSULTANT CONTRACT FORMSIA EXHIBIT B INDEMNIFICATION. OCT 2010.docx o 2 Ul CL Me E � o a o � c IL - e � o a W O W N � • N dZZ V Z 1� o _ �F C6 Z 'O O V 0 r 0 0 Olrf N 0 0 0 0 0 I c0 c c N °00000 o�n a d1 O m w 000000$ � c a c ��H� S o m 0 0000 a a c c °CD a C o V a0 S m 3 a p as 40 oo o o Q o o p0 pm �0 Q o Q C4 �i to 42000oop�p�p 8M V- .- °o O °o�° O hWL ° m ClGC� o� h N N N r M N Cog N p01� O ONO N Q D OO m ON N O m � N � N N � dN► O O N O G H O O N N N n to % 75�ic� �oO000$ ac�a8 N N NN N EXHIBIT "C" Pa e 1 Of 1 io � �U) Z 0 a m as c c m a d1 O m � � E c� a c a c c S o m 0 to a a c c °CD a C o EXHIBIT "C" Pa e 1 Of 1 io N ti m a d1 O m � � E c� a CL c Z c o m 0 m o c °CD a C o V a0 S m 3 a p EXHIBIT "C" Pa e 1 Of 1 TO O BE ASSIGNED AS 8Y 7r7— =s = PURCHASING WVISION of CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Citx of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 4. A iatio i S Other 8 I Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary►, please use the reverse side of this pa or attach 1. State the names of each employee" of the City. of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. NIA ame Job Title and City Department (if known) 2. State the names of each `official' of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of CoTw Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILUNG REQUIREMENTS If a per-son who requests official action on a matter knows that the requested action %%,III confer an economic benefit on anv Citv official or employee that is distinguishable from Tile effect that the action will have on mcinbeti of the public in 6,encral or a substantial searnent thereof, voti shall disclose that fact in a siened w-ritino to llui- City official, vniployce-or body that has been requested to act in the inafter, unless ifie interest or the City official or crnplovc in the matter is The disclosure shall also be made in a signed ' riling filed woll the City Secrctary. a - parent. - w *Ethics Ordinance Section 2-349 (d)] b. "Economic benefit". at action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its clTect on inembers of the public in general or a substantial segment thereof. c. *'Employee." Any person employ by the City of Corlms Christi. Texas either on a full or part-time basis, but not as an independent contractor. d. -Firm.- Any entity opera led for economic gain, whether prollessional, indUsirial or commercial, and whether established to produce or deal %vith it product or service, including but not limited to, entities operated in tile forth of' sole proprietorship. as selt'employed person, partnership, corporation, joint stock company, joint venture. receivership or trust, and enthiLs which for purposes of taxation are treated as non- profit organizations. e. -Official." 'Fhe Mayor, members of the City Council. Ciiv Manager. Deputy City Manager. assistant City Managers, Department and Division [-leads. and Municipal Court Judges of the City of Corpus Christi, Texas. f. Ownership Interest." Legal or equitable interest, whether actually or constructively, held, in a flan, including when such interest is held through in agent. trust. cstale- or holding 01 entity. "Coustructivelv held'* refers to holdings or control u-stablished through vofinO trusts. proxies, or special terms of venture or partnership agri!ements.- -Consultant.- An%, person or firin. such as engineers and architects, hired bV tile 01% of, Corpus Christi for the purpose of professional consultation and recoinniendation. V LA 4� 4� 20: c� c� 0 0 a� a� T pt 0 N O N O A4 . 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J Q O C 0" 0 � O Z� o H a' in � '' � a '' � '' '' o� w CO CD C) C) c) C) (D 02) Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: January 9, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Tuloso Road from IH37 to Leopard Street Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $331,322.00, for Tuloso Road from IH37 to Leopard Street for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with MEI Maverick Engineering, Inc. for Tuloso Road from IH37 to Leopard Street. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair and widening the existing two lane rural roadway to three lane roadway with two travel lanes and a continuous left turn lane. The proposed cross section meets the requirements of a C -2 Collector, and is proposed in lieu of the A -2 Arterial designated in the current UTMP. A wider paved shoulder will be provided as a bike route. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). MEI Maverick Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with MEI Maverick Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with MEI Maverick Engineering, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 1 Street Improvements. K: \ENGINEERING DATAEXCHANGE\LYNDA\LEGISTARTY 13 \1 -JAN 22 \8 - TULOSO \MEMO - TULOSO.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. MEI Maverick Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department MIS FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $800,000.00 $2,400,000.00 $3,200,000.00 Encumbered /Expended Amount This item $331,322.00 $331,322.00 Future Anticipated Expenditures This Project $468,678.00 $2,395,322.00 $2,864,000.00 BALANCE $0.00 $4,678.00 $4,678.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $331,322.00 which will all be funded this fiscal year. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with MEI Maverick Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXCHANGE\LYNDA\LEGISTARTY 13 \1 -JAN 22 \8 - TULOSO \MEMO - TULOSO.DOCX PROJECT BUDGET ESTIMATE Tuloso Road Improvements From Interstate Highway 37 to Leopard Street (Project No. E12094) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP Wastewater CIP Storm Water CIP Gas CIP MIS CIP Utilities PROJECT TOTAL 234,000.00 198,000.00 918,000.00 25,000.00 25,000.00 FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... Contingency( 10%) ................................................................ ............................... Consultant Fees: Consultant (Maverick Engineering) ........................................... ............................... Geotechnical Study and Testing (TBD) Reimbursements $1,800,000.00 $1,400,000.00 $3,200,000.00 2,181,818.18 218,181.82 331,322.00 64,000.00 Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 48,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 320,000.00 Finance............................................................................... ............................... $ 16,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 16,000.00 TOTAL................................................................................ ............................... $3,195,322.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $4,678.00 CITY COUNCIL EXHIBIT TULOSO ROAD FROM IH37 TO CITY OF CORPUS CHRISTI, TEXAS LEOPARD STREET DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 m m O cc 0 N 75 FM L cn m L m CIE O J O WOMEN n M 2 N V--1 O N c O p c� m o N N N O V O V V 4� �O P� CO- 0 V N N � 3 Fl cv 4� V C� V 4� 'O P-� E N o Ln N o co C: C: 22 ''u N C: a� m o m U E i >, O ca a--� � U O Q) 4-J 4-J U U V � � O Ln N N O .. U E U (10 •U W a--+ C: U '0 '0 _ co (,j ' ,; o V V) X N i N E N o Ln N o co C: C: 22 ''u N C: a� m o m U E i >, O ca a--� � U O Q) 4-J 4-J U U V � � O Ln N N O .. U E U (10 •U W a--+ C: U '0 '0 _ co .,yOAt9, Kii 0 0 0 0 0 0 0 CON O O O O O 0 0 0 0 0 0 0 T- 00 O O O O O 0 0 0 0 0 6 0 00 r N O O N 00 0 0 0 0 0 0 0 T- 00 N O O N 1- 0 0 0 0 0 0 0 00 M O O M w OI�r 00 00 Lo L O V- 00 T- O L6 -q O M C) r N N O 00 r M w O C) �} 00 N C) N T" N M � r M N M Y LN r W m Q cn z I m o N Cl V IL a � a to C� a J H D LU W Cl) Z I=i W cya L -W c % G 0 Zvi y a�i c c U a� 7 c 0 i 7 c 0 t V o L Q O U a Q .,yOAt9, Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: December 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services South Staples Street from Brawner Parkway to Kostoryz Road Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese & Nichols from Corpus Christi, Texas in the amount of $731,030, for South Staples Street from Brawner Parkway to Kostoryz Road for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Freese & Nichols for South Staples Street from Brawner Parkway to Kostoryz Road. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair of the existing four lane roadway. Other improvements may include adjustments to accommodate recently improved curb and gutter, sidewalks, ADA curb ramps, as well as improvements to lane striping and pavement markings and bus stop rehabilitation, which will be designed in accordance with the Transportation Master Plan. Future bikeway requirements will require evaluation during the roadway design phase of this project and any improvements shall be in conformance to the Adapted Bikeway Plan of the Urban Transportation Master Plan (UTM P)/I nteg rated Community Sustainability Plan (ICSP). Freese & Nichols of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Freese & Nichols as proposed. 2. Do not execute the Contract for Professional Services with Freese & Nichols as proposed. (Not recommended) K: \ENGINEERING DATAEXCHANGE\LYNDA \LEGISTAR \FY 13 \1 -JAN 22 \9 -STAPLES STREET -BRAWN ER TO KOSTORYZ \MEMO - STAPLES. DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Freese & Nichols was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Department Wastewater Department Storm Water Department Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,187,000.00 $4,913,000.00 $6,100,000.00 Encumbered /Expended Amount This item $731,030.00 $731,030.00 Future Anticipated $455,970.00 $4,912,030.00 $5,368,000.00 Expenditures This Project BALANCE $0.00 $970.00 $970.00 Fund(s): Street Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $731,030 which will be completely funded this fiscal year. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Freese & Nichols. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXCHANGE\LYNDA \LEGISTAR \FY 13 \1 -JAN 22 \9 -STAPLES STREET -BRAWN ER TO KOSTORYZ \MEMO - STAPLES. DOCX PROJECT BUDGET ESTIMATE South Staples Street Improvements from Brawner Parkway to Kostoryz Road (Project No. E12095) Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 ,CZ6aJx0i111 iI91'1/_V /_11w_1:3114 Bond 2012 ............................................................................ ............................... $3,400,000.00 Water CIP .................................................... ............................... 442,000.00 Wastewater CIP ............................................ ............................... 374,000.00 Storm Water CIP ........................................... ............................... 1,734,000.00 Gas CIP ....................................................... ............................... 75,000.00 MIS CIP ....................................................... ............................... 75,000.00 Total Utilites ......................................................................... ............................... 2,700,000.00 PROJECT TOTAL ................................................................. ............................... $6,100,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 4,159,090.91 Contingency ( 10%) ................................................................ ............................... 415,909.09 Consultant Fees: Consultant (Freese & Nichols) ................................................. ............................... 731,030.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... 122,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 91,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 518,500.00 Finance............................................................................... ............................... 30,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 30,500.00 TOTAL ................................................................................ ............................... $6,099,030.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $970.00 \ Mproject \councilexhibits \exhE12095dwg N AGNES co W MORGAN = OHO PROJECT °�_ �� �✓LF LOCATION yORNF �� 9,p W. PDINT GO<<IhgR °Al 1A � v� �O�Tti /° Mcq 11 <F G qC MF�q ��E �o Rq O Gq 8< V II w Q LOCATION MAP NOT TO SCALE PROJECT #E12095 SOUTH STAPLES STREET FROM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS BRA WNER PARKWAY TO DEPARTMENT OF ENGINEERING SERVICES KOSTORYZ ROAD PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols. Inc., a Texas corporation, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT South Staples from Brawner Parkway to Kostoryz Road (Project No. E12095) BOND ISSUE 2012 - This project includes full -depth repair of the existing four lane roadway. Other improvements may include adjustments to accommodate recently improved curb and gutter, sidewalks, ADA curb ramps, as well as improvements to lane striping and pavement markings and bus stop rehabilitation, which will be designed in accordance with the Transportation Master Plan. Future bikeway requirements will require evaluation during the roadway design phase of this project and any improvements shall be in conformance to the Adapted Bikeway Plan of the UTMP /ICSP. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Large A/E Contract Page 1 of 3 The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $731,030.00. (Seven Hundred Thirty One Thousand Thirty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Large A/E Contract Page 2 of 3 MWORTJ 10110 MORI ■ I 11WEA 0 9TOIRIETAFAIL well I I I wel mill PROW a 31 111111,11 Oscar R. Martinez, Date Assistant City Manager Daniel Biles, P. E., Date Director of Engineering Services I Office of Management Date and Budget I -!@*A .s. - - FREE7D NICHOLS, INC. Ron auzran, P. E., Date PrincipalNice President 800 is Shoreline Boulevard Suite 160ON Corpus Christi, TX 78•01 (361) 561-6500 Office (361) 561-6501 Fax be p a it m e­ n' t Fund Source No. Street 550950-3549-00000-E12095 FIVE MT-271 = LE -0, M IMF � Iii �IIII }IIIIII I 411VINtor-Am MMIX 10101AXIMA ""oro E EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS South Staples Street from Brawner Parkway to Kostoryz Road (City Project No. E12095) BOND ISSUE 2012 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost analysis with recommended pavement sections using FHWA Life Cycle Cost Analysis of Pavements software. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. P Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, USPS, Corpus Christi Independent School District community groups, and TDLR. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents EXHIBIT "A" Page 1 of 9 Revised November 13.2012 required per City Plan Preparation Standards Contract Format (CPPSCF).Engineedng Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, USPS, CCISD, community groups, TDLR. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. g) Provide all required data for FHWA Life Cycle Analysis. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and pjZ& for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract Is strictly prohibited. EXHIBIT "A" Page 2 of 9 Revised November 13. 2012 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 22 "x 34" plan sheets that can be reduced to 11 "x 17 ". 1. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 0 Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. i) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. k) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits (6 hoursimonth —16 month duration) to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. NPDES Permit/Amendments (including SSC, NOI NOT) b. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments C. Texas Department of Licensing and Regulation (TDLR) 2. Right -of -Way (ROW) Acquisition Survey. (NOT AUTHORIZED) All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 4. Environmental Issues.(NOT AUTHORIZED) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. A. Public Meetings. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. B. Additional Public Outreach.(NOT AUTHORIZED) Also, included in the Public Involvement process is the support of Project Development/Coordination meetings during construction, development of database of stakeholders, establishment/update of Facebook and Twitter accounts and one on one stakeholder meetings. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B Level B is obtained through the application of appropriate surface geophysical methods to determine the approximate position of subsurface utilities (i.e. metal detection). These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. C) The City will provide a designated disposal site for the hydro tailings (slurry from the holes excavated). 7. Construction Observation Services. (NOT AUTHORIZED) To Be Determined 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Sionalization Improvements. Prepare signalization plans, specifications and estimate for the traffic signal and pedestrian signal improvements at: a) Kostoryz/Staples Intersection EXHIBIT "A" Page 7of9 Revised November 13, 2012 b) Texan Trail /Staples Intersection c) Carroll Lane /Staples Intersection Conduct site visits at three locations. Develop design elements using City of Corpus Christi design criteria in TxDOT format and standards. 10. Traffic Control. Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning signage, traffic control phases (12 total) and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity Tuesday, January 22, 2013 NTP Friday, May 17, 2013 Draft ELR submittal Friday, May 31, 2013 City ELR Review Friday, June 14, 2013 Final ELR submittal Friday, November 8, 2013 60% Design Submittal Friday, November 29, 2013 City Review Friday, May 23, 2014 100% Final Submittal Sunday, June 6, 2014 Advertise for Bids Tuesday, June 17 2014 Pre -Bid Conference Wednesday, August 6, 2014 Receive Bids Tuesday, August 27, 2014 Contract Award September 2014 Begin Construction January 2016 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 Summary of Fees Basic Services Fees 1. Preliminary Phase $58,066.00 2. Design Phase 252,367.00 3. Bid Phase 12,363.00 4. Construction Administration Phase 62,185.00 Subtotal Basic Services Fees 384,981.00 Additional Services Fees (Allowance) 1. Permit Preparation (AUTHORIZED) 25,007.00 2. ROW Acquisition Survey (NOT AUTHORIZED) To Be Determined 3. Topographic Survey (AUTHORIZED) 69,663.00 4. Environmental Issues (NOT AUTHORIZED) To Be Determined 5A. Public Meetings (AUTHORIZED) 24,875.00 5B. Additional Public Outreach (NOT AUTHORIZED) 36,935.00 6. Subsurface Utility Investigation (AUTHORIZED) 69,378.00 7. Construction Observation Services (NOT AUTHORIZED) To Be Determined 8. Warranty Phase (AUTHORIZED) 5,499.00 9. Signalization Improvements (Staples /Kostoryz) (AUTHORIZED) 58,821.00 10. Traffic Control (AUTHORIZED) 55,871.00 Sub -Total Additional Services Fees Authorized 346,049.00 Total Authorized Fee $731,030.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS SOUTH STAPLES FROM BRAWNER PARKWAY TO KOSTORYZ ROAD (Project No. E12095) BOND ISSUE 2012 Basic Services: 1) Project limits are South Staples from Brawner Parkway to Kostoryz Road involving full depth pavement repair, storm water, water and wastewater improvements. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meeting with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Engineering Letter Report (pre - final and final submissions) including data collected, preliminary drainage calculations, roadway alignment, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final design memorandum. Obtain approval to proceed to Design Phase. 8) Participate with staff at two (2) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Prepare hydraulic analysis based on 5, 25, and 100 -year design storm return frequency runoff coefficients, time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. Hydraulic gradient and associated data will be reflected in the construction drawings. EXHIBIT "A -1" Page 1 of 6 Revised April 2010 K1Engineenng DataExrhango %VELMAP%STREET1E12D95 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 20121CONSULTANT CONTRACT Ireose nichols%3 EXHIBITA -1 TASK LIST LARGE AE REVISED April 2010.doe 10) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Roadway Sections • Proposed Street Sections • Drainage Area Map • Roadway Baseline Alignment • Street and Storm Water Plan & Profiles • Street Details • Storm Water Details • Storm Water Laterals • Curb Ramp Details • Fencing Plan and Details • Curb & Gutter and Sidewalk Details • Driveway Details • Waterline & Wastewater Plan & Profiles • Waterline Adjustments • Waterline Tie -in Sections • Waterline Details • Pavement Marking and Signage Plan • Pavement Marking Details • Street Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Signalization Plans • Traffic Control Miscellaneous Details • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan • Storm Water Pollution Prevention Details • Miscellaneous Details • Barricade and Construction Standards 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders EXHIBIT "A -1" Page 2 of 6 Revised April 2010 K1Engirwenng DataExchango %VELMAMSTREET%E12095 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 20121CONSULTANT CONTRACT freese nichoIW EXHIBIT A -1 TASK LIST LARGE AE REVISED April 20%doc • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 13) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 14) Address comments received from the City for the pre -final submittal. 15) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5th of each month. 21) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. EXHIBIT "A -1" Page 3 of 6 Revised April 2010 K%Engin6wM OataExdwGe%VELMARSTREErE12095 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 20121CONSULTANT CONTRACT Irooso nichals%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010.doc Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as identified in Exhibit A. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT -OF -WAY ACQUISITION SURVEY (NOT AUTHORIZED) 1) Establish limits of work area and obtain available reference maps and reports. 2) Research City rights -of -way, easements and property boundaries. 3) Research adjacent subdivision plats. 4) Locate and tie -in street right -of -way. 5) Establish project baseline. 6) Identify parcels required for right -of -way acquisition. 7) Prepare metes & bounds descriptions for right -of -way acquisition parcels. 8) Stake boundaries for right -of -way to be acquired. 9) Provide exhibits for right -of -way acquisition. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within proposal street project limits. 7) Perform topographic survey and associated cross - sections for proposed off -site drainage improvements. 8) Locate and tie -in known utilities and structures. EXHIBIT "A -1" Page 4 of 6 Revised April 2010 K*Agreemg Dat sExchange %VELMAP%STREET%E12095 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 20121CONSULTANT CONTRACT freese nkftIs%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apn12010.Coc 9) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) (TBD) PUBLIC INVOLVEMENT PHASE PUBLIC MEETINGS 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting two public information meetings. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. ADDITIONAL PUBLIC OUTREACH (NOT AUTHORIZED) 5) Develop database of stakeholders and businesses 6) Create and update public communication tools — Facebook and Twitter 7) One -on -one stakeholder meetings (6) in design phase and (2) during construction phase. 8) Individual communications with public during meetings - (5) meetings S.U.E./ HYDRO - EXCAVATION Upon receiving authorization from the City to proceed, conduct hydro - excavation at sufficient locations to identify underground utilities. The hydro- excavation process will conform to Subsurface Utility Engineering (S.U.E.) in accordance with ASCE Standard C -I, 38 -02, and shall be in accordance with Section 8 under Additional Services in Exhibit "A ". Consultant's S.U.E. scope shall be as follows: Subsurface Utility Investigation. a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -1, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Hydro Excavation - The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in five (5) specified areas through the project limit. (Quality Level A involves the use of hydro equipment at critical points or specified areas designated along Ocean Drive by Freese & Nichols to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other EXHIBIT "A -1" Page 5 of 6 Revised April 2010 K%Engineenng DataExchangelVELMAPISTREErE12095 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 201ZCONSULTANT CONTRACT (reese nichals%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010.daa characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. The City will provide a designated disposal site for the hydro tailings (slurry from the holes excavated). ii) Utility Location - The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water - Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater- Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. v) Water - Water facilities within the project limits will be located to Quality Level C. vi) Gas- Gas facilities within the project limits will be located to Quality Level C by consultant. The City of Corpus Christi Gas Department will provide Quality Level A. Consultant will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction related excavation of the potential for encountering their utility lines during construction. CONSTRUCTION OBSERVATION SERVICES (NOT AUTHORIZED) 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A -1" Page 6 of 6 Revised April 2010 K%EngiramV Oa1aExChaVMVELMAPISTREETtE /2095 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 20121CONSULTANT CONTRACT haoso n &ols%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010.doa EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim 1 $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "n3" Page 1 of K1EngineMng DatsExchangelVELMAP %FORMS%CONTRACT PROFESSIONAL SERVICES B120121CONSULTANT CONTRACT FORMSIA EXHIBIT 8 INDEMNIFICATION - OCT 2010.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 K%Engineenng DataF- xdwseWELMAP%FORMS%CONTRACT PROFESSIONAL SERVICES BI20121CONSULTANT CONTRACT FORMSW EXHIBIT B INDEMNIFICATION - OCT 20104= H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT " B" Page 3 of K%Eng OataEx&w go%VELMAP%FORMSICONTRACT PROFESSIONAL SERVICES B120121CONSULTANT CONTRACT FORMSW EXHIBIT B INDEMNIFICATION - OCT 201 O.docx it f�l VIA Re J i+ 1 N e I r C14 1 N to N d& 14 N � r N MONON NO����nl �id�Oy N � f M d► r � MIN N EXHIBIT "C" Pa e 1 of 1 E TO H SA4 B� PURCHASM DIVISION . 4 of CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Carpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every.question must he answered. If the n is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifrcatians and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Sborelin4 Suite 160ON CITY: Corpus Christi ZIP: 78401 FIRM 1S: 1. . A� S. Other � 8 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach 1. State the names of each employee" of the City of Corpus Christi havin amp interest" constituting Y% or more of the ownership in the above named "firm. JName Job Ti& and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi haviN an "ownership interest" constituting 3% or more of the ownership in the above muted "firm. NIA ante Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of CoTus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in die above named "firm N/A arise Consultant FILING REQUIREMENTS If a person who requests official action on a tuatter knows that [lie requestud action will confer ail economic benefit on any City official or erri ployce that is distinguishable front tile elect that tile action Will have oil mciiiber; of the public in general or a subs6mial s4minent thereof. %, on shall disclose that fact in a sit, ,ncd %vi-hine, 10 the official. - City o entployce -or body that has been requested to let in the mailer, unless the interest of the City oflicial itrcmployo in the matter is apparent. The disclosure shall also be made in a signed lxvriliug file(] Willi tilt City S rel Sea arv. -ction2-349 (d)] _ihics Ordinance SL CERTIFICATION I certify that all infornim ion provided is true and correct as of the date o 1* th is statement. that I have not knowingly withheld disclosure of any inromitition requested, and that supplemental statements will be promptly submitted to the City ofCorpus Christi.1'exas as ehanges occur. Certifying Person: Ron Guzman, P. E. Title: Principal (j)-pe Ur Prinn Certifying,,: W_ Dute: t2= A AV DEFINITIONS a. -Board rucrnber.­ A ineniber of any board. counnission, or committee appointed by the City Council of the City ofCorpus Christi. Texas. b. "Economic Itencrit". Ali action that is likely to atTeci ail economic interest Wit is likely to have ail effect on that interest that is distinguishable from its eff'ect on inernbers of the pt;blic in general or substantial segment thereof. c. Any person employed by tile City of Corpus Christi. Texas either on a full or part-time basis, but not as ail independent contractor. d. "Tinn." Any entil.y operated for economic mun. Whether proicssional. industrial or commercial. and whether established to produce or deal Willi a priAticl or service. including but not limited to, entities operated in the form of' sole proprietorship, as selfemploved person, partnership, corporation, joint stock company, joint veriture, receivership or trust, and entities which Ibr purposes (if taxation are treated as non-prol it organiznions. -Official."' The Mayor, inctribers of the City Council. City Manager. Deputy City Manager, Assistant City Managers, Department and Division I leads. and ;Municipal Court Judges of [lie City of Corpus Christi, 1'exas. f: "Clavncrsltip Interest.- Legal or equitable interest. whether actually or constructively field. wvni� InN. estate. or holding in a firm, including 7 C7 _g vdien such interest is held through ail entity. "Constructively held" refers to holdings or control established through voting trusts, proxies. or special terms otventure or partnership agreements. g. "Consultant." Any person or firill. such its enghwvrs and 'archilecis. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Gl) Qj 0 PC$ O N O O O c� v 0 N O A4 . O c� 4� V O A u O N N N c� O V V 4� �O P� q-R N" o u { y � X U u 3 F07 cv U w � a� U Yd O V V 4� �O P� q-R N" o u { y � X U u 3 F07 cv Q/ Q) rri V V) V 4) �O w L c� U Co C: Z, O C: Z., O a) s �� O� O U O +r O M � U 22 L) — to C: O -i U U0 >,m -L--CL 7i cn � U'v V vCo LO (D � M CD � �o ECO w EN �0 aa -I Co 0 3105 E: n C: rIj Q, E { y � X U u s co w � a� o= U to Q/ Q) rri V V) V 4) �O w L c� U Co C: Z, O C: Z., O a) s �� O� O U O +r O M � U 22 L) — to C: O -i U U0 >,m -L--CL 7i cn � U'v V vCo LO (D � M CD � �o ECO w EN �0 aa -I Co 0 3105 E: n C: rIj Q, E { y � X U u s co r� V J O U V .V O 1� q-R { y � X U u 3 F07 U w � a� U Yd r� V J O U V .V O 1� q-R { y � X U u 3 F07 Kii 0 00 �0 00 0 0 0 0 00 00 00 0 0 0 0 00 0� 00 0 0 O O O 0 L N �'' 0 O O O LO � (Y N I` 0 � ti ti (D O C6 N (6 V 0 Ef} Ef} Ef} 0 0 0 O O o O O O 0 0 0 0 0 0,0 0 0 0 0,00 00 N,V V L6 L I` I` � ' C7 I` W ,U Z Q co LJ.I N H W 0) 0 p 06 W (n W O p o U' � p U ~O Q cn a LL . U , L : to �py V �, (D � " L L (D p LU W 0 U >" a U cn 93 0) L D Q N L U ♦` `J LU p Z3 Z3 N � Q O: to L- U _� F 0 Z�� �� O E Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: December 31, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services South Staples Street from Morgan Avenue to IH 37 Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $837,162.50, for South Staples Street from Morgan Avenue to IH 37 for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Naismith Engineering, Inc. for South Staples Street from Morgan Avenue to IH 37. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair of the existing four lane roadway. Other improvements may include adjustments to accommodate recently improved curb and gutter, sidewalks, ADA curb ramps, as well as improvements to lane striping and pavement markings and bus stop rehabilitation, which is consistent with the Urban Transportation Master Plan (UTMP). Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the Urban Transportation Master Plan /Integrated Community Sustainability Plan (UTMP /ICSP). Naismith Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012- 03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 1 Street Improvements. K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STAR\FY 13 \1 -JAN 22 \13 - STAPLES STREET - MORGAN TO IH 37 \MEMO - STAPLES - MORGAN TO IH 37.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Naismith Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,838,000.00 $7,562,000.00 9,400,000.00 Encumbered /Expended Amount This item 643,052.38 194,110.12 837,162.50 Future Anticipated Expenditures This Project 1,194,947.62 7,218,052.38 8,413,000.00 BALANCE $0.00 $149,837.50 $149,837.50 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $837,162.50. This amount will be funded over two years, with FY 13 funding in the amount of $643,052.38, and FY 14 funding will be required in the amount of $194,110.12 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Naismith Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STAR\FY 13 \1 -JAN 22 \13 - STAPLES STREET - MORGAN TO IH 37 \MEMO - STAPLES - MORGAN TO IH 37.DOCX PROJECT BUDGET ESTIMATE South Staples Street from Morgan Avenue to IH 37 Project No. E12096 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP Wastewater CIP Storm Water CIP Gas CIP MIS CIP Total Utilities PROJECT TOTAL $ 689,000.00 582,500.00 2,702,500.00 63,000.00 63,000.00 $ 5,300,000.00 $ 4,100,000.00 $ 9,400,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... $ 6,409,090.91 Contingency ( 10%) ................................................................ ............................... $ 640,909.09 Consultant Fees: Consultant (Naismith Engineering) ............................................ ............................... $ 837,162.50 Geotechnical Study and Testing (TBD) $ 188,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 141,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 940,000.00 Finance............................................................................... ............................... $ 47,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 47,000.00 TOTAL................................................................................ ............................... $ 9,250,162.50 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $ 149,837.50 CITY COUNCIL EXHIBIT SOUTH STAPLES STREET FROM CITY OF CORPUS CHRISTI, TEXAS MORGAN AVENUE TO IH 37 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Naismith Engineering, Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT South Staples Street from Morgan Avenue to IH 37 (Project No. E12096) BOND ISSUE 2012 —This project includes full -depth repair of the existing four lane roadway. Other improvements may include adjustments to accommodate recently improved curb and gutter, sidewalks, ADA curb ramps, as well as improvements to lane striping and pavement markings and bus stop rehabilitation, which is consistent with the UTMP. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /ICSP. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-11", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A/E) Services Page 1 of 4 K tENGINEERING DATAEXCHANGEWNGIEMISTREET \E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $837,162.54, (Eight Hundred Thirty Seven Thousand One Hundred Sixty Two Dollars and Fifty Cents. Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 4 K %ENGINEERING DATAEXCHANGEIANGIEM%STREE nE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC A/E further agreesi, in compliance with City of Corpus Christi Ordinance No. 17112, to couDlete. as,,*-Qt of this co.-ttrqct. the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager Daniel Biles�. E., Date Director of Engineering Services Office of Management Date and Budget KNOW Contract for Engineering *vE>Services Page aof* wswomssmmuo»rxaxcwwosmwo[EM,ornene~zm9r3 SOUTH STAPLES STREET FROM wmnmNnawor BOND ISSUE oo`o, CONTRACT PROFESSIONAL ATTEST Armando Chapa, City Secretary South Stanles Street from Moraan Avenue to IH 37 lProiect No. E120961 Department Fund Source No. Amount Street 550950 - 3549 - 00000- E12096 $355,636.90 Wastewater 550950 -4251- 00000- E12096 166,301.12 Storm Water 550950- 3496- 00000- E12096 120,415.48 Water 550950 -4092- 00000- E12096 138,002.70 Gas 550950 -4556- 00000- E12096 56,806.30 Total $837,162.50 Encumbrance No. Contract for Engineering (A/E) Services Page 4 of 4 K %ENGINEERING DATAEXCHANGE%ANGIEWSTREE nE12D96 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Staples Street — Morgan Avenue to IH 37 (Antelope Street) Project No. E12096 Bond Issue 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page 1 of 9 K%Engineonng DataExchangeVWGIEMISTREET1E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012%EXHIBIT A UPDATED REVISED 12 18 2012,doc 1 Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CD8G, LISPS, CCISD, community groups, TDLR, etc. 5, Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction, S) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and p"I for the intended purpose of this project. ADY 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will, a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). EXHIBIT "A" Page 2 of 9 K%Engin&eKng DataExchangeWNG€EM%STREET1E12096SOUI'H STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012%EXHIBIT A UPDATED REVISED 4218 2012-doc c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. the final and bed deGuments 0 submittal - PFGYide one (1) set ef pire plans staff fGF Feyiew and appFoyal PUFPGS86 With F8Y*red estimates Of pFebable rests. 0 Held PFGjeGt five days Gf the Fneeting. Assimilate aIIFeY*8 meetiRgs to attendees within weFk*ng i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer priorto re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, , and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT "A" Page 3 of 9 K%Engimering DateExtriangeVWGIEMISTREET %E120B6 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20121EXHIBITA UPDATED REVISED 12 18 2012.doc The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor EXHIBIT "A" Page 4 of 9 K%Enginaanng DataExchargeVWGIEMISTREET1E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20121EXHIBIT A UPDATED REVISED 12 18 2012.doo changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: the -aFea e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments I. Texas Department of Licensing and Regulation (TDLR ) 2. Riaht -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. EXHIBIT "A" Page 5 of 9 K%Engmeertng DaUtExd%an9e%NGIEM%STREET%E12O% SOUTH STAPLES STREET FROM MORGAN TO IN37 BOND ISSUE 20121EXHLBIT A UPDATED REVISED 1218 2012 -Qx b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor$' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. EXHIBIT "A" Page 6 of 9 K%Engmeenng DataExchangeMGIEM%STREET%E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20121EXHISIT A UPDATED REVISED 1218 2012,Coa 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. utility farileties, suGh as manheles, valve boxes, posts, •, this WeRigatien with existing utility FeeeFds.) These utilities will be 196ated by Quality 69yel G. LeratieAs will be based on the suweyed IGGatieAs of Feplased as paFt Of this PFGjSGt aAd that fall within the feetp�int Gf eenstFur.4men felated exGayatien shall be IGGated at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and F EXHIBIT "A" Page 7 of 9 K1En w*enn9 DawExch n % NGIEMISTREET%E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012ZXHIBIT A UPDATED REVISED 12 18 2012 doc prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A". II. SCHEDULE Date ctivity January 22, 2013 Engineering Contract Executed July 8, 2013 Draft En-gineering Letter Report 30% Submittal July 29 2013 Meet with City Staff to go over Draft ELR August 19, 2013 Final Engineering Letter Report 100% Submittal August 30, 2013 Present ELR to Cit y Appointed Committee September 2, 2013 Receive Authorization to begin Design April 7, 2014 Interim Plan /Bid Document Submittal A ril 28, 2014 Meet with City Staff to go over 60% Interim Submittal May 19, 2014 100% Final Plan /Bid Document Submittal June 9, 2014 Meet with City Staff to go over 100% Final Submittal June 23, 2014 Submit Sealed Plan /Bid Documents for Bidding July 6`" and 130, 2014 Advertise for Bids July 22, 2014 Pre -Bid Meeting August 6, 2014 Receive Bids September 2, 2014 Contract Award October 6, 2014 Pre- Construction Meeting and Issue Notice to Proceed October 13, 2014 Begin Construction September 21, 2016 End Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. , the statemeAt will be based upen City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 K%ErSw"nng DaWExowvpWNGIEM%STREET%E12096 SOUTH STAPLES STREET FROM MORGAN TO IK37 BOND ISSUE 20121EMIBIT A UPDATED REVISED 1218 2012 Cx Summary of Fees Basic Services Fees 1. Preliminary Phase $ 63,760.00 2. Design Phase $ 365,517.50 3. Bid Phase $ 8,690.00 4. Construction Administration Phase $104,755.00 Subtotal Basic Services Fees $ 542,722.50 Additional Services Fees (Allowance) 1. Permit Preparation $ 6,405.00 2. ROW Acquisition Survey $ 2,000.00 3. Topographic Survey $ 56,000.00 4. Environmental Issues $ 120,000.00 5. Public Involvement $ 35,000.00 6. Subsurface Utility Exploration $ 60,500.00 7. Closed Circuit Television Inspection $ 5,600.00 8. Public Outreach $ 7,610.00 9. Geotechnical Engineering - Pavement Section Analysis 10. Warranty Phase $ 1,325.00 Sub -Total Additional Services Fees Authorized $ 294,440.00 Total Authorized Fee $ 837,162.50 EXHIBIT "A" Page 9 of 9 K%Erg rwerug DataExchangetANGIEMISTREE nE12M SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012%EXHISIT A UPDATED REVISED 12 1B 2012 doc 1) Project Limits are from Morgan Avenue to IH 37 (Antelope Street). The fallowing are guidelines and the direction given for addressing the proposed improvements as they relate to the new roadway reconstruction and city utilities on this project A. STREETS • Provide services per Exhibit A. • Existing Roadway is a four lane road in deteriorated condition. All intersections along this section of Staples Street are controlled by lights. The existing section of Staples Street is a four lane C-2 Secondary Collector with a 42' B -B pavement section from IH 37 (Antelope Street) to Leopard Street; and a four lane A -1 Miner Arterial Undivided section with a 64'13-B pavement section with roadside parking from Leopard Street to Morgan Avenue. The recommendation is to reconstruct approximately 6800 LF of roadway. The sidewalks, curb ramps, and concrete gutter have recently been upgraded for this project area; therefore limited repairs for these items are expected. The target design is for a 30 year pavement section.. Connect to existing pavement at all crossing road intersections (to the west/east limits of each curb return) between Morgan Avenue and IH 37, connect to pavement at south side of Morgan Avenue intersection, and connect to existing pavement at south limits of curb return at IH 37 (Antelope Street). Coordination with TxDOT and other consultants working on behalf of the City on abutting projects will be necessary. Evaluate /Replace cross walk striping and stop bars at intersections. • Install bus concrete pads at 13 RTA bus stop located along this section of Staples (coordinate with RTA to see if any stops can be eliminated). • No modifications /upgrades to traffic signalization are included in this project. EXHIBiT "A-1" Page 1 of 10 B. GAS • Provide services per Exhibit A. • Construction modifications of gas infrastructure to be completed by City Gas Department. • Current city gas standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. C. WASTEWATER • No hydraulic calculations are required for the wastewater system. Where required, lines will be replaced with new lines of similar size and hydraulic capacity or rehabilitated through a CIPP process. All existing brick manholes will also be rehabilitated. • Consultant is authorized to open city manholes without the presence of a city employee (Consultant takes full responsibility for safety of personnel). • Current city wastewater standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. D. WATER • Provide services per Exhibit A. • Replace all AC, DI and CIP waterlines which may end up under the proposed pavement. • Existing lines which are outside the proposed pavement shall be evaluated and a recommendation shall be provided on whether to replace them. • Existing Fire hydrants shall be replaced /salvaged as required. • Re- connect service connections as required. • Current city water standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. EXHIBIT "A -1" Page 2 of 10 E. STORMWATER • Provide services per Exhibit A. • Run drainage models (Storm CAD) to evaluate existing conditions and changes to accommodate developed flows as per current City Drainage Plan. • Confirm outfall configurations and capacities of existing drainage system to verify hydraulic grade lines at 5, 25, and 100 year flood events. • Current city stormwater standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. 2) Attend and participate in project meetings as outlined in Exhibit A. Additional planning meetings with City staff /departments (engineering, streets, water, wastewater, stormwater, & gas) will be needed to discuss planning and conceptual design. 3) Contact Texas One -call system to locate existing utilities in the field and coordinate with appropriate City operating departments. 4) Perform field investigation (surveys as authorized by Additional Services) as required to define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters required to complete the letter report, hydrologic /hydraulic analysis and construction drawings. 5) Develop preliminary street cross section based on geotechnical findings, and develop preliminary pavement evaluation and recommendations (one pavement section will be bid). 6) Once the Engineering Contract has been executed, the consultant would like to request any record drawings, record information of existing facilities, utilities, copies of existing studies and plans, traffic counts, and benchmark/coordinates as available from the City pertaining to the project area. 7) Prepare Engineering Letter Report (ELR) and Submit to City for review and approval (30% Draft and 100% Final submittal) as detailed in Exhibit A. Conceptual life -cycle cost estimate with pavement recommendations (both for flexible and rigid sections) will be submitted as part of the Draft ELR (Listed under Additional Services for Geotechnical Pavement Section Analysis). Following this review the Final ELR will be completed using one selected pavement design; and all plans/ bidding documents will reflect this selected section. EXHIBIT "A -1" Page 3 of 10 8) Develop construction drawings in English units in ANSI D sheets. The plans shall be submitted to the City for review at the following key milestones: (The City shall provide current standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents as listed on Exhibit A). "Note that the 90% review submittal outlined in Exhibit A is eliminated. 60% Submittal for review 100% Submittal for review Final Plans issued for bidding (signed and sealed) 9) Provide scope of geotechnical testing requirements including specific tests needed and data required to the City's Geotechnical Consultant (NEI recommends using Kleinfelder for the geotechnical explorations). 10) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: a. Title Page b. Table of Contents C. Notice to Bidders d. Notice to Contractors — A e. Notice to Contractors — B f. Part A — Special Provisions g. Part B — General Provisions h. Part C — Federal Wage Rates and Requirements i. Part R — RTA Contracting Requirements (if required) j. Part S — Standard Specifications k. Part T — Technical Specifications (if required) I. List of Drawings M. Geotechnical Report n. Notice o. Agreement P. Proposal /Disclosure Statement q. Performance Bond r. Payment Bond 11) Prepare powerpoint presentation in City format for City- appointed capital project oversight committee meeting following the 30% Draft ELR submittal. This also includes preparation of agenda, meeting minutes, and memos. 12) Address comments received from the City for the 60 %, and 100% contract drawings and bid documents Submittal. 13) Provide Quality Assurance /Quality Control (QA/QC) review and submit one (1) hard copy and one (1) electronic copy of the 60 %, 100 %, and Final contract EXHIBIT "A -1" Page 4 of 10 drawings and bid documents to the City. 14) Update the Opinion of Probable Costs at the 60% and 100% submittal, and provide comparison to City budget. Submit to the City and provide any revisions or modifications to the project scope if needed. 15) Develop a Construction Phasing and Traffic Control Plan for the selected pavement section to minimize the impact of the construction. Coordination with TxDOT and other consultants working on behalf of the City on abutting projects will be necessary. 16) Coordinate with electric, communication, private pipeline companies, and other franchise utilities that may have existing facilities that must be relocated to accommodate the proposed improvements as outlined in Exhibit A. Additional Services 1. PERMIT PREPARATION (AUTHORIZED) 1) Furnish to the City all engineering data and documentation necessary for the following governmental permits as needed to complete the project. Texas Commission on Environmental Quality, National Pollutant Discharge Elimination System - Construction Stormwater Permit under the published General Permit, Texas Department of Licensing and Regulation, (submit permits to TCEQ, NPDES, and TDLR; and coordinate work with RTA, TxDOT, CCISD, EMS Services, and Franchise utilities). No other permitting requirements are anticipated. 2) Prepare and submit the listed permit applications and associated fees to the appropriate authorities as required to complete the project. 3) Register project with TDLR and submit plans /specifications to RAS for review, secure approval for construction, and coordinate final inspection with Contractor /RAS and obtain certification letter. 2. RIGHT -OF -WAY (ROW) ACQUISTION SURVEY (NO CHANGE) 3. TOPOGRAPHIC SURVEY (AUTHORIZED) 1) Research horizontal (NAD 83) and vertical (NAVD 88) controls as described in Exhibit A. 2) Pre -plan control survey. EXHIBIT "A -1" Page 5 of 10 3) Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Locate and tie -in tract boundaries. 8) Locate and tie -in any new R.O.W. boundaries. 9) Locate and tie -in known utility infrastructure and other miscellaneous structures within known R.O.W.. 10) Download raw survey field data, copy field notes, reduce data and check results. 11)Set baseline control points for construction. 4 ENVIRONMENTAL ISSUES (AUTHORIZED) 1) Request Regulatory Screening Assessment of project area. 2) Review /evaluate findings and provide recommendations to be used in Engineering Letter Report. 5. PUBLIC INVOLVEMENT (ALLOWANCE) 1) If requested by City, participate with staff at two (2) public meetings as described in Exhibit A. City Staff will lead meeting and provide support; and the Consultant will be required to prepare exhibit boards and handouts to illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. 2) Identify and recommend public outreach and community stakeholder requirements. 6 SUBSURFACE UTILITY EXPLORATION — SUE (AUTHORIZED) 1) Provide exploratory excavation to determine locations of existing utility and communication lines per Quality Level A as described in Exhibit A. Coordinate with City Gas Department to excavate and determine horizontahvertical location of all existing gas lines per Quality Level C as described in Exhibit A. 2) Explorations would be completed using either a water lance probe or by EXHIBIT "A -1" Page 6 of 10 hydroexcavation. All excavations will be performed within paved areas, which also require traffic control for each site. 3) Explorations would be completed every 500 feet along the street alignment, with an average of three sites per each cross section (approximately 41 locations). 4) Provide survey to tie excavated utilities vertically and horizontally. 7. CLOSED CIRCUIT TELEVISION INSPECTION — CCTV (AUTHORIZED) 1) All wastewater lines shall be evaluated by CCTV. 2) Inspect interior of each line segment and obtain detailed information. 3) This information shall consist of deviations in line and grade, abnormal conditions of pipe barrel and joints, locations of dropped or broken taps, and locations and quantities of any sources of infiltration or inflow. 4) A report log and DVD will be provided for review by the Wastewater Department. 8 PUBLIC OUTREACH AND CUMMUNICATION (ALLOWANCE) The project will impact a number of heavily utilized facilities including City Hall, Nueces County Courthouse, the RTA Transit Center /Major Routes, Morgan intersection access to Spohn, and multiple small businesses (including a number of restaurants and businesses whose only major parking and access is actual on Staples). A number of these businesses and the users of the area may use Spanish as their primary language. Thus, a coordinated, bilingual and pro- active public outreach and information program is desirable for this project. The scope presented below contains basic concepts with an eye to cost - sensitivity. Public outreach efforts require an interactive approach and often must be adapted as the project unfolds. 1) Ongoing Overall Project Coordination General Communication /Coordination- For effective coordination, periodic meetings, emails, telephone calls and discussions will be held with representatives of the City, the consulting engineer and, once construction begins, the contractor's representatives. This will ensure prompt citizen notification of project and /or schedule changes. A log of telephone calls, contacts and one -on -one meetings will be kept and updated and will be included in the project notebook. One -on -one meetings, as discussed below, may also be set with certain of these groups. EXHIBIT "A -1" Page 7 of 10 31MMzMMM NOTE: Did not include web site on this project, but can be added. Could use existing wwwAriveslaplosgom. Would add to labor budget and small amount to continue web site for additional years. ip� I pilill 111 "'I MINN.. r r IMSIMOIRMI 1 0 !RMMMMME SMOSM. �MOFA,R*I= of those meetings to the project team. A member of the Engineering Design team will attend these meetings. Likely meetings to be held include Spohn Hospital (including EMS), CCRTA, coordination with county officials, particularly in terms of jury calls, and businesses along the corridor. It is anticipated that six (6) meetings will be held during the design phase and four (4) meetings will be held during construction. • Individual Communication with the Public During Construction- OA will be a point of contact during construction for members of the public who have concerns or questions. OA will either respond to the concerns /questions or route the individuals to the appropriate persons. Based on past experience, this is an important part of enhanced outreach and communication for certain projects and is very effective in assuring a positive public perception of the project. • Spanish Translation — Because of the nature of the businesses along this corridor and the patrons of these businesses, it is anticipated that some of the project information and updates will need to be translated, posted and distributed in Spanish. Some time has been allowed for these services, though it is not anticipated that information developed will be fully translated. Rather critical summary information will be developed in Spanish, including meeting notices. In addition, Olivarri staff can answer inquiries or questions from the public in Spanish. 3) Open Houses /Public Meetings (Two meetings) • The first meeting will be as the project begins to discuss design and will be held in a location convenient for those in the project area to attend and which is handicapped accessible. It is assumed representatives from the City Engineering Department and the Engineering Consultant will conduct the meeting. The meeting will be scheduled on a weekday late afternoon /early evening. It will be in an Open House format with opportunity for one -on -one discussion followed by a presentation on the project with opportunity for community input. OA will arrange the meeting location; provide sign -in sheets, comment forms and agendas; and provide assistance at the meeting. OA will send notices to those persons /organizations in the project database, coordinate with City Public Information to issue media releases promoting the meeting, and publish one display ad in the Corpus Christi Caller -Times in advance of the meeting. If possible, the City will provide an electronic message board to further publicize the meeting. Summary notes of the meeting will be EXHIBIT "A -1" Page 9 of 10 provided by OA to the City Engineering Department and the consultant following the meeting. Copies of all meeting information will be included in the project notebook. The budget includes expenses related to the two meetings including possible charge for meeting rooms, advertising in the Caller - Times, mailing of notices on the meeting and copying of materials to be distributed. • The second meeting will be held following bid acceptance and also will include representatives from the construction contractor. Arrangements will be as detailed above in the first meeting for this project with OA. Summary notes of the meeting will be provided by OA to the Engineering Department, the engineering consultant and the contractor following the meeting. Copies of all meeting information will be included in the project notebook. Note: No funds have been allowed for rental of meeting locations in the budget. It is assumed meetings can be held at City Hall. Some addition funds have been allowed for published notices to contain summary information in Spanish. 9. GEOTECHNICAL ENGINEERING — PAVEMENT SECTION ANALYSIS (AUTHORIZED) 1) Identify service conditions and life -cycle projections (based on the Federal Highway Method) for proposed design. 2) Review copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and estimates for each pavement section. 4) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to include in the bid documents to assist the City during the Contractor selection process. 14. WARRANTY PHASE (ALLOWANCE) 1) Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A -1" Page 10 of 10 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURAN MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 KWxMrx=ng DafaExchwW%ANGIEM%STREET%E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201214 EXHIBIT B INDEMNIFICATION -OCT 2010.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 K%Enginowng DataF-xchangG %ANGIEIMSTREErE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012W EXHIBIT B INDEMNIFICATION - OCT 2010 Caex H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 K1Engineenng DataExdfange %ANGIEMISTREETlE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201244 EXHIBIT B INDEMNIFICATION - OCT 2010.doox w 0 ; C `O ��p O... m C 0 E� O g 0 V w 0 ; C *ale 00 `O O g O... m * N * 0 C g 0 g 0 ** 0 c *** M Q 0 N c W O O � O X � D O C 0 N CZ Z m L W v > z° 'O ^ IL CL �. O V z QI j C U) V *ale 00 `O O g *ale O m * N * 0 * 0 g 0 g 0 ** 0 8 *** M N °oaaa� 0 1A 1A oaoOOO8 m ) Z go O O QI �y U) C U. t� O O Co c 8 Ln 0 O O O i E pc c °-�n-`0 v°'i00 m O 'yam c o� Q ie E a�ilo= N 0 aisiro0'n fR �aa� a�g"On sCLoWCa fR Hod (I R� 6% Ott O c o o gn Q O 0 0 0 0 0 Ln O to C3 m 40 ta r aaaoo 0 O o Ip t� a IA an Ci oor• a a t0 coo � 1� atit� N 1ft CD d! f A O to N 8 O 8 N so NN t0 c o o N O N N LO m r 61% V- N 61% SO AO O O 00 0 N 0 0 0 0 N 800 N O O V- O V- .- e- e- e- V- V- V N c� a o o ( pD p p o 0 p o a Co N � pp � f_ g N H4 iA iff lal EXHIBIT "C" Pa e 7 of 1 8 M ) Z H a� QI �y U) C U. t� mca c w N v i E pc c °-�n-`0 v°'i00 m O 'yam c o� Q ie E a�ilo= N 0 aisiro0'n �aa� a�g"On sCLoWCa Hod (I R� m C#) EXHIBIT "C" Pa e 7 of 1 SUPPLIER NUMBER TO BE ASSIGNED B)-CTTY- City of Corpus Christi Ordinance 17112, as amended, requires all persons or firrns seeking to do business with the City to provide the following information, Every question w estion must be ansered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Nai Sill ith Engineering, t;*. P. 0. BOX: STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: I. Corporation 2 Partnersliip 3. Sole Owner E] 4. Association 1i 5. Other H DISCLOSURE QUESTIONS If additional Space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus firisti having an "ownership interest" constituting 3% or more of the ownership in the above named Name Job Title and City - - - -N-A Department (if known) 1 2. State the names of each "official", of the City of Corpus Christi having an :`ownership interest" constituting 3% or more of the ownership in the above named "firm," Naille Title M/ � 3. State the narnes of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named :`Firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Na Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benerit on any City official or employee that is distinguishable from the effect that tile action will have can members of the public in general or as substantial segment thereof, you shall disclose that fact in a signed writing to the City official, crnplo�,ee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent, 'file disclosure shall also be made in a signed writing filed with the City Secretary. -thics Ordinance Section 2- 341(d3] CERTIFICATION I certiA, that all information provided is true and correct as of the date ofthis statement, that I have not knowingly withheld disclosure of any information requested; and that Supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes Occur. Certifying Person: Title: VCL re A4 °PItA (Type or Prin o Signature of Certifyin r Date: Person: 6 ile7l DEFINITIONS a. "Board inernber." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect oil members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. "T-irm." Any entity operated for economic gain, whether professional, industrial oi- commerchiL and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor. members of' the City Council, City Manager, Deputv, City Manager, Assistant City Managers, Department and Division Beads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitible interest, whether actually or constructively held. in a firm, including when sucli interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." '*Consultant." Any pet-son or firin, such as engineers and architects, hired by tile City of Corpus Christi for the purpose oil' professional consultation and recommendation. I f" \; C\l O CA ct 5p 1� O ct CA I •� � 34-J Ct a� • U �i � p O U 0 4-J o � a � M �•o � O � U w � � C) ct " awct co i1 Kii 0 0 0 0 0 0 0 ri 01 O O O O O 0 0 0 0 0 0 0 01 O Ln O O Ln Ln 6 6 6 6 6 6 6 O 6 N O O N I� 0 0 0 0 0 0 0 O O w O O w M O O Ln Ln O O O O Cl ri O O ri w O m N N M M O C1 O I� 00 Ln O C1 O w w O w w O ORCT M w I- Ln q:T M w Ln I* W w ri ri N ri Ilf N C1 lG N ri 01 N U i on i 'i pl pl pip W t +� fC i W d W ri m d Vj ,on V N f o " `_' ' *' *' 'i a_ W i i i Vf ui v 3 a s � U V Ln J __ J Z V V D to Z +�+ vf of Ln H Z O H ,E m of o � V V V V L7 OTC Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: January 9, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services McArdle Road Improvements — Ennis Joslin Road to Whitaker Drive Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $957,720.00, for McArdle Road — Nile Drive to Ennis Joslin Road and McArdle Road from Whitaker Drive to Nile Drive for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with RVE, Inc. for McArdle Road Improvements — Ennis Joslin Road to Whitaker Drive. BACKGROUND AND FINDINGS: The McArdle Road Improvements Project involves expanding the existing 2 -lane roadway from Ennis Joslin Road to Nile Drive to a three lane roadway with two travel lanes and a continuous left turn lane and resurfacing and widening the existing 4 -lane roadway from Nile Drive to Whitaker Drive to comply with a C3 Collector per the Urban Transportation Master Plan (UTMP). East of Nile Drive, the street improvements include a new street section. West of Nile Drive, the street improvements include a mill & overlay of the existing road surface with periodic full -depth pavement repair and pavement widening. In addition to the street improvements, the Project includes new curb and gutter; sidewalks on each side of the street, ADA curb ramps, lane striping and pavement markings. The Project calls for evaluation of future bikeway requirements during design. Utility improvements associated with the Project include partial expansion, replacement and /or rehabilitation of existing storm, water and wastewater infrastructure. RVE, Inc. of Corpus Christi, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with RVE, Inc. as proposed. 2. Do not execute the Contract for Professional Services with RVE, Inc. as proposed. (Not recommended) K: \ENGINEERING DATAEXCHANGE\LYNDA\LEGISTARTY 13 \1 -JAN 22 \5 - MC ARDLE \MEMO - MC ARDLE.DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. RVE, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Water Wastewater Storm Water Gas FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,316,000.00 $8,384,000.00 $10,700,000.00 Encumbered /Expended Amount This item $957,720.00 $957,720.00 Future Anticipated Expenditures This Project $1,358,280.00 $8,218,220.00 $9,576,500.00 BALANCE $0.00 $165,780.00 $165,780.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $957,720.00 which will all be funded in the current fiscal year. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with RVE, Inc.. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXCHANGE\LYNDA\LEGISTARTY 13 \1 -JAN 22 \5 - MC ARDLE \MEMO - MC ARDLE.DOCX PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Whitaker Drive to Nile Drive Project No(s): E12097 & E12098 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP Wastewater CIP Storm Water CIP Gas CIP MIS CIP Total Utilities Project Total $ 780,000.00 $ 660,000.00 $ 3,060,000.00 $ 100,000.00 $ 100,000.00 $ 6,000,000.00 $ 4,700,000.00 $ 10,700,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... $ 7,295,454.55 Contingency ( 10%) ................................................................ ............................... $ 729,545.45 Consultant Fees: Consultant (RVE Engineering) ................................................. ............................... $ 957,720.00 Geotechnical Study and Testing (TBD) $ 214,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 160,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 1,070,000.00 Finance............................................................................... ............................... $ 53,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 53,500.00 TOTAL................................................................................ ............................... $ 10,534,220.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 165,780.00 McARDLE ROAD FROM CITY COUNCIL EXHIBIT NILE DRIVE TO ENNIS JOSLIN ROAD #E12097 & CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES - WHITAKER DRIVE TO NILE DRIVE #E12098 PAGE: 1 of 1 _ _ (f s± CITY OF CORPUS CHRISTI CONTRACT-FOR PROFESSIONAL SERVI The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and RVE, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 75401, (Arch itecVEngineer - AIE), hereby agree as follows; 1. SCOPE OF PROJECT McArdle Road Improvements - Ennis Joslin Road to Whitaker Drive (2012 Bond Issue) - Project No(s) E12097 & E12098 The McArdle Road Improvements Project involves expanding the existing 2 -lane roadway from Ennis Joslin Road to Nile Drive to a three lane roadway with two travel lanes and a continuous left turn lane and resurfacing and widening the existing 4 -lane roadway from Nile Drive to Whitaker Drive to comply with a C3 Collector per the UTMP. East of Nile Drive, the street improvements include a new street section. West of Nile Drive, the street improvements include a mill & overlay of the existing road surface with periodic full -depth pavement repair and pavement widening. In addition to the street improvements, the Project includes new curb and gutter; sidewalks on each side of the street, ADA curb ramps, lane striping and pavement markings. The Project calls for evaluation of future bikeway requirements during design. Utility improvements associated with the Project include partial expansion, replacement and/or rehabilitation of existing storm, water and wastewater infrastructure. The construction Budget for the project is $4,500,000 (street) + $3,525,000 (utilities) = $8,025,000. No additional right -of -way is anticipated as necessary for the Project. RVE, Inc. will design street and utility improvements per the above- stated directives that are constructible within the limits of the existing street right -of -way and within the stipulated construction budgets. The design of offsite drainage or utility improvements and right -of- way acquisition services are not included in the scope of services provided under this Contract, 2. SCOPE OF SERVICES The A/E hereby agrees, at its .own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the A/E (provide CONTRACT FOR ENGINEERING (AIE) SERVICES Page 1 of 5 K:1Engineering RataExcrlangeLClarissaJ151reels1E12097 & E12098 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin Roac!WE, Inc%Large AE Contractll -AE conlrarLdoo breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee, 4. MANDATORY REQUIREMENTS A/E agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B» 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized. Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. CONTRACT FOR ENGINEERING (A/E) SERVICES Page 2 of 5 KAEngineering DataExchangelClar issaJSStreelshE12097 & E12098 - McArdlo Road from Whitaker to Nile Dr to Ennis Joslin Road1RVE. Incll.arge AE Contrec111 -AE Conlracl.doc i 7. LOCAL PARTICIPATION The - City - Councils- statLd °policy -is that C' xpenditures on contracts for pro essional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "Br' by an insurance company acceptable to the City. The Consultant further agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B ". 11. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "D ". CONTRACT FOR ENGINEERING WE) SERVICES Page 3 of 5 KAEngineoring DataExchangelClarissaJlStree1s 1E120g7 & E12098 - McArdle Road from Whilakorto Nile Drto Ennis Joslin Road1RVE, InclLargeAE Conlrac6l -AE Contract.doc - -- CITY OF CO Oscar R. Martinez Assistant City Manager Inc. lZ -18�r, Date Patrlolc . Vete o,`P.E. Date 820 Buffalo Street Corpus Christi, TX 78401 (361) 887 -8851 Office (361) 887 -8855 Fax RECOMMENDED D el Biles, P.E. Da e Director of Engineering Services APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary McArdle Road from Nile Drive to Ennis Joslin Pro ect No. E12097 Fund Source No. Amount De artment $279,098.42 Street 550950 - 3549 - 00000- E12097 56,710.37 Wastewater 550950 -4251 -00000- E12097 104,642.72 Storm Water 550950 - 3496 - 00000- E12097 43,623.36 Water 550950- 4092 - 00000- E12097 4,362.33 Gas 550950 - 4556 - 00000- E12097 $488,437.20 Total CONTRACT FOR ENGINEERING (AIE) SERVICES Page k of 5 MEnginearing DataExchangelClarissaJ lStreets1E12097 & E12098 - McArdle Road from whileker to NO Dr to Ennis Joslin Road ME. Incllarge AE Conlractll • AE Conlract.doc u J41 McArdle Road from Whitaker Drirre to Nile Drlyq- Pro'ect- No- E12098 Department Fund Source No. Amount Wastewater 550950 - 4251 - 00000- E12098 54,486.43 Storm Water 550950- 3496 - 00000- E12098 100,539.08 Water 550950-4092-00000-E12098 41, 912.64 Gas 550950- 4556 - 00000- E12098 4,19127 Total $469,282.80 Encumbrance No. ENTERED DEC 19 2012 CONTRACT MANAGERS CONTRACT FOR ENGINEERING (A!E) SERVICES Page 5 of 5 KAVngineering DateExchangeXC larissajk$tfeets%El2097 & E12098 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin Road1RVE, Inc4Large AE CDnlraCAl -AE Conlract.dac a EXHIBIT "A" - - - -- -- - - CITY OFSORPLKS CHRISTI, _TEXAS - McArdle Road Improvements nis Joslin= Road =to= Whitaker= Drive= ( -201 -2 =Bond= Issue) -- -- - - - - - - - -- Project No(s): E12097 & E12098 I.. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services Preliminary Phase. The Arch itect /Engineer - -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area e) Develop preliminary requirements for utility relocations rephcements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections using the FHWA's "Real Cost" software with input parameters mutually agreed upon by the City and the Consultant. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements, i) Develop drainage area bioundary map fer existing and proposed drainage areas served (MOVED TO ADDITIONAL SERVICES) j) GenduGt the hydFaWG analysis to quantify the storm sewer design of existing and proposed systems. inGlude the analysis of inlet . (MOVED TO ADDITIONAL SERVICES) k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 -- 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents EXHIBIT "A" Page 1 of 10 K lEngineering DalaExchangak0larissaJ4Streets1E12D97 & E12098 - McArdle Road from Whitaker to Nile Dr 10 Ennis Joslln Road1RVE, InclLarge AE Conlractl2 -EXHIBIT Adoc required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including gineering design ba iis,_preliminary_ lay gt...__sketc ees. construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed- utilities; - identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDl3G, USPS, CCISD, community groups, TDLR, etc. " n on Gost savings toward City operations, whiGh this pFoilt' will affeiat. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. (MOVED TO ADDITIONAL SERVICES) City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files) d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website f) Provide bench marks and coordinates. far- 0 The records provided AjWs use undeF th s contract are preprietaFyy 69pyFighted, and Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. EXHIBIT "A" Page 2 of 10 K:1Engineering DataExchangelClarisseJlStreetsLE12097 & E12098 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin ROadWE. InolLarge AE Contracll2 -EXHIBIT Adoc r 2. Design Phase. Upon approval of the preliminary phase, designated by receiving - - - - - authorization _to_proceed, the -N-E- will_____ a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to - - - - - -- -accommodate= the = proposed= improvements.--T_h y--wd L- roa_liat -of_utillity franchises within the Project area. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to - -be - included under additional services).- - - C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 244 22 "x34" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide StGrPA WateF Pollution Prevention Plan, OnGluding GonstFuration des. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan ( SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A /E. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size• hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summar ' which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre4inall plans and bid dOGuments 0 submittal el8GtFGRpr. a- A full-size hard Gepies using City Standafds as applirable) to the Gity staff for review and approval purposes- with revised estimates of probable rests h) Hold IPR�eGt @QPA review meeting. Prepare rneet*,Rg agenda and distFibute rn Fne8tiRgs to attendees within five woFking days of the meeting. -AssimilmEn- advise City of responding and RGn-respending paFtiGlpants as appropriate and, upon i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be EXHIBIT "A" Page 3 of 10 K :1Engineer {ng DataExchangakC larissaJlStrests1E12097 & E12098 - McNdle Road from Whitaker to Nile Dr to Ennis Joslin Road ME, InclLarge AE ConlractU - EXHIBIT Adoc !� r r evidenced on the plans and be signed and sealed by a professional engineer prior to - re -use of modified plans.__ _ k) Provide Quality Assurance /Quality Control (QAIQC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete --- .f-...,...... designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the RmnP 1) Prepare and submit monthly status reports to the Project Manager no laterthan the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the . City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. EXHIBIT "A" Page 4 of 10 KAEngineering DalaExchanga {CFarissoJISlrestsLE12097 & E12098 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin Road ME, InclargeAE Contracll2 - EXHIBIT Adoc 4. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. Construction Administration Phase (Estimated 21 -Month Construction Purationl. The A/E- -will- perform- contract - administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impactng the project. b) Review, Contractor submittals and operating and maintenance manuals for . - - .._._ -.. conformance -to- contract- documents. - - -- - . . .... .. .... .. _ _ . - -- c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. --Prime Assist the City in the preparation of change orders as authorized by the City. , �e City under the contF g) Attend final inspection with =tytaff and provide the City with a Certificate of Completion for the project upon successful completion of the project h) Review Contractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. c) Designate an individual to have responsibility, authority, and control for coordinating activities for the Cityduring the Construction Phase. d) Prepare change orders as required. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. EXHIBIT "A" Page 6of10 KAEnginaering DataExcharLge \ClarissaJXStreets\E12O97 & E12098 - McArdle Road from Whitaker to Nile Or to Ennis Joslin Road1RVE, IndLarge AE ConlractV - EXHIBITA.doc � U The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: the area - -__ -.. b.------ TxD�tili y andsnv�ronmen -al permits,�n�til ip a use agreements. G. Wetlands Delineation and DeFm't d. TernpWary Discharge Pemift e. AID�D� %TenrlrneRtG (innh d'Rg :.................... of- r SSG, NO! NOT) _._--- -- .ERYire 1rneRtal.l ti�(Ti T F nitc.4n..J.C..6 _.__... . ._.................._ ! i I I C Ginter ..nrJ 1141i1rllife Senrir.e (I IQC11t1C) ('urns of Engineers (I ICAGq k. URIted States Finvir9nmental DreteGtion AgenGy (LJSF=�r\ I. Texas Department of Licensing and Regulation (TDLR) J M, Texas General I :;Ad offine (Trl ('1) 2, Right -of -_Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent rightof -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. AIE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the AIE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Set property corners and prepare right -of -way strip parcel map depicting parcels proposed for acquisition. Metes and bounds descriptions must indicate the parent tract areas based on the most accurate information available. Strip map will show entire parent tracts and be for information only. Existing easements within the parcels to be acquired and those within adjacent parcels must be shown. e) Prepare individual signed and sealed parcel maps and legal descriptionsfor the required right -of -way acquisition for parcels and easements. A strip map showing parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. AIE shall submit parcel maps and legal descriptions prior to the 60% submittal. 3. Topographic Survey and Parcel DesGftptkms ROW Verification All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition, Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. EXHIBIT "A" Page 6 of 10 K:lEngineering DataExchangelClarissaJlSlreeta1E12097 & E12096 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin Road1RVE, InclLarge AE Conlract%2 -EXHIBIT A.doc b) Establish both primary and secondary horizontal /vertical control. -_c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturb6bbe, d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), _ ......_ —and the data will have no adjustment factor applied — i.e. — the coordinate data will - -- - - - - ... ..... _ remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform ----- ..................... ... . .- - - - -- topographic surveys -to- gather-- existing- condition._informati_on .._. _.. _ _. _...... _. _._..... _....._._..._.. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. aFeas hased on the MOSI: aGGUrate infoFmatien available. Strop map will show eRtiFe de" and for information only. All existing easements within m) Prepare individual signed and sealed parGel mapis and legal dersGriptions for the required right of way aGq ition for parcels and easements. A strip map showing a!! map8 . and legal desc;riptiens prior to 0 submi 4. Environmental lssues. a) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. b) Provide environmental site evaluations and archeology reports that are needed for the Project 5, Public Involvement& Presentation to Capital Project Oversight Committee a) Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings b) Assist City in presenting summary of ELR findings to City - appointed Capital Project Oversight Committee, having responsible charge of vetting preliminary project design components prior to proceeding to project design phase, Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. EXHIBIT "A" Page 7 of 10 K:lEngineering CataExchangalelarissaJlSlreets %El2g97 & E12098 - McArdle Road from Whitaker to Nile Or to Ennis Josiin Road ME, InclLarge AE Contracll2 -EXHIBIT A.doc 6. Subsurface Will& Investigation - a)- -_ Provide subsurface utility engineering in accordance with ASCE Standard °ASCE C- 1, 38 -02, Standard Guideline forthe Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface - - -_ - -- —.- utility - -inv- stigation -wll= be -as- follows: i) Excavation - The survey scope includes working with a subsurface utility excavatorto perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of __.... __ ....... .......... ...... .............__......._ _.__- nondestructive -- digging -- equipment - -at -- critical -- points -to- determine - the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and anelevation will be obtained to the top of the utility. il) Utility Location - The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water- Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater- Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water - Water facilities within the project limits will be located to Quality Level A. vi) Gas - Gas facilities within the project limits will be located to Quality Level A by the AIE. The City of Corpus Christi Gas Department will provide Quality Level C. The AIE will coordinate this activity. vii) Add SUE findings to topo drawing. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. A list of franchises within the Project area will be provided by the City. 7, Construction Observation Services. To Be Determined (Not included in the scope of services of this Contract) 8. Start-up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the endof the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no laterthan sixty (60) days priorto the end of the maintenance guaranty period. EXHIBIT "A" Page 8 of 10 K:1Engineering DateExcharngeXG larissaJlSlreels1E12097 & E12098 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin ROad1RVE, InclLarge AE Contract52 -EXHIBIT A.doc I 10. Drainage Analysis of Existing Storm Infrastructure. Develop drainage area boundary map for the three (3) existing drainage areas served. Perform hydrologic calculations to determine stormwater runoff flows. Conduct hydraulic analysis to determine the Qfxistingand- prop_osed--sto- rm --%ew r--llne - anti- inietS- �AJI =H&H - -- calculations will be performed in accordance with the City's Draft Drainage Criteria Manual. Prepare an Opinion of Probable Cost of recommended improvements. Prepare a Report of Findings with exhibits. Design of capacity upgrades to existing storms - sew —evn ains- and- offsite stormwater- infrastructure -Is not anticipated as necessary and is not included in the scope of this work, but can be provided for additional fees. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does -RGt supersede- supplements Exhibit "A ". II. SCHEDULE Date Activity Be in .Prelim i nary Phase receipt of NTP _Upon Submit Draft ELR 16 Weeks after receipt of NTP City Review 1 Week Submit Final ELR 4 Weeks after receipt of comments from City Submit 60% Design 12 Weeks after receipt of NTP from City City Review 2 Weeks Submit 100% Design 4 Weeks after receipt of comments from City_. City Review 1 Week Submit Sealed Plans & Docs 2 Weeks after receipt of comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Be in Construction 4 Weeks after Award of Contract Complete Construction Approximately 21 Months after Begin Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, AIE will submit monthly statements for basic services rendered. in Seetie , I ° -3, The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For sewiiues provided in SeGtion 1.A.4, th8 StatWnGIRt Will be based upon the City will make prompt monthly payments in response to AIE's monthly statement;. EXHIBIT "A" Page 9 of 10 K NEngineering DataExchange %ClarlssaJkStreeta1E12097 & r=12098- McArdfe Road from Whitaker to Nile Or to Ennis Joslin RoaMRVE, InclLarge AE ContracQ -EXHIBIT A doc B. Fee for Additional Services. For services authorized by the Director of Engineering Services _ under-Section-I.B. "Additional Services," the City will-pay the A/E-a-not-to-exceed fee-as-per the table below: Street I Wastewater Original Contract storm {Hater Water Gas I Total Basic Services Fees Additional Services Fees (Allowance) 1. Permitting (TxDOT) 1. Preliminary Phase $69,741.00 $14,391.00 $14,391.00 $11,070.00 $1,107.00 $110,700.00 2. Design Phase $266,272.65 $54,945.15 $54,945.15 $42,265.50 $4,226.55 $422,655.00 3. Bid Phase $19,041.75 $3,929.25 $3.929.25 $3,022.50 $302.25 $30,225.00 4. Construction Phase $50,935.50 $10,510.50 $10,510.50 $8,085.00 $808.50 $80,850,00 Subtotal Basic Services Fees 1 $405,990,90 1 $83,775.90 $83,775.90 1 $64,443.00 $6,444.30 $644,430.00 6. Construction Observation Additional Services Fees (Allowance) 1. Permitting (TxDOT) To Be Determined Authorized $5,145.00 TBD $5,145.00 $10,290.00 2. Perm ittin TDL R $3,230.00 Existing Storm $88,840.00 $3,230.00 3. Topographic Survey and Infrastructure Authorized ROW Verification $79,619.40 $16,429.40 $16,429.40 $12,638.00 $1,263.80 $126,380.00 Sub -Total Additional Authorized Services Fees $141,260.90 4. SUE Exploration (Hydra $121,405.80 $21,093.00 $2,109.30 $313,290.00 Excavation Authorized $39,375.00 $8,125.00 $8,125.00 $6,250.00 $625.00 $62,500.00 6. Public Meetings (2 Meetings) &Oversight Committee Presentation $11,812.50 $2,437.50 $2,437.50 $1,875.00 $187.50 $18,750.00 6. Construction Observation To Be Determined TBD 7. Drainage Analysis of Existing Storm $88,840.00 $88,840.00 Infrastructure Authorized 8. Warrant Phase $2,079.00 $429.00 $429.00 $330.00 $33.00 $3,300.00 Sub -Total Additional Services Fees $141,260.90 $27,420.90 $121,405.80 $21,093.00 $2,109.30 $313,290.00 Total Authorized Fee I $547,251.80 I $111,196.80 I $205,181.80 I $86,536.00 I $8,553.60 1 $957,720.00 EXHIBIT "A" Page 10 of 10 K kEngineoring DataExchangelClarissaJlStreeis 1E12097 & E12098 - McArdle Road from Whitaker to Nile Or to Ennis Joslin Road1RVE, MclLarge AE Contrac112 -EXHIBIT Adoc EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS McArdle Road Improvements is- Joslin= Road- to--IVhitaker- _Crlve -(20 -2 -Bond- Issue)_ _ - --- - - - - -- Project No(s) E12097 & E12098 TASK LIST GENERAL The McArdle Road Improvements Project involves expanding the existing 2- lane roadway from Ennis Joslin Road to Nile Drive to a three lane roadway with two travel lanes and a continuous left turn lane and resurfacing and widening the existing 4 -lane roadway from Nile Drive to Whitaker Drive to comply with a C3 Collector per the UTMP. East of Nile Drive, the street improvements include a new street section. West of Nile Drive, the street improvements include a mill & overlay of the existing road surface with periodic full -depth pavement repair and pavement widening. In addition to the street improvements, the Project includes new curb and gutter, sidewalks on each side of the street, ADA curb ramps, lane striping and pavement markings. The Project calls for evaluation of future bikeway requirements during design. Utility improvements associated with the Project include partial expansion, replacement and /or rehabilitation of existing storm, water and wastewater infrastructure. The construction Budget for the project is $4,500,000 (street) + $3,525,000 (utilities) _ $8,025,000. No additional right -of -way is anticipated as necessary for the Project. RVE, Inc. will design street and utility improvements per the above- stated directives that are constructible within the limits of the existing street right -of -way and within the stipulated construction budgets. The design of offsite drainage or utility improvements and right -of -way acquisition services are not included in the scope of services provided under this Contract. Exhibit "A" I. A. - BASIC SERVICES Preliminary Phase Provide Preliminary Phase Services in accordance with Exhibit'A' of the Contract for Professional Services with the following condition: Exhibit "A ". i. A. 1. o) - Clarification The stipulated requirements of this Contract are to design improvements that can be constructed within the existing right -of -way (ROW) and within the approved budgets. RVE will analyze the existing conditions of the Project and determine the required scope of improvements necessary to achieve the stated bond EXHIBIT "A -1" Page 1 of 4 objectives. RVE will prepare an Opinion of Probable Cost of these improvements - - and determine the -- required ROW necessary to- construct the—improvements. - - RVE will present this information to the City. The Opinion of Probable Cost will be based upon Project improvements with a 30 -year design life expectancy. If the Opinion of Probable Cost is more than the approved budget amounts, or if the required ROW exceeds the existing ROW, then RVE will determine the scope -- -of -improvements- that -can -be- co nstructed-withi n -th e-app roved -bud gets-a nd -within the existing ROW. RVE will present this information to the City. If the proposed improvements can be constructed within the existing ROW and within the approved budgets, or if the City chooses to reduce the Project scope to achieve both of these goals, then RVE will proceed to the Design Phase of this Contract. If the City decides to pursue proposed improvements that require additional ROW and/or have an estimated construction cost that exceeds the approved budgets, then RVE will prepare a Contract Amendment for the additional scope of work required to design those improvements. Design Phase Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Exhibit "A ", I. A. 2. d] 1. - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures to be used in certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor will prepare a specific traffic control plan that will coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and will utilize the typical examples provided in the construction plans. Traffic Control Plan will be submittal requirement subject to review and approval of the Engineer of Record and the City Traffic Engineer. 2. Design of traffic signals and street lighting is not anticipated as necessary for the Project and is not included in the scope of services of this contract. Bid Phase Provide Bid Phase Services in accordance with Exhibit `A' of the Contract for Professional Services. EXHIBIT Page 2 of 4 Construction Phase Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Exhibit "A" i. B. - ADDITIONAL SERVICES Sub'ect to Authorization 1. Permitting TxDOT Permitting: Coordinate with TxDOT during the design phase of the Project to obtain final approval of plans and specs. TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. ROW Ac uisition Survey Acquisition of additional right -of -way (ROW) is not anticipated as necessary for the Project. Should it be determined during the course of the Project that additional ROW is needed, ROW Acquisition Survey services can be provided for additional fees. 3. Topographic Survey & ROW Verification Topographic Survey & ROW Verification Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 4. Environmental Issues Environmental services are not anticipated as necessary for the Project. Should it be determined during the course of the Project that environmental conditions exist that need to be addressed, appropriate environmental services can be provided for additional fees. 5. Public Meetings 2 Meetings) & Oversight Committee Presentation Assist the City with Public Meetings (2) and presentation of the Project to the Oversight Committee in accordance with Exhibit `A' of the Contract for Professional Services. 6. S.U.E. Subsurface Utility Exploration will be provided in accordance with Exhibit `A' of the Contract for Professional Services. EXHIBIT "A -1" Page 3 of 4 7. Construction Observation Services Construction Observations services are not included in this contract. At a time in the future prior to bidding the Project, the City will determine if t e ons ruction Observatior� -- will -try provided- interna y or - -- - -- if RVE will provide the service. If the City decides that RVE will provide the Construction Observation services, then a Contract Amendment - -- will -be- prepared at- that-- time -to- cover -the- pro posed - scope -of- work.__ 8. Warranty Phase Services Warranty Phase services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 9. Drainage Analysis of Existincl Storm Infrastructure Drainage Analysis services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. Design of upgrades to existing storm sewer mains and offsite stormwater improvements is not included in the scope of this work, but can be provided for additional fees. Exhibit "A ", III. - FEES Exhibit "A" iii. Fees — Basic Services: Construction Phase Fee - Clarification The Basic Services — Construction Phase fee ($80,850) is based upon a 21- month (91 Weeks) construction duration for the Project with an average manhour rate of $100 per hour and an average time expense of approximately 9 hours per week. Should it be determined during the course of design, or during the construction of the Project, that a longer construction duration is necessary, or that construction of the Project requires more than $900 per week of effort by the AIE, a request for additional fees will be prepared and submitted to the City for consideration. In accordance with Exhibit "A ", monthly statements for Construction Phase efforts will be based upon AIE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing and will vary from month to month from the budgetary $900 per week mentioned above. EXHIBIT "A -f" Page 4 of 4 McArdle Road -Nile Drive - to_Ennis Joslin-(Project No. E12097) - - Whitaker Drive to Nile Drive (Project No. E12098) SUMMARY OF FEES _- McArdle Road from Nile Drive to Ennis Joslin Road Project No. E12097) Basic Services 1 Preliminary Phase 35,567.91 7,339.41 7,339.41 5,645.70 564.57 56,457.00 Desi n- -hwe_._______ 135,799.05 28,022.03 28,022.03 21,555.40 2,155.53 215,55474 _-.2- _..__.._._..._____._ 3 Bid Phase 9,711.29 2,003.92 2,003.92 1;541. -48 - 154. -15 15- 414:76 - - -- 4 Construction Administration Phase 25,977.11 5,360.35 5,360.35 4,123.35 412.34 41,233.50 Subtotal Basic Services 207,055.36 42,725.71 42,725.71 32,865.93 3,286.59 328,659.30 Additional Services Fees (Allowance) 1 Permitting (TXDOT) (Authorized) 2,623.95 0.00 2,623.95 0.00 5,247.90 2 Permitting (TDLR) 1,647.30 0.00 1,647.30 3 Topographic Survey and ROW Verification 40,605.89 8,378.99 8,378.99 6,445.38 644.54 64,453.79 (Authorized) 4 SUE Exploration (Hydra Excavation) 20,081.25 4,143.75 4,143.75 3,187.50 316.75 31,875.00 (Authorized) 5 Public Meetings (2) & Oversight Committee 6,024.38 1,243.13 1,243.13 956.25 95.62 9,562.51 Presentation (Authorized) 6 Construction Observation Services 0.00 0.00 Drainage Analysis of Existing Storm 0.00 45,308.40 45,308.40 7 Infrastructure (Authorized) 8 Warrant Phase 1,060.29 218a 79 218.79 168.30 16.83 1,683.00 Subtotal Additional Services Fees 72,043.06 13,9917.01 10,757.43 1,075.74 159,777.90 Total McArdle Rd from Nile Dr to Ennis Joslin Rd 279,098.42 56,7642.72 43,623.36 4,362.33 488,437.20 Street Wastewwater Water Gas Total McArdle Road from Whitaker Drive to Nile Drive Project No. E12098) Basic Services 1 Preliminary Phase $34,173.09 7,051.59 7,051.59 $5,424.30 542.43 54,243.00 2 Design Phase $130,473.60 26,923.12 26,923.12 $20,710.10 2,071.01 207,100.94 3 Bid Phase $9,330.46 1,925.33 1,925.33 $1,481.03 148.10 14,810.24 4 Construction Administration Phase $24,958.40 5,150.15 5,150.15 $3,961.65 396.17 39,616.52 Subtotal Basic Services 198,935.54 41,050.19 41,050.19 31,577.07 3,157.71 315,770.70 Additional Services Fees (Allowance) 1 Permitting (TXDOT) (Authorized) 2,521.05 0.00 2,521.05 0.00 5,042.10 2 Permitting TDLR) 1,582.70 0.00 1,582.70 3 Topographic Survey and ROW Verification 39,013.51 8,050.41 8,050.41 6,192.62 619.26 61,926.21 (Authorized) 4 SUE Exploration (Hydro Excavation) 19,29175 3,981.25 3,981.25 3,062.50 306.25 30,625.00 (Authorized) 5 Public Meetings (2) & Oversight Committee 5,788.12 1,194.37 1,194.37 918.75 91.88 9,187.49 Presentation (Authorized) 6 Construction Observation Services 0.00 0.00 Drainage Analysis of Existing Storm 0.00 43,531.60 43,531.60 7 Infrastructure (Authorized) 8 Warrant Phase 1,018.71 210.21 210.21 161.70 16.17 1,617.00 Subtotal Additional Services Fees 69,217.84 13,436.24 59,488.89 10,335.57 1,033.56 153,512.10 Total McArdle Rd from Whitaker Drto Nlle Dr 268,153.38 54,466.43 100,539.08 41. 912.641 4,191.27 469,282.80 Street Wastewater Stormwater Water Gas Total Total McArdle Road (Whitaker to Ennis Joslin) Basic Services 1 preliminary Phase 69,741.00 14,391.00 14,391.00 11,070.00 1,107.00 110,700.00 2 Design Phase 266,272.65 54,945.15 54,94515 42,265.50 4,226.54 422,654.98 3 Bid Phase 19,041.75 3,929.25 3,929.25 3,022.51 302.25 30,225.00 4 Construction Administration Phase 50,935.51 10,510.50 10,510.50 8,085.00 808.51 80,850.02 Subtotal Basic Services 405,990.901 83,775,901 83,775.901 64,443.001 6,444.301 644,430.00 EXHIBIT "A -2" Page 1 of 2 MCArdie Road _ -_ We Drive to Ennis Joslin (Project No. E12097) Whitaker Drive to Nile Drive (Project No. E12098)-- SUMMARY OF FEES 145 -- Topogr a phi and ROW Verification ____79,619.40 1 16,429.40 16,429.40 _ 1 12,638.00 3 - 39,375.04 8 8,125.00 8 8,125.00 6 6,250.00 4 (Authorized) 11,812.50 2 2,437.50 2 2,437.50 1 1,875.00 5 P 0.00 0 0.00 0 0.40 0 0.00 6 Construction Observation Services Drainage Analysis of Existing Storm 0 0.00 0 0.00 8 88,840.00 0 0.00 7 infrastructure (Authorized) 2,079.D0 4 429.00 4 429.00 3 330.0[ 8 Warrant Phase 0.001 10,290.00 0.001 3,230,00 1,263.80 126,380.00 625.00 62,500.00 187.50 18,750.00 0.00 0.0c 0.00 88,840.0C 33.00 3,300.00 2,109.30 313,290.0[ E!P!, IBIT "A -2" ge2of2 E!P!, IBIT "A -2" ge2of2 EXHIBIT "B" -- - - MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must - - - -- not -- allow- any-- subcontr ,actor - - -to- commence- work - until - all -- similar - insurance required -df- -the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1, Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2. Hired - Non -owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim 1$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,0001500,0001500,000 KaEngineedng DataExchangalCladssaJOreets 5E120g7 & E12088 - McArdle Road from Whitaker to Nile Dr to Ennis Joslin Road\RVE, Inclargo AE Contracts - Exhibit B - Insurance & Indemnification.doc EXHIBIT "B " Page 1 of 3 ,$ Pe C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies - of all reports within (10) ten days of- accident. - - - -- - - D. Consultant must obtain workers' compensation coverage through a licensed insura — - - -- - - - e witn i exa &-aw: - e con rac or coverage must a written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" i(dEnglnaering DalaExchangeSCladasaJ151reetsLE12097 & E12098 - MCArdlo Road from Whitaker to Nilo or to Ennis Joslin Roa&RVE, Inclarge AE Page 2 of 3 ConlractZ • Exhibit 8 - Insurance & Indemnificallon.doc ./ Al H. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, - - Successful - Consultant - shall- provide -a- replacement Certificate - -of Insurance and-applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be ..a lapse in coverage at any time during this contract. Failure to provide and to I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy_ endorsements to the extent _andLwithin_the_time_._herein_. required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. This INDEMNIFICATION AND HOLD HARMLESS is waived for any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with design or construction of bicycle lanes within the roadways. KAEngineedng DataExchanga %ClarissaJlStreets5E120B7 & 812098- MCArdlo Road from Whilaker to Nilo Ih to Ennis Joslin ROadVWE, Inc\Largo AE Conlrac115 - Exhlhit B - Insurance & Indemnificalion.doc EXHIBIT "B" Page 3 of 3 s L: T; Q w *' z - �p �+ S? ca� E V E •- - -_a 0 o O F' C 3 W O o V a- c � C �O O W *' z 0 LO C 1- O M W V r �ZZ N 0 0 d r ul 0 to m -j IL C � c� a •C a E C a� a (} Z C v m v 0C) N r+ C O v QQ O 0 r g d LO pe 0 0 0 M In N 0 0 0 0 0 .- r Q� M r M N to m fi? c� •C a E C a� a N o C m O m 0C) N 0 0000 Z -0 _Ln. -- 0� -n- -- ~ mm0 ~ ~ LO- —� -n- -o- It T lV 69 [L (V M to s i d) d3 #A Q a 0 0 0 o a o ❑ ❑ ❑ 8 0 0 o Ln U) U) r m h '0 Ln � Ln O w Q �+ U. Q)� C Z, 69 aM a a0 0 0 0❑❑❑ G 000 8 CD Lo � E d m m m D; LO N � 19 d a 0 U) co (a cm r r 0 0 0 0 0 0 o n p p p n 0 n n 0 0 0 0 Lf3 h Q 1fi Lp N 0 0 N e' w h N n Of Irx M M� r V r to O O 69 U') N 69 M ~ M ~ m ~ N G�0Cq ' T r fA r r ER r 63 r N m g Q Q 0 ° N° ❑ ❑❑ N 0 N N d} 0 '— f- s- T rV! r IM rfl� T Nff3 0 0 0 0 0 0 0❑❑❑ o 0 0 0 p0p 0 C) 0 00 LO Liz 0 0 0 d C) 0 0 cil r N N dl C41 [V d N co ER 4H Ef? 64 to EA I EXHlBtT "C" Pa e 1 of 1 O Z N � CO a ro O to m fi? c� •C a E C a� a N o C m O m U N EXHlBtT "C" Pa e 1 of 1 N Z W [L V c d) N 1(1) N N �, d) LL ca U) U) -ry '0 � � O w Q �+ U. C C Z, U- '2 G 3 Q E d co am06< E � 19 d a 0 U) co (a cm EXHlBtT "C" Pa e 1 of 1 ezSUP PLIER NUMBER PO UR BE HAS IG ED DIVISION City o CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and A,.r....:�....... COMPANY NAME: RVE, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1, Corporation 4. Association CITY: Corpus Christi 2. Partnership ❑ 5. Other ZIP: 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NIA 2, State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "D" Page I of 2 ,a ., FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action wilt confer an economic benefit on any - City official or- employee that-is distinguishable from the effect that the action wall have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, ,,,,1P�c_the_interest o he City official or employee in the,matte i�:appapect rt.;�n 3!f9_(dll shall also be made in a CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Patrick D. Vetet , E. Title: President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 L 0 rl O V V 4� �O P� N r U � d� O = U LU rl O V V 4� �O P� N Q) V U 4) .O P—I N {' r--r a--+ r-I O N i ca �Lti C: r-i cn O O �••� U N _O 22 'v C: m 00 p U *.7j � ) U E Q) v O V C: O U L O E U U N W ateJ V U Q .Q) O O +� i C: a c0 co w � o= U to Q) V U 4) .O P—I N {' r--r a--+ r-I O N i ca �Lti C: r-i cn O O �••� U N _O 22 'v C: m 00 p U *.7j � ) U E Q) v O V C: O U L O E U U N W ateJ V U Q .Q) O O +� i C: a c0 co 4-� O U V 4) �O P� O O O O O O O Lf) Lf) w Q7 O O O Cl O w O U 4-� O U V 4) �O P� N {' r--r Kii O O O O O O O Lf) Lf) O O O O O O O O O O O O Lf) I�r O O O O O O O o o o 6 o 'i u'i o o o 6 o 0 0 0 0 0 0 0 Lf) I�r N O O N O 0 0 0 0 0 0 0 �� f• 0 w N I� 0 0 0 0 0 0 0 Lf) O f: I�r f• I�r w O w w w O O O C) N Lf) � M m w O I- W O r r I- N I- C) N M Lo T" ( M O I- r O to t to mu.i z � L N N o N c O m tL V cv a y cv � a }' c� 0 ;) a to cv U' A(CL:UIYO- m o y U) C 7 c 0 U c C c 0 U M -0 0 Q U' LV) .E as Q H W m N {' r--r Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: December 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Kostoryz Road from Brawner Parkway to Staples Street Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $516,210.00, for Kostoryz Road from Brawner Parkway to Staples Street for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Urban Engineering for Kostoryz Road from Brawner Parkway to Staples Street. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair and capacity expansion of the existing four lane roadway to a five lane roadway (four travel lanes and center median) as a A -1 (modified section). The Urban Transportation Master Plan (UTMP) designates this street as an A -1 Arterial. However, staff recommends that the UTMP be amended to designate this street as a A -1 (mod). Improvements will include curb and gutter, bike lane, sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /ICSP. Urban Engineering of Corpus Christi, Texas was selected for this project as a result of Request for Qualifications (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Urban Engineering as proposed. 2. Do not execute the Contract for Professional Services with Urban Engineering as proposed. (Not recommended) K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \6 - KOSTORYZ \MEMO - KOSTORYZ.DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the and City Policy. Urban Engineering was selected based upon qualifications, applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Department Wastewater Department Storm Water Department Gas Department MIS Department Professional Procurement Act wide working knowledge of FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,149,000.00 $4,751,000.00 $5,900,000.00 Encumbered /Expended Amount This item $516,210.00 $516,210.00 Future Anticipated $632,790.00 $4,706,710.00 $5,339,500.00 Expenditures This Project BALANCE $0.00 $44,290.00 $44,290.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $516,210.00 which will all be funded this current fiscal year. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \6 - KOSTORYZ \MEMO - KOSTORYZ.DOCX PROJECT BUDGET ESTIMATE Kostoryz Road Improvements Brawner Parkway to S. Staples Street Project No: 12099 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP Wastewater CIP Storm Water CIP Gas CIP MIS CIP Utilities Total Project Total 429,000.00 363,000.00 1,683,000.00 62,500.00 62,500.00 Construction (preliminary estimate) ........................................... ............................... Contingency( 10%) ................................................................ ............................... Consultant Fees: Consultant (Urban Engineering) ............................................... ............................... Geotechnical Study and Testing (TBD) Reimbursements $ 3,300,000.00 2,600,000.00 $ 5,900,000.00 4,022,727.27 402,272.73 516,210.00 118,000.00 Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 88,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 649,000.00 Finance............................................................................... ............................... 29,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 29,500.00 TOTAL................................................................................ ............................... $ 5,855,710.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 44,290.00 \ Mproject \ councilexhibits \ exhE 1 2099dwg CITY COUNCIL EXHIBIT KOSTORYZ ROAD FROM BRA WNER CITY OF CORPUS CHRISTI, TEXAS PARKWAY TO STAPLES STREET DEPARTMENT OF ENGINEERING SERVICES - PAGE: 1 of 1 -dreTel *p ollumq i I •9 1 ON TMs Mol m 6019111 *4 a mm��Al,*Hvjffl m I Eel 0 �*� A 11,10 to] Contiacl for Ertginwmg iAjE) Services Page 1 of 3 K %ENGINEERING DATAEXCHANG0ANGIEWSTREEnE 12099 KOSTORYZ -BRAWNER TO STAPLES BOND ISSUE 20 IZI CONTRACT PROFEMONAL SERVICES DOG The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $516.210.00. (Five Hundred Sixteen Thousand Two Hundred Ten Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (AIE) Services Page 2 of 3 KIENGINEERING DATAEXCHANGE %ANGIEhASTREET1E12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager WWI! I Office of Management Date and Budget Trart =211 IEI -� ENTERED Amount $302,302.85 Contract fDr Eng,nevnq (AfE) SeNricn page 'a Q! 3 K IENGINEERJKG DATAEXCHANGEW4G]EII%STREE-nEl2D99 KOSTORYZ BRAWNER TO STAPLES BOND ISSUE 2012�1 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS KOSTORYZ ROAD BRAWNER PARKWAY TO S. STAPLES STREET PROJECT NO. E12099 BOND ISSUE 2012 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. The scope of Basic Services is further defined as follows. Project limits are from Brawner Pkwy to the south side of S. Staples Street and does not include S. Staples Street itself. Traffic signal design includes only signals at Brawner Pkwy and Norton Street. 1. Preliminary Phase, The Arch itect/Engineer -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, histerasal, construction, and geotechnical issues: upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. EXHIBIT "A" Page 1 of 11 K%Engineering DataExchangeVWGIEt&STREErE12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 20MEXHIBIT A LARGE.dx o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic -level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Reportto include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of -way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide anticipated index of drawings and- spesifisations. SHEET NO. TITLE 1 TITLE SHEET AND PLAN INDEX 2 GENERAL NOTES 3 LEGEND, DETAIL SYMBOLS, TESTING SCHEDULE 4 ESTIMATED QUANTITIES 5 SEQUENCE OF CONSTRUCTION PLAN 6 SEQUENCE OF CONSTRUCTION PLAN 7 CONSTRUCTION PLAN SEQUENCING NOTES 8 -12 EXISTING AND PROPOSED ROADWAY SECTION BASELINE 13 ASPHALT PAVEMENT SECTION AND DETAILS 14 CONCRETE PAVEMENT SECTION AND DETAILS 15 JOINTED REINFORCED CONCRETE PAVEMENT DETAILS 16 -20 JOINTING LAYOUT 21 -27 BASELINE ALIGNMENT AND CONTROL 28 -32 SUBSURFACE UTILITY ENGINEERING SURVEY AND NOTES 33 -37 DRAINAGE AREA MAP 3849 STREET AND STORM WATER PLAN AND PROFILE 50 -52 STREET AND STORM WATER LATERAL PROFILES 53 OUTFALL STRUCTURE 54 -57 TXDOT STANDARD DETAILS 58 -62 INLET DETAILS AND SECTIONS 63 -64 STANDARD STORM WATER DETAILS 65 HDPE STORM ALTERNATE AND BUS STOP DETAILS EXHIBIT "A" Page 2 of 11 K1Engin"Ang DataExchang9MGIEM%STREET1E12099 KOSTORYZ- BRAWNER TO STAPLES BOND ISSUE 2012 \EXHIBIT A LARGE.doc 66 -68 POLLUTION PREVENTION PLAN 69 -78 WATER PLAN AND PROFILES 79 -80 WATER LINE LATERAL PROFILES 81 -88 SANITARY SEWER PROFILES 89 -93 CITY STANDARD WATER DETAILS 94 -98 CITY WASTEWATER STANDARD DETAILS 99 -100 CITY STANDARD DRIVEWAY DETAILS 101 -104 CURB RAMP DETAILS 105 CURB, GUTTER AND SIDEWALK DETAILS 106 -117 TRAFFIC CONTROL PLAN 118 TRAFFIC CONTROL PLAN SECTIONS AND DIMENSIONAL TABLES 119 -130 SIGNAGE AND STRIPING PLAN 131 PERMANENT PAVEMENT MARKING DETAIL 132 CROSSWALK PAVEMENT MARKING DETAILS 133 TYPICAL STANDARD PAVEMENT MARKINGS 134 RAISED MARKERS REFLECTORIZED PROFILE MATERIALS 135 SUPPLEMENTAL MARKINGS USING RAISED PAVEMENT MARKERS 136 PAVEMENT MARKINGS FOR TWO -WAY LEFT TURN LANES 137 STANDARD PAVEMENT MARKINGS (WORDS) 138 STANDARD PAVEMENT MARKINGS (ARROWS) 139 -140 STANDARD TXDOT BARRICADE AND CONSTRUCTION PLANS 141 BRAWNER NORTH SIDE INTERSECTION DEMOLISHION PLAN 142 BRAWNER SOUTH SIDE INTERSECTION DEMOLISHION PLAN 143 BRAWNER NORTH SIDE INTERSECTION NEW PLAN 144 BRAWNER SOUTH SIDE INTERSECTION NEW PLAN 145 NORTON STREET INTERSECTION DEMOLITION PLAN 146 NORTON STREET INTERSECTION NEW PLAN 147 -149 TRAFFIC DETAILS 150 -151 BRAWNER WIRING DIAGRAM 152 NORTON WIRING DIAGRAM 153 ELECTRICAL SERVICE DETAIL 154 ELECTRICAL DETAILS AND SERVICE SCHEMATICS 155 ELECTRICAL DETAILS AND SERVICE ENCLOSURE 156 -157 SINGLE MAST ARM ASSEMBLY 158 MAST ARM CONNECTIONS 159 MAST ARM POLE DETAILS 160 LUMINAIRE SUPPORT STRUCTUREARM DETAILS 161 TRAFFIC SIGNAL POLE FOUNDATION 162 TRAFFIC SIGNAL CONTROLLER CABINET BASE AND PAD P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint EXHIBIT "A" Page 3 of 11 K1Engineering DataExchangelANGIEMISTREETW12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 201ZEXHIBIT A LARGE.doc presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record Information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by AJE, and p"I for the intended purpose of this project. A-ny *4 rohibitedi. W Aram. Sig **a 0 EXHIBIT Page 4 of 11 K',Ers,,neermng DataExcnangeV NGIELOPSTREE"REI2 KOSTORYZ -BRAWNER TO STAPLES BOND ISSUE 2012%EXHIBIT A LARGE doc 0 h) Hold Wejeist 0 i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QAIQC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. EXHIBIT "A" Page 5 of 11 K1Engineering DataExchange"GIEMISTREET1E12099 KOSTORY2 - BRAWNER TO STAPLES BOND ISSUE 20121EXHIBIT A LARGE.Cac d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. TheA/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT "A" Page 6 of 11 K1Engnocring DataExchange%ANGIEM%STREE nE12099 KOSTORYZ •BRAWNER TO STAPLES BOND ISSUE 2012%EXHISIT A LARGE,doc The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: afea S. Wetlands Del"neafieR and Pe--1 e. NPDES Permit/Amendments (including SSC, NOI NOT) I. Texas Department of Licensing and Regulation (TDLR ) M. ) 2. Riaht -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing EXHIBIT "A" Page 7 of 11 KlEnglnoenng DalaExchWV8%ANGIEKSTREE1\E12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 201ZEXHISIT A LARGE.doc and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held EXHIBIT "A" Page 8 of 11 K4Enainaefing DMEsch8cgelANG1ERASTREEnE12M KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 20121EXHIBIT A LARGE.doc prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investination a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of EXHIBIT "A" Page 9 of 11 K%Engwowng DataExdwngelANGIEWTREET1EM99 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 2012%EXNIBIT A LARGE doc the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity Feb. 2013 NTP June 29, 2013 Draft ELR submittal July 19, 2013 City Review Aug. 2, 2013 Final ELR submittal March 28, 2013 60% Design Submittal April 18, 2014 City Review Design submMal -90% June 06, 2014 100% Final Submittal July 7 and 14, 2014 Advertise for Bids July 16, 2014 Pre -Bid Conference Aug. 6, 2014 Receive Bids Au . 26, 2014 Contract Award Oct. 6, 2014 Begin Construction Dec. 18, 2015 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. . . City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I. B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 10 of 11 K%Engmenng DataExchango %NGIEAASTREET1E12099 KOSTORY2 •BRAWNER TO STAPLES BOND ISSUE 201IZEXHIBIT A LARGE,doc Summary of Fees Basic Services Fees 1. Preliminary Phase $130,390.00 2. Design Phase $200,600.00 3. Bid Phase $10,030.00 4. Construction Administration Phase $60,180.00 Subtotal Basic Services Fees $401,200.00 Additional Services Fees (Allowance) 1. Permit Preparation NPDES Permit/Amendments (including SSC, NOI, NOT) Texas Department of Licensing and Regulation (TDLR / ADA) $3,000.00 $5,000.00 2. ROW Acquisition Survey TBD 3. Topographic Survey and Parcel Descriptions $35,000.00 4. Environmental Issues TBD 5. Public Involvement $6,000.00 6. Subsurface Utility Investigation $54,010.00 7. Construction Observation Services To Be Determined 8. StarSeryises N/A 9. Warranty Phase $12,000.00 Sub -Total Additional Services Fees Authorized $115,010.00 Total Authorized Fee $516,210.00 EXHIBIT "A" Page 11 of 11 KwrQirAmng DataExdmr#p%NGIEM%STREEM12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 20121EXHISIT A LARGE.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K%Engmawng DataE =hargo%ANGIEMISTREET1E12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 201214 EXHIBIT 8 INDEMNIFICATION -OCT 2010d= C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 K%Ertgwwmrg DataExdiange"GIEMISTREET1E12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 20t2%4 EXHIBIT B INDEMNIFICATION -OCT 2010.4= H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, Including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 K%Englnaaang DataExchangeVWGIEMISTREE nE12099 KOSTORYZ - BRAWNER TO STAPLES BOND ISSUE 201244 EXHIBIT B INDEMNIFICATION -OCT 2010 d0Cx v O > }' C O C IL C m O O C W * Co * 000 C 2 0 8 E � 0 �a� E d 0 v O > }' C O C IL C m O O C W * Co * 000 C 2 0 wee O * O W N .� • O N * 0 * aZZ aaR oe N z° 10 W t`Oi O �acC 0 a 0 O o 0 0 MWW8 V 2 'O S 00 o y O V Z t� m g 0 * Co * 000 * ee wee N wee O * O g * 0 * 0 * * aaR oe N 0 0 0 0 0 O o 0 0 MWW8 0 0 S S 00 o V }- I- 1- L00 to to o d? d 6N9 m l0j U. 6N9 60 OQ AO O O 00 Owl O O Q � QD Q to 00 O 0 O to N= o 1A cm c A.5 c � � ¢ �° W o to 69 � °' J9 c oil �° 'v Q pp Q Ecoo E H o to 0 to 0 0000 00 O O Q m C C m O u O to G � L tO N .r 64 O O O O O ti O 1 q. O ley, pO O O r 1� Q Q Q P ti O t+ ti ti lh co C4 0 V d/ !0A eN- Ot�Otr� °o�°n � o NQQON m m t0 t o nf` N� N O N Q) N CD 61% 4 40 S S O O Q N Q O ( Q(pp Q N S N N O O F- i- 1- • = O to � O O O 0 O 0 0 0 � 0 � 0 � 0 A O 0 O S O N N Nffl NVl N CO M "C" of 1 v H V N ti Ch a d m l0j U. N y Z in r 0 a z m ¢ o u' m i o N= o a cm c A.5 c � � ¢ �° � o o .� � °' J9 c a �° 'v Q pp Q Ecoo E H o '.3 a.aMUcn Al M 0 0 � G1 if O N 'aoCAO O a� U CO C=* t6 m¢F- 'O O M "C" of 1 r� EtIEBTO B�GND YCITY- � PURCHASING D1V1StON CITY OF CORPUS CHRISTI City of DISCLOSURE OF INTEREST Christi CitX of Corpus Christi Ordinance 17112 as amended, reguires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See next page for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Drive CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association B S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm: Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Consultant NSA 78404 FILING REQUIREMENTS Ifa person %%,ho requests official action on matter knows that tile requested action will confer sin economic benefit on any City official or employee that is distinguishable from the effect that the action will have oil iaei�nbers of the public in g'encral or a substantial segment thereof, you shall disclose that fact in a signed writim, to the City official. cin loyee -6r body that has been 1) -)r employee in the matter is requested to let in tile matter, unless the interest of tile City official 1 apparent. The disclosure shall also be made in a signed Writing filed with the City Secretary. �thics Ordinance Section 2-349 (d)] CERTIFICATION I certifV that all information provided is true and correct as of the date of this statement. that I have not 'knowingly withheld disclosure of an), information requested, and that supplemental statements \vill be promptly submitted to tile City of Corpus Christi. Texas as changes occur, Certifying Pei-son: James L. Ut-han j-1 ype ur 1,6411) Tille, Authorized Representative 'Signature of Certifying "ale: 41 t z_ PC i�6`11. DEFINITIONS a. -Board member.­ A member ol'any board, coax mission. or committee appointed by tile City Council of t lie City of Corpus Christi. 'I'exas. b. ­Econornic benefit ". Ail action that is likely to affect all econornic interest if it is likely it) have all efl� cl on that interest that is distinaiiishable from its effiect oil members of than public in g general or a substantial segment thercof, c. ­13-niployce." Ali\, person employed by tile City ref Corpus Christi. Texas either on as Cull or Mart- tittle basis, but not as an independent contractor. Any entity operated lor economic gain. whether professional industrial oi- commercial, and whether established to produce or deal with as product or service. including but not limited to. entities operated in the forin of sole proprietorship. as self-emplmed person, partnership, corlioration, joint stock company, joint venture. receivership or trust, and entities %%,hich for purposes of taxation are treated as non-profit organlyations. e. "Official.'* The Nlayor, members of tile City Council. City Nlanager, Deputy City Manaver. Assistant City Managers. Department and Division Heads, and N'lunicipal Court Judges of tile City of Corptis Christi, 1'exas. f. C)wvtaa:rship Interest." Legal or equitable interest, Nyhether actually or constructively held. in a firm, including when suell interest is held through in agent. trust. estate. or holding entity. -Constructivelv held" refers to holdings or control established through voting trusts, proxies. or special tenses ol'ventury or parinership **Consultant." Any person or firm, such as engineers and architects, hired by the City of' Corpus Christi for tile purpose of professional consultation and recommendation. O V V 4� �O P� s Y1� N V U O P1 a--+ m 0 N i ca Ln C: O N 0 cu U Ln 22 'u C: N C:- =3 C: ca 00 p U +P >- (2) ca t Q U E Q) v O V (2) C: O O LA U L O E U U N LL I ateJ V U .Q) O O +� i C: Y1� co Mob O U V 4� �O P� s Y1� �T Kii 0 0 0 0 0 0 0 I- M O O O O O 0 0 0 0 0 0 0 N I� O O O O O 6 6 6 6 6 6 6 I� N O O O O O 0 0 0 0 0 0 0 N I� ri O O ri m O O O O Ln Ln O N O Ln I� N O C1 M M N N O N N lG 00 w Ln O N w w w w O N O ri ri m Ln RiT M M w Cl O� LA ri I� w vi. M ri LA LA 'i 4l 4l .pp to � W fC � W °0 d W m d cf 'i W i i i Vf ui v 3 a s � U V of J __ J Z V V D ++ Ln H Z O H of ,� m of 3: 3: of 1 3 P- L I V I V I V V L7 OTC s Y1� �T Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Horne Road from Ayers Street to Port Avenue Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $244,362.50, for Horne Road from Ayers Street to Port Avenue, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Naismith Engineering, Inc. for Horne Road from Ayers Street to Port Avenue. BACKGROUND AND FINDINGS: The scope of this project includes full depth repair and widening the existing four -lane roadway with continuous left turn lane to meet the lane width requirements prescribed by the Urban Transportation Master Plan (UTMP). Improvements with include curb and gutter, wide sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP. Naismith Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of Request for Qualifications (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed (Not Recommended) OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \7 - HORNE \MEMO - HORNE RD.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Naismith Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $400,000.00 $1,200,000.00 $1,600,000.00 Encumbered /Expended Amount This item 210,512.80 33,849.70 244,362.50 Future Anticipated Expenditures This Project 189,487.20 1,163,312.80 1,352,800.00 BALANCE $0.00 $2,837.50 $2,837.50 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $244,362.50. This amount will be funded over two years, with FY 13 funding in the amount of $210,512.80, and FY 14 funding will be required in the amount of $33,849.70 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Naismith Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \7 - HORNE \MEMO - HORNE RD.DOCX \ Mproject \councilexhibits \exhE12100dwg CITY COUNCIL EXHIBIT HORNE ROAD FROM CITY OF CORPUS CHRISTI, TEXAS AVERS STREET TO PORT AVENUE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Naismith Engineerin% Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411, (Arch itectlEng i nee r — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Horne Road from Avers Street to Port Avenue (Project No. E12100) BOND ISSUE 2012— This project includes full depth repair and widening the existing four -lane roadway with continuous left turn lane to meet the lane width requirements prescribed by the UTMP. Improvements will include curb and gutter, wide sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /ICSP. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A/E) Services Page 1 of 3 KAENGINEERING DATAEXCHANGE VINGIEMISTREE"nE12100 HORNE •AYERS TO PORT BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $244,362.50, (Two Hundred Forty Four Thousand Three Hundred Sixty Two Dollars and Fifty Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 KIENGINEERING DATAEXCHANGE\ANGIEMISTREE nE12100 HORNE -AYERS TO PORT BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES DOC A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form, ww"&01614=0 1W41:11!Uft Oscar R. Martinez, Date Assistant City Manager Office of Management Date and Budget 2= ENTERED I ! W T i T-M-M on WON 1 ri t -1 - it =- I i • 71 SWUM 111, Department Fund Source No. Street �—�509 �50-354 9:-0000:0- E 12100 $124,618.1 OL Wastewater 550950-4251 -00000-El 2100 44,76255:: Storm Water 550950-3496-00000-E12100 30,268.601 Water 550950-4092-00000-E12100 27,751.10 Gas 550950-4556-00000-E12100 16,962.151 Total $244,362,50 1 Contract for Engineering (A/E) Services Page 3 of 3 K%ENGINEERING DATAEXC�IANGEVANG[EtAk$TPEEI" E12100 HC RNr -AYERS TO PORT BOND ISSUE 261211 CONTRACT PROFESSIONAL SERVICES. DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS HORNE ROAD FROM AYERS STREET TO PORT AVENUE PROJECT NO. E121O0 BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The ArchitecUEngineer -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including EXHIBIT "A" Page 1 of 9 K 1Engmaanng DataExchangaWNGIEMI ,STREET1E12100 HORNE -AYERS TO PORT BOND ISSUE 2012XEXHIBIT A LARGE AE REVISED Dec 13 2012 doc City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as availab from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files), d) Field location of existing city utilities. (A/E to coordinate with City Operati: Department. e) Applicable Master Plans and GIS mapping are available on the Ci�ty's website. f) Provide bench marks and coordinates. EXHIBIT "A" Page 2 of 9 KkCngnoering Da!aExrhange\ANGIEM STREEI1E12100 HORNE -AYERS 70 PORT BOND ISSUE 20121EXHIGIT A LARGE AE REVISED Doc 13 2D12.doc c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Previde anne (1) set of the pFe final plans and bild dOGUMORtS 0 submittal 6% U-IA 15.wi­6 nf10% review ­+i­ fire- -- ­44-- ^---A- --A A;-4e;6.4- �wesiiww ­ ......... -...- .... - -. rte. - -...1 . ­ .­ ... ...- r.-.... -...-. .r��...� -.�. f upon i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, , and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. EXHIBIT "A" Page 3 of 9 K1Engineanng DateExcto -igeANGIEMISTREE71E12100 HORNE •AYERS TO PORT BOND ISSUE 201ZEXHIBITA LARGE AE REVISED Dec 13 2012.doc m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to EXHIBIT "A" Page 4 of 9 K%Er9neertng DataExchargcPANGEEM%STREETtE 12100 HORNE -AYERS TO PORT BOND ISSUE 201MXHISIT A LARGE AE REVISED Dec 13 2012 doe determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor- provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments I. Texas Department of Licensing and Regulation (TDLR ) 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of EXHIBIT "A" Page 5 of 9 K%Enginewng DataExrhangeWNGIE1ASTREE RE12100 HORNE -AYERS TO PORT BOND ISSUE 2012%EXHIBIT A LARGE AE REVISED Dec 13 2012 doe Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyorg' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. EXHIBIT "A" Page 6 of 9 K1Engcneering DataEzchango %ANGIEMISTREET1E721D0 HORNE -AYERS TO PORT BOND ISSUE 201MXHIBIT A LARGE AE REVISED Dec 13 2012.dac 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. Quality Level 6 (Quality Level 9 ffiRVOlVeS suFveying vie a ble above gFound •, and GISIFFS'atip@ th*6 04OFFRatiOR with existing Utility F8GeFds.) These- 1-4614489- Will be leGated by Quality [=eye' r__. WeeeattieRs will be based 9R the swyeyed leeateeRs 9f Quality Level G__. Ler.atiens will be -hased A-R 9f Felated exGavat'GR shall be IeGated At Quality Level A. Level -C- vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. EXHIBIT "A" Page 7 of 9 K%Engmoenng DataExd ,ange%ANGIEM%STREET%E12100 HORNE •AYERS TO PORT BOND ISSUE 20121EXHIBIT A LARGE AE REVISED Dec 13 2012 doe 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". ll. SCHEDULE Date Activity January 15, 2013 Engineering Contract Executed April 1, 2013 Draft Engineering Letter Report 30% Submittal April 15, 2013 Meet with City Staff to go over Draft ELR April 22, 2013 Final Engineering Letter Report 100% Submittal May 3, 2013 Present ELR to City Appointed Committee May 6, 2013 Receive Authorization to begin Design June 3, 2013 60% Interim Plan /Bid Document Submittal June 10, 2013 Meet with City Staff to go over 60% Interim Submittal July 1, 2013 100% Final Plan /Bid Document Submittal July 15, 2013 Meet with City Staff to go over 100% Final Submittal July 29, 2013 Submit Sealed Plan /Bid Documents for Bidding August 4t' & 11 t', 2013 Advertise for Bids August 13, 2013 Pre -Bid Meeting August 21, 20123 Receive Bids September 24, 2013 Contract Award November 4, 2013 Pre - Construction Meeting and Issue Notice to Proceed November 18, 2013 Begin Construction April 30, 2014 End Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the total of services actually completed at that portion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 8 of 9 KlEngineenng DataExchange %ANGIEMISTREET1E12100 HORNE -AYERS TO PORT BOND ISSUE 201MXHIBIT A LARGE AE REVISED Dec 13 2012.dac B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $ 20,360.00 2. Design Phase $ 92,822.50 3. Bid Phase $ 8,690.00 4. Construction Administration Phase $ 20,880.00 Subtotal Basic Services Fees $142,752.50 Additional Services Fees (Allowance) 1. Total Permits $ 6,405.00 2. ROW Acquisition Survey $ 4,000.00 3. Topographic Survey $ 16,500.00 4. SUE $ 54,500.00 5. CCTV Wastewater Lines $ 7,000.00 6. Environmental Issues - 7. Geotechnical Pavement Section Analysis $5,600.00 8. Public Meetings $ 6,280.00 9. Warranty Phase $ 1,315.00 Sub -Total Additional Services $101,610.00 Total Authorized Fee $244,362.50 K1ErtWneertng OalaExcltangelANG1EMISTREET1E12100 HORNE -AYERS TO PORT BOND ISSUE 20121EXHIBIT A LARGE AE REVISED Dec 13 EXHIBIT "A" Page 9 of 9 20112 doe EXHIBIT A -1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI HORNE ROAD FROM AYERS STREET TO PORT AVENUE PROJECT NO. E12100 BOND ISSUE 2012 TASK LIST Basic Services 1) Project Limits are from Ayers Street to Port Avenue. The following are guidelines and the direction given for addressing the proposed improvements as they relate to the new roadway widening and city utilities on this project: A. STREETS • Provide services per Exhibit A. • Existing Roadway is a four lane road in deteriorated condition. Both intersections at each end of this section of Horne Road are controlled by lights and are City streets. The existing section of Horne Road is a four lanes (11.5' wide) A -1 Arterial Street section with a 62' B -B pavement section with center turn lane (12' wide), and 4' wide separated sidewalks. The Urban Transportation Plan requires widening of existing lanes. Therefore the recommendation is to construct approximately 950 LF of A -1 Arterial Undivided street section with a 64' B -B section that includes four travel lanes (11.5' wide) with center turn lane (14' wide), and 5' wide separated sidewalks. The target design is for a 30 year pavement section. • Connect to existing pavement at the intersections of Ayers Street (west limits of curb return) and Port Avenue (east limits of curb return). • Evaluate /Replace curb ramps, replace cross walk striping, and stop bars at intersections of Ayers Street and Port Avenue. • Re- construct 21 private commercial driveways (match existing width and material type). • Install one shelter pad and one bus concrete pad at RTA bus stop located along this section of Horne. EXHIBIT "A -1" Page 1 of 8 Typically A -1 Arterial Street requires a minimum of 95' of R.O.W. Preliminary indications are that the existing R.O.W. is not wide enough. There is contradictory information from the R.O.W dimensions found on GIS maps (62') versus what scales out from edge of sidewalk to edge of sidewalk based on field observations (90'). This will need to be confirmed with further research, and the street section either amended in the Urban Transportation Plan or a variance would need to be requested. (Listed under Additional Services for ROW Acquisition Survey to be authorized). B. GAS • Provide services per Exhibit A. • Construction modifications of gas infrastructure to be completed by City Gas Department. • Current city gas standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. C. WASTEWATER • No hydraulic calculations are required for the wastewater system. Where required, lines will be replaced with new lines of similar size and hydraulic capacity or rehabilitated through a CIPP process. All existing brick manholes will also be rehabilitated. • Consultant is authorized to open city manholes without the presence of a city employee (Consultant takes full responsibility for safety of personnel). • Current city wastewater standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. D. WATER • Provide services per Exhibit A. • Replace all AC, DI and CIP waterlines which may end up under the proposed pavement. • Existing lines which are outside the proposed pavement shall be evaluated and a recommendation shall be provided on whether to replace them. EXHIBIT "A -1" Page 2 of 8 Existing Fire hydrants shall be replaced /salvaged as required. Re- connect service connections as required. • Current city water standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. E. STORMWATER • Provide services per Exhibit A. • Run drainage models (Storm CAD) to evaluate existing conditions and changes to accommodate developed flows as per current City Drainage Plan. Confirm outfall configurations and capacities of 8x7 box culvert that the existing drainage system is connected to verify hydraulic grade lines at 5 and 25 year flood events. • Current city stormwater standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. 2) Attend and participate in project meetings as outlined in Exhibit A. Additional planning meetings with City staff /departments (engineering, streets, water, wastewater, stormwater, & gas) will be needed to discuss planning and conceptual design. 3) Contact Texas One -call system to locate existing utilities in the field and coordinate with appropriate City operating departments. 4) Perform field investigation (surveys as authorized by Additional Services) as required to define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters required to complete the letter report, hydrologic /hydraulic analysis and construction drawings. 5) Develop preliminary street cross section based on geotechnical findings, and develop preliminary pavement evaluation and recommendations (one pavement section will be bid). 6) Once the Engineering Contract has been executed, the consultant would like to request any record drawings, record information of existing facilities, utilities, copies of existing studies and plans, traffic counts, and benchmark/coordinates as available from the City pertaining to the project area. EXHIBIT "A -1" Page 3 of 8 7) Prepare Engineering Letter Report (ELR) and Submit to City for review and approval (30% Draft and 100% Final submittal) as detailed in Exhibit A. Conceptual life -cycle cost estimate with pavement recommendations (both for flexible and rigid sections) will be submitted as part of the Draft ELR (Listed under Additional Services for Geotechnical Pavement Section Analysis). Following this review the Final ELR will be completed using one selected pavement design; and all plans/ bidding documents will reflect this selected section. 8) Develop construction drawings in English units in ANSI D sheets. The plans shall be submitted to the City for review at the following key milestones: (The City shall provide current standard specifications; standard detail sheets, standard and special provisions, and forms for required bid documents as listed on Exhibit A). "Note that the 90% review submittal outlined in Exhibit A is eliminated. 60% Submittal for review 100% Submittal for review Final Plans issued for bidding (signed and sealed) 9) Provide scope of geotechnical testing requirements including specific tests needed and data required to the City's Geotechnical Consultant (NEI recommends using Kleinfelder for the geotechnical explorations). 10) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: a. Title Page b. Table of Contents C. Notice to Bidders d. Notice to Contractors — A e. Notice to Contractors — B f. Part A — Special Provisions g. Part B — General Provisions h. Part C — Federal Wage Rates and Requirements i. Part R — RTA Contracting Requirements (if required) j. Part S — Standard Specifications k. Part T — Technical Specifications (if required) I. List of Drawings M. Geotechnical Report n. Notice o. Agreement P. Proposal /Disclosure Statement q. Performance Bond r. Payment Bond EXHIBIT "A -1" Page 4 of 8 11) Prepare PowerPoint presentation in City format for City- appointed capital project oversight committee meeting following the 30% Draft ELR submittal. This also includes preparation of agenda, meeting minutes, and memos. 12) Address comments received from the City for the 60 %, and 100% contract drawings and bid documents Submittal. 13) Provide Quality Assurance /Quality Control (QA/QC) review and submit one (1) hard copy and one (1) electronic copy of the 60 %, 100 %, and Final contract drawings and bid documents to the City. 14) Update the Opinion of Probable Costs at the 60% and 100% submittal, and provide comparison to City budget. Submit to the City and provide any revisions or modifications to the project scope if needed. 15) Develop a Construction Phasing and Traffic Control Plan for the selected pavement section to minimize the impact of the construction. 16) Coordinate with electric, communication, private pipeline companies, and other franchise utilities that may have existing facilities that must be relocated to accommodate the proposed improvements as outlined in Exhibit A. Additional Services PERMITTING (AUTHORIZED) 1) Furnish to the City all engineering data and documentation necessary for the following governmental permits as needed to complete the project. Texas Commission on Environmental Quality, National Pollutant Discharge Elimination System - Construction Stormwater Permit under the published General Permit, Texas Department of Licensing and Regulation (submits permits to TCEQ, NPDES, and TDLR; and coordinate work with RTA and Franchise utilities). No other permitting requirements are anticipated. 2) Prepare and submit the listed permit applications and associated fees to the appropriate authorities as required completing the project. 3) Register project with TDLR and submit plans /specifications to RAS for review, secure approval for construction, and coordinate final inspection with Contractor /RAS and obtain certification letter. RIGHT -OF -WAY (EASEMENT) ACQUISITION SURVEY (ALLOWANCE) 1) Establish limits of work area and obtain reference drawings. EXHIBIT "A -1" Page 5 of 8 2) Research City rights -of -way (ROW), easements and property boundaries. 3) Research adjacent properties and obtain preliminary title reports. 4) Prepare working sketch for right -of -way (ROW) acquisition. 5) Locate and tie -in tract boundaries in the field. 6) Calculate boundaries for right -of -way (ROW) acquisition. 7) Perform CAD design /drafting for final survey plats. 8) Provide Quality Assurance /Quality Control (QA/QC) final review for survey plats. 9) Write legal descriptions (metes and bounds) for right -of -way (ROW) acquisition, and Provide ROW exhibit for each parcel. 10)Stake boundaries for right -of -way (ROW) to be acquired. TOPOGRAPHIC SURVEY (AUTHORIZED) 1) Research horizontal (NAD 83) and vertical (NAVD 88) controls as described in Exhibit A. 2) Pre -plan control survey. 3) Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits; and extend survey approximately 30' past the ROW at driveway locations (obtain right of entry for each location). 7) Locate and tie -in tract boundaries. 8) Locate and tie -in any new R.O.W. boundaries. 9) Locate and tie -in known utility infrastructure and other miscellaneous structures within known R.O.W.. 10)Download raw survey field data, copy field notes, reduce data and check results. EXHIBIT "A -1" Page 6 of 8 11)Set baseline control points for construction. SUBSURFACE UTILITY EXPLORATION —SUE (AUTHORIZED) 1) Provide exploratory excavation to determine locations of existing utility and communication lines per Quality Level A as described in Exhibit A. Coordinate with City Gas Department to excavate and determine horizontaNvertical location of all existing gas lines per Quality Level C as described in Exhibit A. 2) Explorations would be completed using either a water lance probe or by hydroexcavation. 3) Explorations would be completed every 250 feet along the street alignment, with an average of three locations per each cross section. 4) Provide survey to tie excavated utilities vertically and horizontally. CLOSED CIRCUIT TELEVISION INSPECTION — CCTV (AUTHORIZED) 1) All wastewater lines shall be evaluated by CCTV. 2) Inspect interior of each line segment and obtain detailed information. 3) This information shall consist of deviations in line and grade, abnormal conditions of pipe barrel and joints, locations of dropped or broken taps, and locations and quantities of any sources of infiltration or inflow. 4) A report log and DVD will be provided for review by the Wastewater Department. GEOTECHNICAL ENGINEERING — PAVEMENT SECTION ANALYSIS (AUTHORIZED) 1) Identify service conditions and life -cycle projections for proposed design. 2) Review copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and estimates for each pavement section. 4) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to include in the bid documents to assist the EXHIBIT "A -1" Page 7 of 8 City during the Contractor selection process. PUBLIC MEETINGSIPUBLIC OUTREACH (ALLOWANCE) 1) If requested by City, participate with staff at two (2) public meetings as described in Exhibit A. City Staff will lead meeting and provide support; and the Consultant will be required to prepare exhibit boards and handouts to illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. 2) Identify and recommend public outreach and community stakeholder requirements. WARRANTY PHASE (ALLOWANCE) 1) Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A -1" Page 8 of 8 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pagel of 3 K%EngirteMng DataExchangeWIGIEWSTREE RE12100 HORNE -AYERS TO PORT BOND ISSUE 2012W EXHIBIT B INDEMNIFICATION -OCT 2010.doox C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 K%Engir owng DataExchangeVWGIEMISTREETE12100 HORNE -AYERS TO PORT BOND ISSUE 201214 EXHIBIT 8 INDEMNIFICATION -OCT 2010 docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 K%Engmeonng DainEzdwngoWNGIEM%STREET1E12100 HORNE -AVERS TO PORT BOND ISSUE 201241 EXHIBIT 8 INDEMNIFICATION . OCT 2010.docx L;ho +' Q m ~ O C c 01 �aoc D a aZZ U m o �F Ia O O C CL 7 V OE O Q c W +' H a ~ O W N � �- � O c o0 a aZZ 2°' o`e � > �u �z o° EE c�a� d a 0 g o 0 V Z 0 0 °O 0 00 o AVA r7 c O in 0 t m N m g O V" * to O * * O * 0 M oe N 0 * 0 0 iie 0 o`e �O N °o °O 0 0 g o 0 o 0 0 0 °O 0 00 o in H Im- Fes- t U) O � ai N ti fa O Q O O p Op 20000010 40 0 0 00 O U) 1A z = � tp a� ol, go co C3 c c�+o� Q i 40 4L. N C 64 IM 61 0 loo 10 0 0 0 Q 00 O O 00 0 .9 C CL � � L 1_ O N aom00 :21 AL � aOcoco to ma po M M ca ai le W r 0 O N V� O 9� 9 N N m m � 44 -� VIP d'� O O O pOp c N O Q Q co Q co N 8 O N O N H e r O ow CM 0 O O O 0 0 0 N N N O 0 N co EXHIBIT "C" Pa e 1 of 1 v � ai N ti N Q7 yy U. t3 z = � w o a� �a S go co C3 c c�+o� Q i ?-.Z cc 4L. N C c s E O .9 fA CL L y aom00 :21 AL � aOcoco to ma po EXHIBIT "C" Pa e 1 of 1 WWSUPPUER NUMBER TO BE ASSIGNED BYCrrV - i� PURCHASING DIVISION City CITY OF CORPUS CHRISTI opus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: NAISMITH ENGINEERING, INC. P. O. BOX: STREET ADDRESS: 4541 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 2. Partnership e 3. Sole Owner 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' N/A ame Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NIA Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A E FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not 'knowingly withheld disclosure of nit), information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: John A. iYlichucl r r� pe ar Print) Title: Vice President Signature of certifying Date: Person: t twrlirNITIONS a. "Board member.- A member of any board, commission. or committee appointed by the City Council of die City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest (lint is distinguishable from its effect on members or the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis. but not as no independent conlrnctor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial. and whether established to produce or deal with a product or service, including but not limited to. entities operated in the form of sole proprietorship, as self - employed person. parnicrship, corporation, joint stock company, joint venture, receivership or trust. and entities which for purposes of taxation arc treated as non -profit organizations. c. "omcinu, 'The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. C "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 0 c� a� V 0 V m 0 N N N m C� I f" \; C\l a--+ l� O L l� p O (N ii �a •- 00 p U +� U E Q) v O V C: O 00 U R* _N =3 L • • =3 4--r Q O E U U N LLI ate-+ V U .Q) O O +� i C: mob co Kii 0 0 0 0 0 0 0 01 ri O O O O O 0 0 0 0 0 0 0 O 01 LA O O LA LA 6 6 6 6 6 6 6 6 O N O O N I� 0 0 0 0 0 0 0 O 01 w O O w M O O O O LA LA O Cl O M 00 O ri 00 , O � , I� r�-I , C1 C1 , C1 , N ri , N ri , O N W , O O , C1 O , N , 00 , , rrl LL , N rN ri � U i !aA i 'i 0l 0l � pip W t +� fC i W co Q > tail Z LL N N i m a V L 3 CL N a V Vf (� a (j N C J H O p LLI Cf NJ c Z LL 0 U ++ i V OP 0 .0 °1D i V ++ fC ±� i V ++ fC ±� i V .V u Q) 0 V� E i -0 .E J H 0 NJ V QZ J m Kii PROJECT BUDGET ESTIMATE Horne Road from Ayers Street to Port Avenue Project No. E12100 Bond Issue 2012 Future Item January 15, 2013 Action Item January 22, 2013 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP Wastewater CIP Storm Water CIP Gas CIP MIS CIP Total Utilities PROJECT TOTAL FUNDS REQUIRED: 117,000.00 99,000.00 459,000.00 12,500.00 12,500.00 $ 900,000.00 $ 700,000.00 $ 1,600,000.00 Construction (preliminary estimate) ........................................... ............................... $ 1,090,909.09 Contingency ( 10%) ................................................................. ............................... $ 109,090.91 Consultant Fees: Consultant (Naismith Engineering) ............................................ ............................... $ 244,362.50 Geotechnical Study and Testing (TBD) $ 28,800.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 20,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 88,000.00 Finance............................................................................... ............................... $ 8,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 8,000.00 TOTAL ............................................................................... ............................... $ 1,597,162.50 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 2,837.50 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Morgan Avenue from Staples Street to Crosstown Freeway Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. from Corpus Christi, Texas in the amount of $448,310.00, for Morgan Avenue from Staples Street to Crosstown Freeway, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. for Morgan Avenue from Staples Street to Crosstown Freeway. BACKGROUND AND FINDINGS: The project includes reconstruction of the existing four lane (C -3 Collector) roadway. The existing right of way does not comply with the right of way as indicated on the Urban Transportation Master Plan (UTMP) for this roadway section, but right of way expansion is not recommended at this time. Improvements will include curb and gutter, sidewalks, ADA curb ramps, pavement markings, and bus stop rehabilitation. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the (UTMP /ICSP). Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with Coym, Rehment & Gutierrez Engineering, L.P. as proposed. 2. Do not execute the Contract for Professional Services with Coym, Rehment & Gutierrez Engineering, L.P. as proposed. K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \14 - MORGAN \MEMO - MORGAN.DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Coym, Rehmet & Gutierrez Engineering, L.P. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $980,000.00 $3,120,000.00 $4,100,000.00 Encumbered /Expended Amount This item 448,310.00 0.00 448,310.00 Future Anticipated Expenditures This Project 531,690.00 3,117,310.00 3,649,000.00 BALANCE $0.00 $ $2,690.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $448,310.00 to be fully funded in this fiscal year. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 22 \14 - MORGAN \MEMO - MORGAN.DOCX PROJECT BUDGET ESTIMATE Morgan Avenue from Staples Street to Crosstown Freeway Project No. E12101 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP $ 299,000.00 Wastewater CIP 253,000.00 Storm Water CIP 1,172,000.00 Gas CIP 38,000.00 MIS CIP 38,000.00 Total Utilities Project Total FUNDS REQUIRED: $ 2,300,000.00 $ 1,800,000.00 $ 4,100,000.00 Construction (preliminary estimate) ........................................... ............................... $ 2,795,454.55 Contingency ( 10%) ................................................................ ............................... $ 279,545.45 Consultant Fees: Consultant (Coym Rehmet Gutierrez Engineering) ....................... ............................... $ 448,310.00 Geotechnical Study and Testing (TBD) $ 82,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 61,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 389,500.00 Finance............................................................................... ............................... $ 20,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 20,500.00 TOTAL................................................................................ ............................... $ 4,097,310.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 2,690.00 \ Mproject \councilexhibits \exhE12101 dwg N co IH37 IH37 PROJECT V„ LOCATION AGNES r rn �- Vi z ° CL MORGAN o Lo Z O 0��9� 9� 9� W, POINT O� 00 LOCATION MAP NOT TO SCALE PROJECT #E12101 CITY COUNCIL EXHIBIT MORGAN AVENUE FROM STAPLES CITY OF CORPUS CHRISTI, TEXAS STREET TO CROSSTOWN FREEWAY DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 The City of Corpus Christi, a Texas home rule municipal corporation, P .O. Box 927 n Box O� aut Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authoriz 0 C m City Manager or Designee (Director of Engineering Services) and 0 Rehmet Gutierrez Engineering, L.P., a Texas corporation, 5656 South Staples St., Suite 23 Corpus Christi, N ueces County, Texas 78411 , (Architect/Engineer — AIE), h�ereby agr as follows- V V P V a all ""�77171rer TETR 11 provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may Contract for Engineering (A/E) Services Page 1 of 4 KIENGINEERING DATAEXCHANGEAANGIEMISTREET)EI2101 L40RGAN -STAPLES TO CROSSTOWN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $448.310.00, (Four Hundred Forty Eight Thousand Three Hundred Ten Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 4 K%ENGINEERING DATAEXCHANGEWNGIEM %STREET%Et2101 MORGAN -STAPLES TO CROSSTOWN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES -DOC A/E further agrees, in compliance with City of Corpus Christi Ordinance Ro. 17112, to complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager /j 3 Daniel Biles, P. � , Date Director of Engineering Services Office of Management Date and Budget 1011 mzc :!\ Contract for Engineering (AJE) Services Page 3 of 4 K%ENGINEERING DATAEXCHANGErANGIEMTREE"RE12101 MORGAN -STAPLES TO CROSSTOWN BOND ISSUE 201» CONTRACT PROFESSIONAL SERVICES DOC ATTEST Armando Chapa, City Secretary Mmmnn Ovpnue from Stanles Street to Crosstown Freeway (Project No. E121011 - - - -- - - -- - -- - - - - -- -- - - -- - - -- Department Fund Source No. Amount Street 550950- 3549 - 00000- E12101 $112,077.50 Wastewater 550950 -4251- 00000- E12101 49,314.10 Storm Water 550950 -3496- 00000- E12101 228,638.10 Water 550950 -4092- 00000- E12101 58,280.30 Gas 550950 -4556- 00000- E12101 0.00 Total $448,310.00 Encumbrance No. Contract for Engineering (A/E) Services Page 4 of 4 KIENGINEERING DATAEXCHANGE WNGIEMISTREETIE12101 MORGAN - STAPLES TO CROSSTOWN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Morgan Avenue From Staples Street to Crosstown Freeway (Project No. E12101) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, GDBG, USPS, affected school districts (CCISD, €BISD; -ets.) community groups, T-9LR, ets. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K:%Engineerctg DMaExchanp%ANGIEMISTREET1E12101 MORGAN - STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibit A Large AE Revised 11.13 -12.tlx 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, GDOG, USPS, CCISD, community groups, TI3LR,ets 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Reportand provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and on/v for the intended purpose of this project ►!may unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. EXHIBIT 'W Page 2 of 9 Revised November 13, 2012 KWxgineenng DataExche VkANGIEM%STREET%E12101 MORGAN STAPLES TO CROSSTOWN BOND ISSUE 20121Exhltit A Large AE Rewsea 11- 13 -12,Cx b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. PFOvide the final and bid deGuments 0 submittal ene (1) set of pFe plans h) fQF estimates Of Gests. staff Feview and appFOval PUFpeses With Wised pFebable 0 Hold PFGjeGt te fiVe days of the meeting. Assimilate all Feview meetings altendees within WGFI(ing i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer priorto re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 K1Engineering DateExchangeWNG1EM%STREE RE12101 MORGAN STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibit A Large AE Revised 11- 13.12.doc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. D Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 KeVineering Date Exchanga%ANGIEUtSTREET%E12101 MORGAN - STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibit A Large AE Revised 11- 13- 12.doc d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are notcontraryto the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red - line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: the -aFea b. TxDOT utility and environmental permits, multiple use agreements e. NPDES Permit/Amendments (including SSC, NOI NOT) j. U.S. AFFRY GOFPS of EngineeFS (USAGE-) EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K %EnguoerM DataExd,argMNGIEMISTREET%E12101 MORGAN -STAPLES TO CROSSTOWN BOND ISSUE 2012Exh b t A LaW AE Revised 11- 13-12,doc I. Texas Department of Licensing and Regulation (TDLR ) 2. Right -of -Way (ROW) Acguisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. RepeFt shalkidentify title ewneFship and any title enGumbFanGes to all Fight of wa to be- aequiFed-. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor*' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 K%Engirtaerirq DataExchange%NGIEMISTREEnE12101 MORGAN STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibit A Large AE Revised 11- 13- 12.dac 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K1Engineering DatoExchartge "GlEtASTREE71E12101 MORGAN STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibil A Large AE Revised 11.13- 12.doc "Rot to n 0 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K1Engineering DatoExchartge "GlEtASTREE71E12101 MORGAN STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibil A Large AE Revised 11.13- 12.doc vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit W. II. SCHEDULE Date Activity February 1, 2013 NTP May 10, 2013 Draft ELR submittal May 24, 2013 City Review June 12, 2013 Final ELR submittal August 9, 2013 60% Design Submittal August 23, 2013 City Review October 11, 2013 100% Design Submittal October 25, 2013 ity Review November 22, 2013 Final Submittal December 6, 2013 Advertise for Bids December 19, 2013 Pre -Bid Conference January 8, 2014 Receive Bids February 4, 2014 Contract Award March 4, 2014 Begin Construction March 6, 2015 Complete Construction EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K%Eng rteenng DataExdia +ge%NGIEM%STREET1E12101 MORGAN STAPLES TO CROSSTOWN BOND ISSUE 20121E htb4t A Large AE Rewsed 11.13.12 doe III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay theA/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase (Authorized) $77,495.00 2. Design Phase $188,945.00 3. Bid Phase $7,630.00 4. Construction Administration Phase $44,520.00 Subtotal Basic Services Fees $318,590.00 Additional Services Fees (Allowance) 1. Permit Preparation (Authorized) $7,115.00 2. ROW Survey (Authorized) $25,110.00 3. Topographic Survey (Authorized) $48,130.00 4. Environmental Issues TBD 5. Public Involvement $8,545.00 6. Subsurface Utility Investigation (Authorized) $30,875.00 7. Construction Observation Services To Be Determined 8. Start-up Services N/A 9. Warranty Phase $9,945.00 Sub -Total Additional Services Fees Authorized $129,720.00 Total Authorized Fee $448,310.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 KIEngineenng DataExchange %ANGLEM%STREET1E12101 MORGAN - STAPLES TO CROSSTOWN BOND ISSUE 20121Exhibd A Large AE Revised 11 -13.12 -doe EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS MORGAN AVENUE FROM STAPLES STREET TO CROSSTOWN EXPRESSWAY (WEST ROW OF STAPLES STREET TO TXDOT FRONTAGE ROAD ROW AT CROSSTOWN EXPRESSWAY) Basic Services: 1. Preliminary Phase c) Provide scope of geotechnical investigation requirements to the City's Geotechnical Consultant. The scope will include requirements for analysis of materials reuse and /or recycling, design parameters for flexible pavement and rigid pavement structures for 20 -year and 30 -year design life spans. A/E shall meet with the Geotechnical Consultant to insure that all recommendations and criteria meet the design expectations of the City. f) A life -cycle analysis and cost estimate will be performed utilizing the Federal Highway Administration Model. The analysis will be for a design life of 20 years and 30 years. The City will utilize the recommendations of the analysis to make a decision for a flexible pavement system or a rigid pavement system. The selected system will be the basis for the final design of the roadway. j) Prepare hydraulic analysis based on 5, 25 and 100 year storm return frequency runoff coefficients time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. A/E will utilize City of Corpus Christi Storm Water Department Drainage Area Map No. J15 from City Project No. 2083. The analysis will not include a detailed analysis of the Storm Water System Segment from Staples Street to the Morgan Avenue outfall into Corpus Christi Bay. The analysis will present recommendations for the storm sewer segment within the limits of the project area only. m) The governmental agencies which will be contacted are: TxDOT, CCISD, RTA, USPS, City of Corpus Christi Police and Fire Departments. Additional Services: 3. Topographic Survey and Parcel Description f) All control, primary and secondary will be established using GPS and rechecked using conventional non GPS methods. EXHIBIT "A -1" Page 1 of 2 K%Engineenng DataExcharge%ANGIEM%STREE nE12101 MORGAN - STAPLES TO CROSSTOWN BOND ISSUE 2012%Revised Large AE Exhibit A.1.dcc 4. Environmental Issues It is not anticipated that hazardous materials and /or contaminated soils will be encountered on this project. If it occurs, a complete assessment of the extent and nature of the problem, and scope of work for remediation will be developed upon authorization of the work by the City. 6. Subsurface Utility Investigation The subsurface utility investigation will include 10 (ten) locations identified in a preliminary reconnaissance of the site. EXHIBIT "A -1" Page 2 of 2 K.%Engineenng OataE =hange%ANGIEM%STREET1E12101 MORGAN - STAPLES TO CROSSTOWN BOND ISSUE 2012%Revwsed Large AE Exhtbot A•t doe EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE UM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury $ Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "n3" Page 1 of K%Engmenng DataExtlta %ANGIEMWO NO 2012 03A EXHIBIT 8 INDEMNIFICATION . OCT 2010 door C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 K%Engineenng DaUExdumgetANGIEM%RFQ NO 2012 03W EXHIBIT B INDEMNIFICATION . OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 K1Engmewng DataExd%ange%NGIEM%RFO NO 2012 0314 EXHIBIT B INDEMNIFICATION • OCT 2010 d= o � F- c Ia O .� 1. C d- c O � C - W +' '0O O aR O N � � CL m E y � CL E E d 0 IL i o � F- c Ia O .� 1. C d- c O � C - W +' '0O O aR O N � � * 00000,w- *9t aRaeae IL i **A A V- mv0 C 'C o 0 J a C 0 CL 0 o O V Z 0 'O o a0 o° a G A g 00 V" *aR tO O aR O M a� N * 00000,w- *9t aRaeae **A A V- N a o 0 0 0 0 0 o O p 0 0 S o a0 o° N69 HHm� LgLO0 v� `- � O M O Q Q p 9000000 �° 09, 8 0 0 u? o u� F_ F- I I vm o b9 d! 64 00 O O O O O D O 0 W) 0 o N V- 0 o 0 °o_to.�� 0 0 0 0 S�mm�mti 0� p p p� o co�,t�.S ti ti M CO) ed V. all 40 609 O 8 O 8 O m N t5 Ca N O N N VZ � 69P � 40 Q r+► OQ O O p 0 0000000 Go goo O N O O i- F-� V- V- 0 6s 6 8OOmo m 000 S o N N � Ow � N V H (p %j U. Il 10 Io U. to Z to v 0. w �a 10 0 m Sa 2 c c Qp o E w o _ m E V o = a�i �° E m °ts U= 3 ° o m a0ib0w aa _a0coU) mco�H EXHIBIT "C" Pa e 1 of 1 n SUPPLIER NUNIMR. SIG w,4 TO BE ASNED'BY CTTY PURCHASING FAVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to rovide the followiim information. Every uestion must be answered. If the question is not applicable, answer with ..NA". See reverse side for Filing 1�equirernents, Certifications and definitions. COMPANY NAME: Coyin, Rehmet & Gutierrez, I—P. P. 0. BOX: STREET ADDRESS: 5656 South Staples St., Suite 230 CITY: Corpus Christi ZIP: FIRNI IS: 1. Corporation 2. flarinership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS I f add itiona I space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus diristi havinu an interest" constituting 3% or more of the ownership in the above named "firm.' Name Depailment (if known) Job Title �Iljld City 2. State the names of each -official" of the City of Corpus Christi having an "owncrsli ip interest!' constituting 3% or mare of the ownership in the above named"firril." Name Title 3, State the names of each "board inernber" of the C ' 'ity of Corpus Christi having an -ownership interest" constituting; 3% or more of the ownership in tile above named '*firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked oil an), matter related to the sub, ect of this contract and 'has an -ownership interest" constituting 3% or more of the ownership in tile above narned "firill." Name Consultant sm FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 3eu Coym Title: Par+nc.f (rype or Print) Signature of Certifying Date: Person: T�- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 3 i a� Q i m as LM 0 2 i r � L•J O L a L cn N rML m 0 LPL N 0 N O m • • rl O V V 4� �O P� N V U Q) �O Q-I a--+ m 0 N i ca N (10 Lr) t � C: O — N O N � � 22 ' u C: N C:- :3 C: m 00 p U +P U E Q) v O V C: O LA W U M N � O E U U N W ateJ V U .Q) O O +� i C: Y1� co Mob O U V 4� �O P� s Y1� �T Kii 0 0 0 0 0 0 0 Ln Ln O O O O O 0 0 0 0 0 0 0 Ln RiT O O O O O 6 6 6 6 6 6 6 4 ui O O O O O 0 0 0 0 0 0 0 Ln RiT ri O O ri m 0 0 0 0 0 0 0 � LA M O O M w O m M N w w O Ln C1 w N N I� N O m Ln I� M M O R:T w m m V). M N N ri V). RCT O 'i 4l 4l W N L L W t i O � W p p m d W d V N L li E °� � " ''o 'i a_ W ` i Vf LU V 3 a a w_ U V of _ Z V C = w Z Ln Z O E To7 m LA. o � V V V V 0 s Y1� �T Kii Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of January 22, 2013 1852 Action Item for the City Council Meeting of January 29, 2013 DATE: December 28, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Twigg Street from Shoreline Boulevard to Lower Broadway Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $344,493.00, for Twigg Street from Shoreline Boulevard to Lower Broadway for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with HDR Engineering, Inc. for Twigg Street from Shoreline Boulevard to Lower Broadway. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair of the existing two lane one way collector street. The UTMP designates this roadway as an A -2 Arterial, but is constructed as one half of a C -3 Collector. However, staff recommends that the Urban Transportation Master Plan (UTMP) be amended to designate this street as a C -3 Collector with two travel lanes in a one way direction to the east. Other improvements include sidewalks, curb and gutter, pavement markings, landscaping and area beautification. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). HDR Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. HDR Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department MIS Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue 17ICaoital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $600,000.00 $1,900,000.00 $2,500,000.00 Encumbered / Expended Amount This Item 326,580.00 17,913.00 344,493.00 Future Anticipated Expenditures This Project 273,420.00 1,881,580.00 2,155,000.00 BALANCE $0.00 $507.00 $507.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $344,493. This amount will be funded over two years, with FY 13 funding in the amount of $326,580, and FY 14 funding will be required in the amount of $17,913 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint PROJECT BUDGET ESTIMATE Twigg Street from Shoreline Boulevard to Lower Broadway Project No. E12102 Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 PROJECT FUNDS AVAILABLE: Bond 2012 ................................................. ............................... $1,400,000.00 Water CIP .............................................. ............................... 182,000.00 Wastewater CIP ...................................... ............................... 154,000.00 Storm Water CIP ..................................... ............................... 714,000.00 Gas CIP ................................................ ............................... 25,000.00 MIS CIP ................................................. ............................... 25,000.00 Total Utilities 1,100,000.00 PROJECT TOTAL ............................................................ ............................... $2,500,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ..................................... ............................... $1,704,545.45 Contingencies ( 10%) ......................................................... ............................... $170,454.55 Consultant Fees: Consultant (HDR Engineering, Inc.) ..................................... ............................... 344,493.00 Geotechnical Study & Testing ( TBD) ........................ ............................... 37,500.00 Reimbursements Contract Administration (Contract Preparatio n/Award/Ad min) ... ............................... 25,000.00 Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt) ....... ............................... 200,000.00 Finance......................................................................... ............................... 8,750.00 Misc. (Printing, Advertising, etc.) ......................................... ............................... 8,750.00 Total............................................................................. ............................... $2,499,493.00 ESTIMATED PROJECT BUDGET BALANCE ...................... ............................... $507.00 =ile : \ Mproject \councilexhibits \exhE12102.dwg EM- 624 NUECES I?Ay HeR ��� /� sal/ CORPUS N qo o ROAD �-.��� p Oho" e / 0JIRLSTI o 37 23AY a o - i - Y a s AGNES AGNES HW1' 44 z PROJECT moecnN LOCATION COA a BEPF z J� 1Q, � S � q q McGL01N RD, 6° W- POINT s a lb o � � LOCATION MAP NOT TO SCALE AIA ,... . ..ww SHIP CHANNEL T ,,, A rt F, . � N AGNES ST. w y Ul SITE LOCATION PROJECT SITE CORPUS CXR£S71 2?-ay I PROJECT # E12102 NOT TO SCALE I TWIGG STREET FROM SHORELINE CITY COUNCIL C EXHIBIT CITY OF CORPUS CHRISTI, TEXAS BOULEVARD TO LOWER BROADWAY DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR Engineering. Inc., a Texas corporation, 555 North Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (ArchitectlEngineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Twiag Street from Shoreline Boulevard to Lower Broadway (Project No. E12102) — The scope of this project includes full -depth repair of the existing two lane one way collector street. The UTMP designates this roadway as an A -2 Arterial, but is constructed as one half of a C -3 Collector. However, staff recommends that the Urban Transportation Master Plan (UTMP) be amended to designate this street as a C -3 Collector with two travel lanes in a one way direction to the east. Other improvements include sidewalks, curb and gutter, pavement markings, landscaping and area beautification. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Conbacl for Engineering (AIE) Services Page 1 of 3 MENGINEERING DATAEXCHANGEUENNIFER %STREETS1E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)1CONSULTANT CONTRACTVCONTRACT.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $344,493.00, (Three Hundred Forty -Four Thousand Four Hundred Ninety Three Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. ���Z«7_ The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (AIE) Services Page 2 of 3 KIENGINEERING DATAEXCHANGEUENNIFERISTREETS1E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P.E., Date Director of Engineering Services Office of Management Date and Budget ATTEST Armando Chapa, City Secretary liq I nFr 3j, 2012 CON 9 ftAt, 1 MAWA(kiffll Encumbrance No. Contract for Engineering (AJE) Services Page 3 of 3 K\ENGINEERING DATAEXCHANGEUENNIFER1STRFETSkF-12102 TVflGG-SHORELINE TO BROADWAY (BOND 2012)=NSULTANT CONTRAC-nCONTRACT, DOG EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS TWIGG STREET FROM SHORELINE BOULEVARD TO LOWER BROADWAY PROJECT NO. E12102 BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. Preliminary Phase. The Architect/Engineer A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K1En hewing DalaEx &mngeUENNIFER%STREETS%E12102 TWIGGSHOREUNE TO BROADWAY (BOND 2012)ICONSULTANT CONTRACTTWilbit Adoe 1 Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and pB1 Any y for the intended purpose of this project. n unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 K\Engineering OcitaF-xchangeUENNIFERISTRF-ETStiE12102 TWIGG-SHOREUNE TO BROADWAY (BOND 2012)=NSULTANT CONTRACTExhibit Adoc b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary' which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. 9) 144yffida anA (4) set of the pFe final plans and -h*d- d-e-a-u-Ments 0 eIeGtFeRiG and full size haFd eepies using City StandaFds as applieable) to the Gity h\ L-J-1A M­;--4, CIM ­ ;; , ...ee4i..i. Cre--- .w,ee +inn -.,e.,A— --A .dim*+ ;k. fe ­+i..... ��......�...�, - ...- ....��. rte. -..� -...� . ���... �...�...� ...�� ...� r. -...� -... -. ����...�- ...�..�, -... -. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adeauately addressed City- provided review comments or provided submittals in accordance with City standards.. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 MEngineering DateExchangeUENNIFERISTREETS %E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)1CONSULTANT CONTRAC71Exhibit Adoe 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 K-WxGineering DataEx &oVo%JENNIFERI5TREETS%E12102 TWIGCSHORELINE TO BROADWAY (BOND 2012)1CONSULTANT CONTRACTIE#tibit Adoe d) Provide interpretations and clarifications of the contract documents for the Contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: the -area b. TxDOT utility and environmental permits, multiple use agreements 6. Wetlands Deloneefien and PeFFAit. 4. e. Nl2DF=6 PeFFROYAmendments (inrluding SSG, NQ NOT-) h. Texas Historical Commission (THC) k. I. Texas Department of Licensing and Regulation (TDLR ) EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K-Wng_ �rh g DaWExchangaWENNIFERW REE_FM12102 TWIGGSNORELINE TO BROADWAY (BOND 2012)%CONSULTANT CONTRAME)Mit Adoc n. Other agency project - specific permits 2. Right -of -Way (ROM Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) . b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. r.) PFOyide a pFeliminaFy base map GeRtaiRiAg appaFent ROW, whish will be used by the N9 to develop the PFGpesed alignment and its pesitign Fgl;;*O;;A *A thgemisting , 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'0 Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontallvertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 K*TiV veering DaWExdurg eUENNlFER%STREETS%E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)%CONSULTANT CONTRACTIExhibit Adoe - Mi:i 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investioation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K-TMinewing DozEx w*eVENNIFERI,STREETS%E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)%CONSULTANT CONTRACT1Exhibit Adoe 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity Jan 6, 2013 NTP March 8, 2013 Draft ELR submittal March 22, 2013 City Review April 6, 2013 Final ELR submittal August 2 2013 60% Design Submittal August 16, 2013 City Review October 22, 2013 100% Final Submittal November 11, 2013 Advertise for Bids November 26, 2013 Pre -Bid Conference December 3, 2013 Receive Bids December 17, 2013 Contract Award March 3, 2014 Begin Construction September 26, 2014 1 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. , the statement will be based upon City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 MEngirm ing DeWExchangWENNIFERISTREETS %E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)%CONSULTANT CONTRACTWochibit Adoe B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as perthe table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $39,512 2. Design Phase $105,952 3. Bid Phase $14,000 4. Construction Administration Phase $35,900 Subtotal Basic Services Fees 195 364 Additional Services Fees (Allowance) 1. Permit Preparation $5,000 2. ROW Acquisition Survey $12,880 3. Topographic Survey and Parcel Descriptions $52,233 4. Environmental Issues $1,000 5. a.) Public Involvement $4,800 5. b.) Public Involvement (Beyond Basics) To Be Determined 5. c.) Public Involvement (Additional Tactics) To Be Determined 6. a.) Subsurface Utility Investigation $40,216 b.) Video Inspection of Lines $29,000 7. Construction Observation Services To Be Determined 8. Start-up Services $0 9. Warranty Phase $4,000 10. Landscape Design To Be Determined Sub -Total Additional Services Fees Authorized 111j,129 Total Authorized Fee 124L493 *Additional Services which are authorized upon the Director of Engineering Services' authorization of notice to proceed for Basic Services. EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 KW.nginaertng DataExdumgeUENNIFER %STREETS%E12102 TWIGGSHORELINE TO BROADWAY (BOND 2012)XCONSULTANT CONTRACTWxhibit Adoe EXHIBIT "A -1" CITY OF CORPUS CHRISTI TWIGG STREET FROM SHORELINE BOULEVARD TO LOWER BROADWAY PROJECT NO. E12102 BOND ISSUE 2012 I. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the Twigg Street contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A -1" are listed as "NIA ". A. BASIC SERVICES Preliminary Phase a) City Council Meeting — A maximum of 5 slides will be developed by the A/E and coordinated with City staff for presentation of the project to the City Council. b) N/A c) N/A d) N/A e) N/A f) The A/E will utilize the FHWA method for life cycle cost analysis for the project. A maximum of 1 life cycle scenarios will be run for the project. g) N/A h) N/A i) The drainage areas studied for the project are the current contributing areas along the centerline of Twigg Street from Lower Broadway to Shoreline which directly drain into the existing Twigg Street underground storm sewer. The contributing drainage areas for the Power Street pump station or the 96" trunk line under Water Street will not be analyzed. An assumed tailwater elevation for the 96" trunk line under Water Street will be used for the design of the proposed Twigg Street storm sewer within the previous stated limits. j) N/A k) N/A 1) N/A m) N/A n) N/A o) Construction sequencing will include the A/E developing a conceptual traffic control phasing schematic. During the development of the opinion of probable construction cost, the opportunity to accommodate landscape and streetscape design within the available project budget will be noted in the report. Landscape and streetscape design is considered an additional service. p) N/A q) One four hour meeting is assumed for the preliminary review meeting of the draft ELR. r) N/A s) One four hour meeting is assumed for the capital project oversight committee meeting. If the capital project oversight committee meeting result in significant changes to the original scope of the project, the Twigg Street contract will be amended to incorporate the revised scope effort. EXHIBIT "A -1" Pa e 1 of 9 City staff will provide one set of the following (as applicable): a) NIA b) NIA c) N/A d) N/A e) The City will provide more extensive GIS utility mapping beyond what is available on the City's website. f) N/A g) Schedule project review meetings and invite appropriate attendees. 2. Design Phase a) N/A b) N/A c) A/E will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view. d) 1. One traffic control plan concept will be included in the project plan set. e) N/A f) The 60% review will consist of only one meeting with City staff. Additional 60% review meetings requested by City staff will require the Twigg Street project contract to be amended to include these meetings. g) N/A h) N/A i) N/A j) N/A k) N/A 1) NIA City staff will: a) N/A b) NIA c) N/A 3. Bid Phase a) N/A b) N/A c) N/A d) N/A e) NIA f) A maximum of five slides will be prepared and coordinated with the City for their presentation to the City Council. City staff will: a) N/A b) N/A c) N/A d) N/A 4. Construction Administration Phase a) N/A b) NIA =EXHIBIT "A -1" of9 c) N/A d) N/A e) Project site visits will utilize a weekly maximum of 5 hours. Any additional time spent on the project site at the request of City staff will require the project contract to be amended to accommodate the agreed upon additional hours. f) N/A g) N/A h) N/A City staff will: a) N/A b) N/A c) N/A B. Additional Services This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation N/A 2) Right -of -Way (ROW) Acquisition Survey A/E will provide ROW acquisition surveys limited to 10 parcels. All work shall comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work shall be tied to and be in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) A/E shall obtain Preliminary Title Reports from a local title company and provide copies of the title reports to City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. b) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. c) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions to City prior to the 60% submittal. 3) Topographic Survey and ROW Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth =EXHIBIT "A -1" of9 Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of inverts for all accessible covers for existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties, and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Generate electronic existing surface for use in project design. m) Provide traffic control with surveyor ahead warning signs, warning strobe light and safety vests. n) Perform surveys to determine apparent right -of -way widths. o) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. p) Draft a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 4) Environmental Services Given the project's proximity to Artesian Park, coordination with the Texas Historical Commission (THC) will be necessary to determine the project's effects on cultural resources. The THC's restricted Archaeological Sites Atlas will be searched for extant archaeological sites, National Register Eligible Properties /Districts, and cemeteries within a one -mile radius of the project area. Additionally, the Sites Atlas will be queried for the existence of any recorded information regarding past cultural resources surveys within a one -mile radius of the project area. =EXHIBIT "Aof9 If the database search is negative for recorded cultural resources, a letter will be sent to the THC asking for concurrence for no archaeological survey of the proposed project area. If the THC does not concur, a survey of the project area would be required. A survey of the project area is not included as part of the project scope, but the contract can be amended to include this scope at the City's request. A required survey would include a Texas Antiquities Permit, field effort and a report of the findings to be reviewed by THC. 5) A.) Public Involvement (2 Meetingsl A/E will provide public involvement services for scope stated in Exhibit "A" 1.13.5. B.1 Public Involvement (Beyond Basic) Although the only requested services in Exhibit "A" 1.13.5 involve a basic approach to public involvement, the purpose of this public involvement plan is to identify and outline the goals, objectives, stakeholders, key messages and tactics that may be employed to fulfill a more rounded approach to the pre- requisite scope identified in the Twigg Street Project (E12102) Exhibit "A" 1.6.5 by the City of Corpus Christi. Primary goal of the public meetings is to provide a platform for community engagement and information sharing during planning and construction phases of the project. Goal objectives are to inform and increase awareness early in the process and throughout the project and engage community stakeholders in useful dialogue on the planning process and construction issues as they are identified. Although no residential dwellings exist along the project area, Twigg Street experiences heavy traffic from motorists accessing the downtown area via the Harbor Bridge. Efforts to relay information to city officials from Portland to Rockport should be considered. Messaging will shift as the project phases progress. Initial messaging will focus on awareness of the project in the area, continuing into the design process and throughout construction completion. Public meetings should be tentatively scheduled to parallel the project schedule. The City of Corpus Christi will provide the following services: a) Coordinate with A/E on public meeting logistics including location, date, and time. b) Compile residential and business address list and provide A/E with a copy to identify project target audience. c) Print and coordinate direct mail services for public meeting notices to identified stakeholders and residents prior to each public meeting. d) It is imperative that a media advisory be prepared to inform the surrounding areas of the public meeting since direct mail is only being distributed to the immediate project area. Commuters need to be aware of the project and allowed to engage in the process. The City will prepare and distribute a public meeting media advisory to local print, TV and radio media outlets prior to each public meeting. Follow -up with media on day of public meeting is recommended if coverage is desired. A/E will provide the following services: e) Draft public meeting notices as directed by City Engineering Dept. f) Identify and compile a list of project area schools, retail and business locations (in addition to the City - provided list, only if needed) to assist in promotion of the public meeting by displaying posters or distributing flyers. The public meeting must be promoted in the "places people go" on a day -to -day basis in their EXHIBIT "A -1" Page 5 of 9 neighborhoods. Once these entities are initially identified, the only task for subsequent public meetings is delivering new promotional materials. g) Create and distribute posters and flyers to identified locations. h) Electronic communication via email is the most cost - effective method for promoting the public meetings. Continually building an email contact list and communicating with stakeholders electronically will save the City money over the course of the oroiect. No additional time or resources will be spent to further identify email addresses that are not readily available or provided in advance. Once the City provides the residential and business address list, A/E will build an initial email list (matched from an in -house contacts database) that can be used to promote the public meetings electronically. 1) Electronic notices will be distributed via email to the email contact list prior to each public meeting. j) Coordinate with City of Corpus Christi Engineering Dept. to promote the public meeting on the current Facebook page. k) Develop citizen comment card that can be completed and turned in at the public meeting or returned by mail. 1) Prepare one PowerPoint presentation per public meeting with a maximum of fifteen slides. m) Design and print maximum of five handouts or brochures or a combination thereof per public meeting. n) Coordinate, set -up and staff the public meeting. This includes, but is not limited to communication with personnel on location (provided by the City) regarding when to arrive, meeting set -up floor plan, ordering refreshments, work check -in table to encourage attendees to share their contact information for future electronic communications, etc. o) Public meeting follow -up tasks including, but not limited to draft and prepare meeting notes and update contact list. p) Coordinate with City of Corpus Christi Engineering Dept. for a post- meeting update on the current Facebook page. q) Follow -up and respond to citizen and business comments as needed. C.) Public Involvement (Additional Tactics) (In addition to services in 6.B.) Although the only requested services in Exhibit "An 1.B.5 are the public meetings, we strongly recommend some additional services to provide a more comprehensive context for the street improvement project, build on the momentum of the voter - approved bond and ensure a positive perception of the project by the public at- large. Secondary stakeholders are identified as City Council, City senior staff and stakeholder organizations such as the school district, area chambers and transportation entities. Below are some additional tactics that can be added to the initial scope should the project require such services. a) Advance Communications - in advance of project commencement, send a project announcement direct mail piece to an extended area (Central Corpus Christi) beyond the project area with a call to action to go to a static one -page website EXHIBIT "A -1" Pa e6of9 with general project information and a submission form to opt -in to the mailing list or e- newsletter distribution list. b) Traditional Media Outreach - considering the high volume of commuters traveling the Twigg corridor, it is imperative to keep the community updated on project progress, closures and detours. Weekly news releases and/or media advisories will be the main source of information for majority of the community. c) Caller Times Ad promoting each public meeting. d) E- Newsletter - an electronic newsletter will be designed and utilized for the project but it is recommended that a quarterly update be sent to stakeholders in addition to e- newsletters focused on meeting announcement and follow -up. The newsletter will be distributed via email to the project area contact list and additional stakeholders in the community. e) Social Media Integration - link on micro -site to City Engineering Dept. Facebook page and develop content based on project milestones, announcements and updates. f) Project Web Site - a combined City of Corpus Christi Bond 2012 Street Improvement website is recommended. If that is not feasible, we suggest a smaller micro -site for each project requiring public involvement. Working with the City Engineering Department and MIS staff, the site(s) will have integrated features some of which may be retained by the City for use after project completion. The micro -site will be divided into the following components: i) Project home (1) Landing page which has overall explanation of the project and headlines /links to the most current information ii) Project Map & Schedule (1) Maps - construction and potential detour routes (2) Schedule - construction timeline & phases iii) Construction Updates (1) As needed throughout the completion of the project. iv) Public Involvement (1) Meetings and presentations (2) List of potentially affected neighborhoods and businesses v) Newsroom (1) Links to current and past news releases and media advisories (2) Links to recent media coverage regarding the project vi) Stay informed (1) Register for electronic newsletter (2) Contact information for City Engineering Dept 6) A.) Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: EXHIBIT "A -1" Page 7 of 9 i) Hydro Excavation — The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in five (5) specified areas through the project limit. (Quality Level A involves the use of hydro equipment at critical points designated by A/E to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. The initial fee for hydro excavation is limited to 5 days and includes the cost for concrete /pavement cores before excavation and traffic control. The City will provide a designated disposal site for the hydro tailings (slurry from the excavated holes). ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. v) Water — Water facilities within the project limits will be located to Quality Level A. vi) Gas — Gas facilities within the project limits will be located to Quality Level A by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. B.) Televised Inspection of Wastewater and Stormwater Lines- For wastewater trunk line within the project limits, clean and televise lines. Review video tapes of the line to ascertain their condition. Based on this assessment, provide recommendations for repair, rehabilitation, or replacement. Televised inspection services are not included for lateral wastewater lines providing service to the abutting residential neighborhoods or commercial properties. Based on the assessment of the trunk line along Twigg, A/E will provide recommendations for additional televised inspection of these lateral wastewater lines. 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The A/E can provide a scope and fee for construction observation services if requested by the City. =EXHIBIT "A -1" of9 8) Start-up Services — N/A 9) Warranty Phase — N/A 10) landscaping Design —The A/E can, at the request of the City, submit a scope of work and fee amount to perform landscape design services. The landscape design will be based on an approved conceptual landscaping plan that may be included in the preliminary engineering letter report for the Twigg Street project. EXHIBIT "A -1" Page 9 of 9 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 C:\ UsereljennifeMAppDataM- oealWicrosoftlW ndows%Temporary tntemet Files\Content.Outlook \G4N0OWJH%4 EXHIBIT B INDEMNIFICATION - OCT 2010.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 C:l UsersljamifeMAppData lLocaMAicrosotHWindom\Temporary tntemet Fi1oslContenL0uttook1G4N00WJH14 EXHIBIT B INDEMNIFICATION - OCT 2010.dooc H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of C:1 Ums4ennitertl AppData %LocOMiaosoft%WindowslTernporary Intemet Fles%Content.Outlook\G4NOQWJHW EXHIBIT B INDEMNIFICATION - OCT 201Qdoc x X10 C � o *+ £ �I o; r a 3 � o a- m tai C Q o c W 00o0oog O F ~ 0 m W� . O 888 N �ZZ O �� Z ® V m W O O _ 'O J 4. C ... F a- w 0 O O V Z v V O Z► C v r m tai N 00o0oog °a°apop� m 888 O �� w � 4 a _ F w 0 O li yZ Z► C o M H H 'c Z 00 � p c5 m _ p ° �� Q c o w O m E g a c ¢'o 0 0 0 0 0 o p p p o o a Cbm S a 0 to v' ) v�m:R o oo�000 ppp C O P pp Uf G a� g ppp a� �Ow N °a Co °a N °Nppp m m m N IC04N `• O m N �O W to � C O O 00 N O m H G H N O N N to Uo m oqca 108 rlf� N N 6 N co EXHIBIT "C Pa e 1 of 1 m tai m a _ li yZ Z► C o M N 'c Z c p c5 m _ p ° �� Q c o w O m E g a c ¢'o 0 m CL m0t(n a s Cbm S a 0 to v' ) v�m:R o EXHIBIT "C Pa e 1 of 1 i�b SUPPLIER NUMBER TO BE ASSIGNED BYCITV- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation ® FM 2. Partnership B 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm' Name Job Title and City Department (if known) N.A. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. 78401 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Carl E. Crull, P.E. (Type or Print) Title: Vice-President Signature of Certifying Date: Person: fffffflffffli , a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 3 0 m i 3 0 J O L - O � i N • L � O N 4 s N � = o • O V V 4� �O P� q-R N" o u { y � X U u F07 cv U w � a� U Yd O V V 4� �O P� q-R N" o u { y � X U u F07 cv Q) V V 4) �O P� t O 2 N 22 N ca V N t0 E -W W V O a m 0 N Co =3 O C: N co C E Co �CD- ca � Ln �U C: C: •- =3 C: 00 U *.7j _ Q U E (A O a--) U U N C: Z7- O U L N C: O U U ate-+ �--+ Q U O Q, E V X 3 { co w � a� o= U to Q) V V 4) �O P� t O 2 N 22 N ca V N t0 E -W W V O a m 0 N Co =3 O C: N co C E Co �CD- ca � Ln �U C: C: •- =3 C: 00 U *.7j _ Q U E (A O a--) U U N C: Z7- O U L N C: O U U ate-+ �--+ Q U O Q, E V X 3 { co v I O U V 4� �O P� O O O O O O O U Lf) w O C O a� O 0 U Yd v I O U V 4� �O P� q-R F07 V X U u 3 Kii O O O O O O O Lf) Lf) O O O O O 0 0 0 0 0 0 0 T L() O O O O O 0 0 6 0 0 6 0 I Y/ -q M O O M I, 0 0 0 0 0 0 0 I�r L() C) O O C) O 0 0 0 0 0 0 0 Lci I�r II�r O NI�r qT Lf) Lf) O I�r O -q I, N a N N O M � � � O `� I�r T-r N r N o LU � Lii J a Q cn Z m LL N o C-4 O m tU L a- U U cL cn � a (7 UL � ct n . O 0 E 0 W z J Q m q-R F07 V X U u 3 Kii Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of January 22, 2013 1852 Action Item for the City Council Meeting of January 29, 2013 DATE: December 28, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Leopard Street from Crosstown Freeway to Palm Drive Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $563,389.00, for Leopard Street from Crosstown Freeway to Palm Drive for design, bid, and construction phase services. BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with HDR Engineering, Inc. for Leopard Street from Crosstown Freeway to Palm Drive. BACKGROUND AND FINDINGS: The scope of this project includes full -depth repair of the existing four lane roadway with partial center left turn lane. The existing right of way does not comply with the A -1 Arterial designation as indicated on the Urban Transportation Master Plan (UTMP) for this roadway section, but right of way expansion is not recommended at this time. Improvements will include curb and gutter, wide sidewalks, Americans with Disabilities Act (ADA) curb ramps, pavement markings, and bus stop rehabilitation. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). HDR Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with HDR Engineering, Inc. (Not recommended). OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. HDR Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue 17ICaoital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $951,000.00 $3,649,000.00 $4,600,000.00 Encumbered / Expended Amount This Item 532,053.00 31,336.00 563,389.00 Future Anticipated Expenditures This Project 418,947.00 3,617,553.00 4,036,500.00 BALANCE $0.00 $111.00 $111.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: This Contract for Professional Services will result in the expenditure of an amount not to exceed $563,389. This amount will be funded over two years, with FY 13 funding in the amount of $532,053, and FY 14 funding will be required in the amount of $31,336 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint PROJECT BUDGET ESTIMATE Leopard Street from Crosstown Freeway to Palm Drive Project No. E12103 Bond Issue 2012 Future Item January 22, 2013 Action Item January 29, 2013 :tell] NCO] i Vi L1 I91-11V_V /_ I w_1:3I M1 Bond 2012 .......................................................................... ............................... $2,600,000.00 Water CIP .................................................. ............................... 338,000.00 Wastewater CIP .......................................... ............................... 286,000.00 Storm Water CIP ......................................... ............................... 1,326,000.00 Gas CIP ..................................................... ............................... 25,000.00 MIS CIP ..................................................... ............................... 25,000.00 Total Utilities ....................................................................... ............................... 2,000,000.00 PROJECT TOTAL ................................................................ ............................... $4,600,000.00 FUNDS REQUIRED: Construction (preiminary estimate) .......................................... ............................... $3,136,363.64 Contingencies ( 10%) ............................................................. ............................... 313,636.36 Consultant Fees: Consultant (HDR Engineering, Inc.) ......................................... ............................... 563,389.00 Geotechnical Study & Testing ( TBD) ....................................... ............................... 92,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ........ ............................... 57,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ........... ............................... 391,000.00 Finance............................................................................. ............................... 23,000.00 Misc. (Printing, Advertising, etc.) ............................................. ............................... 23,000.00 TOTAL .............................................................................. ............................... $4,599,889.00 ESTIMATED PROJECT BUDGET BALANCE ........................... ............................... $111.00 =ile : \ Mproject \councilexhibits \exhE12103.dwg EM- 624 NUECES I?Ay HeR ��� /� sal/ CORPUS N qo o ROAD �-.��� p Oho" e / 0JIRLSTI o 37 23AY a o - i - Y a s AGNES AGNES HW1' 44 z PROJECT moecnN LOCATION COA a BEPF z J� 1Q, � S � q q McGL01N RD, 6° W- POINT s a lb o � � LOCATION MAP NOT TO SCALE ".: , �. --. ........ SHIP CHANNEL r r.w, w AGNES ST. k PROJECT SITE SITE LOCATION CORPUS CXR£S71 2?-ay I PROJECT # E12103 NOT TO SCALE I LEOPARD STREET FROM CROSSTOWN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FREEWAY TO PALM DRIVE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 .: INTERSTATE 37 -rr. 3 a W 3 w z � , 1 I E S // o tt it }St 1 7-JE-hi , SITE LOCATION CORPUS CXR£S71 2?-ay I PROJECT # E12103 NOT TO SCALE I LEOPARD STREET FROM CROSSTOWN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FREEWAY TO PALM DRIVE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR Engineering. Inc., a Texas corporation, 555 North Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Leopard Street from Crosstown Freeway to Palm Drive (Proiect No. E12103) — The scope of this project includes full -depth repair of the existing four lane roadway with partial center left turn lane. The existing right of way does not comply with the A -1 Arterial designation as indicated on the Urban Transportation Master Plan (UTMP) for this roadway section, but right of way expansion is not recommended at this time. Improvements will include curb and gutter, wide sidewalks, Americans with Disabilities Act (ADA) curb ramps, pavement markings, and bus stop rehabilitation. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /Integrated Community Sustainability Plan (ICSP). 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A!E) Services Page 1 of 3 MENGINEERING DATAEXCHANGEUENNIFER %STREETS%E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACT%CONTRACT.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $563,389.00 (Five Hundred Sixty Three Thousand Three Hundred Eighty Nine Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Enghaering (AIE) Ser icas Page 2 of 3 KIENGINEERING DATAEXCHANGE LIENNIFER%IREETS1E12103 LEOPARD- CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager Daniel Biles, P.E., Date Director • Engineeri nc I • i Services *ffice • Management Date d Budget Armando Chapa, City Secretary IMMM npr 3 '1 2012 9U2— i iviANAGER WITM ins • - 014 • Contract for Engineering (AIE) Services Page 3 of 3 K ENGINEERING DATAEXCKANGEQENNJFEMSTREETS1E1 2103 LEOPARD•CROSSTOWN TO PALM (BOND 2012)4CONSULTANT CONTRACnCONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LEOPARD STREET FROM CROSSTOWN FREEWAY TO PALM DRIVE PROJECT NO. E12103 BOND ISSUE 2012 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K%EngirwWng DeteExchengaUENNIFER %STREETS1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012ACONSULTANT CONTRACTE#dbit Adx sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and g&ly for the intended purpose of this project Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the EXHIBIT "A" Page 2 of 9 Revised November 13.2012 MEngineering DataExehangeUENNiFERISTREETSIE12103 LEOPARD- CROSSTOWN TO PALM (BOND 2012)ICONSULTANT CONTRACTW- Xhibit Adde storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 °x 36" plan sheets that can be reduced to 11 °x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. 0 Submittal h) Hold PFGjerA 0 i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 KTNIneering DataExduMaUENNIFERISTREETS1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACTWAlibit Adoe The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the Contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 K1Englmering DaMExchangsUENNIFER1STREETS 1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)%CONSULTANT CONTRACT1Exhibit Adoc changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. , b. TxDOT utility and environmental permits, multiple use agreements F Texas Gemmissien eF Environmental Quality (TGrEQ) PeFFA*t .4Ar..enidrnent I. Texas Department of Licensing and Regulation (TDLR ) n. Other agency project- specific permits 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K\Engineering DateExe Wp\JENN1FERISTREETS\E12103 LEOPARD-CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACTE#Ilbh Adoc title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topoaraphic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'[] Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property comers and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 MEnginwring DataExchangeUENNiFER \SrREETS%E12103 LEOPARD-CROSSTOWN TO PALM (BOND 2012ACONSULTANT CONTRACTWAlibit Adoc and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The Gity of GeFpbis GhFiSti Gas DepaFtment wall provide Quality The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. E EXHIBIT "A" Page 7 of 9 d November 13, 2012 K-Wx*ineeing DataExduMcIJENNIFERZTREETS1E12103 LEOPARD- CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACTWxhibit Adoa Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity Jan 6, 2013 NTP April 5, 2013 Draft ELR submittal April 17, 2013 City Review April 30, 2013 Final ELR submittal September 27, 2013 60% Design Submittal October 25 2013 City Review January 10, 2014 100% Final Submittal January 21, 2014 Advertise for Bids January 29. 2014 Pre -Bid Conference February 5 2014 Receive Bids February 18, 2014 Contract Award April 21, 2014 Begin Construction May 29, 2014 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. , City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K- Engineering DetaExcttangeWENNIFER %SMEETS%E72103 LEOPARD-CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACT%Exhlblt Adoc Summary of Fees Basic Services Fees 1. Preliminary Phase $56,943 2. Design Phase $191,337 3. Bid Phase $14,500 4. Construction Administration Phase $62,700 Subtotal Basic Services Fees $325,480 Additional Services Fees (Allowance) 1. Permit Preparation * $5,000 2. ROW Acquisition Survey and Parcel Descriptions $21,965 3. Topographic Survey and Psel- Beseas ROW Survey* $101,718 4. Environmental Issues * $10,021 5. a.) Public Involvement (2 Meetings) * $4,800 5. b.) Public Involvement (Comprehensive Approach) To Be Determined 5. c.) Public Involvement (Additional Tactics) To Be Determined 6. a.) Subsurface Utility Investigation $62,905 b.) Video Inspection of lines $27,500 7. Construction Observation Services To Be Determined 8. Start-up Services N/A 9. Warranty Phase $4,000 Sub -Total Additional Services Fees Authorized $237,909 Total Authorized Fee $563,389 *Additional Services which are authorized upon the Director of Engineering Services' authorization of notice to proceed for Basic Services. E EXHIBIT "A" Page 9 of 9 d November 13, 2012 K1Enginaming DataExchangaUENNiFER %STREETS%E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)%CONSULTANT CONTRACT1EAibit Adoc EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS LEOPARD STREET FROM CROSSTOWN FREEWAY TO PALM DRIVE PROJECT NO. E12103 BOND ISSUE 2012 I. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the Leopard Street contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A -1° are listed as "N /A ". A. BASIC SERVICES Preliminary Phase a) City Council Meeting — A maximum of 5 slides will be developed by the A/E and coordinated with City staff for presentation of the project to the City Council. b) N/A c) A/E will coordinate with City's geotechnical engineer to obtain existing pavement data and analysis. d) N/A e) N/A f) The A/E will utilize the FHWA method for life cycle cost analysis for the project. A maximum of 1 life cycle scenario will be run for the project. g) N/A h) N/A i) The drainage areas studied for the project are the current contributing areas along the centerline of Leopard St from Palm Street to SH 286 which directly drain into the existing Leopard Street underground storm sewer. The contributing drainage areas for the Salt Flats Levee box culvert will not be analyzed. An assumed tailwater elevation for the Salt Flats Levee box culvert will be used for the design of the proposed Leopard Street storm sewer within the previous stated limits. j) The existing storm sewer system for Leopard Street within the scope limits will not be analyzed in its entirety due to its aging infrastructure and flooding history. k) N/A 1) N/A m) N/A n) N/A o) Construction sequencing will include the A/E developing a conceptual traffic control phasing schematic. p) N/A q) One four hour meeting is assumed for the preliminary review meeting of the draft ELR. r) N/A s) One four hour meeting is assumed for the capital project oversight committee meeting. If the capital project oversight committee meeting result in significant changes to the original scope of the project, the Leopard Street contract will be amended to incorporate the revised scope effort. EXHIBIT "A -1" Page 1 of 9 City staff will provide one set of the following (as applicable): a) N/A b) N/A c) N/A d) N/A e) The City will provide more extensive GIS utility mapping beyond what is available on the City's website. f) N/A g) Schedule project review meetings and invite appropriate attendees. 2. Desion Phase a) N/A b) N/A c) A/E will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view. d) 1. One traffic control plan concept will be included in the project plan set. e) N/A f) The 60% review will consist of one meeting with City staff. Additional 60% review meetings requested by City staff will require the Leopard Street project contract to be amended to include these meetings. g) N/A h) N/A i) N/A j) N/A k) N/A 1) N/A m) NIA City staff will: a) N/A b) N/A c) N/A 3. Bid Phase a) N/A b) N/A c) N/A d) N/A e) N/A f) A maximum of five slides will be prepared and coordinated with the City for their presentation to the City Council. City staff will: a) N/A b) N/A c) N/A d) N/A 4. Construction Administration Phase a) N/A EXHIBIT "A -1" Pa e2of9l b) N/A c) N/A d) N/A e) Project site visits will utilize a weekly maximum of 5 hours. Any additional time spent on the project site at the request of City staff will require the project contract to be amended to accommodate the agreed upon additional hours. f) N/A g) N/A h) N/A City staff will: a) N/A b) N/A c) N/A B. Additional Services This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation N/A 2) Right -of -Way (ROW) Acquisition Survey A/E will provide ROW acquisition surveys limited to 10 parcels. All work shall comply with Category 1 -A, Condition i specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work shall be tied to and be in conformance with the City's Global Positioning System (GPS) control network. All work shall comply with all TxDOT requirements as applicable. a) A/E shall obtain Preliminary Title Reports from a local title company and provide copies of the title reports to City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. b) Set property comers and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. c) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions to City prior to the 60% submittal. 3) Toposaraphic Survey and ROW Survey All work shall be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional =EXHIBIT "A -1" of9 Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of inverts for all accessible covers for existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties, and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Generate electronic existing surface for use in project design. m) Provide traffic control with surveyor ahead warning signs, warning strobe light and safety vests. n) Perform surveys to determine apparent right -of -way widths. o) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. p) Draft a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 4) Environmental Services - Provide an environmental Phase 1 Assessment to identify potential contaminants within the Leopard Street project limits. Phase 1 services will consist of the following: a) Site reconnaissance for general site conditions, identification of suspect properties, and presentation of possible environmental problems. b) Prepare ASTM El 527-05 standard report. =EXHIBIT "A -1 of9 c) Review historical records which include historical aerials of the locations that are suspect. Additional historical records that may be researched are historical maps, Sanborn maps, old phone directories, deed restrictions etc. d) Review of TCEQ databases including underground storage tanks, hazardous spills, land fills, and review of City directories. e) Research the following databases: i) Review of Superfund national priorities list (NPL) ii) Comprehensive Environmental Response and Liability Act System (CERCLIS), and No Further Response Action Planned (NFRAP) sites, RCRA facilities, Emergency Response Notification System (ERNS) iii) Solid waste facilities and landfills (SWF /LF) iv) Toxic Release Inventory Systems (IRIS) databases site, Facility Index Systems (FINDS) which are maintained by the US EPA. v) State Hazardous Waste Site (SHWS) 5) A.) Public Involvement (2 Meetings) A/E will provide public involvement services for scope stated in Exhibit "A" 1.13.5. B.) Public Involvement (Beyond Basic) Although the only requested services in Exhibit "A" 1.6.5 involve a basic approach to public involvement, the purpose of this public involvement plan is to identify and outline the goals, objectives, stakeholders, key messages and tactics that may be employed to fulfill a more rounded approach to the pre- requisite scope identified in the Leopard Street Project (E12103) Exhibit "A" 1.6.5 by the City of Corpus Christi. Primary goal of the public meetings is to provide a platform for community engagement and information sharing during planning and construction phases of the project. Goal objectives are to inform and increase awareness early in the process and throughout the project and engage community stakeholders in useful dialogue on the planning process and construction issues as they are identified. Primary stakeholder estimates are 25 businesses, a nonprofit organization, 6 residential dwellings and commuters traveling to /from downtown, the Crosstown Expressway and the northwest part of town. Messaging will shift as the project phases progress. Initial messaging will focus on awareness of the project in the area, continuing into the design process and throughout construction completion. Public meetings should be tentatively scheduled for May 2013 and March 2014 in alignment with the project schedule. The City of Corpus Christi will provide the following services: a) Coordinate with A/E on public meeting logistics including location, date, and time. b) Compile residential and business address list and provide A/E with a copy to identify project target audience. c) Print and coordinate direct mail services for public meeting notices to identified stakeholders and residents prior to each public meeting. d) It is imperative that a media advisory be prepared to inform the surrounding areas of the public meeting since direct mail is only being distributed to the immediate project area. Commuters need to be aware of the project and allowed to engage in the process. The City will prepare and distribute a public meeting media advisory to local print, TV and radio media outlets prior to each public =EXHIBIT "Aof9 meeting. Follow -up with media on day of public meeting is recommended if coverage is desired. A/E will provide the following services: e) Draft public meeting notices as directed by City Engineering Dept. f) Identify and compile a list of project area schools, retail and business locations (in addition to the City- provided list, only if needed) to assist in promotion of the public meeting by displaying posters or distributing flyers. The public meeting must be promoted in the "places people go" on a day -to -day basis in their neighborhoods. Once these entities are initially identified, the only task for subsequent public meetings is delivering new promotional materials. g) Create and distribute posters and flyers to identified locations. h) Electronic communication via email is the most cost- effective method for promoting the public meetings. Continually building an email contact list and communicating with stakeholders electronically will save the City money over the course of the proiect. No additional time or resources will be spent to further identify email addresses that are not readily available or provided in advance. Once the City provides the residential and business address list, A/E will build an initial email list (matched from an in -house contacts database) that can be used to promote the public meetings electronically. i) Electronic notices will be distributed via email to the email contact list prior to each public meeting. j) Coordinate with City of Corpus Christi Engineering Dept. to promote the public meeting on the current Facebook page. k) Develop citizen comment card that can be completed and turned in at the public meeting or returned by mail. 1) Prepare one PowerPoint presentation per public meeting with a maximum of fifteen slides. m) Design and print maximum of five handouts or brochures or a combination thereof per public meeting. n) Coordinate, set -up and staff the public meeting. This includes, but is not limited to communication with personnel on location (provided by the City) regarding when to arrive, meeting set -up floor plan, ordering refreshments, work check -in table to encourage attendees to share their contact information for future electronic communications, etc. o) Public meeting follow -up tasks including, but not limited to draft and prepare meeting notes and update contact list. p) Coordinate with City of Corpus Christi Engineering Dept. for a post - meeting update on the current Facebook page. q) Follow -up and respond to citizen and business comments as needed. C.) Public Involvement (Additional Tactics) (In addition to services in 5.6.) Although the only requested services in Exhibit "A" 1.6.5 are the public meetings, we strongly recommend some additional services to provide a more comprehensive EEXHIBIT "A -'I" a e6of9 context for the street improvement project, build on the momentum of the voter - approved bond and ensure a positive perception of the project by the public at- large. Secondary stakeholders are identified as City Council, City senior staff and stakeholder organizations such as the school district, area chambers and transportation entities. Below are some additional tactics that can be added to the initial scope should the project require such services. r) Advance Communications - in advance of project commencement, send a project announcement direct mail piece to an extended area (Central Corpus Christi) beyond the project area with a call to action to go to a static one -page website with general project information and a submission form to opt -in to the mailing list or e- newsletter distribution list. s) Traditional Media Outreach - considering the high volume of commuters traveling the Leopard corridor, it is imperative to keep the community updated on project progress, closures and detours. Weekly news releases and /or media advisories will be the main source of information for majority of the community. t) Caller Times Ad promoting each public meeting. u) E- Newsletter - an electronic newsletter will be designed and utilized for the project but it is recommended that a quarterly update be sent to stakeholders in addition to e- newsletters focused on meeting announcement and follow -up. The newsletter will be distributed via email to the project area contact list and additional stakeholders in the community. v) Social Media Integration - link on micro -site to City Engineering Dept. Facebook page and develop content based on project milestones, announcements and updates. w) Project Web Site - a combined City of Corpus Christi Bond 2012 Street Improvement website is recommended. If that is not feasible, we suggest a smaller micro -site for each project requiring public involvement. Working with the City Engineering Department and MIS staff, the site(s) will have integrated features some of which may be retained by the City for use after project completion. The micro -site will be divided into the following components: i) Project home (1) Landing page which has overall explanation of the project and headlines /links to the most current information ii) Project Map & Schedule (1) Maps - construction and potential detour routes (2) Schedule - construction timeline & phases iii) Construction Updates (1) As needed throughout the completion of the project. iv) Public Involvement (1) Meetings and presentations (2) List of potentially affected neighborhoods and businesses v) Newsroom (1) Links to current and past news releases and media advisories EXHIBIT "A -1" Page 7 of 9 (2) Links to recent media coverage regarding the project vi) Stay informed (1) Register for electronic newsletter (2) Contact information for City Engineering Dept 6) A.) Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Hydro Excavation — The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in five (5) specified areas through the project limit. (Quality Level A involves the use of hydro equipment at critical points designated by A/E to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. The initial fee for hydro excavation is limited to 9 days and includes the cost for concrete /pavement cores before excavation and traffic control. The City will provide a designated disposal site for the hydro tailings (slurry from the excavated holes). ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. v) Water —Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level A by A/E. The City of Corpus Christi Gas Department will provide Quality Level C. A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. EXHIBIT "A -1" Page 8 of 9 B.) Televised Inspection of Wastewater and Stormwater Lines- For wastewater trunk line within the project limits, clean and televise lines. Review video tapes of the line to ascertain their condition. Based on this assessment, provide recommendations for repair, rehabilitation, or replacement. Televised inspection services are not included for lateral wastewater lines providing service to the abutting residential neighborhoods or commercial properties. Based on the assessment of the trunk line along Leopard, A/E will provide recommendations for additional televised inspection of these lateral wastewater lines. 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The A/E can provide a scope and fee for construction observation services if requested by the City. 8) Start-up Services — NIA 9) Warranty Phase — N/A EXHIBIT "A -1" Page 9 of 9 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. CE I MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pagel of 3 C:l UsersljennifenlAppData U.ocaRMiaosoRlWmdowslTemporM Intemet FileslCordeM.Ou#ooMG4NDOWJH1A EXHIBIT B INDEMNIFICATION - OCT 2010.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 C: WseraVenniferr% ppDataU .o=RMiaosoft\Windows\Ternporary Intemet Fi leslContent.Outlook%G4NOQWJH%4 EXHIBIT B INDEMNIFICATION - OCT 2010.doac H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 C: Wsersyennf tnWppDataLLoealtMivosolt %Wmdom%Temporary Internet Fi1estContent.0uUook1G4N00WJH%4 EXHIBIT B INDEMNIFICATION - OCT 2010.daac a 0 g� O mc� 0 m � C L d o o � c m N m O 0 O O N 0 C L c o d— appga�� 0 O - W 0 0 00000 PP N .. oa 0 W � DOpO W N NHmLO dZZ v W Z � ^ > 'D v- AL CL A S C V Z oc�000000 .0 000pppo � 00 c O V m N m O O O N ��aR�a��� N C o c o appga�� 0 0 0 0 0 0 00000 oa 0 Din W NHmLO 0a v- S 6 oc�000000 000pppo � 00 0 0 O O 00 C OO O OF_ 1 O 00 A U) N O oil cacao 'Oa U, N N g 000 y ed 40 40 N W O N O O g O O O &i g N 00 O O OO ,a N O O O N N N O O O n P? F- P n d O- �-- to % °00000 O BID O O O O O O 6% N m N N io N cn U. H a m a c-0i m a m� � CL Z o m c a c 0 $ L m w .c �. Q E rn a �, o a a, ¢ ,o E v a000000) 31 no. a0tCOw Al E is clQ9 EXHIBIT "C" Pa 9 7 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY7MTT— PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not appricable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership B 3. Sole Owner E] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi havin� an "ownership interest" constituting 3% or more of the ownership in the above named "firm: Name Job Title and City Department (if known) N.A. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant N.A. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [ thics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Carl E. Crull, P.E. Title: Vice-President (Type or Print) lip Signature of Certifying Date: Person: — ///Z- a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. Z:� c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "'Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership hiterest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to voting holdings or control established through trusts, C� Z:1 proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 0 O V V 4� �O P� q-R N" o u { y � X U u F07 cv U w � a� U Yd O V V 4� �O P� q-R N" o u { y � X U u F07 cv Q) V U 4) �O P� a--+ m 0 N i ca O -0O N � 22 'u C: cn C: ' — :3 C: m 00 p U *.7j U E Q) v O V u O P11% U 0o a� L O E U U N W ateJ V U .Q) O O +� i C: Q, E V X 3 { co w � a� o= U to Q) V U 4) �O P� a--+ m 0 N i ca O -0O N � 22 'u C: cn C: ' — :3 C: m 00 p U *.7j U E Q) v O V u O P11% U 0o a� L O E U U N W ateJ V U .Q) O O +� i C: Q, E V X 3 { co O U V 4� �O P� O O O O O O O U w w O C O a� O 0 U Yd O U V 4� �O P� q-R V f Vl X u 3 F07 Kii O O O O O O O w O O O O O 0 0 0 0 0 0 0 M O O O O O 0 0 6 0 0 6 0 M w 6 O O 6 � 0 0 0 0 0 0 0 w M 0 0 0 0 0 0 C 0 0 0 0 M w M O w w O 00 w Lf) Lf) O (6 M M N a N N O w M N M � M � N r M o Gi M s m W mo o J m J Q Qo cn Z N c' m° a U L a _ v L y a v 0 c� a a _ U J H 0 � � W cn z � Q L c O c 0 0 p Zvi y 0 a�i c c 0 c 0 c 0 cn t o cV c E L .� J D U z a m q-R V f Vl X u 3 F07 Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 ss Action Item for the City Council Meeting of January 29, 2013 DATE: December 27, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services JFK Causeway Area Improvements Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $162,520.00, for the JFK Causeway Area Improvements, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Urban Engineering, for JFK Causeway Area Improvements. BACKGROUND AND FINDINGS: The scope of this project includes access road improvements on the west and east side of the JFK Memorial Causeway in accordance with the proposed plan for Infrastructure Improvements to the Village. Coordination with the Texas General Land Office and TxDot will be required. Urban Engineering, of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with Urban Engineering, as proposed. 2. Do not execute the Contract for Professional Services with Urban Engineering, as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. K: \ENGINEERING DATAEXC HANG E \LYNDA \LEGISTAR\FY 13 \1 -JAN 22 \10 - JFK \MEMO - JFK.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the and City Policy. Urban Engineering was selected based upon qualifications, applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department Professional Procurement Act wide working knowledge of FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $242,000.00 $1,038,000.00 $1,280,000.00 Encumbered /Expended Amount This item 154,138.00 8,382.00 $162,520.00 Future Anticipated 87,862.00 $1,028,938.00 $1,116,800.00 Expenditures This Project BALANCE $0.00 $680.00 $680.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments This Contract for Professional Services will result in the expenditure of an amount not to exceed $162,520. This amount will be funded over two years, with FY 13 funding in the amount of $154,138, and FY 14 funding will be required in the amount of $8,382 to complete this contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING DATAEXC HANG E \LYNDA \LEGISTAR\FY 13 \1 -JAN 22 \10 - JFK \MEMO - JFK.DOCX PROJECT BUDGET ESTIMATE JFK Causeway Area Improvements E12107 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 Water CIP Wastewater CIP Storm Water CIP Gas CIP MIS CIP Total Utilities and MIS PROJECT TOTAL $ 650,000.00 $ 560,000.00 70,000.00 630,000.00 $ 1,280,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... $ 872,727.27 Contingency ( 10%) ................................................................ ............................... $ 87,272.73 Consultant Fees: Consultant (Urban Engineering) ............................................... ............................... $ 162,520.00 Geotechnical Study and Testing (TBD) $ 25,600.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 16,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 102,400.00 Finance............................................................................... ............................... $ 6,400.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 6,400.00 TOTAL................................................................................ ............................... $ 1,279,320.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 680.00 CITY COUNCIL EXHIBIT JFK CAUSEWAYAREA IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS BOND ISSUE 2012 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 — — CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Urban Engineering. , a Texas corporation, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT JFK Causeway Area Improvements ( Proiect No. E12107) BOND ISSUE 2012 — The scope of this project includes access road improvements on the west and east side of the JFK Memorial Causeway in accordance with the proposed plan for Infrastructure Improvements to the Village. Coordination with the Texas General Land Office and TxDOT will be required. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase Contract for Engineering (A/E) Services Page 1 of 3 K%ENGINEERING DATAEXCHANGEWNGIEMISTREEnE12107 JFK CAUSEWAY AREA IMP BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $162,520.00, (One Hundred Sixty Two Thousand Five Hundred Twenty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 KIENGINEERING DATAEXCHANGEVINGIEMISTREE nE12107 JFK CAUSEWAY AREA IMP BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112,44, complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager Daniel Biles, P. E., bate Director of Engineering Services Office of Management Datt and Budget WIBM URBAN ENGINEERING ENTERED Contract for Engineering (VE)Services Page om/o mrkEmowseewocArAexoHANosW4w/ewwsrnssnc`c,urJpuCAUosxwn*msurwp BOND ISSUE uo,2%, CONTRACT PROFESSIONAL senv,cssooc EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS JFK CAUSEWAY AREA IMPROVEMENTS PROJECT NO. E12107 BOND ISSUE 2012 I. SCOPE OF SERVICES A. BASIC SERVICES Basic services will include the following in addition to those items clarified in Exhibit "A -1 ". 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting Fneetings minutes to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop Verify preliminary dents recommendations for utility Felesatiens replacements or upgrades pursuant to infrastructure analysis provided by City. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. sewed. j) k) to the StOFFR seweF desigR of existing and GenduGt the hydFaulir. analyses quantify PFGpesed systems. inrlude the analysis of inlet sapasity. Identify electric and communication utility companies and private pipeline companies that may have existing facilities. 0MPFeveMe#s: m) Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as , affe FBISD, ets4 community groups, T-IDL= ,, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 2510 -15 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and GGFAPUt8F models or other applicable supporting documents EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K%ENmaormQ DatoExtl,enge"GIEWSTREEnE 12107 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHIBIT A LARGE AE DRAFT 12 -12 -12 don required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as , FBISD, community groups, TDI=F4, etc. 5. „ and e#eGts 6. Provide anticipated index of drawings. and- spesifratiens. (See Exhibit A -1) P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 K%Engineenng DalaExchaMelANGIEMISTREET1E12107 .[FK CAUSEWAY AREA [MP BOND ISSUE 20121EXH[SIT A LARGE AE DRAFT 12- 12- 12.doc a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans as applicable. The TCP will may include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) the final and bed deGuments 0 submiltal PFGV*de one (4) set of pFe planis h) With Wised estimates Of rests. staff f9F FeView aAd appFeval P61FP868S pFebable 0 Held PFGj6Gt 6 fiV8 days of !he meeting. Assimilate all FevieW meetings te attendees with A WGFk*ng i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction EXHIBIT "A'1 Page 3 of 9 Revised November 13, 2012 K%EngvieerAg DawExchang9%NGIEM%STREETkE12i07 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHIBIT A LARGE AE DRAFT 12- 12- 12.doc by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 KT- roneenng DaUExchango"G1EM%STREET%E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EMIBrr A LARGE AE DRAFT 12 -12 -12 doe a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractors price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. WniGn PaGifiG RailFead, the -aFea b. TxDOT utility and eRYOFISIRFRental permits, —. multiple use agFeements C. Wetlands Delineation and Permit d. e. NPDES Permit/Amendments (including SSC, NOI NOT) EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K%Enpmeenng OawExc hanW1ANGIEMISTREET%E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHISIT A LARGE AE DRAFT 12- 12.12 Ex f. g. Nueees -Comity h. i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) I. Texas DepaFtment of UGensil;g and Regulatien (T- m. Texas General Land Office (TGLO) 2. Riaht -of -Way (ROW) Acguisition Survey. Not applicable. Will coordinate with Texas GLO Asset Management Division. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. menuments—,and iFen pone within the -existiAq ROW and analyze to estabi existing appaFent ROW. NE must ebtain PFeliminaFy Title Repeft, ffeMa RepeFt shall identify title ewneFship and any title eneumbffisGes to all Aght of way to be asguiFed andpFgpesed ROW. Th s pFellminaFy base Fnap4nust show lot eF PFOpeFty "Res, land ewReFship and ad eF appraisal distFirAFeGGF 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor$' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width�er�g {fejeet I project construction corridor. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. EXHIBIT 'W' Page 6 of 9 Revised November 13, 2012 K1Engineering DataExchangeUINGIEMISTRES nE121D7 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHIBIT A LARGE AE DRAFT 12- 12 -12.dce i) Locate improvements. ROW. k) Generate electronic planimetric base map for use in project design. 1) "not te n and f9F infei:mafien only. All existing easements within the paFGels to be aGqwiFed and these within a0jaGent pa 1 Ault b m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investisiation ITo be Determined) a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydra - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The surrey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K%Enpineenn0 DntnExdwop1ANGIEM%STREE11E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 2012%EXHIBIT A LARGE AE DRAFT 12 -12 -12 dx accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity February 1, 2103 NTP May 10, 2013 Draft ELR submittal May 24, 2013 City Review June 14, 2013 Final ELR submittal September 20, 2013 60% Design Submittal October 4, 2013 City Review December 6, 2013 100% Final Submittal January 6 & 13, 2014 * Advertise for Bids January 15, 2014 Pre -Bid Conference January 22, 2014 Receive Bids March 25, 2014 * Contract Award April 7, 2014 Begin Construction December 12, 2014 * Complete Construction * Based upon City of Corpus Christi Bond 2012 Project Schedule III. FEES EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K.T ginconN DataExduuvo WGIEMISTREET1E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 2012XEXHIBIT A LARGE AE DRAFT 12.12- 12,doc A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $24,500.00 2. Design Phase $50,955.00 3. Bid Phase $2,835.00 4. Construction Administration Phase $13,230.00 Subtotal Basic Services Fees $91,520.00 Additional Services Fees 1. Permit Preparation a. TxDOT $2,500.00 b. TGLO $4,000.00 c. Wetland Delineation & USACE Permit $36,500.000 2. ROW Acquisition Survey $0.00 3. Topographic Survey $18,500.00 4. Environmental Issues $3,300.00 5. Public Involvement $3,800.00 6. Subsurface Utility Investigation To Be Determined 7. Construction Observation Services To Be Determined 8. Start-up Services $900.00 9. Warranty Phase $1,500.00 Sub -Total Additional Services Fees $71,000.00 Total Authorized Fee $162,520.00 EXHIBIT 'W Page 9 of 9 Revised November 13, 2012 K kEng neering Dat nExchangelANGIEMISTREET%E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHIBIT A LARGE AE DRAFT 12- 12.12.cm EXHIBIT A -1 TASK LIST JFK CAUSEWAY AREA IMPROVEMENTS PROJECT NO. E12107 BOND ISSUE 2012 A. BASIC SERVICES 1. Preliminary Phase A. Scope of Geotechnical Testing Requirements to City's Geotechnical Consultant. B. Staff Meetings - Attend and participate in project kick off meeting, and planning meetings with City staff to discuss planning and conceptual design. Gather Information and perform close coordination with Department staff. C. Engineering Letter Report C1. Identify Operating Department (Water, Wastewater, Storm Water, and Gas Department) having improvements to be upgraded. C2. Review & Investigation of Available Records C3. Identify Results of Site Field Investigation Recommend necessary survey work to evaluate existing conditions. The recommendation will Include the location of public and private utilities, structures, and critical elevations to establish roadway and additional parking with a retaining wall. C4. Provide Presentation of Pertinent Factors C5. Advise of environmental site evaluations and Archeology Reports C6. Identify and Analyze Requirements of Governmental Authorities C7. Hold review meeting with City Staff to receive and review comments on Engineering Letter Report. C8. Assist City in presenting findings of Engineering Letter Report to City appointed Capital Project Oversight Committee responsible for this project. 2. Design Phase A. Refine, Verify, and Implement Engineering Letter Report Recommendations. B. Prepare Interim Plans and Contract Documents (1 Set) (60 %) Develop a preliminary construction schedule and sequencing plan that Includes all the items as shown on this Task List. This schedule will include EXHIBIT A -1 Page 1 of 4 K%Engineering OataEx&aMeVWG1EMISTREET%E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHIBIT A -1 DRAFT 12.12 -12 of revisions.doc procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules within available project funding. C. Preliminary Plan Sheets 1 Title Sheet and Index 2 General Notes 3 Legend, Details, Symbols and Testing Schedule 4 Estimated Quantities 5 Site Map 6 Pavement Sections 7 -11 Baseline & Topography Roadway, Water & Sewer Force Main 12 Demolition Plan 13 Water Base Map 14 Sanitary Sewer Base Plan 15 -19 Water Line Plans 20 Sanitary Force Main Plan 21 Pump Station Plan and Details 22 -25 City Standard Water Details 26 Drainage Map 27 -29 Roadway and Pavement Plan 30 Storm Water 31 Pavement and Bulkhead Details 32 Standard Storm Details 33 -35 Pollution Prevention Plan and Details 36 -38 Striping Plan and Details 39-42 Traffic Control 43 Barricades and Construction Standards 44 Sign Standards 45 Barricades and Construction Standards, Plastic Drums D. Provide Assistance Identification, Testing, Handling, and Disposal of Hazardous Materials E. Prepare Final Quantities and Estimates of Probable Costs F. Provide Final Plans and Bid Documents (100 %) G. Assimilate All Review Comments, Modifications, Additions /Deletions and Proceed to Bid Phase, Upon Notice to Proceed from the City Engineer H. Quality Assurance /Quality Control I. Prepare Traffic Control Plan per TxDOT standards for area under Causeway Bridge and with City and Stakeholder input in lease parcel areas in accordance with Texas M.U.T.C.D. J. Upon Approval, Provide One (1) Set Final Plans and Contract EXHIBIT A -1 Page 2 of 4 K%Engineenng DalaExehenge"GIEM%STREE nE12107 JFK CAUSEWAY AREA IMP BOND ISSUE 2012%EXHISIT A -1 DRAFT 12 -12 -12 of revisions.doc Documents and Provide One (1) Electronic Copy K. Submit Monthly Status Reports L. Provide Storm Water Pollution Prevention Plan 3. Bid Phase A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Attend Bid Opening E. Revisions to Bid Documents F. Provide Letter to City Engineer on giving A/E's Recommendation to whom to Award the Project to 4. Construction Phase A. Participate in Pre - Construction Meeting B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Regular Visits to Site of Project (two per month minimum) F. Prepare Change Orders as authorized by City G. Make Final Inspection with City staff H. Review and Assure Compliance with Plans and Specifications I. Review Construction "Red- Line" Drawings, Prepare Record Drawings J. Review and Prepare Monthly Construction Pay Estimates B. ADDITIONAL SERVICES 1.1 Permitting A. TxDOT Permits /Coordination: Coordinate design construction and obtain Utility Permits for water line extensions under the Intracoastal Causeway Bridge and Texas Department of Transportation (TxDOT) maintained roadways. Work on Multi Use Agreement is not anticipated. B. NPDES Permit: EXHIBIT A -1 Page 3 of 4 K%Ertgmoanng DataExchargleMGIEAASTREErE12107 JFK CAUSEWAY AREA IMP BOND ISSUE 2012kMIBIT A -1 DRAFT 12.12.12 n1 rensions.Cx Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities and providing all documentation. C. Texas Department of Licensing & Regulations: If required, A/E will coordinate with a local Registered Accessibility Specialist for any ramps or accessible routes required. Not anticipated - no sidewalks included in the budget and not anticipated in this project. D. U.S. Army Corp of Engineers ( USACE): Wetland delineation within work boundaries and will seek a Nationwide Permit for construction. An Individual permit will require additional services. E. U.S. Fish and Wildlife Service (USFWS): Provide coordination thru USACE Permitting. 1.2 Right of Way Acquisition Survey — Not anticipated, will coordinate with Texas Asset Management Division. 1.3 Topographic Survey A. Provide limited design surveys with sufficient detail to facilitate design of improvements and preparation of construction documents B. Provide limited construction verification surveys. 1.4 Environmental Issues 1.5 Public involvement 1.6 Subsurface Utility Investigation — Not Anticipated 1.7 Construction Observation Services — To be Determined 1.8 Start -up Services - Grinder Pump Station 1.9 Warranty Phase EXHIBIT A -1 Page 4 of 4 K%Engineering DataExdmrtgo WNGIEMISTREET%E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 20121EXHIBIT A -1 DRAFT 12 -12 -12 of rovisions.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE I MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "n3" Page 1 of K%Engineesing DataExchango %ANGIEMISTREET%E121D7 JFK CAUSEWAY AREA IMP BOND ISSUE 2012W EXHIBIT 6 INDEMNIFICATION -OCT 2010.doex C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 K1Enginemng DaWExchange%ANGIEWTREETIE12107 JFK CAUSEWAY AREA IMP BOND ISSUE 2012W EXHIBITS INDEMNIFICATION -OCT 2010.doax H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3of3 mEngirceenng DaIaExcharV%ANGIEWSTREET%E12107 JFK CAUSEWAY AREA IMP BOND ISSUE 2017A EXHIBIT B INDEMNIFICATION -OCT 2010 Qxx r a H ~ C CL m * 0 V Nam d C C c a CL L V V O O � C C L C O C C W a H ~ C 0000 W.ZZ N * 0 Z v v 0 �o> Z C c a CL L O` N p0 p 0 U Z 00 Ic E 0 a i c C O� QO `Q * O O` O * O O` N * 0 * 0 Cis 0 9t 0 * 0 %oe M O` N p0 p 0 0$ 00 0 0 0 0 O p S O 0 O w L[1 w m ul 0 0 O a .� N o a u. H ca c 11 a S c v co m 0 0 0 Opp 0 0 0 O O O 0 g 0 00 O O 1ti l0 ` Q C 8 E U U •� :�. O p � aisi50c' V u? u? a�i U 3 3 voco¢12 v O 10- 1.- d w to a Q 0 0 0 0 0 0 0 0 0 0 c o o o 1- co F- co 0 e- r °oo0cmo �°n~v� O O !` IA q pNNOOO� O m ti N ! O� !� In gN O N to r r fA m N to 0 0 0 Q N O O O O N g N N to O V-- r r to e- � fA to fA �25 co $ o8o co N EXHIBIT "C" Pa • 1 of 1 V H aa� a .� N o a u. H ca c 11 a S c v co m o c c o CO O Q �' m co .9 C t CM (L •a .� $ l0 ` Q C :o O E U U •� :�. O �p e0 co � aisi50c' V O Qa�_RLoww a�i U 3 3 voco¢12 v O EXHIBIT "C" Pa • 1 of 1 City of Corpus Christi Ordinance 17112, as amended, require,, all persons or firms seeking to do business with the Ciq,, to l3rovide the following inforniation. Every question Must be answered. If the question is not applicable, ansvver with "NA". See reverse side for Filing Requirements, Z71 Certifications and definitions. COMPANY NAME: Urban Engineering STIZEET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation 2. Partnership a. Sole Owner 4. Association 5. Other DISCLOSUIZE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of ownership in the above named `'firm." Name . I /V Department (if known) Job Title and City State the names of each "official" of the City of" Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "Firm." om MM .3. State the names of each "board member- of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." ow Corrullittee Board, Commission or 4. State tile narnes of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and 'has an "ownership interest" constituting; '33% or more of the ownership in the above named "firm." Nance Consultant Em FILING REQUIREMENTS If a person who requests o f cial action on a matter knows that the r quested act ion %vill confer an economic benefit on any, City official or employee that is distinguishable from the effect that the action will have on members of'the Iatablic in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, awnless tlae interest of the City ofticial or employee in the matter is as parent. The disclosure shall also be made in a signed writing filed with the City Secretary. [jthics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is trite and correct as of the date of this statement, that I have not knowingly Nvithheld disclosure of any, information requested; and than supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Persion t! Title: � (Type or Print) Signature of Certifying Date: Peerson. DEFINITIONS S a. "Board member." A member of any board, commission, or comattittee appointed by tile City Council of the City of Corpus Christi, Texas. b. '`Economic benefit ". An action that is likely to affect an econotnic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in ,general or a substantial segment thereof. c. "Employee. Any person employed by the City of Corpus Christi, Texas either on a lull or part- time~ basis, but not as an independent contractor. d. "Firm. " Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or dead with a product or service, including but not limited to, entities operated in the form of sole: proprietorship, as self - employed person, partnership, corporation, joint stuck company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Fleads, and Municipal Court Judges of the City of Corpus Christi, Texas. f, "Ownership Interest." l e,I or equitable interest, whether actually or constructively held, in a firm, including; when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. * Consultaa at." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. N i a� a� 0 Q N O N N m N LL O =NMI Co 0 4 O V V 4� �O P� s Y1� N V 4--� V O P1 a--+ m 0 N i ca � C: O ca N N C: N 2 U co 0 22 'u C: N C:- =3 C: m 00 p U +P U E Q) v O V (2) C: O R U N N � O E U U N W ateJ V U .Q) O O +� i C: Y1� co Mob O U V 4) �O P� s Y1� ep � Kii 0 0 0 0 0 0 0 I- M O O O O O 0 0 0 0 0 0 0 N I� O O O O O 6 6 6 6 6 6 6 I� N O O O O O O O O O N I� N O O N 00 O O O O N LA w N M w O O O O N I� N LA ri m ^ N lG LLn N 0000 rw -I rrl N V). ri N N ri 'i Ol Ol .pp to � W fC � 6i m Lf Z � of d v +�+ d L W 3 vf d V � i Cf a V L7 s V N J H W Cf W Ln D Z � O ' ++ a V °0 v �" i a V li *' i __ r V *' i r V N `_' 'i u O 0 E w Vf ,E OTC J H ui V Z m s Y1� ep � Kii asc o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of January 22, 2013 Action Item for the City Council Meeting of January 29, 2013 DATE: January 11, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Necessity For and Ordering Improvements Approving Plans and Specifications for Improvements Paving Assessments Project Vaky Street from Swantner Drive to Reid Drive Ivy Lane from Gollihar Road to Horne Road Clare Drive from SPID to McArdle Road Bond Issue 2008 CAPTION: Resolution determining the necessity for and ordering improvements to Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road (the "Improvements "); specifying payment of the improvements partly by the City and partly by assessments; directing the filing of a Notice of Proposed Assessments with the Nueces County Clerk; approving plans and specifications for the improvements; approving the construction cost estimate; setting a public hearing on these proposed assessments for the February 267 2013 City Council Meeting: directing publication of notice of the hearing; and ordering notice of the hearing be provided to property owners. PURPOSE: Part of the paving assessment procedure is for Council to pass a resolution to determine the necessity for and order the Improvements. BACKGROUND AND FINDINGS: The scope of the Base Bid includes the rehabilitation of three existing streets totaling approximately 3,270 linear feet of flexible (asphalt) pavement for new two -lane residential (28' B -B) streets, 4' concrete sidewalks, 2,265 linear feet of storm water conduit improvements, replacement of 56 water services and 57 sanitary sewer services, 4 fire hydrants, Additive Alternates for 4 new sanitary sewer manholes; rehabilitation of 4 existing sanitary sewer manholes, 1,385 linear feet of cured -in -place pipe sanitary sewer rehabilitation, and 1,225 linear feet of 8 -inch sanitary sewer new construction together with all appurtenances. PROJECT SCHEDULE: January 22, 2013: Future Item Resolution determining the necessity for and ordering improvements for projects and calling for Public Hearing January 29, 2013: Action Item Resolution determining the necessity for and ordering improvements for projects and calling for Public Hearing February 04, 2013: Posted Public Hearing Notice No. 1 February 11, 2013: Posted Public Hearing Notice No. 2 February 18, 2013: Posted Public Hearing Notice No. 3 February 26, 2013: Public Hearing and First Reading Ordinance imposing assessments, amending Capital Improvement Program Budget, and award of construction contract March 19, 2013 April 17, 2013: October 2013 November 12, 2013 November 19, 2013 ALTERNATIVES: Second Reading Ordinance imposing assessments, amending Capital Improvement Program Budget and award of construction contract Pre - Construction Meeting, Issue Notice to Proceed Construction Complete First Reading Ordinance imposing final assessments Second Reading Ordinance imposing final assessment 1. Approve the Resolution as proposed. 2. Do not approve the Resolution as proposed. OTHER CONSIDERATIONS: This project is part of the Bond Issue 2008 Proposition No. 1 Street Projects approved by the voters in the general election held on November 4, 2008 and the last street project in that proposition to be awarded for construction. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter, the Code of Ordinances for Street Assessment Projects, and the Capital Improvement Program financing requirements. EMERGENCY/ NON - EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 262,200.00 2,167,800.00 2,430,000.00 Future Budget Request 840,412.50 840,412.50 Total Project Budget 3,008,212.50 3,270,412.50 Encumbered /Expended 262,200.00 262,200.00 Amount This item 2,381,270.55 2,381,270.55 Future Anticipated 526,164.99 526,164.99 Expenditures This Project BALANCE 1 0.001 100,776.96 100,776.96 Fund(s): Street Bond Issue 2008 and Utilities CIP Comments: This item complies with the street assessment project notification requirements under the Code of Ordinances. When this item comes to City Council for the award of the Construction Contract, staff will present an amendment to the Capital Improvement Program Budget for additional utility work that will be required to facilitate construction in an acceptable manner. RECOMMENDATION: To approve the Resolution as proposed. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Preliminary Assessment Roll Preliminary Project Budget Notice of Proposed Assessments PRELIMINARY PROJECT BUDGET PAVING ASSESSMENTS - BOND 2008 Project Nos. 6503, 6504, 6505 January 22, 2013 FUNDS AVAILABLE: Streets CIP (Bond 2008) $ 2,230,000.00 Wastewater 200,000.00 Future Capital Improvement Budget Amendment 840,412.50 * TOTAL $3,270,412.50 FUNDS REQUIRED: Construction (Bay LTD) $ 2,381,270.55 Contingencies 238,127.06 Consultant Fees: Consultant (Coym, Rehmet & Gutierrez Engineering, L.P.) 236,127.00 Rock Engineering (Geo -Tech) 9,300.00 Materials Testing (Estimate) 59,530.00 Reimbursements Contract Administration (Contract Preparation /Award /Admin) 89,936.34 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) 114,464.44 Finance Reimbursement 32,704.13 Misc. (Printing, Advertising, etc.) 8,176.03 TOTAL $3,169,635.54 ESTIMATED PROJECT BUDGET BALANCE $100,776.96 * Staff will bring a Budget Amendment to Council for approval when the construction contract is presented on March 19, 2013. RESOLUTION RESOLUTION DETERMINING THE NECESSITY FOR AND ORDERING IMPROVEMENTS TO VAKY STREET FROM SWANTNER DRIVE TO REID DRIVE, IVY LANE FROM GOLLIHAR ROAD TO HORNE ROAD, AND CLARE DRIVE FROM SOUTH PADRE ISLAND DRIVE TO MCARDLE ROAD (THE "IMPROVEMENTS "); SPECIFYING PAYMENT OF THE IMPROVEMENTS PARTLY BY THE CITY AND PARTLY BY ASSESSMENTS; DIRECTING THE FILING OF A NOTICE OF PROPOSED ASSESSMENTS WITH THE NUECES COUNTY CLERK; APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS; APPROVING THE CONSTRUCTION COST ESTIMATE; SETTING A PUBLIC HEARING ON THESE PROPOSED ASSESSMENTS FOR THE FEBRUARY 26, 2013 CITY COUNCIL MEETING: DIRECTING PUBLICATION OF NOTICE OF THE HEARING; AND ORDERING NOTICE OF THE HEARING BE PROVIDED TO PROPERTY OWNERS. The City's Department of Engineering Services has prepared detailed project plans and specifications. The City then received bids to construct the project accordingly. After evaluating the apparent lowest responsible bid to construct the Project, the Director of Engineering Services prepared a Project Construction Cost Estimate. This estimate specifies anticipated total Project construction cost and the City portion of this cost, the preliminary total of assessments, and various assessment rates. The estimate also includes a bid tabulation and a preliminary assessment roll listing proposed assessments against each abutting or affected property. NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Under Corpus Christi City Charter Article X, Section 1(a)(12) and Texas Transportation Code Chapter 313, the City Council determines that it is necessary to improve and orders the improvement of Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road. As specified in more detail in Project plans and specifications, the project will include: 1. Filing, grading, lowering, paving, or repairing the streets in a permanent manner; 2. Constructing and realigning curbs, gutters, and sidewalks; 3. Constructing driveways; and 4. Reconstructing, at the City's expense, an upgrade to the existing utilities where required. SECTION 2. The Project consists of three (3) categories or improvements: (1) Street, curb, gutter, and sidewalk improvements to be paid for partly by the City and partly by assessments; (2) driveways to be paid for entirely by assessments; and (3) other improvements, to be paid for by the City because either the assessment statute does not apply to these improvements or the City is not making assessments to pay for them. An assessment against abutting property will create a lien on the property and a personal liability and charge against the property owner. If the property is exempt from a street improvement assessment lien when the improvements are ordered, then no assessment lien will be created. The owner of the exempt property, however, will be personally liable for an assessment in connection with the property. An owner of exempt property may voluntarily execute a Builder's and Mechanic's Lien Contract and Note to place a lien on the property. SECTION 3. To ensure that assessment liens take effect as soon as possible, and to ensure that the liens will apply to the fullest extent even if the assessed property is subdivided or sold, the Director of Engineering Services will file a notice of the proposed assessments with the Clerk of Nueces County, Texas. This notice will describe, or describe by reference, each parcel of property abutting the proposed improvements as listed in the Preliminary Assessment Roll. SECTION 4. The Project plans and specifications are approved. SECTION 5. In accordance with the Texas Transportation Code Section 313.024, the Project construction cost estimate is approved; however, the assessments listed in the preliminary assessment roll cannot be imposed until after a public hearing is conducted in accordance with state law and the City Council's Assessment Process Rules Resolution. SECTION 6. A Public Hearing on proposed assessments of Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road will be held during the City Council's February 26, 2013 meeting. This meeting will begin at 11:30 p.m. in the City Council Chambers, 1202 Leopard, Corpus Christi, Texas SECTION 7. The City Secretary will arrange to publish notice of this Public Hearing in accordance with the Assessment Process Rules Resolution. SECTION 8. The Director of Engineering Services will provide written notice of the public hearing to property owners in accordance with the Assessment Process Rules Resolution. ATTEST: Armando Chapa City Secretary Approved this the day of Veronica Ocanas Sr. Assistant City Attorney CITY OF CORPUS CHRISTI Nelda Martinez Mayor 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott councoexhibits \exhb5U,5 NOT TO SCALE PROJECT #6503, 6504, 6505 CITY COUNCIL EXHIBIT PAVING ASSESSMENTS CITY OF CORPUS CHRISTI, TEXAS BOND 2008 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 PRELIMINARY Clare Drive Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 6358 S.P.I.D. Curb, Gutter & Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Morteza Shafinury & Curb, Gutter & Pavement (Siding) 205.0 LF $19.50 /LF $3,997.50 Mostasa Bighamian 4' Sidewalk (Fronting) 9.5 SF $1.00 /SF $9.50 Lot 11 & 12, Block 4 4' Sidewalk (Siding) 676.0 SF $1.00 /SF $676.00 Woodlawn Estates Driveway A (in ROW) 359.5 SF $5.20 /SF $1,869.40 PO Box 270152-78427 Driveway A (Behind ROW) (CONC-CONC) 360.0 SF $5.20 /SF $1,872.00 Driveway C (in ROW) 267.5 SF $5.20 /SF $1,391.00 Driveway C (Behind ROW) (CONC-CONC) 259.5 SF $5.20 /SF $1,349.40 Total Assessment Cost: F-$11,164.80 6402 S.P.I.D Curb, Gutter & Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Morteza Shafinury Curb, Gutter & Pavement (Siding) 205.0 LF $19.50 /LF $3,997.50 Lot 14, Block 3 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.00 Woodlawn Estates 4' Sidewalk (Siding) 770.5 SF $1.00 /SF $770.50 7614 Starnberg Lake Dr. Driveway B (in ROW) 212.5 SF $5.20 /SF $1,105.00 Corpus Christi, TX 78413 Driveway B (Behind ROW) (ASPH-ASPH) 166.0 SF $25.00 /SY $461.11 Driveway D (in ROW) 144.5 SF $5.20 /SF $751.40 Driveway D (Behind ROW) (ASPH-ASPH) 0.0 SF $25.00 /SY $0.00 Total Assessment Cost: F-$7,085.51 1429 Clare Drive Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Irma Del Bosque Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 C/O Reno Del Bosque 4' Sidewalk (Fronting) 171.0 SF $1.00 /SF $171.00 Lot 10B, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway E (In ROW) 95.0 SF $5.20 /SF $494.00 Driveway E (Behind ROW) (ASPH-ASPH) 43.5 SF $25.00 /SY $120.83 Total Assessment Cost: =$1,273.33 1425 Clare Drive Curb, Gutter & Pavement (Fronting) 75.0 LF $9.75 /LF $731.25 Jesus/Jaqueline Maqueda Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 SW25'of Lot 9 & NE Half 4' Sidewalk (Fronting) 258.5 SF $1.00 /SF $258.50 of Lot 10, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway E (In ROW) 129.0 SF $5.20 /SF $670.80 Driveway E (Behind ROW) (ASPH-ASPH) 62.5 SF $25.00 /SY $173.61 Total Assessment Cost: F-$1,834.16 1426 Clare Drive Curb, Gutter & Pavement (Fronting) 67.0 LF $9.75 /LF $653.25 Mary Beatrice Smith Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 S67' of Lot 15, Block 3 4' Sidewalk (Fronting) 221.0 SF $1.00 /SF $221.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway F (In ROW) 159.5 SF $5.20 /SF $829.40 Driveway F (Behind ROW) (ASPH-GRVL) 59.0 SF $25.00 /SY $163.89 Total Assessment Cost: F-$1,867.54 1424 Clare Drive Curb, Gutter & Pavement (Fronting) 67.0 LF $9.75 /LF $653.25 Cladolmira R. Pizana Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 NE33' of Lot 15 & S34' of 4' Sidewalk (Fronting) 227.5 SF $1.00 /SF $227.50 Lot 16, Block 3 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway G (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway G (Behind ROW) (CONC-CONC) 80.0 SF $5.20 /SF $416.00 Total Assessment Cost: F $2.024.75 1419 Clare Drive Curb, Gutter & Pavement (Fronting) 75.0 LF $9.75 /LF $731.25 Jean Pierre Albrecht Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 9A, Block 4 4' Sidewalk (Fronting) 261.5 SF $1.00 /SF $261.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 1717 Waldron Rd. Driveway H (in ROM 152.5 SF $5.20 /SF $793.00 Corpus Christi, TX 78418 Driveway H (Behind ROW) (ASPH-GRVL) 111.5 SF $25.00 /SY $309.72 Total Assessment Cost: $2,095.47 12/20/2012 1 of 4 PRELIMINARY Clare Drive Paving Assessments 1418 Clare Drive Curb, Gutter & Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Concepcion L. Esparza Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 16A, Block 3 4' Sidewalk (Fronting) 230.0 SF $1.00 /SF $230.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 6334 St. Denis Driveway I (In ROW) 140.0 SF $5.20 /SF $728.00 Corpus Christi, TX 78414 Driveway I (Behind ROW) (CONC -CONC) 80.0 SF $5.20 /SF $416.00 Driveway L (In ROW) Total Assessment Cost: $2.017.50 1409 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Robert E. Gilley Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 8, Block 4 4' Sidewalk (Fronting) 315.5 SF $1.00 /SF $315.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 PO Box 81139-78412 Driveway J (In ROW) 164.0 SF $5.20 /SF $852.80 Driveway J (Behind ROW) (ASPH -GRVL) 97.5 SF $25.00 /SY $270.83 Driveway L (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway L (Behind ROW) (CONC -CONC) 50.0 SF $5.20 /SF $260.00 Total Assessment Cost: $3,402.13 1414 Clare Drive Curb, Gutter & Pavement (Fronting) 67.O LF $9.75 /LF $653.25 Doris E. Jordan Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 S67' of Lot 17, Block 3 4' Sidewalk (Fronting) 208.5 SF $1.00 /SF $208.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 1202 Lake Forest Dr. Driveway K (In ROW) 194.5 SF $5.20 /SF $1,011.40 Marble Falls, TX78654 Driveway K (Behind ROW) (CONC -CONC) 0.0 SF $5.20 /SF $0.00 Total Assessment Cost: $1,873.15 1401 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Bradley Wayne Dirksen Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 NW50' of Lot 7, Block 4 4' Sidewalk (Fronting) 318.5 SF $1.00 /SF $318.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway M (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway M (Behind ROW) (ASPH -ASPH) 30.0 SF $25.00 /SY $83.33 Driveway P (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway P (Behind ROW) (ASPH -GRVL) 40.0 SF $25.00 /SY $111.11 Total Assessment Cost: $2,943.94 1410 Clare Drive Curb, Gutter & Pavement (Fronting) 67.O LF $9.75 /LF $653.25 Lawrence E. Daniel Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 N33' of lot 17 & S34' of 4' Sidewalk (Fronting) 211.5 SF $1.00 /SF $211.50 Lot 18, Block 3 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway N (In ROW) 201.5 SF $5.20 /SF $1,047.80 Driveway N (Behind ROW) (CONC -CONC) 0.0 SF $5.20 /SF $0.00 Total Assessment Cost: $1,912.55 1408 Clare Drive Curb, Gutter & Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Pat Ojeda ET UX Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 18A, Block 3 4' Sidewalk (Fronting) 224.5 SF $1.00 /SF $224.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 7449 Convair Driveway O (In ROW) 140.0 SF $5.20 /SF $728.00 Corpus Christi, TX 78412 Driveway O (Behind ROW) (ASPH -ASPH) 50.0 SF $25.00 /SY $138.89 Total Assessment Cost: $1,734.89 1345 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Catherine Y. Stroud Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 6, Block 4 4' Sidewalk (Fronting) 302.5 SF $1.00 /SF $302.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Q (In ROW) 185.5 SF $5.20 /SF $964.60 Driveway Q (Behind ROW) (CONC -CONC) 113.5 SF $5.20 /SF $590.20 Driveway S (In ROW) 157.5 SF $5.20 /SF $819.00 Driveway S (Behind ROW) (CONC -CONC) 93.0 SF $5.20 /SF $483.60 Total Assessment Cost: $4,134.90 12/20/2012 2 of 4 PRELIMINARY Clare Drive Paving Assessments 1346 Clare Drive Curb, Gutter & Pavement (Fronting) 67.O LF $9.75 /LF $653.25 Travis Martin Williams Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 S67' of Lot 19, Block 3 4' Sidewalk (Fronting) 179.5 SF $1.00 /SF $179.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway R (In ROW) 275.5 SF $5.20 /SF $1,432.60 Driveway R (Behind ROW) (ASPH -GRVL) 178.5 SF $25.00 /SY $495.83 Total Assessment Cost: $2,761.18 1340 Clare Drive Curb, Gutter & Pavement (Fronting) 67.0 LF $9.75 /LF $653.25 Gwynard Wesley Johnson Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 N33' of Lot 19 & S34' of 4' Sidewalk (Fronting) 254.0 SF $1.00 /SF $254.00 Lot 20, Block 3 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway T (In ROW) 142.5 SF $5.20 /SF $741.00 4230 key West Dr. Driveway T (Behind ROW) (CONC -CONC) 81.5 SF $5.20 /SF $423.80 Corpus Christi, TX 78411 Total Assessment Cost: $2,072.05 1337 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Francis & Florence Carrigai Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Nicholson 4' Sidewalk (Fronting) 283.0 SF $1.00 /SF $283.00 Lot 5, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway U (In ROW) 160.5 SF $5.20 /SF $834.60 1806 Brazos Dr. Driveway U (Behind ROW) (CONC -CONC) 95.O SF $5.20 /SF $494.00 Corpus Christi, TX 78412 Driveway W (In ROW) 217.0 SF $5.20 /SF $1,128.40 Driveway W (Behind ROW) (ASPH -GRVL) 136.0 SF $25.00 /SY $377.78 Total Assessment Cost: $4,092.78 1334 Clare Drive Curb, Gutter & Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Leonel Hernandez Jr. Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 N66' of Lot 21, Block 3 4' Sidewalk (Fronting) 332.0 SF $1.00 /SF $332.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway V (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway V (Behind ROW) (ASPH -GRVL) 30.O SF $25.00 /SY $83.33 Total Assessment Cost: $1,786.83 1329 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Linda Thompson Bearden Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4, Block 4 4' Sidewalk (Fronting) 366.0 SF $1.00 /SF $366.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway X (In ROW) 179.0 SF $5.20 /SF $930.80 Driveway X (Behind ROW) (CONC -CONC) 68.0 SF $5.20 /SF $353.60 Total Assessment Cost: $2,625.40 1326 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Lee & Yolanda Montoya Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 ET UX 4' Sidewalk (Fronting) 321.5 SF $1.00 /SF $321.50 Lot 21, Block 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway Y(In ROW) 246.0 SF $5.20 /SF $1,279.20 Driveway Y (Behind ROW) (CONC -CONC) 59.0 SF $5.20 /SF $306.80 Total Assessment Cost: $2,882.50 1321 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Moises George ET UX, Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Dolores Cantu 4' Sidewalk (Fronting) 367.5 SF $1.00 /SF $367.50 Lot 3, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway (In ROW) 140.5 SF $5.20 /SF $730.60 Driveway Z (Behind ROW) (ASPH - GRVL) 80.5 SF $25.00 /SY $223.61 Total Assessment Cost: F $2,296.71 12/20/2012 3 of 4 PRELIMINARY Clare Drive Paving Assessments 1318 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Emilio Reyes ET UX Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 22, Block 3 4' Sidewalk (Fronting) 363.5 SF $1.00 /SF $363.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 5325 Williams Dr. Driveway AA (In ROW) 147.0 SF $5.20 /SF $764.40 Corpus Christi, TX 78411 Driveway AA (Behind ROW) (ASPH -GRVL) 95.5 SF $25.00 /SY $265.28 Total Assessment Cost: $2,368.18 1313 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Ernest Kenneth Lowe Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2, Block 4 4' Sidewalk (Fronting) 301.0 SF $1.00 /SF $301.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AB (In ROW) 156.5 SF $5.20 /SF $813.80 Driveway AB (Behind ROW) (ASPH -GRVL) 92.0 SF $25.00 /SY $255.56 Driveway AC (In ROW) 159.5 SF $5.20 /SF $829.40 Driveway AC (Behind ROW) (ASPH -GRVL) 94.0 SF $25.00 /SY $261.11 Total Assessment Cost: $3,435.87 1310 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Prooth Sibounheuang Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 ET UX 4' Sidewalk (Fronting) 306.0 SF $1.00 /SF $306.00 W100'x129' of Lot 23, 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Block 3 Driveway AD (In ROW) 288.5 SF $5.20 /SF $1,500.20 Woodlawn Estates Driveway AD (Behind ROW) (CONC -CONC) 235.0 SF $5.20 /SF $1,222.00 Total Assessment Cost: $4,003.20 1301 Clare Drive Curb, Gutter & Pavement (Fronting) 92.5 LF $9.75 /LF $901.88 Carolina Avaya Curb, Gutter & Pavement (Siding) 14.0 LF $4.88 /LF $68.32 Lot 1, Block 4 4' Sidewalk (Fronting) 358.0 SF $1.00 /SF $358.00 Woodlawn Estates 4' Sidewalk (Siding) 34.5 SF $0.50 /SF $17.25 Driveway AE (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway AE (Behind ROW) (ASPH -GRVL) 0.0 SF $25.00 /SY $0.00 Total Assessment Cost: $2,073.45 1306 Clare Drive Curb, Gutter & Pavement (Fronting) 92.5 LF $9.75 /LF $901.88 Abelia Snyder Curb, Gutter & Pavement (Siding) 16.O LF $4.88 /LF $78.08 Lot 24A, Block 3 4' Sidewalk (Fronting) 348.5 SF $1.00 /SF $348.50 Woodlawn Estates 4' Sidewalk (Siding) 36.5 SF $0.50 /SF $18.25 Driveway AF (In ROW) 154.5 SF $5.20 /SF $803.40 Driveway AF (Behind ROW) (CONC -CONC) 70.5 SF $5.20 /SF $366.60 Total Assessment Cost: F $2,516.71 12/20/2012 4 of 4 PRELIMINARY Ivy Lane Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 3140 Gollihar Road Curb, Gutter & Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Church's Chicken of CC Curb, Gutter & Pavement (Siding) 91.5 LF $19.50 /LF $1,784.25 Lot 1A & 2, Block c 4' Sidewalk (Fronting) 22.0 SF $1.00 /SF $22.00 Ava Cooper Subd. 4' Sidewalk (Siding) 414.0 SF $1.00 /SF $414.00 Coastal Tax Consultants Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Bandera, TX 78003 -3137 Driveway (Behind ROW) 0.0 SF $5.22 /SF $0.00 Total Assessment Cost: $2,220.25 3140 Ivy Lane Curb, Gutter &Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Church's Chicken of CC Curb, Gutter & Pavement (Siding) 50.0 LF $19.50 /LF $975.00 Lot 12A 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.00 Ava Cooper Subd. 4' Sidewalk (Siding) 200.0 SF $1.00 /SF $200.00 Coastal Tax Consultants Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Bandera, TX 78003 -3137 Driveway (Behind ROW) 0.0 SF $5.22 /SF $0.00 Total Assessment Cost: $1,175.00 3126 Gollihar Road Curb, Gutter & Pavement (Fronting) 0.0 LF $9.75 /LF $0.00 Templo Cristo Rey de Gloria Curb, Gutter & Pavement (Siding) 50.0 LF $4.88 /LF $244.00 Lot 13, Block 2 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.00 Brookside Subd. 4' Sidewalk (Siding) 107.5 SF $0.50 /SF $53.75 PO Box 71706 Driveway A (In ROW) 284.5 SF $5.22 /SF $1,485.09 Driveway A (Behind ROW) (CONC -CONC) 231.0 SF $5.22 /SF $1,205.82 Total Assessment Cost: $29988.66 3126 Gollihar Road Curb, Gutter & Pavement (Fronting) 0.0 LF $9.75 /LF $0.00 Templo Cristo Rey de Gloria Curb, Gutter & Pavement (Siding) 25.0 LF $4.88 /LF $122.00 Lot 1, Ex. SW 10', Block 2 4' Sidewalk (Fronting) 23.5 SF $1.00 /SF $23.50 Brookside Subd. 4' Sidewalk (Siding) 158.5 SF $0.50 /SF $79.25 PO Box 71706 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $5.22 /SF $0.00 Total Assessment Cost: $224.75 4417 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Bobby D. Harris Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 12, Block 2 4' Sidewalk (Fronting) 160.0 SF $1.00 /SF $160.00 Brookside Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway B (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway B (Behind ROW) (CONC -CONC) 30.0 SF $5.22 /SF $156.60 Total Assessment Cost: $1,534.90 4413 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Templo Cristo Rey de Gloria Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 11, Block 2 4' Sidewalk (Fronting) 162.0 SF $1.00 /SF $162.00 Brookside Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 3126 Gollihar Driveway C (In ROW) 162.0 SF $5.22 /SF $845.64 Corpus Christi, TX 78415 Driveway C (Behind ROW) (ASPH -GRVL) 84.0 SF $26.12 /SY $243.79 Total Assessment Cost: $19738.93 4414 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Karla Reyna & Husband Curb, Gutter &Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 11A & Portion of Lot 11 4' Sidewalk (Fronting) 148.0 SF $1.00 /SF $148.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway D (In ROW) 191.0 SF $5.22 /SF $997.02 Driveway D (Behind ROW) (CONC -CONC) 102.5 SF $5.22 /SF $535.05 Total Assessment Cost: $2,167.57 12/20/2012 1 of 7 PRELIMINARY Ivy Lane Paving Assessments 4410 Ivy Lane Curb, Gutter & Pavement (Fronting) 45.0 LF $9.75 /LF $438.75 Santos A. ET UX & Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Virginia Herrera 4' Sidewalk (Fronting) 129.0 SF $1.00 /SF $129.00 Lot 10A 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 Ava Cooper Subd. Driveway E (in ROW) 166.5 SF $5.22 /SF $869.13 Total Assessment Cost: Driveway E (Behind ROW) (CONC-CONC) 149.0 SIF $5.22 /SF $777.78 Total Assessment Cost: -$2,214.66 4409 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Jesus A. Soto ET UX & Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Jacqueline 4' Sidewalk (Fronting) 126.0 SF $1.00 /SF $126.00 Lot 10, Block 2 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 Brookside Subd. Driveway F (in ROW) 234.0 SF $5.22 /SF $1,221.48 Driveway F (Behind ROW) (ASPH-ASPH) 130.0 SIF $26.12 /SY $377.29 Total Assessment Cost: -$2,212.27 4405 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Irene Haeber Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 9, Block 2 4' Sidewalk (Fronting) 160.0 SF $1.00 /SF $160.00 Brookside Subd. 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 6055 Lost Creek Driveway G (In ROW) 140.0 SF $5.22 /SF $730.80 Corpus Christi, TX 78413 Driveway G (Behind ROW) (CONC-CONC) 60.0 SIF $5.22 /SF $313.20 Total Assessment Cost: -$1,691.50 4402 Ivy Lane Curb, Gutter & Pavement (Fronting) 47.5 LF $9.75 /LF $463.13 Safeguard System Inc. Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 8A 4' Sidewalk (Fronting) 115.0 SF $1.00 /SF $115.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 4401 Kostoryz Driveway H (In ROW) 236.0 SF $5.22 /SF $1,231.92 Corpus Christi, TX 78415 Driveway H (Behind ROW) (ASPH-GRVL) 0.0 SIF $26.12 /SY $0.00 Total Assessment Cost: $1,810.05 4401 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF Irene Haeber Curb, Gutter & Pavement (Siding) 0.0 LF Lot 8, Block 2 4' Sidewalk (Fronting) 159.5 SF Brookside Subd. 4' Sidewalk (Siding) 0.0 SIF 6055 Lost Creek Driveway I (In ROW) 141.5 SF Corpus Christi, TX 78413 Driveway I (Behind ROW) (CONC-CONC) 8.5 SF 4406 Ivy Lane Safeguard System Inc. Lot 9A Ava Cooper Subd. Christi, TX 78415 $9.75 /LF $4.88 /LF $1.00 /SF $0.50 /SF $5.22 /SF $5.22 /SF Assessment Cost: $487.50 $0.00 $159.50 $0.00 $738.63 $44.37 0909M Curb, Gutter & Pavement (Fronting) 47.5 LF $9.75 /LF $463.13 Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 4' Sidewalk (Fronting) 190.0 SIF $1.00 /SF $190.00 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (in ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) (ASPH-GRVL) 0.0 SF $26.12 /SY $0.00 Total Assessment Cost: $653.13 4365 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.5 LF Joe Rangel de la Rosa Curb, Gutter & Pavement (Siding) 0.0 LF Lot 1 4' Sidewalk (Fronting) 198.0 SIF Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF Driveway J (in ROW) 140.0 SIF Driveway J (Behind ROW) (CONC-CONC) 50.0 SF $9.75 /LF $4.88 /LF $1.00 /SF $0.50 /SF $5.22 /SF $5.22 /SF Assessment Cost: B 12/20/2012 2 of 7 PRELIMINARY Ivy Lane Paving Assessments 4358 Ivy Lane Curb, Gutter & Pavement (Fronting) 54.0 LF $9.75 /LF $526.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 71i 4' Sidewalk (Fronting) 181.0 SF $1.00 /SF $181.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4350 Ivy Lane Driveway K (In ROW) 140.0 SF $5.22 /SF $730.80 Corpus Christi, TX Driveway K (Behind ROW) (ASPH -ASPH) 0.0 SF $26.12 /SY $0.00 Total Assessment $1,438.30 4361 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion /Maria Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2 4' Sidewalk (Fronting) 164.0 SF $1.00 /SF $164.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway L (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway L (Behind ROW) (ASPH -ASPH) 23.0 SF $26.12 /SY $66.75 Total Assessment Cost: $1,449.05 4354 Ivy Lane Curb, Gutter &Pavement (Fronting) 52.0 LF $9.75 /LF $507.00 Thomas R. Riddick Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7 4' Sidewalk (Fronting) 161.0 SF $1.00 /SF $161.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 PO Box 270366 -78427 Driveway M (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway M (Behind ROW) (ASPH -ASPH) 30.0 SF $26.12 /SY $87.07 Total Assessment Cost: $1,485.87 4357 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 3 4' Sidewalk (Fronting) 164.0 SF $1.00 /SF $164.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4350 Ivy Lane Driveway N (In ROW) 140.0 SF $5.22 /SF $730.80 Corpus Christi, TX Driveway N (Behind ROW) (CONC -CONC) 70.0 SF $5.22 /SF $365.40 Total Assessment $1,747.70 4346 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7D 4' Sidewalk (Fronting) 154.5 SF $1.00 /SF $154.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4350 Ivy Lane Driveway O (in ROW) 58.5 SF $5.22 /SF $305.37 Corpus Christi, TX Driveway O (Behind ROW) (ASPH -ASPH) 40.5 SF $26.12 /SY $117.54 Total Assessment Cost: $1,064.91 4350 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7C 4' Sidewalk (Fronting) 181.5 SF $1.00 /SF $181.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway O (In ROW) 78.5 SF $5.22 /SF $409.77 Driveway O (Behind ROW) (ASPH -ASPH) 29.0 SF $26.12 /SY $84.16 Total Assessment Cost: $1,162.93 4353 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva ET UX Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4 4' Sidewalk (Fronting) 162.5 SF $1.00 /SF $162.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway P (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway P (Behind ROW) (ASPH -ASPH) 50.0 SF $26.12 /SY $145.11 Total Assessment Cost: $1,525.91 12/20/2012 3 of 7 PRELIMINARY Ivy Lane Paving Assessments 4349 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Ernesto Reyes Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 5 4' Sidewalk (Fronting) 170.0 SF $1.00 /SF $170.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Q (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway Q (Behind ROW) (ASPH -GRVL) 50.0 SF $26.12 /SY $145.11 Total Assessment Cost: $1,533.41 4342 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion /Maria Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7E 4' Sidewalk (Fronting) 178.5 SF $1.00 /SF $178.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway R (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway R (Behind ROW) (CONC -CONC) 50.0 SF $5.22 /SF $261.00 Total Assessment Cost: $1,657.80 4345 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 San Juanita Flores ET ALS Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 6 4' Sidewalk (Fronting) 160.0 SF $1.00 /SF $160.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway S (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway S (Behind ROW) (ASPH -ASPH) 30.0 SF $26.12 /SY $87.07 Total Assessment Cost: $1,465.37 4338 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.5 LF $9.75 /LF $492.38 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7F 4' Sidewalk (Fronting) 166.0 SF $1.00 /SF $166.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway T (In ROW) 132.0 SF $5.22 /SF $689.04 Driveway T (Behind ROW) (ASPH -ASPH) 70.0 SF $26.12 /SY $203.16 Total Assessment Cost: $11550.57 4334 Ivy Lane Curb, Gutter &Pavement (Fronting) 62.5 LF $9.75 /LF $609.38 Juan M. /Mary G. Macias Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Half of Lot 6 4' Sidewalk (Fronting) 209.5 SF $1.00 /SF $209.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway U (In ROW) 196.0 SF $5.22 /SF $1,023.12 Driveway U (Behind ROW) (CONC -CONC) 84.5 SF $5.22 /SF $441.09 Total Assessment Cost: $2,283.09 4341 Ivy lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Ofilia Basaldu Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7 4' Sidewalk (Fronting) 162.5 SF $1.00 /SF $162.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway V (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway V (Behind ROW) (ASPH -GRVL) 50.0 SF $26.12 /SY $145.11 Total Assessment Cost: $1,525.91 4328 Ivy Lane Curb, Gutter &Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Enrique JR/Juanita M. Reyes Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Half of Lot 5 4' Sidewalk (Fronting) 216.5 SF $1.00 /SF $216.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway W (In ROW) 175.5 SF $5.22 /SF $916.11 Driveway W (Behind ROW) (ASPH -ASPH) 79.5 SF $26.12 /SY $230.73 Total Assessment Cost: $2,006.84 12/20/2012 4 of 7 PRELIMINARY Ivy Lane Paving Assessments 4337 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Kimberly Puebla Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 8 4' Sidewalk (Fronting) 156.0 SF $1.00 /SF $156.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4709 Phillip Dr. Driveway X (In ROW) 162.0 SF $5.22 /SF $845.64 Corpus Christi, TX 78415 Driveway X (Behind ROW) (ASPH -GRVL) 60.0 SF $26.12 /SY $174.13 Total Assessment Cost: $1,663.27 4333 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Leon Rolando Castaneda Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 9 4' Sidewalk (Fronting) 168.5 SF $1.00 /SF $168.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Y (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway Y (Behind ROW) (CONC -CONC) 80.0 SF $5.22 /SF $417.60 Total Assessment Cost: $1,804.40 4326 Ivy Lane Curb, Gutter &Pavement (Fronting) 62.0 LF $9.75 /LF $604.50 Marco /Maria Moreno Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4A 4' Sidewalk (Fronting) 208.0 SF $1.00 /SF $208.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Z (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway Z (Behind ROW) (CONC -CONC) 30.0 SF $5.22 /SF $156.60 Total Assessment Cost: $1,699.90 4329 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Jose Noe /Aurora Garcia Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 10 4' Sidewalk (Fronting) 170.0 SF $1.00 /SF $170.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AA (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AA (Behind ROW) (CONC -CONC) 70.5 SF $5.22 /SF $368.01 Total Assessment Cost: $1,756.31 4325 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Reynado P. JR/Mary L. Leal Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 11 4' Sidewalk (Fronting) 104.5 SF $1.00 /SF $104.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AB (In ROW) 272.5 SF $5.22 /SF $1,422.45 Driveway AB (Behind ROW) (CONC -CONC) 144.0 SF $5.22 /SF $751.68 Total Assessment Cost: $2,766.13 4317 Ivy Lane Curb, Gutter &Pavement (Fronting) 97.0 LF $9.75 /LF $945.75 Rafael Luis /Elisa Garza Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 12 4' Sidewalk (Fronting) 305.5 SF $1.00 /SF $305.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AB (In ROW) 258.0 SF $5.22 /SF $1,346.76 Driveway AB (Behind ROW) (ASPH -GRVL) 111.5 SF $26.12 /SY $323.60 Total Assessment Cost: $2,921.61 4322 Ivy Lane Curb, Gutter &Pavement (Fronting) 62.0 LF $9.75 /LF $604.50 Irene Haeber Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 NW Half of Lot 3C 4' Sidewalk (Fronting) 208.0 SF $1.00 /SF $208.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AC (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AC (Behind ROW) (ASPH -GRVL) 30.5 SF $26.12 /SY $88.52 Total Assessment Cost: $1,631.82 12/20/2012 5 of 7 PRELIMINARY Ivy Lane Paving Assessments 4318 Ivy Lane Curb, Gutter & Pavement (Fronting) 62.0 LF $9.75 /LF $604.50 Carolina P. Flores Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2B 4' Sidewalk (Fronting) 213.0 SF $1.00 /SF $213.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AD (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AD (Behind ROW) (CONC -CONC) 82.5 SF $5.22 /SF $430.65 Total Assessment Cost: $1,978.95 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.5 LF $9.75 /LF $492.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 1, Block 1 4' Sidewalk (Fronting) 113.0 SF $1.00 /SF $113.00 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AE (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AE (Behind ROW) (CONC -CONC) 70.0 SF $5.22 /SF $365.40 Driveway AF (In ROW) 162.0 SF $5.22 /SF $845.64 Driveway AF (Behind ROW) (CONC -CONC) 85.0 SF $5.22 /SF $443.70 Total Assessment Cost: $2,990.92 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 42.5 LF $9.75 /LF $414.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2, Block 1 4' Sidewalk (Fronting) 169.0 SF $1.00 /SF $169.00 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $583.38 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 42.5 LF $9.75 /LF $414.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 3, Block 1 4' Sidewalk (Fronting) 132.5 SF $1.00 /SF $132.50 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AG (In ROW) 140.5 SF $5.22 /SF $733.41 Driveway AG (Behind ROW) (ASPH -ASPH) 30.5 SF $26.12 /SY $88.52 Total Assessment Cost: $1,368.80 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 42.5 LF $9.75 /LF $414.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4, Block 1 4' Sidewalk (Fronting) 178.5 SF $1.00 /SF $178.50 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $592.88 4314 Ivy Lane Curb, Gutter &Pavement (Fronting) 63.0 LF $9.75 /LF $614.25 Juan Pablo Duran Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 1E 4' Sidewalk (Fronting) 253.0 SF $1.00 /SF $253.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $867.25 .......... ............................... 4310 Ivy Lane ............................................................................................ Curb, Gutter & Pavement (Fronting) ............................... 97.0 LF .. .. ............................... $9.75 /LF .. $945.75 Juan Pablo Duran Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 1D 4' Sidewalk (Fronting) 383.0 SF $1.00 /SF $383.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $19328.75 12/20/2012 6 of 7 PRELIMINARY Ivy Lane Paving Assessments 4315 Ivy Lane Curb, Gutter & Pavement (Fronting) 39.0 LF $9.75 /LF $380.25 Armando /Emma Botello Curb, Gutter & Pavement (Siding) 38.5 LF $4.88 /LF $187.88 Lot 5, Block 1 4' Sidewalk (Fronting) 165.5 SF $1.00 /SF $165.50 Tower Subd. 4' Sidewalk (Siding) 126.0 SF $0.50 /SF $63.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $796.63 ..............:................................................... 3141 Borne Road ......................... Curb, Gutter & Pavement (Fronting) ............. ............................... 33.5 LF .. .............................. $9.75 /LF . $326.63 Steve L. JR/Maria Benavidez Curb, Gutter & Pavement (Siding) 75.0 LF $4.88 /LF $366.00 Lot 6N 4' Sidewalk (Fronting) 153.5 SF $1.00 /SF $153.50 Ava Cooper Subd. 4' Sidewalk (Siding) 301.0 SF $0.50 /SF $150.50 3126 Horne Rd. Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Corpus Christi, TX Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $996.63 12/20/2012 7 of 7 PRELIMINARY Vaky Street Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 653 Vaky Street Curb, Gutter & Pavement (Fronting) 80.0 LF $9.75 /LF $780.00 VickyL. & John L. Harvin Curb, Gutter & Pavement (Siding) 74.0 LF $4.88 /LF $361.12 Lot 15 & W 20' of Lot 16 4' Sidewalk (Fronting) 337.0 SF $1.00 /SF $337.00 Block 32 4' Sidewalk (Siding) 142.0 SF $0.50 /SF $71.00 Lindale Park 3 Subd. Driveway A (In ROW) 136.5 SF $6.10 /SF $832.65 Driveway A (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: F $2.381.77 354 Vaky Street Curb, Gutter & Pavement (Fronting) 77.0 LF $9.75 /LF $750. John Boyd Graham Curb, Gutter & Pavement (Siding) 68.O LF $4.88 /LF $331. _ot 14, Block 29 4' Sidewalk (Fronting) 350.5 SF $1.00 /SF $350. _ indale Park 3 Subd. 4' Sidewalk (Siding) 143.0 SF $0.50 /SF $71. indale Park 3Subd. Driveway (In ROW) 0.0 SF $6.10 /SF $0. Driveway (Behind ROW) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,504. 49 Vaky Street Curb, Gutter & Pavement (Fronting) 65.0 LF $9.75 /LF $633.7 ophie Ruiz Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $O.0 40' of Lot 16 & W25' of 4' Sidewalk (Fronting) 237.0 SF $1.00 /SF $237.0 of 17, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $O.0 indale Park 3Subd. Driveway A (In ROW) 134.0 SF $6.10 /SF $817.4 Driveway A (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $O.0 Total Assessment Cost: F $1,688.1 50 Vaky Street Curb, Gutter & Pavement (Fronting) 61.0 LF $9.75 /LF $594. ilda Garcia Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0. of 13, Block 29 4' Sidewalk (Fronting) 221.5 SF $1.00 /SF $221. indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3Subd. Driveway B (In ROW) 140.0 SF $6.10 /SF $854. Driveway B (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,670. 346 Vaky Street Curb, Gutter & Pavement (Fronting) 61.0' LF $9.75 /LF $594.7 John Joseph Daws Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $O.0 _ot 12, Block 29 4' Sidewalk (Fronting) 250.5 SF $1.00 /SF $250.° _ indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $O.0 indale Park 3Subd. Driveway C (In ROW) 149.0 SF $6.10 /SF $908.0 Driveway C (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $O.0 Total Assessment Cost: F $1,754.1 45 Vaky Street Curb, Gutter & Pavement (Fronting) 65.0 LF $9.75 /LF $633. enny J. McNabb Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0. 35' of Lot 17 & W30' of 4' Sidewalk (Fronting) 223.0 SF $1.00 /SF $223. of 18, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3Subd. Driveway D (In ROW) 148.0 SF $6.10 /SF $902. Driveway D (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,759. 42 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. lary L. Hoeckle Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 'o Donald Hoeckle ET AL 4' Sidewalk (Fronting) 221.0 SF $1.00 /SF $221. of 11, Block 29 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway E (In ROW) 140.0 SF $6.10 /SF $854. Driveway E (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,664. 12/20/2012 1 of 4 PRELIMINARY Vaky Street Paving Assessments 39 Vaky Street Curb, Gutter & Pavement (Fronting) 65.0 LF $9.75 /LF $633. ebecca A. Dulin Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 30' of Lot 18 & W35' of 4' Sidewalk (Fronting) 239.0 SF $1.00 /SF $239. of 19, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway F (In ROW) 140.0 SF $6.10 /SF $854. $10 Cape Hatteras Dr. Driveway F (Behind ROW) (GONG -CONC) 0.0 SF $6.10 /SF $0. 338 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. Juanita R. Almeida Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. _ot 10, Block 29 4' Sidewalk (Fronting) 203.5 SF $1.00 /SF $203. _indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. _indale Park 3 Subd. Driveway G (In ROW) 140.0 SF $6.10 /SF $854. $10 Cape Hatteras Dr. Driveway G (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. 335 Vaky Street Curb, Gutter & Pavement (Fronting) 65.O LF $9.75 /LF $633. Jennifer M. Perales Curb, Gutter & Pavement (Siding) O.0 LF $4.88 /LF $0. E25' of Lot 19 & W40' of 4' Sidewalk (Fronting) 243.0 SF $1.00 /SF $243. _ot 20, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. _indale Park 3 Subd. Driveway H (In ROW) 140.0 SF $6.10 /SF $854. $10 Cape Hatteras Dr. Driveway H (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. -orpus Christi, TX 78412 Total Assessment Cost: $1,730. 34 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. lizabeth A. Foster Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. of 9, Block 29 4' Sidewalk (Fronting) 228.0 SF $1.00 /SF $228. indale Park 3Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway I (In ROW) 140.0 SF $6.10 /SF $854. Driveway I (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,671. 29 Vaky Street Curb, Gutter & Pavement (Fronting) 65.5 LF $9.75 /LF $638. eticia Yvette Castaneda Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 20' of Lot 20 & W45' of 4' Sidewalk (Fronting) 245.5 SF $1.00 /SF $245. of 21, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway J (In ROW) 128.0 SF $6.10 /SF $780. Driveway J (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. MENIF MT 25 Vaky Street Curb, Gutter & Pavement (Fronting) 70.0 LF $9.75 /LF $682. /illiam Allan Stark Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 150' of Lot 21 & W55' of 4' Sidewalk (Fronting) 261.0 SF $1.00 /SF $261. of 22 Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway J (In ROW) 125.0 SF $6.10 /SF $762. Driveway J (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. MENTUM 30 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. lartha S. Loftin Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. of 8, Block 29 4' Sidewalk (Fronting) 229.0 SF $1.00 /SF $229. indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. Driveway K (In ROW) 140.0 SF $6.10 /SF $854. Driveway K (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F $1,668. 12/20/2012 2 of 4 PRELIMINARY Vaky Street Paving Assessments 21 Vaky Street Curb, Gutter & Pavement (Fronting) 70.0 LF $9.75 /LF $682. ichard Lee Grimes Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 5' of Lot 22, All of Lot 23 & 4' Sidewalk (Fronting) 261.0 SF $1.00 /SF $261. /5' of Lot 24, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway L (in ROW) 140.0 SF $6.10 /SF $854. San Antonio, TX 78248 Driveway L (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,797. 626 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. Marilyn D. Brenek Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. Lot 7, Block 29 4' Sidewalk (Fronting) 226.5 SF $1.00 /SF $226. Lindale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. 13406 Langtry Driveway M (in ROW) 140.0 SF $6.10 /SF $854. San Antonio, TX 78248 Driveway M (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,670. 322 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. Jesse Albert Bueno Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. -ot 6, Block 29 4' Sidewalk (Fronting) 227.5 SF $1.00 /SF $227. -indale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway N (in ROW) 140.0 SF $6.10 /SF $854. -orpus Christi, TX 78411 Driveway N (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,666. 17 Vaky Street Curb, Gutter & Pavement (Fronting) 71.0 LF $9.75 /LF $692. ebbie Ann Garza Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 55' of Lot 24 & W15' of 4' Sidewalk (Fronting) 250.5 SF $1.00 /SF $250. of 25, Block 32 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway 0 (in ROW) 140.0 SF $6.10 /SF $854. -orpus Christi, TX 78411 Driveway 0 (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,796. 11 Vaky Street Curb, Gutter & Pavement (Fronting) 75.5 LF $9.75 /LF $736.1 amona Garcia Gonzales Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $O.0 45' of Lot 25 & W30' of 4' Sidewalk (Fronting) 281.0 SF $1.00 /SF $281.0 of 26, Block 32 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $O.0 indale Park 3 Subd. Driveway P (in ROW) 140.0 SF $6.10 /SF $854.0 -orpus Christi, TX 78411 Driveway P (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $O.0 Total Assessment Cost: F $1,871.1 318 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. Robert W. McLain Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. -ot 5, Block 29 4' Sidewalk (Fronting) 208.5 SF $1.00 /SF $208. -indale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. 4113 Harry St. Driveway Q (in ROW) 209.0 SF $6.10 /SF $1,274. -orpus Christi, TX 78411 Driveway Q (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- -$2,068. 14 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. eticia Garza Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. of 4, Block 29 4' Sidewalk (Fronting) 220.5 SF $1.00 /SF $220. indale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. Driveway R (in ROW) 140.0 SF $6.10 /SF $854. Driveway R (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F $1,659. 12/20/2012 3 of 4 PRELIMINARY Vaky Street Paving Assessments 607 Vaky Street Curb, Gutter & Pavement (Fronting) 80.0 LF $9.75 /LF $780.001 Arthur /Angelica Flores Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Granado 4' Sidewalk (Fronting) 306.0 SF $1.00 /SF $306.001 E30' of Lot 26 & W45' of 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.001 Lot 27, Block 32 Driveway S (In ROW) 140.0 SF $6.10 /SF $854.001 Lindale Park 3 Subd. Driveway S (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $1,940.00 610 Vaky Street Curb, Gutter & Pavement (Fronting) 59.5 LF $9.75 /LF $580.131 Carmen C. Torres Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Lot 3, Block 29 4' Sidewalk (Fronting) 220.0 SF $1.00 /SF $220.001 Lindale Park 3 Subd. 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 Driveway T (In ROW) 140.0 SF $6.10 /SF $854.001 Driveway T (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $1,654.13 606 Vaky Street Curb, Gutter & Pavement (Fronting) 60.O LF $9.75 /LF $585.001 David R. Powell Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Lot 2, Block 29 4' Sidewalk (Fronting) 118.0 SF $1.00 /SF $118.001 Lindale Park 3 Subd. 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 4118 Holly Dr. Driveway (In ROW) 0.0 SF $6.10 /SF $0.001 Corpus Christi, TX 78411 Driveway (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $703.00 602 Vaky Street Curb, Gutter & Pavement (Fronting) 25.O LF $9.75 /LF $243.751 Lynda Achsa Janell Jones Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Lot 1, Block 29 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.001 Lindale Park 3 Subd. 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 Driveway (In ROW) 0.0 SF $6.10 /SF $0.001 Driveway (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $243.75 601 Vaky Street Curb, Gutter & Pavement (Fronting) 61.O LF $9.75 /LF $594.751 Mary Ann Shaw Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 E15' of Lot 27 & All of Lot 28 4' Sidewalk (Fronting) 143.0 SF $1.00 /SF $143.001 Block 32 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 Lindale Park 3 Subd. Driveway (In ROW) 0.0 SF $6.10 /SF $0.001 Driveway (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $737.75 12/20/2012 4 of 4