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Home My WebLink AboutAgenda Packet City Council - 01/29/2013Tuesday, January 29, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. 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. 10LviIAAI10 [ell feXelV C A :4 B. INVOCATION. C. PLEDGE OF ALLEGIANCE. D. ROLL CALL. E. Proclamations / Commendations 1 13 -00075 Proclamation declaring February 4 -8, 2013 as National School Counseling Week" Certificate of Commendation to Workforce Solutions of the Coastal Bend for the 2012 Statewide Awards and Recognition Ceremonial Presentation of Certified Ambassador Tourism Certificates & Pins Swearing -in Ceremony of all newly appointed Board, Commission and Committee Members F. PUBLIC COMMENT. Corpus Christi Page 1 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 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 SHOWANY 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 - 3) 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 -00072 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges, with possible discussion and action in open session. 3 13 -00089 Executive session pursuant to Section 551.087(1) of the Texas Government Code to discuss commercial and financial information that the city has received from a business prospect which the city seeks to have stay or expand within the territory of the city and with which the city is conducting economic development negotiations, with possible discussion and action in open session. H. MINUTES: 4 13 -00077 Approval of Meeting Minutes - January 22, 2013. Attachments: Minutes - January 22, 2013 I. BOARDS & COMMITTEE APPOINTMENTS: (NONE) Rom *: 1:1we1 L1FA1101L1 [01091011L1 INIW_Tel 1101L1 A 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. Corpus Christi Page 2 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 K. 5 6 7 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. 12 -00796 Second Reading Ordinance - Type A agreement and appropriating funds to improve McCampbell Road in front of H.E.B. manufacturing facility (1st Reading 1122113) 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 R 12 -00915 Second Reading Ordinance - Appropriating funds and executing construction contract for Seawall repairs (1st Reading 1122113) 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. Attachments: Agenda Memo - Seawall Repairs Project Budget Repairs Presentation Location Map - Seawall Repairs. pdf 13 -00016 Second Reading Ordinance - Accepting and appropriating grant for defibrillator purchase (1st Reading 1122113) 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 Corpus Christi Page 3 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 P1 10 accessories; and Appropriating the $134,395.95 in the Fire Grant Fund No. 1062. Attachments: Agenda memo - Grant from Christus Spohn Second Reading Ordinance - Miscellaneous easement with State for waterline rights across Laguna Madre (1st Reading 118113) Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90 which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. Attachments: Agenda memo - Water Easement with GLO BOND 2012 Projects (Related Items 9 - 22) 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) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Corpus Christi Page 4 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 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. South Contract - • •' Presentation Alameda 11 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 Project Budget Contract Location Map - Greenwood Drive. pdf Greenwood Drive. pd Presentation Greenwood Drive 12 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 Project Budget - Ocean Drive Location a Ocean Drive. pdf Contract Ocean Drive. pd Presentation - Ocean Drive 13 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) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi Page 5 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 14 15 16 1111041#111 OA i%IK]1111141 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 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 . + .• • • Contract • a • • Presentation • Staples Street 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 Contract • a• from • • Avenue to 1H 37.pdf Presentation - S• a• e from • •. to 1H 37 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 for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $957,720.00, for McArdle Road - Nile Drive to Ennis Corpus Christi Page 6 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 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 - Mc Ardle Location Map - McArdle Road Improvements.pdf Contract - • e Road Improvements.pdf Presentation - McArdle Road 17 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 - , • mmw 18 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 19 13 -00020 Professional services contract for street improvements on Morgan Avenue from Staples Street to Crosstown Freeway (Proposition No. 1 Street Projects) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract Corpus Christi Page 7 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 20 21 W 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 - .• - • 0 Freeway.pdf Contract - Morgan Avenue from Staples Street to Crosstown Freeway.pdf Presentation - M• r r • m Staple to Crosstown 13 -00029 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 Budget Twigg Location Map •• Street. pd Contract - Twigg •• Presentation Twigg 13 -00030 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 'dge Leopard Location Map Leopard e . Contract - Leopard e • Presentation - Leopard 13 -00019 Professional services contract for the JFK Causeway Area improvements (Proposition No. 1 Street Projects) (BOND 2012) Corpus Christi Page 8 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 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 Location Map - JFK Causeway Area Improvements.pdf Contract a - a Improvements.pdf Presentation Causeway , 23 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 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, Corpus Christi Page 9 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 M. 101111 C 25 26 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 REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. FIRST READING ORDINANCES: (NONE) FUTURE AGENDA ITEMS: (ITEMS 25 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13 -00070 Amending Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau Motion authorizing the City Manager, or designee, to execute an Amended Consulting Services Agreement ( "Agreement ") with the Corpus Christi Convention and Visitors Bureau ( "CVB ") for a period ending July 31, 2015 Attachments: Agenda memo - CCCVB 13 -00028 Change Order No. 2 for the additional required construction for the McBride Lift Station force main replacement Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with Bridges Specialties, Inc. of Sandia, Texas in the amount of $108,517.05 for the McBride Lift Station Force Main Replacement. Attachments: Agenda memo - McBride Lift Station Corpus Christi Page 10 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 27 13 -00068 Agreement with State to contribute right -of -way funds for ramp reversal project on South Padre Island Drive (SPID) to alleviate congestion at eastbound off ramps between Nile Drive and Ayers Street Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street, with the City's participation in the amount of $950,000. (BOND 2012) Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10.B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with 15T Investments LLC ( "Developer /Owner "), in the amount of $221,846.54 for public wastewater and water improvements to the property located at the Southside of State Highway 44 East of Heinsohn Road and West of North Padre Island Drive, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. +.- ._ �. 29 13 -00067 Cooperative Purchase Agreement for electronic archiving of construction blueprints Motion approving a contract for the electronic archiving of construction blueprints with MCCi, LLC of Tallahassee, Florida for a total expenditure of $76,779.70. The award is based on the cooperative purchasing agreement with the Texas Department of Information Resources (DI R). Funds are budgeted in the Development Services Fund for FY 2012 -2013. Corpus Christi Page 11 Printed on 211112013 City Council Meeting Agenda - Final January 29, 2013 30 31 I� ilEC1111414Z Supply Agreements for food items for the Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -13 -1 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $179,155.26. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 144 Line Items 108 Line Items $83,729.73 $95,425.53 Grand Total: $179,155.26 Attachments: Agenda memo - Food Items. pdf Municipal Lease Line of Credit to fund equipment and rolling stock replacement needs Motion approving a Municipal Lease Line of Credit with Frost Bank in accordance with Request for Proposal No. BI- 0040 -13 based on lowest responsible proposal for an estimated annual expenditure of $326,909.92. The term of the contract is for one year with options to extend for up to four additional one -year periods, subject to the approval of the contractor and the City Manager, or designee. Attachments: Agenda memo - Municipal Lease Line of Credit.pdf CM 1111 Vill!►yiFAL1 Ew ;I ZWK401 ►yihyiI ;I L1 Ill &15 * Update on City Operations Q. ADJOURNMENT Corpus Christi Page 12 Printed on 211112013 a, 7 Tuesday, January 22, 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 Pastor Janson Abraham, Kingdom Acts. PLEDGE OF ALLEGIANCE. ROLL CALL. The Pledge of Allegiance was led by Mary Juarez, Assistant City Secretary. 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. 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 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 Mayor Martinez read and presented the Proclamations, and City Manager Olson presented the "At Your Service" Awards. H. MINUTES: 3 Approval of Minutes - January 15, 2013 A motion was made by Council Member Scott, seconded by Council Member Magill to pass to approve the minutes as presented. Corpus Christi Page 1 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 I. BOARDS & COMMITTEE APPOINTMENTS: 4 Corpus Christi Downtown Management District Corpus Christi Regional Economic Development Corporation Human Relations Commission Mechanical /Plumbing Advisory Board Sister City Committee Water Resources Advisory Committee The following appointments /reappointments were made to the City's board, commission, and committees: Corpus Christi Downtown Management District: New Appointment - Joe Gonzalez (AET) Corpus Christi Regional Economic Development Corporation: Reappointment - Art Granado; New Appointment - Jerry Dewbre Human Relations Commission: New Appointment - Jaimee Contreras, and Corey Elizondo (Youth) Mechanical /Plumbing Advisory Board: Reappointments - David Mathews (A /C), Billy Largin (Commercial Builder), Clinton Bailey (Master Plumber), Julio Sanchez (A /C), and Karim Salighedar (Irrigator) Sister City Committee: Reappointments - Halley Jordan Kimball, Christine Kailas, and Alan Thornburg; New Appointments - John Richard Sloan, Wan Sun Kim, and Yvonne Fernandez Water Resources Advisory Committee: New Appointments: Robert Torres (Military Facility), and Sally Gill (Landscaping /Nursery) K. CONSENT AGENDA: (ITEMS 5 - 23) Mayor Martinez referred to the Consent Agenda, Item Nos. 5 through 23. Mayor Martinez asked for council and public comment. There was no comments from the audience. The following items were pulled and voted on separately: 5, 9, 10, 11, and 12. The remaining items were approved by one vote: 5 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. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 029719 Corpus Christi Page 2 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 6 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 The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029720 7 Resolution for potential use of eminent domain to acquire property rights for Mary Rhodes Pipeline Phase II Project; authorizing the City Manager or his designee to execute documents necessary for acquiring the property interests 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 Corpus Christi Page 3 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 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. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029721 8 Resolution to authorize submission of a nomination form for a State grant for landscape improvements on Holly Road between 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. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029722 9 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. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 4 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -007 10 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. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -008 11 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 - Landfill Pave ment/Roadway Life Cycle Replacement. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -009 12 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 Corpus Christi Page 5 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 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. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -010 13 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. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029723 14 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. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -011 Corpus Christi Page 6 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 15 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 1/15/13) 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029724 16 Second Reading Ordinance - A Change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, at 221, 217, 213 Kleberg Place (1st Reading 1/8/13) 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. 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. Corpus Christi Page 7 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Ordinance 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029725 17 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029726 18 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 The foregoing ordinance was passed and approved on second reading with the following vote: Corpus Christi Page 8 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029727 19 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 amount of $475,465 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover project The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029728 20 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 1/8/13) 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 9 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Abstained: 0 Enactment No: 029729 21 Second Reading Ordinance - Accepting and appropriating State grant for overtime driving while intoxicated (DWI) enforcement during specific calendar periods (1st Reading 1/8/13) 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029730 22 Second Reading Ordinance - Appropriating estimated program income revenue for operating expenditures for health services (1 st Reading 1/8/13) 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029731 23 Second Reading Ordinance - Utility easement closure for future development located north of Catalina Place and west of Santa Fe Street (1st Reading 1/8/13) Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Corpus Christi Page 10 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029732 F. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. Jerry Garcia spoke about the unbalance distribution of city funds to youth sport programs; Wilson Wakefield spoke about repairs to road and streets; Foster Edwards spoke in support of the South Texas Military Task Force and the Joint Land Use Study and thanked staff for their work, and announced to Coastal Bend to DC trip in Washington on February 4 - 6; Abel Alonzo spoke about the Presidential Parade and barriers that have been overcome in local government and inclusiveness through the country. G. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez read Exeuctive Session Item No. 2. The council went into executive session. The council returned from executive session. 2 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. This executive session item was discussed and no action was taken. L. PUBLIC HEARINGS: (ITEM 24) Mayor Martinez referred to Item No. 24. City Secretary Chapa stated that Item No. 4 would be handled as a Future Agenda Item and that the public hearing would not be opened and that no action or public comment would be taken. He stated that this item will come to Council next week as a Public Hearing and Motion. Eddie Ortega, Director of Neighborhood services provided a brief overview and stated that the item has susbtantial amendments to the Consolidated Annual Action Plan for FY 2007, 2010 and 2011. Mr. Ortega stated that the amendments are as follows: 1) cancellation of FY 2007 Community Development Block Grant program projects for Messianic Fellowship Church, Montgomery Ward Building Rehabilitation Project, and Avance, Inc.; 2) change of scope of work for a FY 2010 CDBG project for the Lindale Senior Center; 3) and cancellation of CDBG 2011 projects for Coastal Bend Alcohol & Drug Abuse Rehabilitation Center, the Gonzalez Foundation, and the Westside Business Association. Mr. Ortega stated that the amount of CDBG funding to Corpus Christi Page 11 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 be reprogrammed into FY 2013 is $693,320. 24 Public Hearing and Motion to amend Consolidated Annual Action Plan (CAAP) 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. No action was taken on this item. M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEMS 25 - 28) 25 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 This Ordinance was tabled. 26 First Reading Ordinance - Type A agreement and appropriating funds Corpus Christi Page 12 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 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 The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 27 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 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. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 28 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. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 13 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Abstained: 0 O. FUTURE AGENDA ITEMS: (ITEMS 29 - 43) Mayor Martinez referred to the Future Agenda, Item Nos. 29 - 43 and stated that these items are 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 Items 29 - 42, and Council Member Leal requested a presentation on Item No. 43. 29 BOND 2012 Projects (Related Items 8 - 21) 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). This Motion was recommended by Staff to the Consent Agenda. 30 Professional services contract for street improvements on South Alameda Street from Ayers Street to Louisiana Avenue (Proposition No. 1 Streets 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 $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). This Motion was recommended by Staff to the Consent Agenda. 31 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). This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 14 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 32 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). This Motion was recommended by Staff to the Consent Agenda. 33 Professional services contract for street improvements on Tuloso Road from Interstate Highway 37 to Leopard Street (Propostion No. 1 Street Projects) (BOND 2012) 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) This Motion was recommended by Staff to the Consent Agenda. 34 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). This Motion was recommended by Staff to the Consent Agenda. 35 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 1H 37 for the design, bid, and construction phase services BOND ISSUE 2012. This Motion was recommended by Staff to the Consent Agenda. 36 Professional services contract for street improvements on McArdle Corpus Christi Page 15 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 Road from Ennis Joslin Road to Whitaker Drive (Proposition No Street Projects) (BOND 2012) 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) This Motion was recommended by Staff to the Consent Agenda. 37 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) This Motion was recommended by Staff to the Consent Agenda. 38 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) This Motion was recommended by Staff to the Consent Agenda. 39 Professional services contract for street improvements on Morgan Avenue from Staples Street to Crosstown Freeway (Proposition No. 1 Street Projects) (BOND 2012) 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) This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 16 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 40 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). This Motion was recommended by Staff to the Consent Agenda. 41 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). This Motion was recommended by Staff to the Consent Agenda. 42 Professional services contract for the J F K Causeway Area 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) This Motion was recommended by Staff to the Consent Agenda. 43 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 Corpus Christi Page 17 Printed on 112312013 City Council Meeting Minutes - Final January 22, 2013 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) This Resolution was recommended by Staff to the Consent Agenda. Q. CITY MANAGER'S COMMENTS: * Update on City Operations City Manager Olson announced that he has appointed Susan Thorpe as Assistant City Mangager, and Mark Van Vleck as Director of Development Services. He stated that Ms. Thorpe is scheduled to begin on March 18, 2013. R. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 2:07 pm. Corpus Christi Page 18 Printed on 112312013 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 Mir— I IIL;J 11'rA AlummmWial -s- -6-0 0 0 0 - ----- 0 .-1— 9 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 SC a o° AGENDA MEMORANDUM NaR;oRp,o First Reading for the City Council Meeting of January 8, 2013 ss Second Reading for the City Council Meeting of January 15, 2013 DATE: December 17, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanB @cctexas.com 361- 826 -3729 Gustavo Gonzalez, P. E., ustavoo cctexas.com (361) 826 -1874 Director of Water Operations Renewal of Waterline Easement ME800236 from the Texas General Land Office CAPTION: Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90 which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. PURPOSE: This ordinance renews the existing easement rights for another term of ten years for the City's 24 -inch waterline across the Laguna Madre to the Water Storage and Pumping plant located on Padre Island at Sandollar Avenue. BACKGROUND AND FINDINGS: In 1981, the City of Corpus Christi constructed a 24 -inch diameter waterline across the Laguna Madre as shown on the attached Council Exhibit. The office of the Texas General Land Office (TGLO) conveyed a 30 -foot wide easement to the City for construction of the waterline at the initial cost of $3,225.00 for a ten year term. The length of the easement is 1,130.09 rods or 16,646.65 feet. The waterline transports water from the pumping /storage plant on Holly Road to the pumping /storage plant on Padre Island located off of Sandollar Avenue. The easement has been renewed every ten years since 1981 making this the fourth renewal. The cost of the last renewal was $23,732.00. The TGLO has recently updated their fee schedule which has increased the various easement costs substantially. The attached waterline easement ME800236 is up for renewal at a total cost of $67,025 for another ten year period which includes a $350 application fee. Expenditures for land and easement rights which exceed $50,000 require approval by City Council. ALTERNATIVES: None. This waterline is critical for supply to Padre Island and Port Aransas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Leasing of private or state owned lands conforms to City policy. Expenditures for land rights that exceed $50,000 require City Council approval. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Water and Engineering Departments FINANCIAL IMPACT: [�] Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 79,875.90 79,875.90 Encumbered / Expended Amount 3,027.41 3,027.41 This item 1 67,025.901 1 677025.90 BALANCE 1 97822.59 1 1 9782 Fund(s): Water Department, Non - Capital Lease Payments: 530180 - 4010 -31520 Comments: None RECOMMENDATION: Approval of the Ordinance and Easement with the Texas General Land Office as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Council Exhibit Miscellaneous Easement ME800236 Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90, which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. 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 a Miscellaneous Easement ME800236 with the State of Texas, through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, and a total cost of $67,025.90. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor 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 2012, 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 2012, 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 on this the ATTEST: Armando Chapa City Secretary day of '2012. Nelda Martinez Mayor The State of Texas �S(tA4 4q 4 t8 y o c rt X T i 9L19Nfc Austin, Texas MISCELLANEOUS EASEMENT (PIPELINES) ME800236 STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: This Miscellaneous Easement (the "Agreement "), ME800236, is granted by virtue of the authority granted in Section 51.291, et seq., TEX. NAT. RES, CODE, 31 TEX, ADMIN. CODE §13.12, et seq., and all other applicable statutes and rules, as the same exist on the date hereof or as they may be amended from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, on behalf of the Permanent School Fund, (the "STATE "), hereby grants to City of Corpus Christi, whose address is PO Box 9277, Corpus Christi, TX 78469 -9277, phone number (361) 826.3500, (the "Grantee "), a non- exclusive easement for the purposes identified in Article V. ARTICLE 11. PREMISES 2.01. The easement is located across Permanent School Fund land in Nueces County(ies), Texas, described as follows: Laguna Madre, State Tract Numbers 16, 17, 28, 29, 44, 51, 61 and the easement is a right -of -way 1130.1 rods long and 30 feet wide, being 15 feet either side of a centerline formed by the Improvements (as hereinafter defined), as constructed (the "Premises "). In addition, if repair and/ or replacement of the pipeline is necessary, for a period not to exceed 60 days, Grantee shall again be granted additional easement width which shall be 100 feet wide being 50 feet either side of the centerline. The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A and the Survey Plats attached hereto as Exhibit B, collectively incorporated by reference for descriptive purposes. 2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the Premises, the location of such Improvements within the easement shall thereby become fixed at such location and shall not be changed except by an amendment to this Agreement signed by both parties hereto and subject to any approval by any other governmental agency with jurisdiction over same. 2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE SAME "AS IS ", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY MF800236 ] CUSTOMER ID: 0000000881 ME PL PSF_12 28 201 Ldoe jfie[der OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE 'TERM "GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE OF LIENS, ENCUMBRANCES AND /OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT AND /OR ENCUMBRANCE MAY BE OF RECORD, AND GRANTEE TAKES SUBJECT TO ANY SUCH PRIOR GRANT AND /OR ENCUMBRANCE. GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTIN, TEXAS 78701- 1495, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY OR COUNTIES IN WHICH THE PREMISES ARE LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS EASEMENT. ARTICLE III. TERM 3.01. This Agreement is for a period of ten (10) years, beginning on June 1, 2010, and ending on May 31, 2020, unless renewed, amended, or sooner terminated as authorized by law or as set forth herein. 3.02. Provided that Grantee has complied with all provisions of this Agreement, Grantee shall have the right to extend and renew this Agreement pursuant to 31 TAC § 13.17(c) and (d) for an additional like term based on the then current rate schedule and on the terms and conditions provided hereunder, by taking the following actions: (i) providing written notice to the STATE of Grantee's intent to renew the Agreement not less than ninety (90) days prior to expiration of the term of this Agreement; and (ii) completing and submit to the STATE for approval, an application for renewal within thirty (30) days following the notice provided in Section 3.02(1); and (iii) paying the applicable renewal fee, pursuant to the rate schedule in effect at the time of renewal; and (iv) providing documentation showing the current location of the Improvements. This documentation shall include spatial coordinates sufficient for determining that the pipeline(s) lie within the approved Premises. Such information may be in the form provided to the U.S. Department of Transportation, provided that such documentation includes the current location and spatial coordinates. Notwithstanding the foregoing, and provided that the pipeline has been in place for at least twenty (20) years (an "older pipeline "), Grantee may, in lieu of providing such actual dimensions and spatial coordinates, satisfy the requirements of this subsection (iv) by providing a certified written statement by a Professional Engineer which states that the engineer, despite having employed best efforts to do so, can not ascertain the burial depth and/or location coordinates of such existing pipeline from Grantee's existing records and documentation. Any such certified statement shall also include any documentation in Grantee's possession relating to either the actual dimensions or spatial coordinates of the Improvements. If Grantee, at any time, later discovers or determines the actual burial depth and /or location coordinates of an older pipeline, Grantee agrees to submit such documentation to STATE. If either STATE or Grantee determine that an older pipeline is not actually located within the right of way described in this Agreement, both STATE and Grantee will enter into an amendment to this Agreement to correct the right of way description provided such right of way is located on State -owned land. In any event, Grantee will indemnify STATE pursuant to Section 8.01 of this Agreement even if some or all of the Improvements are not located on State -owned land. 3.03. In the event that Grantee shall fail to comply with the requirements of Section 3.02, Grantee shall be in default hereunder; however, the Easement shall not terminate until STATE provides notice of such failure and allows a period of thirty (30) days for Grantee to cure such failure and default. Grantee's failure to comply with Section 3.02, even if subsequently cured to STATE's satisfaction, shall be deemed a forfeiture of any right Grantee may have to renew the Agreement. STATE may require (i) the full then - current fee as calculated for a new easement, or, (ii) the applicable renewal fee pursuant to the rate schedule in effect at the time of renewal, plus an administrative penalty as determined by STATE. ME800236 2 CUSTOMER ID: C000000881 ME PL PSF_12 28 2011.doc jfielder ARTICLE N. CONSIDERATION AND TAXES 4,01, A. As consideration (Consideration) for the granting, or if applicable, renewal of this easement, Grantee agrees to pay the STATE (payable to the Commissioner of the General Land Office at Austin, Texas) the sum of Sixty -Six Thousand Six Hundred Seventy -Five And 90/100 Dollars ($66,675.90), due and payable upon the execution of this Agreement. B. Past due Consideration and other past due payments shall bear interest as provided in TEX. NAT. RES. CODE Section 51.301, as amended from time to time. Failure of Grantee to make a payment on or before the date the same becomes due shall be deemed an act of default and, at the STATE's option, cause all payments to become due and payable immediately; provided, however, STATE shall give Grantee notice of such default and allow a period of thirty (30) days within which to cure the default before exercising such option to accelerate such payments. 4.02, In addition to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on or assessed against Grantee's interest in the Premises or on the Improvements constructed thereon. 4.03. Grantee agrees to and shall protect and hold the STATE harmless from liability for any and all such taxes, charges, and assessments, together with any penalties and interest thereon, and from any sale or other proceeding to enforce payment thereof. ARTICLE V. USE OF THE PREMISES 5.01. Grantee and Grantee's employees, contractors, and agents shall have the right to use the Premises for a right - of -way to construct, maintain, operate, inspect, repair, change the size of, and replace one (1) 24 -inch O.D. pipeline for the purpose of transporting domestic water (the "Improvements "). Grantee shall not change (i) the operation of the pipeline in any material respect or (ii) the category of products therein, without STATE's written permission, such permission not to be unreasonably withheld. Also, it shall not be unreasonable for STATE to (a) condition its consent on Grantee procuring and providing proof to STATE of adequate insurance to protect the Premises and (b) charge fees for (i) additional pipelines, and (ii) changes in use operation, including but not limited to, a use separate and apart from the original use contemplated by the Agreement, e.g. fiber optics and reverse flow. STATE agrees to grant or deny such permission within thirty (30) days following Grantee's request for a category use change, provided such request includes all information necessary for STATE to make an informed decision. 5.02, A. The STATE and Grantee hereby acknowledge and agree that each shall have reciprocal rights of ingress and egress to and from the Premises across contiguous or adjacent Permanent School Fund land or land owned by Grantee, provided in the exercise of this right the STATE and Grantee agree not to unreasonably interfere with the other party's (or that party's agents, assignees, or designees) use of its property. At its sole cost, risk, and expense, Grantee shall have the right of ingress and egress for the purposes authorized by Section 5.01 and such right is not granted for any other purpose. Grantee and the STATE mutually agree to coordinate the use of contiguous or adjacent Permanent School Fund land or land owned by Grantee, respectively, and to exercise such right of use only to the extent and in the manner allowed by the respective interests of the parties in the subjects lands and for the length of time necessary to provide access to and from the Premises. Notwithstanding any other provisions to the contrary, no easement is created by this Section 5.02; instead, a license is granted to the parties and their respective officers, employees, agents and contractors for the limited purposes set forth herein. B. Grantee acknowledges and agrees that the STATE's right of ingress and egress described in Section 5.02.A. of this Agreement shall be, and remain in effect as long as the Improvements and any other structure placed on the Premises by Grantee remain on the Premises, as necessary for the STATE to confirm the removal (in whole or in part) of the Improvements, and /or until any claims of liability against STATE arising in connection with the Improvements are finally resolved. Such right of ingress and egress shall survive the expiration or earlier termination ME800236 3 CUSTOMER ID: C000000881 ME PL PSF_12 28 201 Ldoc fielder of this Agreement, but only for so long as the Improvements remain on the Premises and /or any claims for liability have not been finally resolved. 5.03. A. Grantee's use of the Premises is subject to and contingent upon compliance with the following covenants, obligations and conditions (the "Special Conditions")- 1. Grantee is responsible for maintaining all structures authorized under this contract in good repair and safe condition, and in compliance with all existing state and federal regulations governing such work. 2. If a leak occurs in a pipeline, Grantee shall take all immediate action to prevent further release, as comports with industry practice or complies with applicable regulatory requirements. Grantee is required to perform mitigation and /or pay surface damage fees according to the STATE's policy ui effect at the time damages occur for any and all surface damages resulting from actions of Grantee's employees, contractors, and /or agents during the term of this easement. If mitigation is required Grantee will be notified in writing by the STATE of the terms and conditions under which the mitigation shall be conducted. Such mitigation and /or payment of damage fees shall be performed in the manner and within the time frame specified in written notice provided by the STATE to Grantee following said damages. B. Prior to any construction, installation, repair, or other activities on the Premises, Grantee shall provide written notice of all the terms of this Agreement relating to the particular activity to any contractor and/or agent involved in any such activity. On request, Grantee shall send a copy of such notice to the General Land Office, ATTN. Asset Inspection, 1700 N. Congress Avenue, Austin, Texas 78701 -1495. 5.04. STATE shall have the right to use or to permit the use of any or all of the Premises for any purpose deemed, in STATE's sole discretion, not to be inconsistent with Grantee's easement grant. STATE, its agents, representatives and employees shall have the right to enter upon the Premises at any reasonable time (or any time in case of emergency) for purposes of inspection, repair, and any other purpose necessary to protect STATE's interests therein. Except in the event of an emergency, in which case no notice is required by STATE, if STATE reasonably believes that a repair is necessary to protect the health and safety of the public, the environment, or the value of STATE's property, STATE shall give Grantee reasonable prior written notice of the necessary repair. If STATE gives such notice, and Grantee does not initiate immediate action to pursue to completion such repair with diligence, STATE may, but shall not be obligated to, undertake that repair, all costs of which shall be immediately due and payable by Grantee on STATE's demand. This Section 5.04 is for the sole purpose of providing a mechanism for STATE to respond to a situation in which immediate action is required to protect the State and /or public interest and such immediate action has not been initiated by or on behalf of Grantee. 5,05. Grantee shall not use, or permit the use of the Premises for any illegal purpose. Grantee shall comply, and will cause its officers, employees, agents, contractors and invitees to comply, with all applicable laws, ordinances, rules, and regulations of governing agencies concerning use of the Premises. 5.06. Failure by Grantee to construct, maintain and operate the Improvements in accordance with this Article V may render such Improvements "unauthorized structures" as defined under TEX. NAT. RES. CODE §51.302 and subject them to sanctions provided therein. ARTICLE VI. ASSIGNMENTS 6.01. A. Grantee shall not assign the premises or the rights granted herein, in whole or part, to any third party for any purpose without prior written consent of the STATE, which consent may not be unreasonably withheld. For purposes of this Section 6.01 A, the phrase "third party" shall not include any subsidiary or affiliate in which Grantee ME800236 4 CUSTOMER ID: C000000881 ME PL PSF l2 28 201 Ldoc jfielder owns, respectively, at least a majority percentage, or the largest plurality percentage, voting interest. B. Grantee may assign this Agreement without STATE's consent to (a) a parent entity, (b) any affiliate of Grantee controlled by the same parent entity, or (c) any subsidiary or affiliate in which Grantee owns, respectively, at least a majority percentage, or the Iargest plurality percentage, voting interest, provided that, in any of the foregoing events, (i) the resulting entity agrees in writing to assume and perform all of the terms and conditions of this Agreement, and (ii) Grantee provides notice to STATE of any such assignment within thirty (30) days of such assignment. In the event of such assignment, it is understood and agreed by both Grantee and STATE that the original Grantee remains liable to STATE under all terms and provisions of the Agreement. C. Any assignment which fails to comply with the foregoing provisions shall be void and of no effect. D. This provision and the prohibition against unauthorized assignments contained herein shall survive expiration or earlier termination of this Agreement. For purposes of this Agreement, an assignment is any transfer, including by operation of law, to another of all or part of the property, interest or rights herein granted. ARTICLE VII. PROTECTION OF NATURAL AND HISTORICAL RESOURCES 7.01. With regard to all activities authorized herein, Grantee shall use all reasonable best efforts to: (i) prevent pollution of air, ground, and water in and around the Premises, and (ii) to protect and preserve natural resources and wildlife habitat. Grantee shall comply with all applicable rules and regulations of the General Land Office, the School Land Board, and other governmental agencies responsible for the protection and preservation of public lands and waters, natural resources, and wildlife habitat. In the event of a pipeline incident that is reportable to the U.S. Department of Transportation, the General Land Office, or the Railroad Commission of Texas (or any other applicable regulatory agency) that may result in pollution of the Premises or adjacent property, Grantee shall notify the STATE immediately upon discovery of such incident, use all means reasonably available to recapture any pollutants which have escaped or may escape, and mitigate for any and all natural resource damages caused thereby. 7.02. GRANTEE IS HEREBY EXPRESSLY NOTIFIED OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966, (PB- 89 -66, 80 STAT. 915,16 U.S.C.A. SECTION 470, ET. SEQ.) AND THE ANTIQUITIES CODE, [TITLE 9, CHAPTER 191, TEX. NAT. RES. CODE[. IN CONFORMANCE WITH THESE LAWS, IN THE EVENT THAT ANY SITE, FOUNDATION, BUILDING, STRUCTURE, LOCATION, OBJECT, ARTIFACT, ITEM OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS EASEMENT, GRANTEE SHALL IMMEDIATELY CEASE ANY AND ALL ACTIVITIES, AND NOTIFY THE COMMISSIONER OF THE GENERAL LAND OFFICE AND THE TEXAS HISTORICAL COMMISSION, PO BOX 12276, AUSTIN, TEXAS 78711, SO THAT APPROPRIATE ACTION MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. IN THE EVENT THAT GRANTEE IS REQUIRED TO CEASE ACTIVITIES, THE STATE SHALL NOT BE LIABLE FOR ANY COSTS OF GRANTEE„ GRANTEE'S AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR ANY OTHER PERSON OR ENTITY AS A RESULT OF ANY INTERRUPTION OF GRANTEE'S ACTIVITIES OR INABILITY TO USE THE PREMISES AS HEREIN CONTEMPLATED. ARTICLE VIII. INDEMNITY 8.01. TO THE EXTENT PERMITTED BY LAW, GRANTEE SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE, OF ANY NATURE, ARISING OR RESULTING FROM OR ATTRIBUTABLE TO GRANTEE'S USE GRANTED HEREIN OR THE ACTS OR OMISSIONS OF GRANTEE, ITS AGENTS OR CONTRACTORS RELATED TO GRANTEE'S EXERCISE OF THE RIGHTS GRANTED HEREIN. GRANTEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE STATE, THE STATE'S OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST CLAIMS, SUIT, COSTS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING STRICT LIABILITY CLAIMS, COSTS OF COURT, ATTORNEY'S FEES AND COSTS OF INVESTIGATION OR EXPERTS, WITHOUT LIMIT AND WITHOUT REGARD TO CAUSE OF THE DAMAGE OR THE NEGLIGENCE OF ANY PARTY, (EXCEPT TO THE EXTENT OF THE PROPORTIONATE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE STATE, THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS) ME800236 5 CUSTOMER 1D: C000000881 ME PI. PSF_12 28 201 l.doc jfelder ARISING DIRECTLY OR INDIRECTLY FROM OR ATTRIBUTABLE TO GRANTEE'S USE OF THE PREMISES (INCLUDING ANY ADJACENT OR CONTIGUOUS LAND) OR FROM ANY BREACH BY GRANTEE OF THE TERMS, COVENANTS OR CONDITIONS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. ARTICLE 1X. DEFAULT, TERMINATION AND EXPIRATION 9.01 If, within thirty (30) days after receipt of written notice from the STATE specifying an act of default or breach, Grantee fails to pay any money due hereunder or continues in breach of any term or condition of this Agreement, the STATE shall have the right to terminate this Agreement and all rights inuring to Grantee herein. Should Grantee fail to cure the specified default or breach within the allowed thirty (30) day period, this Agreement shall be subject to termination, and upon such termination all rights granted herein to Grantee shall revert to the STATE. Such termination shall not prejudice the rights of the STATE to collect any money due or to seek recovery on any claim arising hereunder. 9.02. Except as otherwise provided by applicable law or rule and subject to obtaining necessary approval from state or federal agencies having applicable jurisdiction, or making best efforts to obtain such permits, Grantee shall, within one hundred twenty (120) days from the date of expiration or sooner termination of this Agreement, initiate removal of all personal property, structures, and the Improvements, and shall restore the Premises (and any other property affected by such removal activities) to the same condition that existed before Grantee entered thereon. Such removal and restoration activities shall be coordinated with the General Land Office in accordance with guidelines in effect at the time of removal /restoration which may include, without limitation, specific removal techniques required for protection of natural resources and mitigation or payment in lieu of mitigation for any and all damages resulting from removal activities, all of which shall be in accordance with generally accepted current pipeline industry standards using available technology. Grantee shall notify the STATE at least ten (10) days before commencing removal /restoration activities so that a General Land Office field inspector may be present. ARTICLE X. NOTICE 10.01. Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall be either delivered by hand, by facsimile, or sent by United States first class mail, adequate postage prepaid, if for the STATE to Deputy Commissioner, Professional Services, addressed to his attention, 1700 North Congress Avenue, Austin, Texas 78701 -1495, FAX: (512) 463 -5304, and if for Grantee, to it at PO Box 9277, Corpus Christi, TX 78469 -9277, and FAX. (361) 826 -3501. Any party's address may be changed from time to time by such party by giving notice as provided above, except that the Premises may not be used by Grantee as the sole notice address. No change of address of either party shall be binding on the other party until notice of such change of address is given as herein provided. 10.02. For purposes of the calculation of various time periods referred to in this Agreement, notice delivered by hand shall be deemed received when delivered to the place for giving notice to a party referred to above. Notice mailed in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. ARTICLE XI. INFORMATIONAL REQUIREMENTS 11.01. A. For newly constructed pipelines, Grantee shall submit to the STATE, within one hundred eighty (180) days following installation or construction of the Improvements authorized in this Agreement, an "as- built" survey and field notes prepared by a surveyor duly licensed by the State of Texas. The as -built survey shall be conducted in accordance with the STATE's survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the as -built survey when due hereunder and the continuance of such failure for thirty (30) consecutive days after the receipt of the STATE's written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the STATE may, in addition to any other remedy and in the STATE's sole discretion, ME800236 6 CUSTOMER ID: C000000881 ME PL PSF_12 28 2011. doc jfidder terminate this Agreement and require removal of any personal property and the Improvements located on the Premises in accordance with Section 9.02 of this Agreement. B. Upon receipt of the as -built survey, prepared in accordance with this Section 11.01, the STATE shall compare the as -built survey with the proposed location of the Improvements, as represented by Grantee's application to the STATE and set forth in Section 2.01 (and referenced Exhibits) hereof. If there are changes or discrepancies in the location of the hnprovements authorized by this Agreement, the STATE may either terminate this Agreement, or: (i) upon determination that the changed location results in unacceptable adverse impacts, require relocation of the Improvements to conform to the authorized right of way, or (ii) upon determination of no unacceptable adverse impacts, agree to replace Exhibit B attached hereto with a substitute exhibit denoted as Exhibit B -1. The substitute exhibit shall be consistent with the as -built survey and signed by both parties. Upon attachment of Exhibit B -1 hereto, Exhibit B shall be void and of no further effect. C. If all or any pant of the Improvements are buried, Grantee shall submit to the STATE, within one hundred eighty (180) days following installation or construction of the Improvements, a survey which includes coordinates, or at STATE's option, "depth of cover" data, prepared by a surveyor duly licensed by the State of Texas. The survey shall be conducted in accordance with the STATE's survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the survey when due hereunder and the continuance of such failure for thirty (30) consecutive days after the receipt of the STATE's written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the STATE may, in addition to any other remedy and in the STATE's sole discretion, terminate this Agreement and require removal of any personal property and the Improvements located on the Premises in accordance with Section 9.02 of this Agreement. 11.02. A. Grantee shall provide written notice to the STATE of any change in Grantee's name, address, or legal status (from a corporate entity to a partnership, etc.) and any change to other information required by this Agreement within thirty (30) days of the effective date of the change. B. Grantee shall provide to the STATE any other information reasonably requested by the STATE in writing within thirty (30) days following such request. C. If any information required to be submitted within a certain time under the terms of this Agreement shall not be received by the STATE on or before ten (10) days after the date when due, after notice to Grantee and opportunity to cure, then, at STATE's discretion, Grantee may be required to pay the STATE a "Late Charge" not to exceed One Hundred Dollars ($100.00) for each day so past due until the date on which the information is received or the Agreement is terminated, 11.03. Except with regard to initial construction /installation of the Improvements and emergencies, prior to conducting any activities at the Premises which may materially impact natural resources in or around the Premises, Grantee shall provide written notice to the STATE describing the proposed activities in detail and any procedures which will be used to protect natural resources. Such notice shall be provided by Grantee to the STATE at least sixty (60) days prior to conducting re- burial activities, and at least thirty (30) days prior to conducting major repairs, modification, or other activities. Grantee acknowledges and agrees that the STATE shall have at least twenty (20) days following receipt of the notice to review the proposed activities and to impose specific conditions for conducting such activities which, in the STATE's sole determination, are necessary to protect natural resources or to mitigate for actual damages to natural resources. If the STATE has not provided notice to Grantee within twenty (20) days following receipt of Grantee's notice, the STATE is deemed to have approved, subject to the terms of this Agreement, the proposed activities to be conducted at the Premises. In case of emergencies, Grantee may undertake all actions necessary to prevent imminent injury or damage to public health, safety or welfare, and /or to protect natural resources, and Grantee shall undertake any such actions as are, in the pipeline industry, ordinary and commercially reasonable responses to such emergencies. Within twenty -four (24) hours following such emergency actions, Grantee shall provide notice to the STATE of such actions as hereinabove provided. ME800236 7 CUSTOMER n7: C000000881 ME Pl, PSF_12 28 201 l.doc jfielder ARTICLE X1I. MISCELLANEOUS PROVISIONS 12.01. With respect to terminology in this Agreement, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Agreement shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Agreement, but such other provisions shall continue in full force and effect. 12.02. The titles of the Articles in this Agreement shall have no effect and shall neither limit nor amplify the provisions of the Agreement itself. This Agreement shall be binding upon and shall accrue to the benefit of the STATE, its successors and assigns, Grantee, Grantee's successors and assigns (or heirs, executors, administrators and assigns, as the case may be); however, this clause does not constitute a consent by the STATE to any assignment by Grantee, but instead refers only to those instances in which an assignment is hereafter made in strict compliance with Article VI above, or in the case of a deceased natural person grantee, refers to the instances previously referred to in this sentence and also circumstances in which title to Grantee's interest under this Agreement passes, after the demise of Grantee, pursuant to Grantee's will or the laws of intestate succession. The words "hereof," "herein," "hereunder," "hereinafter" and the like refer to this entire instrument, not just to the specific article, section or paragraph in which such words appear. 12.03. Neither tender nor acceptance of any sums payable hereunder nor failure by either party to complain of any action, non - action or default of the other shall constitute a waiver as to any breach of any covenant or condition contained herein nor a waiver of any of the rights hereunder. Waiver by the STATE of any right for any default of Grantee shall not constitute a waiver of any right for either a prior or subsequent default of the same obligation or for any prior or subsequent default of any other obligation. No right or remedy of either party hereunder or covenant, duty or obligation hereunder shall be deemed waived by the other party unless such waiver be in writing, signed by a duly authorized representative of the party. 12.04. No provision of this Agreement shall be construed in such a way as to constitute the STATE and Grantee joint venturers or co- partners or to make Grantee the agent of the STATE or make the STATE liable for the debts of Grantee. 12.05. In all instances where Grantee is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. 12.06. The terms of this Agreement shall only be binding on the STATE during the period of its ownership of the Premises, and in the event of the transfer of such ownership interest, the STATE shall thereupon be released and discharged from all covenants and obligations thereafter accruing, but such covenants and obligations shall be binding during the Agreement term upon each new owner for the duration of such owner's ownership. 12.07. All monetary obligations of the STATE and Grantee (including, without limitation, any monetary obligation for damages for any breach of the respective covenants, duties or obligations of either party hereunder) are performable exclusively in Austin, Travis County, Texas. 12.08. The obligation of Grantee to pay all Consideration and other sums hereunder provided to be paid by Grantee and the obligation of Grantee to perform Grantee's other covenants and duties under this Agreement constitute independent, unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for in this Agreement and not otherwise. Grantee waives and relinquishes all rights which Grantee might have to claim any nature of lien against; or withhold or deduct from or offset against, any Consideration or other sums provided hereunder to be paid to the STATE by Grantee. Grantee waives and relinquishes any right to assert, either as a claim or as a defense, that the STATE is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the STATE not expressly set forth in this Agreement. ME-800236 8 CUSTOMER ID: C000000881 ME PL PSF 12 28 2011.doc jfielder 12.09. Subject in all respects to Section 12.01 of this Agreement, this Agreement is and shall be subject to any applicable federal or state law, rule, order, or regulation presently or hereafter enacted or adopted to the extent, but only to the extent, that such law, rule, order, or regulation preempts or supersedes STATE's authority to issue this Agreement or to require any particular obligation of Grantee, provided, however, that in the event of a conflict between any provision of this Agreement and any administrative rule promulgated by the General Land Office and /or the School Land Board, this Agreement shall control. ARTICLE XIII. RECORDING 13.01. Grantee shall, at its sole cost and expense, record this Agreement in the Nucces County Real Property Records and provide a file marked copy to the STATE within 60 days after the recorded original of this Agreement is returned by the county clerk responsible for such records. ARTICLE XIV. ENTIRE AGREEMENT 14.01. This instrument, including exhibits, constitutes the entire agreement between the STATE and Grantee and no prior written, or prior or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended, changed, altered, or extended except by written instrument signed by all parties hereto. 14.02. This Agreement shall become effective only upon execution by all parties hereto and delivery of a frilly executed counterpart to each party. ME800236 9 CUSTOMER 117: C000000881 MC PL PSF_12 28 201 Ldoc jfielder IN TESTIMONY WHEREOF, witness our hands and the seal of the General Land Office. GRANTOR: THE STATE OF TEXAS GRANTEE: CITY OF CORPUS CHRISTI By: By- JERRY E. PATTERSON Commissioner, General Land Office (Printed Name) Title: Date: Date: ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on the by 1his (locunient) NolmySlunip day of Notary Public, State of My commission expires: (Nolftly Signalln v) MES00236 10 CUSTOMER ID: 0000000881 ME 11L PSF-12 28 201 Ldoc jfielder 141 IK 4 '. W 1-0 " bu :1 mer"M if I.m"A General Easement I R NOAl lf 4 11P S- C(,$,y 1 hjht (C :lo 10 1 L'Xi Guilt. 1.11 t,f ill Ciflit.v, L,RI 0 1 11TH '�f4 Exhibit B ME800236 SURVEY PLAT Page I of 2 N N RAw camiffirs SMAN - r h f aamr � s�zt en��cem f / `-J a t 4 i p s POINT or c �r 4ii fmMIN ff 9 Y >�r Nom, sr � 1 � r as 3 �'or A er WIMO E �° E:r J,90AVrA43 RUSSELL Q �GHS O �•.oq0 5241 aP`:'Q- � er1� �dtir Np StlRy�' Qo Paolaary 4y t � ] 0 -1 C XkVg DATA1 a -2 LX7F3kV6 DATA: FiIAiU9 r ?,HC�.er sAtnu9 330.Ox txmTA R 34°00'66' De]_TA �pi�t W&V LiEhXrF H 700.64' L M43TH 620.24' TM OBW +* 315ZI 3' TANGENY . aafO 701 • i. FiLM"l1 D. Dohs, Majaet —ad PPO40ssionez Lend BtrVa rya Leer- e�byy� trppy�pppti„c r MAP atmcFec, r the � 1 urxlar my dlSfeiiL200 Trite tM'�pi�. -aaY d 2002 A a- .. f� SoMe rn Feet (,�• 3000 0 5000 u oor�s 9twtA or rvKae Lia [3.241 SD' WADE WATERUNR RA$EAdENT CITY of CORPUS CHRISTI, TEXAS LENGTH = 18,646.42 FT. (f,130.08 )7ODS) OMBt r SL{TE Or nM& p1�ja9r fJe817t of Eh9(+ 6'lon Si"'MC&4 NA" Slrvey AtyislaT askv d m Foot bid& Wtwlbw &Lwa rt out of SUN Treats 'L r'W, 2V '44' S4 Wd V4: AbM0 &final La"O In AU-3 Lau-ty, Tox" Arco : RV 12OW ormso BY I RO UN q7( VINATM WN" hEREW AFC TVd49 STAW FLAl�It SOUrN TQFE L7,aC'iSed ey ! 04.W4 !gi?BAX "A$ Pen orry 4: cWtO Cmis "b.WiTLOL Prate 8541714 ' HI&R MA1EA PriA4E'CT Bp0.3Y.1 NSAP}f�S8t6NJeyllgArOSS6fL1� Exhibit B ME800236 SURVEY PLAT Page 2 of 2 Laguna Madre Water Crosslag 30' Waterline Easement STATE OF TEXAS COUNTY OF M7ECES BRING a 30 Foot Wide Waterline Easement, l5 feet on either side of the line as constructed at the location winch follOW, Out Of State Tracts " 16 , 28 , "29"'"44'? , 51, and "61 ", Public Sebool Lauri in Nueces County, Texas, This Tract being more particularly described by metes and bounds as follows. BF,GINNING at a Point in State Tract 16, Public School Lands in Nuocc9 Cotu3ty, ( Centerline End Coordinate - N 17,126,235.34', S 1,378,583.46', Tom. State Plane Coordinate System, Texas South Zone #4205, NAD83(1986); TIWNt E S64°52'O1 "E through Statc Tract "16 ", Public School sand in Nuems County, Texas, a distance of 909,25' to a Point at tho beginning of a circular curve to the lout, (Centerline Coordinate a N 17,125,849.16', E 1,379,406.62', Texas State Plane Coordinate System, Texas South Zone #4205, NAD83(1986); T=NCT through Siate'i:racts "16" and "28", Public School Land in Nucces County, Texas, an along said circular curve to the left having a Radius of 2,86493, a Central tom gl e Coordinate , N Arc Length of 700.84', and a Tangent Distance of 352.18' to a Point, es 17,125,631.68', E 1,380,071.03', Texas State Plano Coordinate System, Texas South Zone 94205, NAD83(1986); THMCF, S78 °5391 "E through State Tracts "28" and "29 ", Public School land in Mecca County, Texas, a distance of 4,817.93' to a Point at the beginning of a circular curve to the right, (Centerline Coordinate - N 17,124,702.76', E 1,384,798.56', Texas State Plane Coordinate System, Texas South Zone #4205, NAD83(1986); TMNC)& through State Traots "29" and "44", Public School Laud in Nucces County, 12°58 Texas, aong said circular curve to the right hawing a Radius of 2,336.02, a Central Angle an Are Length of529.24', and a Tangent Distance of 265.76' to a Point, (Centeftc Cooronnate N 17,124,543.02',131,385,301.94', Texas State Plane Cow'dinste System, Texas #4205, NAD83(1986); TIMCE S65 °54110 "E through State Tracts "44", "5 i ", and "61 ", Public School land in Nueoes County, Texas, a distance of 11,689.16, to a point in said State Tract "6t ", (Centerline End Coordinate b N 17,119,770.49', E 1,395,972.43', Texas State Plane Coordinate System, Texas South Zone 04205, NAD83(1986); Bearings are with reference to the Texas State Plane Coordinate System — Texas South Zone #4205, NAD83(1986). State of Texas County of Nueees 1, Russell Ochs, a Registemd Professional Land Surveyor, hereby certify that the foregoing field notes were prepared -by me from asbuilts of record and a land survey made on the ground under my direction. This the 30' day of September, 2002. Re IN ,RU ...... D. OCFES Russell D. Ochs 59-41 Stato of Texas License No. 5,241 Exhibit C Instructions For Preparing Exhibits MES00236 For The Following General Land Office Application: Miscellaneous Easements (Pipeline) Maps (or plats) showing the location of proposed and as -built projects on state -owned lands are required as part of the General Land Office (GLO) application process. The following instructions are to be followed when applying for new work (proposed project), or for reporting as -built conditions for a previously approved project, when the activity is a Miscellaneous Easement (Pipeline/Right-of-Way) on state land. The information specified below represents minimum requirements of the GLO; additional information may be requested on a project -by- project basis to facilitate a full evaluation of the proposed activity. The information should be submitted along with the required application form and processing fees. Each map or plat must conform to the specifications contained herein. An application is not considered complete, and processing of the application will not be initiated, until all information requested has been submitted and GLO staff has determined that it is adequate. NOTE: Surveys and survey plats required by other entities, Federal, State, County and/or City, are PERMISSIBLE and USABLE for GLO applications provided they meet the following requirements. IF SUBMITTING SURVEY PLATS DIGITALLY, PLEASE PROVIDE THE INFORMATION IN ONE OF THE FOLLOWING FORMATS: 1. In an ESRI format (i.e. Shape file, E00, or Geodatabase) 2. AutoDesk Map 6 or earlier version in a DWG format. 3. And Projection Information of the data set submitted. A. GENERAL INSTRUCTIONS FOR ALL APPLICATIONS: 1. Each map or plat should be 8 -112" x 1 l ". 2. A one -inch margin should be left at the top edge of each sheet for binding purposes. 3. Any shading used to identify specific areas must be reproducible by ordinary copy machines. 4. Each map or plat submitted must have a title block identifying, at a minimum: (a) applicant name; (b) applicant address; (c) project name; (d) date of preparation; (e) name of preparer, and (f) project location as follows: (1) if on state -owned uplands, then provide county, survey name (original grantee) and, as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number; (2) if on submerged land, then provide county name, waterbody name, and state tract number. 5. The scale for each map or plat must be clearly indicated both digitally and by graphic scale. 6. Vicinity Maps -- Exhibit A for each project application must be a Vicinity Map showing the general location of the proposed work. The Vicinity Map must be produced using a U.S.G.S. 7.5- minute topographic map, a Texas Department of Transportation County Road Map, or navigation chart as its base layer. The project location should be indicated by a prominent arrow on the map. An 8 112" x 11" Xerox copy from the original Topo, county map, or navigation chart showing the project location is sufficient. It is not necessary to submit the entire Topo or county map, so long as the map is appropriately identified as to the origin of the base information (e.g., name, and date of base map information used). This is most easily accomplished by copying the legend of the base map and making it part of the Vicinity Map. 7. Project Site Map -- Exhibit B for each project application should be a Project Site Map (in Survey Plat format) which provides specific project location information. The Project Site Map should be produced at sufficient scale and detail to enable field inspectors to locate the project on the ground with minimal difficulty. Demographic features such as road numbers, stream names, railroad crossings, corporate city limits, and other prominent locative features should be included on the Project Site Map. The project location should be indicated by a prominent arrow on the map and a North arrow must be provided. Annotation may be included on the map regarding distance of the project from known points (e.g., highway intersections, road stream crossings, etc.). Additional requirements for preparing Project Site Maps are provided in Section B of this document. 8. Detailed Project Plan -- Exhibit C for each project application should be a Detailed Project Plan, consisting of an aerial plan - view drawing and a cross - sectional drawing of all proposed or existing structures on state -owned lands at the project site. Page 1 of the Detailed Project Plan should contain, at a minimum: a. Location of the shoreline or banks if the project is on or adjacent to tidally influenced waters or crosses a state -owned river, stream, creek, or bayou. b. The direction of ebb and flow if in or adjacent to tidal waters, or the direction of water flow if the project crosses a river, creek, stream, or bayou. c. A North arrow. d. The location of state tract lines (on tidally influenced lands), survey lines, or property lines, as applicable. e. The location of any marshes, submerged grass flats, oyster reefs, mud or sand flats, or other sensitive natural /cultural resources known to exist in the project area. f. The lines of mean high water and mean low water when applicable. g. The Detailed Project Plan cross - sectional drawing must include notation as to the outside diameter (OD) of all pipelines covered by the easement, and the relationship of the pipeline(s) to any other pipeline(s) in the immediate vicinity. h. The registration, easement, or lease numbers for any structures at the site previously authorized by the GLO (available from GLO field offices upon request). i. Any applicable Corps of Engineers application numbers covering the proposed work, as soon as that application number is available, but, in any event, prior to issuance of the easement. Page 2 of the Detailed Project Plan should contain, as applicable, an explanation of construction methodology, techniques, and equipment that will be used at the site. 9. As -Built Survey -- A survey showing the depth of burial must be furnished for all projects on state -owned tidally influenced lands (Gulf of Mexico, bays, estuaries, etc.), crossings of state -owned rivers /streams /creeks/bayous. The survey shall show plan view only for projects on state -owned upland tracts. Failure to provide this information is, by terms of the state contract, grounds for termination of the easement and removal of the structure from state -owned land. New Pipeline Installations; Each application for installation of a new pipeline must include with the application a profile drawing showing the proposed depth of burial at not fewer than 36" below the surface. GLO will issue an easement using the proposed ROW and depth of burial information. Following installation of the pipeline, however, the applicant is required by terms of the GLO contract to provide a survey of actual burial depth measurements for that portion of the ROW length occupying state -owned land. The spacing between depth -of- burial measurement points is a function of the length of ROW. If the easement length is less than 500 feet, the depth of cover of the structure and waterway bottom elevation shall be determined at intervals not to exceed 50 feet. If the easement length is greater than 500 feet but less than 5,000 feet the interval between measurement points shall be 100 feet. Easements greater than 5,000 feet in length shall be surveyed at 250 -foot intervals. All work shall be performed under the supervision of, and sealed by, a registered professional land surveyor. All submitted drawings must be sealed by the supervising registered public land surveyor. All elevations must be referenced to a common datum (Mean Sea Level, National Geodetic Vertical Datum, Mean Low Water, etc.) and grid coordinates must reference Texas State Plane coordinate System of 1927 or 1983. The accuracy of the waterway bottom and pipeline elevations shall be +l- one -half (.5') foot for the waterway bottom and +I- one -half (0.5') foot for depth of burial less than or equal to 10 feet and +/-fifteen (15 %) percent for depth of burial greater than ten (10) feet. Manual probing and electronic means (both active and passive) of survey type shall be acceptable for depth of burial determinations. Existing Pipelines: At time of renewal of a contract for an existing underground pipeline easement, provide the data as required under Section 3.02.(iv) of this easement contract. CERTIFICATION BY A TEXAS REGISTERED PUBLIC LAND SURVEYOR IS REQUIRED ON ALL OF THE FOLLOWING WITH THE EXCEPTION OF DIRECTIONALLY DRILLED WELL BORE LOGS. B. SPECIFIC INSTRUCTIONS: Maps or Survey Plats to be submitted as the Project Site Map and /or the Detailed Project Plan (see A7 and 8 above) must contain the information described below. Upland survey data should be reported to normal boundary land surveying minimum standards, Offshore or submerged sites shall be located to a specified accuracy of +/- 5 feet of any reported location. 1. Projects located on Tidally Influenced State -owned lands (Including the Gulf of Mexico, bay tracts, and the tidally influenced portions of rivers, creeks, streams, and bayous): Coordinates must be provided at the beginning and ending points of the Rights -of -Way (ROWS) centerline, or on the principal point or points of tracts described by other means (directional well bores, etc.). These coordinates must he based on the Texas State Plane Coordinate System of 1927 or 1983. Courses and distances must be specified as either grid or geodetic for all centerlines and perimeter lines, and ties must be made from specific improvements (e.g., well heads, platforms, pilings, etc.) to a corner or corners of the lease or easement tract. All submerged state land tracts crossed by any part of the ROW must be shown and identified, and the points of each ROW crossing of a state -tract boundary identified in the Texas State Plane Coordinate System of 1927 or 1983. The distance between crossings of a state -tract boundary must be indicated in both feet and rods on the plat. As -built plats (and confirmation surveys at time of renewal) must give bearing and distance between angle points along the casement route. In the event no angle points exist along the course of the ROW, the plat shall provide a minimum of one identified point for each 1,000 feet of ROW length. A ROW less than 1,000 feet long but greater than 500 feet in length requires one mid -point to be identified on the survey plat. 2. Projects Across State -owned Upland Property, or the state -owned portion of a river, creek, stream, or bayou above the limit of tidal influence: U. Upland Tract (State Fee Lands): For new project applications, information provided for projects on state -owned upland tracts shall include the beginning and end points of the easement centerline, identified by coordinates on the Texas State Plane Coordinate System of 1927 or 1983, and shall include course and distance of all segments of the proposed easement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included, along with the survey name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number of all surveys abutting the easement. At completion of construction, or at time of renewal, an as -built plat or confirmation survey (whichever is applicable) must be submitted. This plat must give bearing and distance between angle points along the casement route. In the event no angle points exist along the course of the easement route, the plat shall provide a minimum of one identified point for each 1,000 feet of length. For casement routes, fewer than 1,000 feet long but greater than 500 feet long, one mid -point shall be identified on the survey plat. b. Crossing the State -owned portion of a river, creek, stream, or bayou above the limit of tidal influence. Information provided for projects crossing non -tidal state -owned rivers, creeks, streams, or bayous shall include an identification of the stream or water body by local and any other names known (historic, from topographic or other maps, etc.). In addition, the beginning and end points of the easement centerline, identified by coordinates on the Texas State Plane Coordinate System of 1927 or 1983, and shall include course and distance of all segments of the casement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included, along with a cross section or profile of the crossing between the top of the high banks, survey name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number of all surveys abutting the easement. 30' WATERLINE EASEMENT CITY COUNCIL EXHIBIT TEXAS GENERAL LAND OFFICE Clrr OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ME 800236 PAGE: 1 of 1 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�Deerrni TenrJrneRtG (innh urlinry SSG, NO! NOT) /1 �1 ..................... _..- .._..- --......... ...... _........_ ... ..ns_G'nrx�eninniern...ef_.. •rirenm tal.11ualityL(TTI-_EQ) PeFFnit6 Arra.._ _.d- _ _....t........__.... ._.................._ _ . �Ren �T-�� -err -v l , l , l w, . ,I ,� rn� Gernmission (T-HG) ! i I I C Ginter ..nrJ 1141i1rllife Senrir.e (I IQC11t1C) ('urns of Engineers (I ICAGq k. URIted States Finvir9nmental DreteGtion AgenGy (LJSF=��\ I. Texas Department of Licensing and Regulation (TDLR) J M, Texas General I :;Ad offine (Tel ('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 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 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 29, 2013 852 Action Item for the City Council Meeting of February 12, 2013 DATE: January 14, 2012 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager — Business Support Services WesP@cctexas.com (361) 826 -3356 Amended Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau. CAPTION: Motion authorizing the City Manager, or designee, to execute an Amended Consulting Services Agreement ( "Agreement ") with the Corpus Christi Convention and Visitors Bureau ( "CVB ") for a period ending July 31, 2015 PURPOSE: The purpose of this item is to amend the Consulting Services Agreement between the City of Corpus Christi and the Corpus Christi Convention & Visitors Bureau. BACKGROUND AND FINDINGS: On November 16, 2010, Council approved a motion authorizing the City Manager to enter into an amended consulting agreement with the CCCVB for a period extending from November 1, 2010 to July 31, 2015. Since then, several developments have warranted an amendment to the consulting agreement. First, on May 22, 2012, the City entered into a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the Schlitterbahn Beach Country project. The consulting agreement will now exclude all hotel occupancy tax receipts generated by Schlitterbahn Beach Country from being included in formulating the compensation paid to CCCVB for their services. Second, the Special Marketing Fund provision has been removed as it was intended to be a temporary solution to a short -term City funding concern that is no longer an issue. Third, confusion over the number of individuals nominated to fill available positions has been resolved with the specification of two more individuals than the total number of positions available. ALTERNATIVES: None that would staff would recommend. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to requirements for approval of contracts EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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: Original contract approved in November 2010. This action reduces the City's obligation. RECOMMENDATION: Staff recommends approval of the motion. LIST OF SUPPORTING DOCUMENTS: Amended Contract AMENDED CONSULTING SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU This Amended Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation ( "City ") and the Corpus Christi Convention & Visitors Bureau ( "CCCVB "), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales lax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; and WHEREAS, CCCVB has professional personnel who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1.01. CCCVB shall perform the following services in a satisfactory and proper manner, as determined by the City Manager or the City Manager's designee. 1.02. The CCCVB shall solicit various organizations and associations to conduct meetings /conventions /tradeshows within Corpus Christi year- round. These target organizations will be identified by CCCVB. In addition, CCCVB will utilize various advertising /marketing techniques to promote City of Corpus Christi as a desirable year -round meeting /convention destination. 1.03. CCCVB shall promote the City of Corpus Christi as a year -round tourism destination. Those services must include, but are not limited to, information services, web site, attendance at travel /trade /shows, e-mail requests, phone inquiries, advertising, public relations special promotions, and packaging. 1.04. CCCVB shall design and implement an advertising campaign with state, national, and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings. Page 1 of 11 CCCVB Amded Agmt 8 -2 -12 1.05. CCCVB shall provide support services to conventions in Corpus Christi. 1.06. CCCVB shall operate visitor information centers, as CCCVB deems appropriate, which must make referrals to City attractions, including, but not limited to, the Texas State Aquarium, U.S.S. Lexington, Corpus Christi Museum of Science and History, American Bank Center and Whataburger Field, as well as other area attractions. 1.07. CCCVB shall provide Information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area. 1.08. CCCVB shall advise the City on projected growth of tourism and convention - related business for the next five years to assist City planning efforts. 2. APPROPRIATIONS AND AUDIT 2.01. CCCVB shall make a quarterly presentation to the City Council regarding CCCVB's programs, projects, operations and expenditures. 2.02. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each 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 2.03. CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle City funds with any other funds. 2.04. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of CCCVB. 2.05. Interest earned on funds contributed to CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for CCCVB use within the convention and visitor fund account. 2.06. The parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.07. CCCVB shall provide an Independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending July 31. 2.08. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. 2.09. Early reports of an independent audit of the CCCVB's expenditures and revenues Page 2 of 11 CCCVB Amded Agmt 8 -2 -12 during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles (GMP) must be submitted to the City Manager within ninety (90) days after the end of each fiscal year that this Agreement is in effect. 2.10 City shall have the right during each calendar year or fiscal year to authorize an audit of CCCVB's records pertaining to its revenues and expenditures of funds allocated under this agreement. Such audits shall be undertaken by City's staff or a firm of Certified Public Accountants satisfactory to City. The cost of such audit shall be paid by City. 3. RECORDS. 3.01. The books of account of the convention and visitor fund held by CCCVB must be maintained in a form approved by the City's Director of Finance, and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of CCCVB. Records must be maintained for at least 3 years after the expiration or termination of this agreement. 4. REPORTS. 4.01. By July 31 of each year the CCCVB shall provide City Manager with a Business /Marketing plan that outlines the overall objectives of the CCCVB. The Plan must describe the plan of action for the upcoming year, including strategic markets; a line item budget; and significant initiatives. Opportunities to promote city funded venues must be specifically identified and included in the plan. Other information necessary to describe the CCCVB's efforts must be included, as well. 4.02. Performance Reports: The CCCVB shall periodically report to the City Council on the activities and work accomplished. The CCCVB shall make any special presentations or prepare specific reports, if requested by the members of the City Council, within 30 days of the request. 4.03. Annual Reports. The CCCVB shall report annually on the outcomes of the performance measures presented in the Business /Marketing plan for the previous year. The Annual Report is due within sixty (60) days after the end of each fiscal year while this Agreement is in effect. 5. PERFORMANCE MEASURES. 5.01. The performance of the CCCVB under this agreement is based on level of hotel occupancy tax earned. 5.02. CCCVB shall be deemed to have met its performance requirements for a particular fiscal year if the amount of 7% portion of the hotel occupancy tax earned and received by City for that CCCVB fiscal year meets or exceeds the minimum threshold of $6,200,000. 5.03. Subject to the approval of the City Manager, the CCCVB shall, before undertaking any special marketing campaign that is specifically funded by the Special Marketing Fund, project the percentage increase in anticipated increase In Hotel Occupancy Tax Page 3 of 11 CCCVB Amded Agmt 8 -2 -12 ( "HOT ") revenues are expected over the prior three year rolling average of HOT revenues. 5.04. CCCVB's fiscal year begins August 1 and ends July 31. 6. CONDUCT OF SERVICES 6.01. All of the Services provided by th e conformity with the purposes for which authorized in the laws of the State of Texas 7. BOND. CCCVB under this Agreement must be in the HOT revenues may be expended as 7.01. The officers and employees of CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond must be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form as to be approved by the City Attorney. 8. COMPENSATION. 8.01. The City agrees that for the convention and visitor services performed by CCCVB under this Agreement, the City shall pay CCCVB annually the sum of 40% of the City's 7% hotel occupancy tax receipts received by the City for the CCCVB's current fiscal year, but specifically excepting all hotel occupancy tax receipts received by the City that are generated from any and all districts of the Schlitterbahn Beach Country project described in the Chapter 380 Economic Development Incentive Agreement Between the City of Corpus Christi, Texas and Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD approved by the City Council by Resolution No. 029487 on May 22, 2012 ( "Schlitterbahn "), divided into monthly payments described in Section 8.02. The amount to be paid to CCCVB is referred to in this Agreement as the Base Amount. Provided, however, that should hotel /motel tax receipts received by the City for the twelve months ending March 31 in any year fall below $6,200,000, the Base Amount for the following fiscal year may be renegotiated. Each of the above amounts must be calculated based upon the amount of City hotel /motel tax receipts received by the City, excluding the two percent increase adopted in 1999 for convention center expansion and revenues authorized to clean and maintain public beaches by Chapters 156 and 351, Texas Tax Code. 8.02. During the term of this Agreement, the City shall pay to CCCVB a sum equal to one - twelfth of the total annual amount payable to CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month; provided however, the City Manager is authorized to alter the payment schedule to increase payments early in the year if the payments are justified by documentation provided by CCCVB. 8.03. CCCVB may be entitled to additional incentive payment, to be calculated as follows: excluding all hotel occupancy tax receipts received by the City that are generated Page 4 of 11 CCCVB Amded Agmt 8 -2 -12 from any and all districts of Schlitterbahn, and excluding the 2% dedicated to repay the debt on the American Bank Center and amounts authorized by State law for use to clean and maintain public beaches, CCCVB shall receive 55% of the City's 7% hotel tax receipts, only for amounts of the City's 7% hotel tax receipts that exceed the 3 year rolling average by more than 5 %, adjusted for the rate of inflation or deflation as the reported in the Houston - Galveston - Brazoria, TX CPI . The 3 year rolling average is the average of the City's 7% hotel tax receipts for previous three fiscal years. For example, suppose the amount of hotel tax receipts for calendar years 2007 through 2009, after being adjusted for inflation or deflation, is as follows: Fiscal Year Amount of 7% hotel tax rece 2007 $6,000,000 2008 $6,180,000 2009 $6,365,400 2010 $6,750,000 The 3 year rolling average for fiscal year 2010 is $6,181,800, the average of the receipts for years 2007, 2008, and 2009. The amount that exceeds the three (3) year rolling average by more than 5% would be $6,490,890 ($6,181,800 X 105% equals $6,490,890). Therefore, in this example, the incentive base to CCCVB in fiscal year 2010 would be the difference between collections of $6,750,000 and $6,490,890, which equals $259,110. Therefore, 55% of $259,110, or $142,511, would be paid as an incentive to the CCCVB. Any year in which a limited number of events or groups cause a disproportionate increase in the HOT collections, the prior year's HOT collection plus 5% will be substituted for the actual collection for that year. (The example above does not reflect any adjustments for inflation or deflation.) 8.04. The City reserves the right to renegotiate in the second year of this agreement an increase in the threshold required to be surpassed for the CCCVB to be eligible for the increased incentive payment (i.e., current rate is 5 %). 8.05. The City reserves the right to renegotiate the CCCVB's accountability for return on investment on the expenditures of the Special Marketing Fund in the second year of the agreement. 8.06. To receive an incentive payment, CCCVB must be in compliance with all terms of this Agreement. 9. BOARD OF DIRECTORS 9.01. The affairs of the CCCVB shall be governed by a board of directors ( "Board "), which must be composed of eleven (11) members selected directly by the City Council of the City. The members must be representatives of the following groups: 2 members from the hotel industry; 2 members from the attraction industry; Page 5of11 CCCVB Amded Agmt 8 -2 -12 2 members from the restaurant industry; and 5 members from the community at large. 9.02 The Mayor and City Manager, or their designees, shall serve as ex- officio advisory non - voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Corpus Christi International Airport, and a representative from the Regional Transportation Authority to serve as ex- officio advisory non - voting members 9.03. Appointments to the Board will be for staggered, two -year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 9.04. The CCCVB may make recommendations to the City Council for directors as directors' terms expire, but the CCCVB always shall nominate two (2) more individuals than the total number of positions available. The City Council will provide serious consideration to the Board's recommendations, but is not restricted to select members submitted by the CCCVB or any other group. 9.05. Unexcused absences from more than twenty five (25) percent of regularly scheduled meetings during a term year must result in an automatic vacancy, which vacancy must be promptly reported to the City Council. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligible, may not be precluded from reappointment by reason of the automatic vacancy. 9.06. CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a President /Chief Executive Officer to exercise day to day management and administration of CCCVB. 9.07. The Board of Directors will operate under bylaws developed by the Board. Changes to the bylaws may be made only by a two - thirds vote of CCCVB's Board of Directors. No change in bylaws may be considered, which is inconsistent with any provision of this Agreement, The City Manager will be notified of any proposed changes to the bylaws at least two weeks prior to the adoption of the bylaws by the Board of Directors. 9.08. CCCVB agrees that meetings of its board of directors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary for the purpose of discussing proprietary business. 9.09. The City and CCCVB agree that in no event may the City be liable for any contracts made by CCCVB with any person, firm, corporation, association, or governmental body. 9.10. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjudged against CCCVB arising from its operations, or Page 6 of 11 CCCVB Amded Agmt 8 -2 -12 the use or maintenance of its facilities. 10. TERM AND TERMINATION 10.01. The term of the Agreement commences as of November 1, 2010 and continues until July 31, 2015, subject to termination as provided in this Agreement. 10.02. Either party may terminate this Agreement at anytime for any reason by giving one year's prior written notice to the other party. In the event the City cancels this Agreement upon one year's notice, the City assumes any obligations of the convention and visitor's fund with a term of less than one year and any other obligation approved In advance by the City Manager. The City reserves the right to terminate the contract without notice for cause. 11. MISCELLANEOUS 11.01. This Agreement constitutes a novation and supersedes all other contracts and understandings previously made between the City and CCCVB. 11.02. CCCVB specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No change of name or use of additional names may be deemed a modification of this Agreement. 11.03. CCCVB shall comply with all applicable Federal, State, and local laws, rules and regulations in providing services under this agreement. 11.04. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit In the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: Ronald L. Olson, City Manager 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas 78469 CCCVB: Corpus Christi Area Convention & Visitors Bureau 1201 Shoreline Drive Corpus Christi, Texas 76401 Attn: Chief Executive Officer 11.05. If for any reason any section, paragraph, subdivision, clause, phrase, word, or Page 7 of 11 CCCVB Amded Agmt 8 -2 -12 provision of this Agreement 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 Agreement, for It is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given full force and effect for its purpose. 11.06. No amendments, modifications, or other changes to this Agreement are valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute but one and the same instrument. 11.07. It is understood and agreed that CCCVB may copyright, to the use and benefit of the City of Corpus Christi, any material or document it deems appropriate and qualified for copyright and may administer the copyrights for the City during the term of this Agreement. 11.08. CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. Executed on the dates indicated below binding the respective parties as of the date of last signature. CITY OF CORPUS CHRISTI, TEXAS By: Ronald L. Olson City Manager Date: ATTEST: Armando Chapa City Secretary CORPUS CHRISTI CONVENTION & VISIT RS BUREAU By :Q_ ith Arnold Chief Executive Officer Date: I t / �c71 EXHIBIT A Page 8 of 11 CCCVB Amded Agmt 8 -2 -12 INSURANCE REQUIREMENTS CCCVB'S LIABILITY INSURANCE A. CCCVB may not commence work under this agreement until all Insurance required in this Agreement has been obtained and the City has approved the insurance. CCCVB may not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. CCCVB must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy 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 and Property Damage Per non - renewal, termination, or material occurrence /aggregate change is required on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability PROFESSIONAL LIABILITY: Coverage $1,000,000 COMBINED SINGLE LIMIT provided must cover officers, directors, employees and agents, including: 1. ERRORS and OMISSIONS In the event of accidents of any kind, CCCVB must furnish the City's Risk Manager with copies of all reports of accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. CCCVB's financial integrity is of interest to the City; therefore, subject to CCCVB's right to maintain reasonable deductibles in such amounts as approved by the City, CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension of the Agreement, at CCCVB'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. Page 9 of 11 CCCVB Amded Agmt 8 -2 -12 B. The City is entitled, upon request and without expense, to receive copies of the policies, declarations pages, and all endorsements to the policies, 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 to this Agreement or the underwriter of any such policies). CCCVB shall comply with any 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. CCCVB shall pay any costs incurred resulting from the changes. All notices under this Exhibit must 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 C. CCCVB agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, with respect to operations and activities of, or on behalf of, the named Insured performed under this Agreement with the City, with the exception of the workers' compensation and professional liability policies. 2. 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. 3. 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. D. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. The City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance constitutes a material breach of this contract. E. In addition to any other remedies the City may have upon CCCVB's failure to provide and maintain any insurance or policy endorsements to the extent and within the time required, the City has the right to order CCCVB to stop work under this Agreement, and may withhold any payment that becomes due to CCCVB under this Agreement until CCCVB demonstrates compliance with the requirements of this Exhibit. F. Nothing in this Exhibit may be construed as limiting In any way the extent to which Page 10 of 11 CCCVB Amded Agmt 8 -2 -12 CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractors' performance of the work covered under this Agreement. G. It is agreed that CCCVB's Insurance is 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 Agreement. H. It is understood and agreed that the insurance required by this Exhibit is in addition to and separate from any other obligation contained in this contract. Page 11 of 11 CCCVB Amded Agmt 8 -2 -12 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 29, 2013 1852 Action Item for the City Council Meeting of February 12, 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 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Execute Change Order No. 2 McBride Lift Station Force Main Replacement CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with Bridges Specialties, Inc. of Sandia, Texas in the amount of $108,517.05 for the McBride Lift Station Force Main Replacement. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Change Order No. 2 for the McBride Lift Station Force Main Replacement Project. BACKGROUND AND FINDINGS: Change Order No. 2 provides for additional funds to accommodate additional required construction to complete the project. The additional construction required is a result of unforeseen changes including the need to bore under the existing roadway within Texas Department of Transportation (TxDOT) right -of -way, as per TxDOT permit and underrun of various bid items. Cost Summary: • Trench Safety (Bore Pit) $ 75,000.00 • Jacking, Boring, or Tunneling (36 —inch Steel Casing) $ 58,894.65 • Underrun of Various Bid Items - $ 25,377.60 Total cost for unforeseen changes $108,517.05 ALTERNATIVES: 1. Execute Change Order No. 2 as recommended. 2. Do not execute Change Order No. 2. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Tex. Loc. Gov't Code § 252.048 regarding Change Orders; FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: 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 $567,800.00 $2,372,000.00 $2,950,000.00 $5,889,800.00 Encumbered / Expended Amount $567,800.00 $1,609,766.95 $2,177,566.95 This item $108,517.05 $108,517.05 Future Anticipated $189,038.00 $189,038.00 Expenditures BALANCE $0.00 $464,678.00 2,950,000.00 $3,414,678.00 Fund(s): Wastewater CIP #6 Comments: Change Order No. 2 adds 40 calendar days, with anticipated completion approximately March 2013. Thus, funding for this contract will only be required during Fiscal Year 2012 -2013. RECOMMENDATION: City staff recommends that Change Order No. 2 be executed with Bridges Specialties, Inc. in the amount of $108,517.05 for the McBride Lift Station Force Main Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order Summary PROJECT BUDGET ESTIMATE MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT Future Item for the City Council Meeting of January 29, 2013 Action Item for the City Council Meeting of February 12, 2013 FUNDS AVAILABLE: Wastewater CIP ................................................................. ............................... $5,889,800.00 FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) ................................... ............................... 1,718,524.12 Contingencies (10 %) 171,852.88 Consultant Fees: Consultant Design (Arcadia U.S., Inc.) * ................................. ............................... 361,626.00 Construction Materials Testing (Rock Engineering) .................... ............................... 34,081.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ...... ............................... 38,667.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 60,148.00 Costruction Observation Services** ........................................ ............................... 60,148.00 Finance............................................................................ ............................... 21,482.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 8,593.00 TOTAL............................................................................. ............................... $2,475,122.00 ESTIMATED PROJECT BUDGET BALANCE ......................... ............................... $3,414,678.00 * Original Consultant Design Contract awarded on November 11, 2003 by Motion No. 2003 -400. * *Construction Observation Services are not included in Consultant Design Contract. DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET Future Item - January 29, 2013 Action Item — February 12, 2013 PROJECT: McBride Lift Station Force Main Replacement (Project No. 7287) APPROVED: City Council Motion No. 2012 -092 on May 15, 2012 CONTRACTOR: Bridges Specialties, Inc. 117 Stovall Sandia, Texas 78383 TOTAL CONTRACT AMOUNT (May 15, 2012) $1,593,083.32 Motion No. 2012 -092 25% Limit Amount $398,270.83 Change Order No. 1 (December 12, 2012) $16,923.75 Administrative Approval Change Order No. 2 (January 29, 2013) $108,517.05 Motion No. M2013- TOTAL All Change Orders $125,440.80 17.02% < 25% NEW CONTRACT PRICE $1,718,524.12 C:\ Users \hollyt\AppData \Roaming \L5\ Temp\ 7a3d3664 -1 f11- 4df6- 97c0- 653fc3a48dfa.d oc M ro'ect councilexhibits exh7287b.dw N 0 �ti3j a PROJECT D �AR,�FRRO LOCATION D �O D �F °pARO D Y 'y3j � 000 DD Q Do 00 W � DDD _ ° LE D Oa oa�oD SOD a DD � DD DaOo � D DD AGNES HE DD � AGN ES D Do O_ ui 73 O O O uj a Y CCIA O °DDD Z an DO _ MCGLOIN ROAD C�D BEAR D D�DDD LOCATION MAP NOT TO SCALE PROJECT #7287 McBRIDE LIFT STATION CITY COUNCIL EXHIBIT FORCE MAIN REPLACEMENT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 FAR • Y�t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of January 29, 2013 Action Agenda Item for the City Council Meeting of February 12, 2013 DATE: January 16, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS WITH TXDOT SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street (Bond 2012) AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation ( TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street, with the City's participation in the amount of $950,000. (Bond 2012) PURPOSE: The SPID Ramp Reversal on the southside of SPID (SH 358) will alleviate congestion and improve safety at the off ramps between Nile Drive and Ayers Street. Currently the SPID (SH 358) east bound traffic backs up onto the outside travel lane at the off ramps which reduces capacity of SPID and increases risk of accidents due to unexpected stopped traffic. The ramp reversal will allow the free flow of traffic on and off of east bound SPID from Nile Drive to Ayers Street. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to acquire right -of -way for the SH 358 (South Padre Island Drive) Ramp Reversal from Nile Drive to Ayers Street. This agreement also includes the City's share for reimbursement of relocating and adjusting utilities in conflict with the newly acquired right -of -way. This will include City and non -city utilities which are currently outside the existing right -of -way but will be within the newly acquired right -of -way. The cost for relocating city utilities within the newly acquired project right -of -way, will be fully reimbursed by TxDOT after work is complete and costs are known. K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 29 \RAMP REVERSAL \MEMO - RAMP REVERSAL.DOCX The City of Corpus Christi will contribute $950,000 for right -of -way acquisition and reimbursement of eligible utility adjustments. The City of Corpus Christi contribution includes the cost of acquiring the right -of -way and relocating or adjusting utilities for the proper improvement of the State Highway System, due upon full execution of the Agreement to Contribute Right -of -Way Funds. ALTERNATIVES: 1. Approve the Resolution for the Agreement to Contribute Right of Way Funds which will allow TXDOT to continue with right -of -way acquisition. 2. Do not approve the Resolution for the Agreement to Contribute Right of Way Funds. OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub - chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 21 Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / Expended Amount This item $950,000.00 $950,000.00 BALANCE $200,000.00 $200,000.00 Fund(s): Bond Issue 2012, Proposition No. 1 Streets, Streets CIP Project No. 21 Future TXDOT Participation Comments: Reserve monies utilized for future projects. This project will be funded by Bond Issue 2012 Future TXDOT Participation. It will be reimbursed by Bond Issue 2004 and Bond Issue 2008 Funds at a future date as funding allows. TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $950,000. This is an estimate; and the final amount of the City's participation will be based on actual costs. K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 29 \RAMP REVERSAL \MEMO - RAMP REVERSAL.DOCX RECOMMENDATION: It is recommended to execute the Agreement to Contribute Right -of -Way Funds with the Texas Department of Transportation (TXDOT) for the project's scope of TXDOT's SH 358 (South Padre Island Drive) Ramp Reversal from Nile Drive to Ayers Street, with the City's participation in the amount of $950,000. LIST OF SUPPORTING DOCUMENTS: Location Map K: \ENGINEERING DATAEXC HANG E\LYN DA\LEG I STARTY 13 \1 -JAN 29 \RAMP REVERSAL \MEMO - RAMP REVERSAL.DOCX SH 358 (South Padre Island Drive) CITY COUNCIL EXHIBIT form Nile to Ayers Street Right of Way CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES (ROW) and Utility Adjustment PAGE: 1 of 1 County: NUECES District: CORPUS CHRISTI -16 ROW CSJ #: 0617 -01 -172 CCSJ #: 0617 -01 -170 and 0617 -01 -177 Federal Project M. Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State ", and the City of Corpus Christi, Texas, acting through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the "Project"; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated .20___, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment 8, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute ROW Funds Page 1 of 10 Revised 08/30/2011 County. NUECES District CORPUS CHRISTI -16 ROW CSJ t.. 0617 -01 -172 CCSJ It 0617 -01 -170 and 0617 -01 -177 Federal Project * Federal Highway Administration CFDA # 20.205 Not Research and Development reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property Interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. E. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund.' The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds In the escrow account may only be applied to this highway project. F. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another agreement with approval by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement, this refund provision is subject to the limitation described below in Article 4 (Real Property in Lieu of Monetary Payment). G. The State will not pay interest on any funds provided by the Local Government. H. In the event any existing, future, or proposed Local Govemment ordinance, commissioners court order, rule, policy, or other directive. Including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any Increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all those Increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Loral Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. I. If the Local Government is an EDC and If the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. J. If the Project has been approved for a "fixed price" or an "incremental payment' non- standard funding or payment arrangement under 43 TAC §15.52, the budget In Attachment C will dearly state the amount of the fixed price or the Incremental payment schedule. 4. Real Property In Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair Agreement to Contribute ROW Funds Page 3 of 10 Revised 08/30/2011 County: NUECES District CORPUS CHRISTI -16 ROW CSJ #: 0617 -01 -172 CCSI #: 0617 -01 -170 and 0617 -01 -177 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development market value established as of the effective date of this agreement The fair market value shall not include Increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is dearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall Include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Govemmenrs funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Govemmenrs matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Govemment. applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Govemmenrs matching share of the fight of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terns of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement G. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Agreement to Contribute ROW Funds Page 4 of 10 Revised 08/30 12011 The Honorable Nelda Martinez Mayor of the City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 County. NUECES District: CORPUS CHRISTI -16 ROW CSJ M 0617 -01 -172 CCSJ #: 0617 -01 -170 and 0617 -01 -177 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development State: Director of Right of Way Division Texas Department of Transportation 125 E. 11 a, Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party'may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. T. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held Invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the Invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither 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. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations; and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Agreement to Contribute ROW Funds Page 5 of 10 Revised 08/30/2011 County: NUECES District: CORPUS CHRISTI -16 ROW CSJ M 0617 -01 -172 CCSJ * 0617 -01 -170 and 0617 -01 -177 Federal Project It Federal Highway Administration CFDA # 20.205 Not Research and Development 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor 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. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. Agreement to Contribute ROW Funds Page 6 of 10 Revised 08/30/2011 County. NUECES District: CORPUS CHRISTI -16 ROW CSJ It 0617 -01 -172 CCSJ * 0617 -01 -170 and 0617 -01 -177 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: 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 DOT - assisted contracts. Failure by the contractor to cant' 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. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that 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 agneement, the Local Government 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. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties 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. S. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to (Report Lobbying," In accordance with Its instructions. Agreement to Contribute ROW Funds Page 8 of 10 Revised 08/30/2011 Signatory Each signatory ! ! ry has necessary authority to execute this agreement on behalf of the entity represented. # ! ' ! # "Mil Title John P. sir Director, Right of Texas Department of Transportation Agreement to Contribute ROW Funds Page 10 of 10 Revised 08/30/2011 County: NUECES District CORPUS CHRISTI -16 ROW CSJ #: 0617 -01 -172 CCSJ A 0617 -01 -170 and 0617 -01 -177 Federal Projed * Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County. NUECES District: CORPUS CHRISTI -16 ROW CSJ V. 0617 -01 -172 CCSJ #: 0617 -01 -170 and 0617 -01 -177 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT This agreement covers the entire project limits. Agreement to Contnk to ROW Funds Page 1 of 2 Attachment 6 4-- Gi le - �1T i z I G " A® FI a. �z w� °� r� �0 1�1 li1 �y Wz �D6 z° �N �F W � D i W f`III Q 1 r F- 2 U a gN Z { I i -1 vur is��r 4Q�N Y { qo 00 �8 8� J NQ I.L x.11.) Z W QQN ;m n I r " W ' W J ' J � " " O M �o� ZH� go a'u+ IO W � .:. V JrLL .a ZOO W � � � Z�n IN m CUUUJ W urn u�.nic w - .'1 NWwm U !� � 2 N s Z J a J V ip V� N .'s m J W WN 24s W Wa ui O d N W X f N t N N N 9; .4 Ely -to N ri hA W► 06 00 { 00 laii$I V � q � a % C a � O L1 .� z u 1 -'mot u i �obSf ,j�i 9�J�AAE6 M h= b°a N ~ «Yln uun :MN QuN g 0�o r d X � `\ rJy /� 6 a a g Z U_ La aa 4p iJ{y ► J WY-4 < r< N � •' Z r W r A 4 y WO O !2 �co x WOO- 2$ rn <o r¢ r a MW w z a .Vi .0 RN16 0� Mf Z q� � iEY- xtieea yCtfACtt t 9f xgJ�� gg� ni�� IN Sg� a a 1 Jr000 ..•�� ass.: y Lyy r S Air iti if iii� ri hA W► 06 00 { 00 laii$I V � q � a % C a � O L1 .� z u 1 -'mot u i �obSf ,j�i 9�J�AAE6 M h= b°a N ~ «Yln uun :MN QuN g 0�o r d X � `\ rJy /� 6 a a g Z U_ La aa 4p iJ{y ► J WY-4 < r< N � •' Z r W r A 4 y WO O !2 �co x WOO- 2$ rn <o r¢ r a MW w z a .Vi .0 RN16 0� Mf Z q� � iEY- xtieea yCtfACtt t 9f xgJ�� gg� ni�� IN Sg� a a 1 Jr000 ..•�� ass.: y Lyy County. NUECES District CORPUS CHRISTI -16 ROW CSJ #. 0617 -01 -172 CCSJ #: 0617 -01 -170 and 0617 -01 -177 Federal Project * Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE Agreement to Contribute ROW Funds Page 1 of 2 Attachment C SH 358: Nucces County Limits: From Nile Drive to Ayers Street RCSJ: 0617.01 -172, CCSJ: 0617 -01 -170 and 0617 -01 -177 Standard Agreement to Contribute State Performs Work Fixed Price or incremental Payments Attachment C Description Total Estimated State PaMcipation Local Participation Cost % Cost % cost Right of Way $6,200,000.00 90% $5,580,000.00 10% $620,000.00 Acquisition Reimbursable Utility $3,300,000.00 90% $2,970,000.00 10% $330,000.00 Adjustments Joint Bid Reimbursable $0 0% $0 0% $0 Utility Adjustments $0 0% $0 0% $0 $0 0% $0 0% $0 TOTAL $9,500.000.00 90%1$8.550,000.00 10% $950,000.00 Local Government requested approval for incremental payments of its funding obligation pursuant to 43 TAC §15.52 and the executive Director has approved the request. Attached is completed Special Approval Form — DIED Approval. Initial payment by the Local Government to the State with execution of agreement. Fixed Price: $950.000.00 or the following incremental payment schedule. N/A This is an estimate. The final amount of Local Government participation will be based on actual costs. R:1Project DeliverylROW\RSMILPA and PROJECT DWORMATIOMCRP LPA Agmements10617-01- 172 Attachment C - Funding Schedule - State Performs Worlcdoc Rev. 021022012 Resolution authorizing the City Manager or designee to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation for the acquisition of certain rights - of -way and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street, with the City's participation in the amount of $950,000. 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 execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation, with the City's participation in the amount of $950,000, for the acquisition of certain rights -of -way and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor J: \1.ENG \1 ..... AGENDA IT E M S\2013 \012913 \012913 RESO Agrmt to Contribute Funds SPID Nile to Ayers $95,000.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: \1.ENG \1 ..... AGENDA IT E M S\2013 \012913 \012913 RESO Agrmt to Contribute Funds SPID Nile to Ayers $95,OOO.docx AGENDA MEMORANDUM Future Item for the City Council Meeting of January 29, 2013 1852 Action Item for the City Council Meeting of February 12, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Request for a Deferment Agreement with 15T Investments, LLC, developer /owner of Airport Industrial Subdivision, Block 13 Lot 2 CAPTION: Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10. B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with 15T Investments LLC ( "Developer /Owner "), in the amount of $221,846.54 for public wastewater and water improvements to the property located at the Southside of State Highway 44 East of Heinsohn Road and West of North Padre Island Drive, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. PURPOSE: Allow the Developer to record the plat and thus allow a building permit to be issued for the start of construction. BACKGROUND AND FINDINGS: 15T Investments, LLC, is requesting a Deferment Agreement for the platting and development of Airport Industrial Subdivision Block 13 Lot 2, as shown on the final plat. The subdivision is at the Southside of State Highway 44 East of Heinsohn Road and West of North Padre Island Drive. The proposed improvements will provide adequate wastewater and water to the proposed development. A layout of existing and proposed improvements is included as shown in Exhibit 2 of the deferment agreement. ALTERNATIVES: Denial of the Deferment Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending waste water and water to serve the proposed development and has requested a Deferment Agreement, as provided in the Unified Development Code. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital K Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Deferment Agreement with Exhibits Exhibit 1: Final Plat Exhibit 2: Plans and Specifications Exhibit 3: Engineer's Cost Estimate Exhibit 4: Disclosure of Interest Deferment Agreement Between 15T Investments, LLC and the City Page I of 9 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City") and 15T Investments, LLC, (hereinafter "'Developer /Owner "), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of Airport Industrial Subdivision, Block 13, Lot 2 (the "plat"), which was approved by the Planning Commission on July 18, 2012. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer/Owner is obligated under Section 8.1.11, of the Unified Development Code to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City Engineer. Detailed construction drawings must be provided by the Developer/Owner and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer/Owner is seeking to defer, for a period up to five (5) years, the construction of the wastewater and water improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, and further, on December 19, 2012, the Planning Commission made a finding that there exists probable cause to delay the completion of public improvements, in accordance with 8.1.10.13 of the Unified Development Code; WHEREAS, the Developer/Owner is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section 8.1.11 of the Unified Development Code; WHEREAS, the Developer/Owner will deposit, with the City, an irrevocable letter of credit in, the amount of Two Hundred Twenty-One Thousand Eight Hundred Forty-Six and 54/100 Dollars ($221,846.54), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer/Owner has completed all other subdivision requirements, park dedications, park deferment agreements, and maintenance agreements and all special covenants; WHEREAS, the Developer/Owner is entering into this Deferment Agreement as required by Section 8.1.10.8. of the Unified Development Code; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer/Owner agree as follows: K:%DEVELOPMENT SERVICES\DEFEHMENTA(3REEMENTS\AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2 Deferment Agreement Between IT Investments, LLC and the City Page 2 of 9 The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer/Owner to defer construction of the deferred improvements as shown in Exhibit 2, for up to five (5) years year from the date of this Deferment Agreement. 2, The Developer/Owner agrees to deposit Two Hundred Twenty-One Thousand Eight Hundred Forty-Six and 54/100 Dollars ($221,846.54), in the form of an irrevocable letter of credit issued by a bank with offices in Corpus Christi, TX, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit 3, which is attached to and incorporated into this Agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The form of the letter of credit must be approved by the City's Director of Financial Services. 3. The Developer/Owner shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by Developer/Owner within five (5) years from the date of this Agreement, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer/Owner with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer/Owner from the obligations to construct the deferred improvements by mailing a Release Letter to: Developer/Owner: 15T Investments, LLC P.O. Box 261037 Corpus Christi, Texas 78406 b. Return to the Developer/Owner within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the City from the Developer/Owner including any interest earned. 5. If the deferred improvements have not been completed within five (5) years from the date of this Agreement, or if the Developer/Owner fails to deposit any increased security as set out below, after notice to the Developer/Owner and opportunity to cure as stated in Paragraph 9 below, the City will transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements. If City constructs all or any part of the required improvements, the shall reimburse the City for any additional cost of the deferred improvements, if the K:MEVELOPMENT SERVICMDEFERMENT AGREEMENTS\AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2 Deferment Agreement Between 15T Investments, LLC and the City Page 3 of 9 sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer/Owner. 6. The City and Developer/Owner agree that if the Developer/Owner formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer/Owner remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer/Owner defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer/Owner and the Project Engineer written notice by certified mail, return receipt requested, advising Developer/Owner of the default and giving Developer/Owner thirty (30) days from date of receipt of the letter to cure the default. If the Developer/Owner fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer /Owner, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer /Owner, within sixty (60) days of the completion of construction of the wastewater and water improvements and settlement of construction contracts, & The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 9. The Developer/Owner agree that the City, after notice in writing to the Developer/Owner and Project Engineer, may accelerate payment or performance or require additional financial security when the City Engineer deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 10. The Developer/Owner covenant to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City Engineer, at Developer /Owner's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted KADEVELOPMENT SERVICE&DEFERMENT AGREEMENT&AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2 Deferment Agreement Between 15T Investments, LI-C and the City Page 4 of 9 above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes, 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County, Texas. 15. The Developer/Owner further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 16. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 17. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been enecuted by all signatories. --" ")X EXECUTED IN Triplicate originals this* -4` day of 20 19L- Developer/Owner: 15T Investments, LLC P.O. Box 261037 CCR-us 9firisti, Texas 78406 By: Steven W. Tipps,'Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Steven W. Tipps, Manager, of 15T Investments LLC, on behalf of said company. �(- - Notary 1—ic, "tat of Texas )fc 2012, • Texas Limited Liability CompanX KADEVELOPMENT SERVICES\DEFERMENT AGREEMENTSWRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2 --------- - CATHERINE GARZA NOTARY PUBLIC State ol Texas Coffn, F-v• 12-05.2015 ATTEST: 0 Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Deferment Agreement Between 15T Investments, LLC and the City Page 5 of 9 CITY OF CORPUS CHRISTI: P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 0 Wes Pierson Assistant City Manager This instrument was acknowledged before me on the day of 2012, by Armando Chapa, City Secretary, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2012, by Wes Pierson, Assistant City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This Carlos Valdez, City Attorney Elizabeth Hundley Assistant City Attorney For the City Attorney day of KADEVELOPMENT SERVICES\OEFERMENT AGREEMENTSWR PORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2 W-111 i o Cq S- n�� =�� i ff SAO N H la! 8- K LL z a ss u ` p ro �A u w its4 N CL $ sa�f I `r c .5. ='iM is A...c,Iz,niS j IE ] b E05 SS3 r,.V tl kba fSJ NiM1 }S • # SITE EXHIBIT SHOW NG OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISION,KK 13, LUl d 1, ® 800' BASS AND WELSI CORPUS CHRISTI, SURVEY REG. NC lY ENGINEERING FILE: EXB-1, JOI SCALE: 1° = 60 PLOT SCALE: SO 10/10/12, SHEE EXHIBIT 2 MURRAY BASS, JR., P.E.,R.P.LS. 3054 S. ALAMRDA, zip 78404 NIXON M. WELsH, P.E.,R.P.L.S. 361 882-5521— FAX 361882-1265 www.b ass - welsh com e-mail: murfayjr@aol-com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. P-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 December 20, 2012 ITEM I QTY I UNIT I DESCRIPTION UNIT PRICE TOTAL WATER CONSTRUCTION 1 1765 LF 8" PVC C900 $35.60 $62,834.00 2 3 EA 6" X 30" PVC PIPE NIPPLE 165.00 495.00 3 1 EA 8" TAPPING SLEEVE AND 8" TAPPING VALVE 2,150.00 2,150.00 4 6 EA 8" D.I. BEND (90') 465.00 2,790.00 5 4 EA 8" D.I. BEND (454) 450.00 1,800.00 6 1 EA 8" D.I. TEE 500.00 500.00 7 3 EA 8" GATE VALVE AND BOX 1,100.00 3,300.00 8 38 LF 12" PVC CASING PIPE 45.00 1,710,00 9 1 EA FIRE HYDRANT ASSEMBLY INCLUDING T, BEND & VALVE 3,500.00 3,500.00 1 EA TIE TO EXISITNG LINE 1,326.75 1,326.75 11 1 LS PAVEMENT REPAIR 3,500.00 3.500.00 SUBTOTAL WATER CONSTRUCTION $83,905.75 WASTEWATER CONSTRUCTION 1 2 1375 LF 10" PVC SDR 26 $50.00 4' DIAMETER MANHOLE (WATER - TIGHT, 4 EA CLOSED BOTTOM) 6,350,00 $68,750.00 25,400.00 3 1 EA TIE TO EXISTING MANHOLE 2,576.75 2,576.75 4 1060 LF TRENCH SAFETY 1.00 1.060.00 SUBTOTAL WASTEWATER CONSTRUCTION $97,786.75 SUBTOTAL CONSTRUCTION $181,692.50 11% Engineering& Surveying 19,986.18 SUBTOTAL 201,678.68 1109c, Construction& Engineering $221,846.54 EXHIBIT 3 ri CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 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". FIRST NAME: 15T Investments, LLC STREET: 5901 State Hwy 44 CITY: Corpus Christi Zip: 78406 FIRM IS: E)1. Corporation E]2. Partnership [3, Sole Owner ]4. Association E]5. Other Limited Partnershl 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". F, 3. 4. Name None Job Title and City Department (if known) None 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 None None 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 None Board, Commission, or Committee None 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 35 or more of the ownership in the above named 'firm". Name Consultant None None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhelc disclosure of any information requested; and that supplemental statements will be promptly submitted to the City or Corpus Christi, Texas as changes occur. Certifying Person: Steven Tipps Title: Member (Type or Print) Signature of Certifying Person: Date: 12/13/2012 SC �a ©°� AGENDA MEMORANDUM NCORPORA, o Future Item for the City Council Meeting of January 29, 2013 1852 Action Item for the City Council Meeting of February 12, 2013 DATE: January 29, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com (361) 826 -3169 Mark Van Vleck, Interim Director, Development Services arkVV cctexas.com (361) 826 -3246 Electronic Archiving of Construction Blueprints CAPTION: Motion approving a contract for the electronic archiving of construction blueprints with MCCi, LLC of Tallahassee, Florida for a total expenditure of $76,779.70. The award is based on the cooperative purchasing agreement with the Texas Department of Information Resources (DIR). Funds are budgeted in the Development Services Fund for FY 2012 -2013. PURPOSE: To convert hard copy commercial blueprints to digital media. BACKGROUND AND FINDINGS: The objective of digitizing commercial blueprints is to comply with the Texas State Library and Archives Commission requirement to maintain such documents for the life of the buildings. Archiving digitally will ensure protection of records with regard to security, inclement weather, disaster recovery and help improve response time to customer or public information requests. ALTERNATIVES: Continue to utilize storage facilities for the storing of documents, keep hard copy construction plans, and search for records through manual labor. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing regulating procurement. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTALCLEARANCES: Development Services policies and procedures and state statutes 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 $125,779.70 0 $125,779.70 Encumbered / Expended Amount $49,000.00 0 $49,000.00 This item $76,779.70 0 $76,779.70 BALANCE $0 $0 Fund(s): Development Services Fund RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION 1 Pick -up, scanning, indexing, archiving, and shredding of documents TOTAL: DIR CONTRACT NO. DIR -SDD -980 PRICE SHEET ELECTRONIC ARCHIVING OF CONSTRUCTION BLUEPRINTS MCCi, LLC Tallahassee, Florida UNIT EXTENDED QTY. UNIT PRICE PRICE 82,350 Sheet F$0.93 $76,779.70 $76,779.70 1 ExperienceExcellence Municipal Code Corporation SALES DEPARTMENT PO Box 2235 s Tallahassee, Florida 32316 TELEPHONE (817) 788 -1102 • FAX (850) 701 -0715 Russell Haddock, Senior Account Executive • rhaddock @mccinnovations.com January 4, 2013 Ms. Elsa Martinez City of Corpus Christi PO Box 9277 Corpus Christi TX Dear Ms. Martinez: Thank you for speaking with me recently regarding Scanning and Indexing your records and our archiving services for your permanent records. Per our conversation we have included a Proposal for scanning your documents so you have a searchable archived copy of your records. Our Scanning and Indexing service provides many benefits including: ➢ Full Search Features- Your typed documents will be fully searchable through the Laserfiche software. This powerful searching includes general text searching as well as date searches. Both of these searches can be combined to find documents instantly from your desk versus spending countless hours manually searching through your hard copy records. ➢ Disaster Recovery- By scanning and indexing your documents, you will no longer have to depend on the hard copies for finding information. This can be extremely valuable in the event of a disaster and your records were unobtainable temporarily or permanently. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me. We appreciate your interest and hope that we will have the pleasure of working with you and serving the City of Corpus Christi. Sincerely, Russell Haddock Senior Account Executive SCOPE OF SERVICES The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the client • General Description Department: Building Department Document Types: Permit Files— Primarily Large Format, Some Regular Format Estimate of 82,350 Large Format Images, based upon assumption of 610 plan bags, with 135 images each. • Document Preparation: Current Storage Method: Plan Bags ® Image Processing DPI & Color: 300 DPI, Black & White Indexing Requirements: Up to 4 Fields (will use client provided excel database for naming and QC process) Optical Character Recognition Not Applicable for Maps /Plans /Blueprints ® Image Output Media: CD/DVD or External Hard Drive Output & Content: Laserfiche Briefcase or Volume • Material Handling Shipping Logistics: MCCi Pickup and Delivery. The City may also choose to have MCCi shred the plans (via 3�d party vendor) upon project completion. MCCi will require a signed waiver acknowledging that the City has received digital images for all the physical records sent to MCCi prior to document destruction. PROJECT PRICING Prices listed are per image /per job. If the project is broken up into multiple parts the volume pricing must be broken up as well. DIR discounted rates (actual rates applied to work) appear in bold. Conversion of Standard Documents up to 11 "x17': 0 0-50,000 images =$0.26 (DIR S% = $0.247) • 50,001- 100,000 images = $0.21 (DIR 5% = $0.199) • 100,001+ images = $0.16 (DIR 5% = $0.152) Large Format Documents up to 42" in width: • 0 — 15,000 images = $1.15 (DIR 5% = $1.09) • 15,000-40,000 images =$1.05 (DIR S% = $0.997) • 40,001 + = $0.95 (DIR 5% = $0.902) Color Documents = $1 per image in addition to regular per image rate Shipping Expenses /Document Destruction Expenses: • $5 per plan bag pickup and $5 per bag delivery o Not to exceed $1,500 per one way trip • Shredding Services billed at cost from 3rd party vendor: Not to exceed $1,000. Optional Services: Onsite assistance from MCCi Project Manager • Document Prep Assistance • Indexing Needs and Template Design • Pre - Scanning Workflow Design Consultations (can be done offsite at client request) • $2,100 per day Remote import assistance from MCCi Project Manager • Incorporate scanned work into clients existing file structure • Review completed work • Answer any client questions • $110 per hour 8 hours included at no charge when job billing total exceeds $50,000 Special notes: The pricing terms listed are in effect for 3 years from signed contract date. At the completion of the 3 year term the agreement can be modified and /or extended as needed. The volume based per image prices are on a per job basis, if the job is broken up into multiple parts the volume pricing must be broken up as well. Travel expenses for on -site document prep and consultation will be invoiced at MCG cost. PAYMENT & BILLING TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due within 30 days of receipt of a valid invoice. MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserflche Software & Services to the City of CORPUS CHRISTI TX, a Texas home -rule city organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. MCCI DOCUMENT SERVICES — INDEXING SERVICES Once MCCi has received your documents, the following process will occur according to the terms laid out in MCCi's pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and document shipment and /or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCCi will organize the documents into their original order as received from the Client. DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your Consultation, MCCi will organize and index your documents. This will enable them to be searched and organized by three different methods. The first method includes organizing your documents in a tree -like folder structure, similar to Windows Explorer. This provides a visual method to store and locate your documents. The second method involves the use of electronic template cards. These templates contain unique information pertaining to that particular document. Once a template layout has been agreed upon, no changes can be made once the job has already been started. The third method includes running a process called optical character recognition (OCR), allowing for full -text indexing and searching capabilities. The OCR process converts printed words into alphanumeric characters dependent upon font and paper quality. This enables each occurrence of an OCR'd word to be searched and retrieved. Microfilm, Maps, Poor Quality, and Handwritten documents will be searchable by keyword index only (via template card). DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Each scanned image is inspected for quality, legibility, and accuracy. Steps are taken to ensure each document has been captured, the quality of the scanned image is comparable to the original, and all manual indexing errors have been corrected. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those discrepancies reported within 90 days after delivery of hard copy materials. DOCUMENT STORAGE. MCCi's facilities contain secure rooms for hardcopy "work in progress" document storage that are designed to prevent damage from natural disasters. MCCi will arrange for the return of hardcopy documents to the client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after a request for delivery has been made, storage charges will apply. MCC! is not responsible for maintaining permanent archive and accepts no responsibility to loss of electronic data. FUTURE UPDATES. The Client can provide MCCi additional documents after completion of initial project. The updates can be on a schedule, or as desired by the Client. The Client shall forward to MCCi copies of the final documents via e-mail, certified mail carrier, or through the MCCi pick up and delivery service (offered in select states only). At each update, the Client may elect to purchase an updated version of their records on electronic media. All copies will be disposed of within 60 days upon completion of work. Original documents will be returned to the Client. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions as laid out here within, MCCi can provide any department in the organization with scanning services for documents other than those described in Section I of the pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own MuniScan project to determine individual scanning and indexing needs. For further information and instruction regarding this service please contact our Service Bureau Manager. MICROFILM & FICHE CONVERSION SERVICES. MCC! offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film /fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non - legible images, or other errors that are not controllable by MCCL Unless otherwise specified in the project scope, MCCi will index by the roll /card number or unique identifier. The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCII, a Limited Liability Company Date: January 4, 2013 By: -411 a (Signature) �t�v�l��,r5� -mow - �� ►`� —� (Printed Name & Title) Witness: (Signature) Noted Items Accepted by: CITY OF CORPUS CHRISTI, TX Date: By: (Signature) (Printed Name & Title) Witness: (Signature) (Printed Name & Title G� ® AGENDA MEMORANDUM Future Item for the City Council Meeting of January 29, 2013 Action Item for the City Council Meeting of February 12, 2013 DATE: 1/29/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com 361- 826 -3169 Michael Morris, Director of Park and Recreation micaelmo cctexas.com 361- 826 -3464 Food Items CAPTION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -13 -1 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $179,155.26. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 144 Line Items $83,729.73 Performance Food Group Victoria. Texas 108 Line Items $95,425.53 Grand Total: $179,155.26 PURPOSE: These food items will be used by Senior Community Services for the Elderly Nutrition Program. The food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers and also delivered to households throughout the City. Approximately 123,176 meals will be prepared and served over the six month contract period. BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. This award is a cooperative effort between the City of Corpus Christi and the following members of the Coastal Bend Council of Governments; Community Action Corporation of South Texas, Nueces County Senior Community Services, Refugio County Elderly Services, City of Corpus Christi, Bee Community Action Agency, Aransas Council of Aging, Kleberg County Human Services, Duval County Elderly Program, and Live Oak County Elderly Program. ALTERNATIVES: The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: Park and Recreation 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 $218,843.38 $218,843.38 Encumbered / Expended Amount $21,337.37 $21,337.37 This item $179,155.26 $179,155.26 BALANCE $18,350.75 $18,350.75 Fund(s): Park and Recreation Grants. Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Summary attached. COUNCIL OF GOVERNMENTS - STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES COUNCIL DATE: JANUARY 29, 2013 Award Summary: CBCOG -13 -1 LABATT FOOD SERVICE Corpus Christi, Texas One hundered and forty -four (144) line items consisting of canned fruit, $83,729.73 canned vegetables, canned meat, condiments, dressing, juices oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, frozen vegetables, dairy Performance Food Group Victoria, Texas One hundred and eight (108) line items consisting of canned fruit, dried fruit, $95,425.53 canned vegetables, dried vegetables, canned meat, condiments dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, dairy Grand Total: $179,155.26 SC u° AGENDA MEMORANDUM kpRPga EO Future Item for the City Council Meeting of January 29, 2013 1852 Action Item for the City Council Meeting of February 12, 2013 DATE: January 29, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com 361- 826 -3169 Constance P. Sanchez, Director of Financial Services constancep scctexas.com 361- 826 -3227 Municipal Lease Line of Credit CAPTION: Motion approving a Municipal Lease Line of Credit with Frost Bank in accordance with Request for Proposal No. BI- 0040 -13 based lowest responsible proposal for an estimated annual expenditure of $326,909.92. The term of the contract is for one year with options to extend for up to four additional one -year periods, subject to the approval of the contractor and the City Manager, or designee. PURPOSE: The City uses municipal lease purchase financing to fund equipment and rolling stock replacement needs. BACKGROUND AND FINDINGS: As equipment is requisitioned to be purchased, the equipment is purchased under all applicable statutes and city procurement policies. The financing for the purchase is provided through this lease line of credit agreement. An estimated $6.7 million worth of equipment is projected to be purchased over the initial twelve month period of this agreement. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The actual interest rate will fluctuate throughout the term of the contract based on the index rate at the time of the purchase. Based on the index rate at the time of the bid, on October 1, 2012, the interest rate charged to the City for a 60 month lease is 1.89 %. The current year financial impact shown on the following table represents interest costs, at 1.89 %, associated with financing 13 separate awards of equipment that has either been delivered or is on order and expected to be delivered throughout the remainder of this fiscal year. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Finance Department 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 4,840,698.61 291,008.47 5,131,707.08 Encumbered / Expended Amount 3,655,396.42 3,655,396.42 This item 35,901.45 291,008.47 3267909.92 BALANCE 171497400.74 01 171497400.74 Fund(s): General, Street, Wastewater Comments: The $35,901.45 financial impact shown above represents estimated interest costs that will be encumbered through the end of this fiscal year. The remaining $266,103.09 of the interest costs will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Master Lease Purchase Agreement Request for Proposal No.: BI- 0040 -13 Municipal Lease Line of Credit Senior Buyer: Elisa Covington Date: 01/29/13 Item CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SHEET 1 Proposers were instructed to enter the amount of interest over the index of Proposer's choice, as of October 1, 2012, for each of the financing terms specified. 2 Proposals received from Banc of America Public Capital Corporation and JPMorgan Chase Bank did not meet the minimum requirements set forth in the Request for Proposal and have been deemed as nonresponsive. Deficiencies noted include 1) offer contingent up the City's credit approval, 2) $200,000 minimum loan (Chase) and 3) non - acceptance of equipment requiring to be financed (BofA). Frost Bank 2 Banc of America Public Capital Corp 2 JP Morgan Chase Bank, Description San Antonio, TX Tucker, GA Columbus, OH INDEX' INDEX' INDEX' Secure Connect Bullet Rate H15 H15 from Interest Interest www.FHLB Rate - Rate - (Federal Total Interest Average Average Total Interest Home Loan Cost for Life Loan Total Interest Cost Life Loan Cost for Bank).com Financing 6.7 Interest Rate, for Financing 6.7 Interest Rate, Financing 6.7 on 10/1/12 - Loan Rate, million over 60 Rate Index million over 60 Rate Index million over 60 79% of rate Index plus months at Swap plus months at 1.322% Swap plus months at applied % adder adder 11.89% interest 10/1/12 1 % adder adder interest 10/1/12 % adder adder 1 1.235% interest Lease Purchase financing for a 60 month term 0.59% 1.300% 1.890% $326,909.92 0.44% 0.882% 1.322% $227,617.63 0.44% 0.795% 1.235% $212,488.48 1 Proposers were instructed to enter the amount of interest over the index of Proposer's choice, as of October 1, 2012, for each of the financing terms specified. 2 Proposals received from Banc of America Public Capital Corporation and JPMorgan Chase Bank did not meet the minimum requirements set forth in the Request for Proposal and have been deemed as nonresponsive. Deficiencies noted include 1) offer contingent up the City's credit approval, 2) $200,000 minimum loan (Chase) and 3) non - acceptance of equipment requiring to be financed (BofA). MASTER LEASE PURCHASE AGREEMENT BETWEEN The City of Corpus Christi, as "City" and Frost Bank, as Lessor THIS MASTER LEASE PURCHASE AGREEMENT (the Agreement), is by and between Frost Bank, a state banking association, as lessor (Lessor) whose address is 100 West Houston Street, San Antonio, Texas 78205, and the City of Corpus Christi, a political subdivision of the State of Texas as lessee (City), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas 78401. WITNESSETH: WHEREAS, the City is authorized by law to acquire such items of personal property as are needed to carry out its governmental functions, and to acquire such personal property by entering into a lease with the option to purchase; and WHEREAS, the City has determined that it is necessary for it to acquire under this Agreement certain items of personal property described herein as the Property; and WHEREAS, Lessor is willing to lease certain Property to the City pursuant to this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein City and Lessor hereto recite and agree as follows: ARTICLE 1. DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The terms defined in this Section, for all purposes of this Agreement, have the following meanings: Additional Terms: Consecutive terms, each of a one -year fiscal period, for which a Lease with respect to a Property Group remains in effect unless terminated by City. Each Additional Term commences at the end of the Original Term or the preceding Additional Term and continues for a period within which all of the Lease Payments specified in Exhibit "B" will be paid as provided in Section 4.1. Agreement: The Master Lease Agreement and all Exhibits hereto. Business Day: Each day on which the City is open for business. Contractor: Each manufacturer or vendor from whom the City has ordered or contracted for the manufacture, delivery, and /or installation of the Property. 1 Contract Administrator: The City's designated representative for administering this Agreement is the Director of Financial Services or designee. Fiscal year: The twelve (12) month fiscal period of the City which commences annually on August 1 and ends on the following July 31. Independent Counsel: An attorney with either Lessor or Citye the highest court of Texas and who has no past or p resent relationship Interest: The portion of any Lease Payment designated as and comprising interest as shown in any Exhibit "B" hereto. Lease: With respect to each Property Group, this Agreement and the Schedule relating thereto, which shall constitute a separate contract relating to such Property Group. Lease Payment: The payment of Principal and Interest due from the City to Lessor on each Payment Date as shown on each Exhibit "B ". Lease Term: With respect to any Property Group, the Original Term and all Additional Terms during which the related Lease is in effect as specified in Section 4.1. Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to any Property, remaining after payment therefrom of all expenses incurred in the collection thereof. Non - appropriation: The failure of the City Council of the City to appropriate money for any Fiscal Year sufficient for the continued performance of a Lease by the City with respect to the related Property Group, which may be evidenced by a budget ordinance or resolution which prohibits the City from using any monies to pay the Lease Payments due under such Lease with respect to such Property Group for a designated Fiscal Year. Original Term: The period from the date of execution of an Exhibit A with respect to a Property Group until the end of the Fiscal Year which includes the date of execution. Payment Date: The date upon which any Lease Payment is due and payable as provided in any Exhibit "B ". Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii) this Agreement and amendments hereto, (iii) Lessor's interest in the Property, and (iv) any mechanic's, laborer's, material men's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, other than any o remain unpaid. through a Contractor or which the City may, pursuant to Article 8, hereof, permit hereto. Principal: The portion of any Lease Payment designated as principal in any Exhibit "B" 2 Pro e : Individually or collectively as the context requires, the personal property designated by the City, which is described in one or more Exhibit "A "s as now or hereafter constituted. The City may lease - purchase all Property it determines necessary to provide essential services, which includes computer hardware and software. P_ropegy Group: The Property listed on any Exhibit "A," comprising a single purchase or a group of items, equipment, or associated products. Purchase Option Price: With respect to a Property Group listed on any single Exhibit "A," the amount equal to the unpaid Principal Balance of the Property Group, plus unpaid interest accrued to the prepayment date. Schedule: A schedule consisting of separate but like - numbered pages of Exhibits A and B which have been completed with respect to a Property Group and executed by Lessor and City. Specifications: The procurement specifications and /or purchase order pursuant to which the City has ordered any Property from a Contractor. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: Exhibit "A ": Property Group Description. Each Lease will have consecutively numbered Exhibit "A "s. Each Exhibit "A" will describe the Property Group for its Lease, including serial numbers when available, on consecutively numbered pages. A sample Exhibit "A" is attached and incorporated. Exhibit "B ": Lease Payment Schedule. Each Lease will have consecutively numbered Exhibit "B "s. Each Exhibit "B" will contain the date and amount of each Lease Payment due for the corresponding Exhibit "A" Property Group, the amount of each Lease Payment allocating Principal and Interest, the price at which City may exercise its Article X option to purchase Lessor's interest in each Property Group, and the due date of each Lease Payment. Exhibit "C ": Certificate of Acceptance. A Certificate of Acceptance signed by the Contract Administrator indicating that the Property Group described therein has been delivered and installed in accordance with the Specifications, and has been accepted by the City, the date on which Lease Payments shown in the page of Exhibit "B" relating thereto commences, and that certain other requirements have been met by the City. A sample Exhibit "C" is attached and incorporated. Exhibit "D ": Opinion of Counsel. A form of opinion of counsel to the City as to the organization, nature, and powers of the City; the validity, execution, and delivery of this Agreement and various related documents; the absence of litigation; and related matters. A sample Exhibit "D" is attached and incorporated. Exhibit "E ": Requisition Report. City shall furnish Lessor an Exhibit "E" prior to issuing a procurement for any Property Group unless the item is on Exhibit "F ", Approved Property List. The parties agree that no Exhibit "E" shall be required for property listed on Exhibit "F ". Each Exhibit "E" will include the proposed Property Group, an estimated price 3 for each piece of Property, the budgeted amount for each piece of Property, the desired number of Lease Payments, and any other information that City's Contract Administrator and an authorized agent of Lessor mutually agrees to add to Exhibit "E ". A sample Exhibit "E" is attached and incorporated. Exhibit "F ": Approved Property List. City will furnish Lessor an Exhibit "F" listing all Property budgeted for purchase during FY12 -13. Lessor approves the lease purchase of all Property listed on Exhibit "F" by bidding on and signing this contract. City will furnish Lessor's Agent a new Exhibit "F" by August 15th annually, which lists all Property budgeted for purchase during subsequent fiscal years. The initial Exhibit "F" is attached and incorporated. ARTICLE 2. REPRESENTATION, COVENANTS, AND WARRANTIES Section 2.1. Representations, Covenants, and Warranties of the City. The City represents, covenants, and warrants as follows: (a) The City is a municipal corporation and political subdivision of Texas, duly organized and existing under the Constitution and laws of the State. The City will do or cause to be done all things necessary to preserve and keep in full force and effect throughout the Lease Term its existence as a body politic and corporate. (b) The City is authorized under the Constitution and laws of Texas to enter into this Agreement and the transactions contemplated hereby, and to perform all of its obligations hereunder. (c) The City Manager has been duly authorized to execute and deliver this Agreement by the official action of the City's governing body, the City Council. (d) In authorizing and executing this Agreement, the City has complied and/or will comply with all public bidding and other laws applicable to this Agreement and the acquisition of the Property by the City. (e) The City is not subject to any legal or contractual provision that restricts or prevents it from entering into and performing its obligations under this Agreement. ( The City has no knowledge of any pending or threatened action, proceeding or investigation affecting the City, nor, to the best knowledge of the City, is there any basis therefor, wherein an unfavorable result would adversely affect the transactions contemplated by this Agreement. (g) The Property is and will remain throughout the Lease Term personal property and not fixtures. (h) The execution and performance of this Agreement will not violate any judgment, order, law or regulation, constitute a default under any instrument binding upon the City, or create any encumbrance upon any assets of the City or the Property, except for the Permitted Encumbrances. O (i) To the knowledge of the current interim City Finance director and interim Assistant City Manager over Finance department, the City has never non - appropriated or defaulted under any of its obligations under any lease - purchase contract, bond or other debt obligation. 0) No approval, consent or withholding of objection is required from any governmental authority other than the City with respect to the entering into or performance by the City of this Agreement. (k) The balance sheet of the City for its most recent Fiscal Year and the related earnings statement of the City for such Fiscal Year will be furnished to Lessor within 30 days of the effective date of this Agreement, and fairly represent the City's financial condition as of such date and the results of its operations for such Fiscal Year in accordance with generally accepted accounting principles consistently applied, and, since such date, there has been no material adverse change in such condition or operations. (1) City has investigated the facts, estimates and circumstances in existence on the date hereof, together with City's expectations as to future events. These are true and are complete in all material respects, and on the basis of such, it is not expected that the use of the proceeds hereof or any other moneys or property will be used in a manner which will cause this Agreement to be treated as an arbitrage bond within the meaning of section 148 of the Code. Such expectations are reasonable, and there are no other facts, estimates or circumstances that would materially change such expectations. (m) None of the proceeds hereof will be used, directly or indirectly, in any trade or business carried on by any person other than a governmental unit, which is defined to include any state of the United States and any political subdivision; agency, instrumentality or entity acting by or on behalf of a state, but not including the United States or any agency or instrumentality thereof, no more than 10% of the Property will be used directly or indirectly in a trade or business carried on by any such person, and no more than 5% of the Property will be used directly or indirectly in trade or business carried on by any such person that is not related to any government use of such Property. (n) Should the Interest component of payments hereunder be deemed by the federal government or determined by the Internal Revenue Service or a court of competent jurisdiction or an opinion of nationally recognized bond counsel not to be exempt from gross income, subject to the provisions of Section 13.13 hereof, City will pay as additional sums hereunder sufficient funds to adjust the interest to be paid hereunder to an amount equivalent to the after -tax interest rate contemplated hereunder as a tax exempt transaction. Said adjustment will be retroactive and apply to any installments already paid by City to Lessor to the extent that any ruling by any such taxing authority requires the payment of additional tax on payments already received by Lessor. This obligation will survive the expiration of this Agreement. (o) The City will not pledge, mortgage, or assign this Agreement, or its duties and obligations hereunder to any other person, firm, or corporation except as provided under the terms of this Agreement. 5 (p) The City will use the Property during the Lease Term only to perform essential governmental functions devoted exclusively to public uses. (q) The City will take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Lease Payments does not become included in the gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder (the Regulations). (r) Within five (5) Business Days of final acceptance of each Property Group by the Contract Administrator, after delivery and installation of that Property Group, the City will provide to Lessor a completed and executed copy of the Exhibit "C ", Certificate of Acceptance, corresponding to that Property group, together with completed and executed copies of the related Exhibits "A" and "B ". (s) Upon the execution of this Agreement, the City will provide the Lessor an opinion of its legal counsel in substantially the form of Exhibit "D." (t) Upon the request and direction of Lessor, the City will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and Regulations. (u) The City shall take appropriate official action by its governing body to approve the acquisition and financing of any Property Group under the terms and conditions of this Agreement. Section 2.2. Representation, Covenants, and Warranties of Lessor. Lessor represents, covenants, and warrants as follows: (a) Lessor is a state banking association duly organized, existing and in good standing under and by virtue of the laws of the State of Texas and has power to enter into this Agreement, is possessed of full power to own and hold personal property, and to lease the same; engages in the leasing of personal property such as the Property in the ordinary course of business; and has duly authorized the execution and delivery of this Agreement and all addenda thereto. (b) Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions, or provisions of any restriction, agreement, or instrument to which Lessor is now a parry or by which Lessor is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Lessor, or upon the Property except Permitted Encumbrances. (c) Lessor must not issue Certificates of Participation and Lessor agrees that City shall not be required to provide any disclosure information under Securities & Exchange Commission Rule 15(c) 2 -12. to ARTICLE 3. LEASE OF PROPERTY Section 3.1. Acquisition of Property. During the Lease Term, when City desires to lease a Property Group from Lessor, Contract Administrator shall complete an Exhibit "E ", Requisition Report, which includes the Property Group, an estimated price for each piece of Property, the budgeted amount for the Property Group, and the desired number of Lease Payments for the Property Group. For any Property not on the annually approved Exhibit "F", Lessor must advise the Contract Administrator in writing whether Lessor will lease the Property Group to City within three (3) business days after receipt of a completed Exhibit "E ". City will initiate the procurement process to purchase the Property Group. Upon receipt of bids and award by City Council of a contract to purchase City shall notify Lessor in writing of the Property Group cost and estimated delivery period, and Lessor shall execute an Exhibit "A", numbered with the assigned Lease Number, and forward it to the Contract Administrator. If City so desires, or if Lessor chooses not to lease a Property Group to City or chooses not to lease for the number of Lease Payments City requested, City may lease the Property Group from any one else it chooses. Section 3.2. Property Delivery; Documentation. Upon Lessor's written approval of an Exhibit "E" Lessor shall provide City with an assigned Lease Number and Contract Administrator will prepare working file copies of Exhibits "A" and "B ", and forward a copy of each to Lessor's designated representative. After delivery of a Property Group to City, City staff shall inspect the Property Group for compliance with Specifications. Within three (3) business days after the Contract Administrator receives staff s written acceptance of the Property Group, City will complete the previously furnished Exhibits "A" and "B" and will provide Lessor a completed and executed Exhibit "C" (Certificate of Acceptance). Lessor must pay a Contractor, or reimburse City for any payment it made to a Contractor, for a Property Group on the same day that the Amortization Schedule Exhibit "B" begins, which must be within three business days of receipt of all documents from the City. Contract Administrator must provide Lessor, in a form satisfactory to Lessor, the following: (a) an Exhibit "A" and Exhibit "B" executed by City and Lessor; (b) an Exhibit "C" executed by City; (c) a motion, or other evidence, showing official action taken by the City Council to authorize acquisition of the Property Group on the terms provided in Exhibit "A "; (d) Contractor invoice(s) and /or bill(s) of sale relating to the Property Group, and if the invoices have been paid by City evidence of payment thereof, and if applicable, evidence of official intent to reimburse such payment as required by the Regulations; 7 (e) as applicable, financing statements executed by City as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application if any of the Property Group is subject to certificate of title laws; (f) a completed and executed Form 8038 -G or -GC or evidence of filing thereof with the Secretary or Treasury; and (g) any other documents or items reasonably required by Lessor. Simultaneously with the delivery of the Property Group, Lessor shall cooperate with the City and the City shall take all actions necessary to vest legal title to the Property Group in the City, and to perfect a security interest therein in favor of Lessor or a person, firm, or corporation designated by Lessor. Within three (3) business days of Lessor's receipt of the documents listed above in (a) -(g) in form and substance satisfactory to Lessor, Lessor shall make full payment to Contractor(s) of all funds applicable to the accepted Property Groups by either wire transfer or overnight delivery of a check at the direction of the Contract Administrator. If the escrow agreement described in Section 3.6 is utilized Lessor will consent to a disbursement from the escrow account for payment of all funds applicable to the accepted Property Group within three (3) business days of Lessor's receipt of the documents listed in (a) -(g) above in form and substance satisfactory to Lessor. Section 3.3. Lease. Lessor hereby leases all Property made subject to this Agreement to the City, and the City hereby leases such Property from Lessor, upon the terms and conditions set forth in this Lease. Section 3.4. Possession and Enioyment. Lessor hereby covenants to provide the City during the Lease Term with the quiet use and enjoyment of the Property, and the City will during the Lease Term peaceably and quietly have and hold and enjoy the Property, without suit, trouble, or hindrance from Lessor, except as expressly set forth in this Agreement. Lessor will, at the request of the City and at the City's cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent Lessor lawfully may do so. Section 3.5. Lessor's Access to Property. The City agrees that Lessor may at all reasonable times examine and inspect the Property. The City further agrees that Lessor will have such rights of access to the Property as may be reasonably necessary to cause the proper maintenance of the Property in the event of failure by the City to perform its obligations hereunder. Section 3.6 Alternative Procedure; Escrow Agreement. Notwithstanding the provisions of Section 3.2, if, upon agreement by Lessor and City as to any Property Group to be acquired and leased by City under this Agreement, Lessor and City enter into an escrow agreement (which shall name Lessor as the sole escrow agent) establishing an account from which the Property Group cost is to be paid (the "Escrow Account ") (a) Lessor and City will immediately complete and execute an Exhibit A and Exhibit B relating to the Property Group; (b) the amount deposited by Lessor into the Escrow Account will be a loan from Lessor to City which will be repaid by the Lease Payments due under the related Lease; and (c) the Lease Payments relating to the I Property Group will have an aggregate Principal component equal to the amount of Lessor's deposit into the Escrow Account and will be due and payable as provided in the related Exhibit B commencing upon the deposit of funds by Lessor into the Escrow Account. All interest earned on an Escrow Account will be paid to City. Lessor must not underfund or overf nid the Escrow Account. If City fails to purchase all Property provided for by an Escrow Account, any remaining funds will be refunded to City or applied to future Lease Payments. All funds in the Escrow Account shall be invested in accordance with City's Investment Policy (a written copy of which has been provided by City to Lessor) and The Texas Public Funds Investment Act. The parties hereto hereby expressly acknowledge and agree that no actions undertaken pursuant to this Section 3.6 shall be interpreted as any exercise by City of its rights to effect a prepayment of any Lease Payments pursuant to Section 5.5 of this Agreement. ARTICLE 4. TERM OF MUNICIPAL LEASE Section 4.1. Lease Term. This Agreement will be in effect commencing upon its date of execution for a period of one (1) years; provided that any Lease for a Property Group will remain in effect for a Term commencing upon its date of execution and ending as provided in Section 4.5. The City and the Lessor may renew this Agreement for up to four additional one year terms. The additional agreement period will be one year and will commence automatically unless the City or Lessor notifies the other party in writing at least ninety (90) days prior to the end of the then - current term, that it wishes not to renew the Agreement or wishes to modify the terms of this Agreement. If City terminates a Property Group or defaults, Lessor has no obligation to fund future Property Group acquisitions. Section 4.2. Termination by the City. The Lease with respect to a particular Property Group will be in effect for the Original Term and for each of the Additional Terms shown in Exhibit "B ", unless terminated prior thereto by City as provided in this Section. Not less than one hundred twenty (120) days before the end of the Original Term or any Additional Term, City may give written notice to Lessor to terminate such Lease if and only if either one (1) of the two (2) following conditions is true: (i) City fails to appropriate sufficient funding to meet City's obligations under any such Lease; or (ii) City has elected to prepay any Lease Payments related to any such Lease and has complied in all respects with the prepayment provisions of Section 5.5 (Prepayment Provision) of this Agreement. Upon termination by City because of either such event, the Lease with respect to the related Property Group will terminate and expire at the end of such Original Term or Additional Term then in effect on the date of the City's written notice of termination. The City may effect such termination by giving Lessor such written notice and by paying to Lessor any Lease Payments and other amounts due under such Lease which have not been paid at or before the end of the then current Original Term or Additional Term. In the event of termination of a Lease, the City will comply with the instructions of Lessor pursuant to Section 12.3. Section 4.3. Effect of Termination. Upon termination of a Lease with respect to the related Property Group, the City will not be responsible for the payment of any additional Lease Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession and conveyed to Lessor or released its interest in the Property Group within ten (10) days after the date of termination, the termination will nevertheless be effective, but the City will be responsible for the payment of damages equal to the amount of the Lease Payments thereafter I coming due under the page of Exhibit "B" attributable to the number of days after such ten (10) day period during which the City fails to take such actions and for any other loss suffered by Lessor as a result of the City's failure to take such actions as required. Section 4.4. Termination of Lease Term. The Term of each Lease will terminate upon the occurrence of the first of the following events: (a) the termination thereof by the City with respect to the related Property Group in accordance with Section 4.2; (b) the exercise by the City of its option to purchase Lessor's interest in the related Property Group pursuant to Article 10.; (c) a default by the City with respect to the related Property Group and Lessor's election to terminate the Lease with respect to such Property Group pursuant to Article 10.; or (d) the payment by the City of all Lease Payments and all other amounts authorized or required to be paid by the City hereunder with respect to the related Property Group. Section 4.5. Termination of Agreement. Either Lessor or City may terminate this Agreement as to any further financings hereunder after the expiration of the initial one -year term or after the expiration of any annual extension term by giving 90 days written notice to the other as set out in Section 13.1 herein. Notwithstanding the termination, the Agreement will remain in full force and effect with respect to Leases outstanding as of the date of such termination, and such Leases may terminate only as provided in Section 4.4 herein. ARTICLE 5. LEASE PAYMENTS Section 5.1. Lease Payments. City agrees to pay Lease Payments during the Lease Term in the amounts specified in each Exhibit "S ". Lessor shall invoice City monthly with each invoice stating the Property Group Lease number (A -__) and Lease Payment for each Property Group for which payment is invoiced. Using a format agreed to by the Contract Administrator and Lessor's authorized representative, City shall make monthly payments on the first business day of the month; however, the Contract Administrator reserves the right to change the payment date for future Leases on 90 days prior written notice to Lessor. All Lease Payments must be paid to Lessor at its offices at the address specified in the first paragraph of this Lease, or to such other person(s) or entity(ies) to which Lessor has assigned such Lease Payments as specified in Article 11., at such place as such assignee may designate by written notice to the Contract Administrator. The City shall pay the Lease Payments exclusively from monies legally available therefore, in lawful money of the United States of America. Interest with respect to the Lease Payments for any Property Group accrues from the date of Lessor's payment to Contractor or, if the escrow agreement described in Section 3.6 is utilized, from the date of Lessor's deposit of funds with the escrow agent. 10 Section 5.2. Current Expense. The obligations of the City under this Agreement, including its obligation to pay the Lease Payments due with respect to the Property, in any Fiscal Year for which this Agreement is in effect, constitutes a current expense of the City for such Fiscal Year and does not constitute an indebtedness of the City within the meaning of the constitution and laws of Texas. Nothing herein constitutes a pledge by the City of any taxes or other monies, other than monies currently appropriated from time to time by or for the benefit of the City in the annual budget of the City and the proceeds or Net Proceeds of the Property, to the payment of any Lease Payment or other amount coming due hereunder. Section 5.3. Interest Component. A portion of each Lease Payment is paid as and represents the payment of Interest. Exhibit "B" sets forth the Interest component of each Lease Payment. Lessor agrees that the interest component for each Property Group be established as follows: Amortization Period Applicable Interest Rate 12 months 79% of 11 month thru 1 year Secure Connect Bullet Rate plus 1.300% 18 months 79% of 11 month thru 1 year Secure Connect Bullet Rate plus 1.300% 24 months 79% of 1 year thru 1.5 year Secure Connect Bullet Rate plus 1.300% 30 months 79% of 1 year thru 1.5 year Secure Connect Bullet Rate plus 1.300% 36 months 79% of 1.5 year thru 2 year Secure Connect Bullet Rate plus 1.300% 42 months 79% of 1.5 year thru 2 year Secure Connect Bullet Rate plus 1.300% 48 months 79% of 2 year thru 2.5 year Secure Connect Bullet Rate plus 1.300% ; 60 months 79% of 2.5 year thru 3 year Secure Connect Bullet Rate plus 1.300% 72 months 79% of 3 year thru 4 year Secure Connect Bullet Rate plus 1.456% 84 months 79% of 3 year thru 4 year Secure Connect Bullet Rate plus 1.495% 120 months 79% of 5 year thru 6 year Secure Connect Bullet Rate plus 1.606% The Interest Rate will be calculated on the basis of a 360 day year. 11 Section 5.4. Lease Payments to be Unconditional. The obligation of the City to make Lease Payments or any other payments required hereunder during a Lease Term is absolute and unconditional in all events, subject to Non - appropriation. Notwithstanding any dispute between the City and Lessor or any other person, the City shall make all Lease Payments when due and shall not withhold any Lease Payment pending final resolution of such dispute nor shall the City assert any right of set -off or counterclaim against its obligation to make such Lease Payments required under this Agreement. The City's obligation to make Lease Payments during any Lease Term shall not be abated through accident or unforeseen circumstances. However, nothing herein may be construed to release Lessor from the performance of its obligations hereunder; and if Lessor fails to perform any such obligation, the City may institute such legal action against Lessor as the City may deem necessary to compel the performance of such obligations or to recover damages therefor. Section 5.5. Prepayment Provision. City shall have the right to prepay any Lease Payments (i) at any time upon 30 days prior written notice to Lessor and (ii) in accordance with Article 10 hereof. Section 5.6. No Other Fees. The City will pay Lessor no other fees than the Interest and Principal, late charges and other amounts as specifically provided in this Agreement. Section 5.7. Appropriations. (a) City, by entering into this Agreement, acknowledges its current intention to make all payments due under this Agreement during its current Fiscal Year on the dates such payments are then due, but does not commit to a legal or other obligation to make other payments due under this Agreement or to incur any liability or debt beyond the revenue and income provided during its then current Fiscal Year. The liability and obligations of City during each Fiscal Year and remedies of Lessor will be limited to recovery only of funds appropriated for payments for such Fiscal Year. (b) City agrees (i) that the governing body of City shall, for each ensuing Fiscal Year in which the payments are scheduled to be made, to the extent funds have been appropriated for such Fiscal Year, make all such payments as and when due; and (ii) that if sufficient funds are appropriated and budgeted for the next Fiscal Year for the sale and lease of the Property, then the relevant Lease and Lease Payments will continue during such Fiscal Year. Section 5.8. Funding Intent. City reasonably believes that sufficient funds can be obtained to make all installment payments and other payments during the term. of this Agreement. City affirms that funds to pay installment payments and other payments under this Agreement are available for City's current Fiscal Year. City and Lessor agree that City's obligation to make installment payments under this Agreement will be City's current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained in this Agreement will be interpreted as a pledge of City's general tax revenues, funds or moneys. 12 ARTICLE 6. ACTIONS ARISING OUT OF PROPERTY USE: DAMAGE OR DESTRUCTION OF PROPERTY; INSURANCE Section 6.1. To the extent permitted by Texas law, the City agrees to indemnify, protect, save, and keep harmless Lessor or any assignee or transferee of Lessor and their respective agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs, and expenses (including reasonable attorney's fees) of whatsoever kind or nature, imposed on, incurred by, or asserted against Lessor that in any way relate to or arise out of the Property, or any part thereof, including, without limitation, the construction, purchase, delivery, installation, ownership, leasing or return of the Property as a result of the use, maintenance, repair, replacement, operation or condition thereof (whether defects are latent or discoverable by Lessor or by the City), except such as may result from the negligence or willful misconduct of Lessor or any assignee or transferee of Lessor or any of their respective agents and servants. This indemnification will be effective from the date the first Property Group is leased by the City and shall survive the termination of this Agreement. City agrees to give Lessor prompt written notice of any claim or liability hereby indemnified against. The City shall not be required to pay any federal, state, or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Lessor, its successors or assigns. Section 6.2. Damage to or Destruction of Property. If after delivery of any Property to the City, such Property is lost, stolen, destroyed, or damaged beyond repair, the City shall as soon as practicable after such event either: (i) replace the same at the City's sole cost and expense with Property of equal or greater value to the Property immediately prior to the time of the loss occurrence, such replacement Property to be subject to Lessor's reasonable approval, whereupon the replacement will be substituted in this Lease by appropriate endorsement; or (ii) pay the applicable Purchase Option Price of the Property. The City shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence and shall complete the action within six (6) months of the loss occurrence, provided if City is not in default hereunder and has not terminated any Lease under Section 4.2, Lessor may agree to extension of the time for performance under clause (i) if the City provides evidence that the replacement Property has been ordered. If the City fails or refuses to notify Lessor within the required period, Lessor may declare the Purchase Option Price applicable to the Property immediately due and payable by the City. The Net Proceeds of all insurance payable with respect to the Property will be used to discharge the City's obligation under this Section. On payment of the Purchase Option Price, this Lease will no longer apply to the Property and the City thereupon becomes entitled to the Property AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY, except that the Property must not be subject to any lien or encumbrance created by or arising through Lessor. 13 The parties hereto mutually agree that, only as to Property of a nominal value, should such property be destroyed, upon the mutual written agreement between City and Lessor, the Lease of such Property may be continued and City may continue to make the relevant Lease Payments as set forth in Exhibit B hereto. Section 6.3. Insurance. With respect to all Property subject to any Leases, at all times City shall use its best efforts to provide an actuarially sound self - insurance liability program with limits which are established by the Texas Tort Claims Act. Upon prior written request by Lessor, City will deliver to Lessor evidence satisfactory to Lessor showing the existence of such insurance, including, without limitation and as applicable, a letter confirming its self - insurance status. The City will also provide commercial property /casualty coverage and deliver, upon request, proof of insurance. If City fails to maintain such insurance, Lessor may obtain such insurance as Lessor deems necessary, and City will reimburse Lessor for all premiums therefor, together with interest at the maximum rate permitted pursuant to Chapter 1204, Government Code, as amended, or other applicable law then in effect. ARTICLE 7. OTHER OBLIGATIONS OF THE CITY Section 7.1. Use; Permits. The City shall obtain all permits and licenses necessary for the installation, operation, possession, and use of the Property. The City shall comply with all state and federal laws applicable to the installation, use, possession, and operation of the Property, and if compliance with any such state and federal law requires changes or additions to be made to the Property, such changes or additions shall be made by the City at its expense. City agrees that if City is required to deliver any item of Property to Lessor or Lessor's agent, the Property shall be free of all substances which are regulated by or form a basis for liability under any environmental law. City shall comply with all license and copyright requirements of any software used in connection with the Property. Section 7.2. Maintenance of Property by the City. The City shall maintain, preserve, and keep the Property in good repair, working order, and condition, and shall make all repairs and replacements necessary to keep the Property in such condition. Section 7.3. Taxes, Other Governmental Charges and Utility Charges. Except as expressly limited by this Section, the City shall pay all charges of any kind which are at any time lawfully assessed or levied against the City with respect to the Property, the Lease Payments or any part thereof, which become due during each Lease Term. The Property which is the subject of this Agreement is, and shall be during all Lease Terms, owned and held only for public purposes and devoted exclusively to the use and benefit of the public and, as such, is exempt from ad valorem property tax. If Lessor receives any notice of taxes due with respect to any Property, it shall not pay such taxes but will promptly forward such notice to the Contract Administrator. The City shall also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges lawfully assessed or levied against the City incurred in the operation, maintenance, use, occupancy, and upkeep of the Property, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Property; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over 14 a period of years, the City shall be obligated to pay only such installments as are required to be paid during the relevant Lease Term as and when the same become due. The City may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility, and other charges and, in the event of any such contest, may permit the taxes, assessments, utility, or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such items the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments, utility or other charges or provide Lessor with full security against any loss which may result from nonpayment, in a form satisfactory to Lessor. The Property acquired pursuant to this Agreement is under the sole possession and exclusive use of the City as part of the City's governmental services in furtherance of its public purpose. The City does not make any representation, implied or otherwise, regarding the exemption or taxability of the Property for purposes of ad valorem and personal property taxation. All UCC statements, financing statements, or instruments filed of record to reflect Lessor's interest in the Property must state that: All property made subject of this UCC filing are owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and are used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. Section 7.4. Advances. If the City fails to perform any of its obligations under this Article, Lessor may, but is not obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and the City is obligated to repay all such advances on demand, with interest at the rate of the existing loan or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE 8. TITLE Section 8.1. Title. During each Lease Term, and so long as the City is not in default under Article 12., legal title to the Property and any and all repairs, replacements, substitutions, and modifications to the Property will be in the City. Upon termination of a Lease under Section 4.2 or after default of the City, full and unencumbered legal title to such Property Group passes to Lessor, and the City shall have no further interest therein. In either of such events, the City shall execute and deliver to Lessor such documents as Lessor may reasonably request to evidence the passage of legal title to such Property Group to Lessor and the termination of the City's interest therein, and upon request by Lessor, City will deliver possession of the Property Group to Lessor in accordance with Section 12.3. Upon termination of a Lease with respect to any Property Group through exercise of the City's option to purchase pursuant to Article 10. or 15 through payment by the City of all Lease Payments and other amounts relating thereto, Lessor's security and all other interest in such Property Group terminates, and Lessor shall execute and deliver to the City such documents secu tthe or otherContract i interest in such Property Groupy request to evidence the termination of Lessor's y Section 8.2. Security Interest. Lessor has and retains a security interest, under the Uniform Commercial Code, in the Property, the proceeds thereof and all repairs, replacements, substitutions, and modifications thereto or thereof made pursuant to Section 8.5, in order to secure the City's payment of all Lease Payments due during each Lease Term and the performance of all other obligations herein to be performed by the City. In the event such Property is a motor vehicle, Lessor may require the state of registration to note Lessor's security interest on its records and the Certificate of Title for the vehicle. The City, acting through its Contract Administrator, will join with Lessor in executing such financing statements or other documents and will perform such acts as Lessor may request to establish and maintain a valid security interest in the Property. All UCC statements must indicate that title to a Property Group is in the City and exempt from ad valorem taxation as public property used for a public purpose under the constitution and laws of the State of Texas and contain the bold language of the indented paragraph in Section 7.3. If requested by Lessor, the City shall conspicuously mark the Property with lettering, labels, or tags as are reasonably approved by the City Manager, and maintain such markings during each Lease Term, so as clearly to disclose Lessor's security interest in the Property. If Lessor requires the Certificate of Title to note Lessor's security interest in a Property, upon payment in full by City of all Lease Payments and other related amounts, Lessor must give City a written release of Lessor's security interest so that the Certificate of Title may be reissued in the name of City without any security interest. the City shall not, directly or indirectly, Section 8.3. Liens. During each Lease Term, lien, charge, encumbrance, or create, incur, assume, or suffer to exist any mortgage, pledge, claim on or with respect to the Property, other than All Property is exempt Lessor and the City as local d valorem herein provided and Permitted Encumbrances. P taxation as property owned by a political subdivision and used for public purposes. Lessor shall not pay or incur any charge, assessment, or tax on any Property Group for which the City can claim an exemption from such charges as property used by a political subdivision of the State of Texas for public purposes as provided by the constitution and laws of the State of Texas. Except as expressly provided in Section a this remCity oveshall ysuch mortgage pledge, lien, take such action as may be necessary charge, encumbrance, or claim if the same arise at any time. Section 8.4. Installation of the City's Property. The City may at any time in its sole discretion and at its own expense, install other items of equipment in or upon the Property, which items must be identified by tags or other symbols affixed thereto as property of the City. All such items so identified remain the sole property of the City, in which Lessor has no interest, and may be modified or removed by the City provided that the City must repair and restore any damage to the Property resulting from the installation, modification, or removal of any such items. Nothing in this Lease prevents the City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest attaches to any part of the Property. 16 Section 8.5. Modification of Property. The City shall, at its own expense, have the right to make repairs, replacements, substitutions, and modifications to all or any of the parts of the Property. All such work and any part or component used or installed to make a repair or as a replacement, substitution, or modification, will thereafter comprise part of the Property and be subject to the provisions of this Agreement. Such work must not in any way damage the Property or cause it to be used for purposes other than those authorized under the provisions of state and federal law or contemplated by this Agreement; and the Property, upon completion of any such work must be of a value which is not less than the value of the Property immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not permit any mechanic's or other lien to be established or remain against the Property for labor or materials furnished in connection with any repair, replacement, substitution, or modification made by the City pursuant to this Section; provided that if any such lien is established and the City shall first notify Lessor in writing of the City's intention to do so, the City may in good faith contest any lien filed or established against the Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such item the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City will promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with the City in any such contest, upon the request and at the expense of the City. Section 8.6. Personal Property. The Property is and at all times remains personal property notwithstanding that the Property or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building. ARTICLE 9. WARRANTIES Section 9.1. Selection of Property. The Property and the Contractor have been selected by the City, and Lessor will have no responsibility in connection with the selection of the Property, its suitability for the use intended by the City, the acceptance by the Contractor of the order submitted, or any delay or failure by the Contractor to manufacture, deliver, or install the Property for use by the City. Upon acceptance of the Property, the City will add the serial number of the Property to Exhibit "A ". Section 9.2. Installation and Maintenance of Property. Lessor shall have no obligation to install, erect, test, inspect, service, or maintain the Property under any circumstances, but such actions are the obligation of the City or the Contractor. Section 9.3. Contractor's Warranties. Lessor hereby assigns to the City for and during each Lease Term, all of its interest in all Contractor's warranties and guarantees, express or 17 implied, issued on or applicable to the Property, and Lessor hereby authorizes the City to obtain the customary services furnished in connection with such warranties and guarantees at the City's expense. Section 9.4. Patent Infringement. Lessor hereby assigns to the City for and during each Lease Term all of its interest in patent indemnity protection provided by a Contractor with respect to the Property. Such assignment of patent indemnity protection by Lessor to the City constitutes the entire liability of Lessor for any patent infringement by Property fuunished pursuant to this Lease. Section 9.5. Disclaimer of Warranties. THE PROPERTY IS DELIVERED AS IS, WHERE IS, AND LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY EXCEPT AS SET FORTH IN THIS AGREEMENT. ARTICLE 10. OPTION TO PURCHASE Section 10.1. When Available. The City has the option to purchase Lessor's interest in any Property Group on any Payment Date relating thereto for the then applicable Purchase Option Price relating thereto, but only if the City is not in default under this Agreement, and only in the manner provided in this Article. Section 10.2. Exercise of Option. The City will give written notice to Lessor of its intention to exercise its option with respect to any Property Group not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and will deposit with Lessor on the date of exercise an amount equal to all Lease Payments and any other amounts relating to such Property Group then due or past due (including the Lease Payment relating thereto due on the Payment Date on which the option is to be exercised) and the applicable Purchase Option Price relating thereto. The closing will be on the Payment Date on which the option is to be exercised. Section 10.3. Release of Lessor's Interest. Upon execution of the purchase option with respect to any Property Group by the City, Lessor will convey or release to the City, all of its right, title, and /or interest in and to the Property Group by delivering to the Contract Administrator such documents as the City Attorney deems necessary for this purpose. ARTICLE 11. ASSIGNMENT, SUBLEASING, MORTGAGING, AND SELLING Section 11.1. Assignment of Lessor. All of Lessor's right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts relating thereto due hereunder, and the right to exercise all rights under this Agreement relating to such Property Group may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor at any time, only with the prior written consent of the City Manager, unless the Lessor continues to bill and service the Lease. No such assignment will be effective as against the City unless and until the assignor has filed with the City a copy of written notice thereof identifying the assignee. 18 The City will pay all Lease Payments due hereunder relating to such Property Groups to or at the direction of Lessor or the assigned named in the most recent assignment or notice of assignment with respect to such Property Group filed with the Contract Administrator. During each Lease Term, both Lessor and City will keep a complete and accurate record of all such assignments. In the event Lessor assigns participants in its right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts due with respect thereto, and the rights granted under this Agreement relating thereto, such participants will be considered to be Lessor with respect to their participated shares thereof. Lessor may assign its rights under a Lease to an affiliate without notice to the City provided the Lessor continues to bill and collect Lease Payments and the Lessor agrees to keep a record of the assignments for purposes of Section 149(a) of the Internal Revenue Code. Section 11.2 Assignment and Subleasing by the City. Neither this Agreement nor the City's interest in the Property may be assigned by the City without the written consent of Lessor. However, the Property may be subleased by the City, in whole or in part, with the prior written consent of Lessor, subject to each of the following conditions: (i) Each Lease and the obligation of the City to make Lease Payments hereunder, remain the sole obligations of the City. The sublessee assumes the obligations of the City hereunder to the extent of the interest subleased. (iii) The City shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Lessor a true and complete copy of such sublease. (iv) No sublease by the City causes the Property to be used for a purpose other than an essential governmental function devoted exclusively to public use authorized under the provisions of the constitution and laws of Texas. (v) No sublease causes the Interest component of the Lease Payments due with respect to the Property to become included in the gross income of the recipient for federal income tax purposes. Section 11.3. Restriction on Mortgage or Sale of Property by the City. Except as provided in Section 11.2, the City shall not mortgage, sell, assign, transfer, or convey the Property or any portion thereof during the Term of this Agreement, or remove the same from its boundaries, without the written consent of Lessor provided that the City may designate the location of the Property outside the City boundaries in the Certificate of Acceptance. ARTICLE 12. EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The following will be "events of default" under this Agreement with respect to any Property Group and the terms "events of default" and "default" mean, whenever they are used in this Agreement, with respect to any Property Group, any one or more of the following events: 19 (i) Failure by the City to pay a Lease Payment or other payment required to be paid under any Lease with respect to any Property Group at the time specified herein and the continuation of said failure for a period of five (5) days after telex, facsimile, or telegraphic notice given by Lessor that the payment referred to in such notice has not been received, such telex, facsimile or telegraphic notice to be subsequently confirmed in writing. (ii) Failure by the City to observe and perform any covenant, condition, or agreement on its part to be observed or performed with respect to any Property Group, other than as referred to in Clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure. Such notice to the City by the Lessor must request that the default be remedied, unless Lessor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (iii) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, garnishment, or attachment of such consequence as would impair the ability of the City to carry on its governmental function or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the United States Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. (iv) (A) Default with respect to City's bonds, other public securities, or other debt owed to banks or other financial institutions (collectively, "Debt ") which remains uncured in accordance with its terms or, (B) City defaults under any Debt or any other material agreement relating to Debt to which City is a party with third parties, resulting in a right by such third parties to accelerate the maturity of City's Debt, and such default materially impairs City's ability to pay its' obligations to Lessor under this Agreement. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure the City is unable in whole or in part to carry out its obligations under any Lease with respect to any Property Group, other than its obligation to pay Lease Payments with respect thereto which must be paid when due notwithstanding the provisions of this paragraph, the City will not be deemed in default during the continuance of such inability. The term "force majeure" as used herein means, without limitation, the following: acts of God, strikes, lockouts, or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the State or their respective departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other causes or events not reasonably within the control of the City and not resulting from its negligence. The City agrees, however, to remedy with all reasonable dispatch the cause or causes preventing the City from carrying out its obligations under this Lease; provided that the settlement of strikes, lockouts, and other labor disturbances are entirely within the discretion of the City Manager and the City Manager is not required to make settlement of strikes, lockouts, and other labor disturbances by 20 acceding to the demands of the opposing party or parties when such course is in the judgment of the City Manager unfavorable to the City. Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof has happened and is continuing with respect to any Property Group, Lessor may, at its option and without any further demand or notice, take one or any combination of the following remedial steps: (i) Lessor may terminate the Lease with respect to such Property Group and declare all Lease Payments due thereunder with respect to such Property Group during the Fiscal Year in effect. (ii) Lessor may terminate the Lease with respect to such Property Group and repossess the Property Group wherever it is located; Lessor may enter upon the City's premises where the Property Group is kept and take possession of the Property Group. Notwithstanding the fact that Lessor has taken possession of the Property Group, the City must pay for the Lease Payments due with respect thereto during the Fiscal Year then in effect. (iii) Lessor may require City to deliver the Property to a location designated by Lessor. (iv) Lessor may proceed by court action to enforce performance by City of any terms of this Agreement and /or to recover all damages and expenses incurred by Lessor by reason of any "event of default." (v) Lessor may exercise any other right or remedy available to Lessor at law or in equity. (vi) If Lessor terminates the Lease with respect to a Property Group and takes possession of such Property contained therein, Lessor, within sixty (60) days thereafter, must use its commercially reasonable efforts to sell such Property or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable state laws. Lessor must apply the proceeds of such sale to pay the following items in the following order: (a) all costs incurred in securing possession of the Property Group; (b) all expenses incurred in completing the sale; (c) the balance of any Lease Payments with respect to such Property Group owed by the City during the Fiscal Year then in effect; and (d) the applicable Purchase Option Price with respect to the Property Group due at the end of the Fiscal Year. Any sale proceeds remaining after disbursement pursuant to Clauses (a), (b), (c), and (d) must be paid to the City. Section 12.3. Return of Property. Upon the expiration or termination by the City of a Lease with respect to any Property Group prior to the payment of all Lease Payments in accordance with the related Exhibit "B," the City must transfer title to the Property Group to Lessor if Lessor so instructs in writing and return such Property Group to Lessor in the condition, repair, appearance, and working order required in Section 7.2, in the following manner as may be specified by Lessor: (i) by delivering the Property Group at the City's cost and expense to such place within Texas as Lessor specifies; or 21 (ii) by loading such portions of the Property Group as are considered movable at the City's cost and expense, on board such carrier as Lessor specifies and shipping the same, insurance freight prepaid, to the place within Texas specified by Lessor. If the City refuses to return the Property Group in the manner designated, Lessor may repossess the Property Group and charge to the City the costs of such repossession or pursue any remedy described in Section 12.2. Section 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Lessor by this Article is intended to be exclusive and every such remedy is cumulative and in addition to every other remedy at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or be construed as a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Lessor or its assignee. Section 12.5. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Agreement defaults under any of the provisions hereof and the non - defaulting party employs attorneys and /or incurs other expenses for the collection of monies or for the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the parties agree that attorneys' fees and expenses will be paid as authorized by law. Section 12.6. Late Charge. Whenever any event of default referred to in Section 12.1, Clause (i) hereof has happened and is continuing with respect to any Property Group, Lessor has the right, at its option and without any further demand or notice, to require a late payment charge for each thirty (30) day period or part thereof during which such event of default occurs equal to existing interest rate of the delinquent amount not to exceed the maximum authorized by law and the City will be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, however, that this Section 12.6 will not be applicable if or to the extent that the application thereof would affect the validity of this Agreement. 22 ARTICLE 13. ADMINISTRATIVE PROVISIONS Section 13.1. Notices. All notices, certificates, legal opinions, or other communications hereunder will be sufficiently given and will be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid to the addresses specified in this Lease; provided that Lessor and the City, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions, or other communications will be sent. Unless otherwise changed by written notice, all notices required under this Lease must be directed to the following addresses: CITY: Director of Financial Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Phone (361) 826 -3604 Fax (361) 826 -3601 LESSOR: Vice President Frost Bank c/o Frost Leasing 100 West Houston Street San Antonio, Texas 78205 Phone (210) 220 -6850 Fax (210) 220 -6765 Daily communications between Contract Administrator and Lessor will be primarily documented by written notices sent by email. For daily, routine communications email notice is adequate. For formal notice required by any Article or Section of this Agreement email notice, if any, must be followed by United States certified mail notice. Section 13.2. Financial Information. During the Term of this Agreement, the Contract Administrator annually will provide Lessor with current financial statements, budgets, proof of appropriation of the ensuing Fiscal Year and such other financial information relating to the ability of the City to continue this Agreement as may be reasonably requested by Lessor or its assignee within 30 days of written request therefor. Section 13.3. Binding Effect. This Agreement inures to the benefit of and will be binding upon Lessor and the City and their respective successors and assigns. This Agreement must not be construed to confer any rights, duties, or interest on any party not a successor in interest or assignee of Lessor or the City nor may any such party rely on this Agreement as evidence of any duty, right, or obligation of Lessor or the City unless both the Lessor and the City, or their successors and assigns, acknowledge such duty, right, or obligation in writing, directly addressed to such third party. Section 13.4. Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Exhibit A, in no event does this Agreement or any Lease hereunder require the payment or permit the collection of Interest or fees in excess of the maximum amount permitted by applicable law. Any such excess interest or fees must first be applied to , reduce Principal, and when no Principal remains, refunded to City. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of interest must be spread through the applicable Lease Term so that the Interest is uniform through such term. 23 Section 13.5. Amendments, Changes, and Modifications. This Agreement may be amended or any of its terms modified only by written agreement in a document executed, and delivered by duly authorized representatives of both the Lessor and the City. Section 13.6. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions, Articles, Sections, or Clauses of this Agreement. Section 13.7. Further Assurances and Corrective Instruments. Lessor and the City agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. The Contract Administrator is hereby authorized by the City Manager to execute such addenda as attached hereto as Exhibits for each Property Group and such other instruments, including, but not limited to, UCC statements, Bill of Sales, etc. that are necessary to carry out the responsibilities, duties, and obligations required of the City in accordance with the terms and conditions of this Agreement. Section 13.8. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which constitute an original and all of which constitute but one and the same instrument. Section 13.9. Applicable Law. This Agreement must be governed by and construed in accordance with the laws of Texas. Section 13.10. Entire Agreement. This Agreement, and all addenda and exhibits, as may hereafter be executed, constitute the entire agreement between the parties and supersede all previous negotiations, commitments, and contracts. Section 13.11. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding does not invalidate or render unenforceable any other provision hereof. To the extent any term herein creates a pecuniary obligation which constitutes a "debt" not payable under current revenues under Sections 5 and 7 of Article II of the Texas Constitution, such provision will be applied only to the extent performance or assumption of such obligation by the City is enforceable and valid under the constitution and laws of Texas. Section 13.12 Survival. All representations, warranties, covenants and agreements made by City pursuant to this Agreement shall survive the termination of this Agreement. Section 13.13 No "Net Effective Interest Rate ". Notwithstanding anything contained in this Agreement to the contrary, in no event shall interest contracted for, charged or received hereunder, plus any other charges in connection herewith that constitute interest on this Agreement under applicable law, result in a "net effective interest rate" as defined in Section 271.003(6) of the Local Government Code, as amended, in excess of the net effective rate at which public securities may be issued in accordance with Chapter 1204, Government Code, as amended. The amounts of such interest or other charges previously paid to Lessor in excess of 24 the amounts permitted by the preceding sentence shall be applied by Lessor to reduce the principal of the indebtedness incurred by City pursuant to this Agreement, or, at the option of Lessor, be refunded. To the extent permitted by Chapter 1204, Government Code, as amended, or other applicable law then in effect, determination of the maximum net effective interest rate shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Agreement and such indebtedness, all interest at any time contracted for, charged or received from City hereof in connection with the indebtedness evidenced hereby, so that the actual rate of interest under this Agre indebtedness ement shall be co edoas the term hereof. Interest on the unpaid amounts simple interest. 25 IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer; and the City has caused this Agreement to be executed in its name by its City Manager, or his designee, effective for all purposes as of CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services LESSOR: Frost Bank January 3, 2013 By: Printed Name: Scott Anderson Title: Vice President P161 Exhibit "A " PROPERTY DESCRIPTION The following Property comprises a Property Group which is subject to the terms and conditions of that certain Master Lease Purchase Agreement entered into by and between the City of Corpus Christi and (Lessor) dated the day of 20 uanti Description Serial Number All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions Texas against the assessmentu levy, the Constitution and laws of the State charges for ad valorem taxation, personal property taxation, or any other charges. LESSOR By: Name: Title: CITY OF CORPUS CHRISTI Constance Sanchez Director of Financial Services 27 Exhibit "B " SCHEDULE OF LEASE PAYMENTS RELATING TO PROPERTY The following schedule of Lease Payments constitutes the applicable payments for the Property Group described on Exhibit "A " attached to that. certain Master Lease Purchase Agreement entered by and between the City of Corpus Christi and (Lessor) dated the day of � 20 Purchase Due Payment Total Principal Interest Date Number Payment Component Component All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. LESSOR: By: Name: Title: 1A CITY OF CORPUS CHRISTI Constance Sanchez Director of Financial Services Exhibit "C" CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting of the City of Corpus Christi, (the City), and, with respect AcreementM by and between Lessor the dated ' ( e g City that: I. The Property listed on Exhibit "A " (the Property Group) has been delivered and installed in accordance with the City's Specifications (as that term is serial vehicle the identification Agreement) e and has been fully tested and finally accepted y tY nuinber(s) of the Property Group is /are listed on Exhibit "A- 2. The Lease Payments provided for on the page of Exhibit "B " relating to such Property Group (the Lease Payments) shall commence monthly beginning > and be due and payable on the first business day of each month thereafter. 3. The City has appropriated and /or taken oteerlawful er the Lease during the�urrent1fiscal sufficient to pay all Lease Payments required to b paid year of Lessee, and such monies will be applied in payment of all such Lease Payments due and payable during such current fiscal year. 4. During the Lease Term (as defined in the Lease) evo edPexclusively to public used by Such City to perform essential governmental functions functions are: 5. The City has not terminated any Lease under Section 4.2 of the Agreement and no Event by Default has occurred thereunder. 6. There is no litigation, action, suit, or proceeding pending rganization or existence trative agency, arbitrator, or governmental body, that challenges the City; the authority of the City or its officers her do cud dthe eby; authorization, approval, and execution of t he Lease and other the appropriation of monies, or any other action taken the Cites current fiscal years or the ability make lease Payments coming due under the Lea Y of the City otherwise to perform its obligations under the Lease and the transaction contemplated thereby. CITY OF CORPUS CHRISTI Constance Sanchez, Director of Financial Services Acknowledged by , Lessor, this day of Authorized Agent Exhibit "D" OPINION OF COUNSEL Re: Master Lease Purchase Agreement dated as of the day of , by and between the City of Corpus Christi ( "City ") and , (Lessor). Dear Sir or Madam: I have acted as counsel to the City with respect to the Master n this capacity have previewed described above (the Agreement) and various he Agreement and the Exhibits attached thereto. Based a duplicate original or certified copy g opinion upon the examination of these and such other documents as I deem relevant, it is my o that: 1, The City is a municipal corporation and political subdivision of the State of Texas, duly organized, existing, and operating under the Constitution and laws of the State of Texas. 2. The City is authorized and has power under applicable co law to enter into fated the eb e Agreement, and to carry out its obligations thereunder and the transaction em P The Agreement has been duly authorized, approved, executed, and delivered accordance with 3. Th g behalf of the City, and is a valid and binding contract of the City enforce its terms, except to the extent limited by state and fedea s relating affecting or affecting affecting t e bankruptcy, reorganization, or other laws of general application enforcement of creditor's rights. 4. The authorization, approval, and execution of the Agreement and all other proceedings of the City relating to the transactions contemplated thereby have ws erules, n d regulations of the with all applicable open meeting, public bidding, and all State of Texas. ropriation of monies to pay the Lease 5. The execution of the Agreement and the app constitutional, statutory, or Payments coming due thereunder do not result m the vi olation of any other limitation relating to the manner, form, or amount of indebtedness which may be incurred by the City. 6. There is no litigation, action, suit, or proceeding pending before any court, administrative agency, arbitrator, or governmental body, that challenges the organization or into the existence of the City; the authority of the City or its offic s o enter f he Agr ement, Exhibits employees to Agreement; the proper authorization, approval and/or execution thereto and other documents contemplated thereby; the appropriation of monies to make Lease EXHIBIT E Standard Form LLC LLC NO. BI NO. LEASE LINE OF CREDIT REQUISITION AND RECEIVING REPORT City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 CITY CONTACT: CONTACT TELEPHONE: (361) 826 -3651 FAX (361) 826 -3601 BUDGETED EQUIPMENT COST: FINANCING TERM: 36 mo _ _, 42 mo _, 48 mo 60 mo _, 84 mo ____, 120 mo _, Other (specify) TOTAL APPROXIMATE COST: $ IS THE FIRST YEAR PAYMENT APPROPRIATED? Yes No (explain) PHONE NO: DATE: ACTIVITY NAME: ACCOUNT /FUND /ORG: DEPARTMENT CONTACT: _ DEPARTMENT APPROVAL: Signature Name: by Lessor: EQUIPMENT: Complete One Form Per Line Item and Attach Specification. Describe equipment (non - technical description) including quantity to be ordered. ESSENTIAL USE: ❑ Check if the proposed equipment replacement. needed,e and age s of ethmated equipment usefulb lif g replaced, why, the proposed equipment ❑ Check if the proposed equipment is additional. State why the equipment is needed and the estimated useful life.