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Agenda Packet City Council - 01/28/2014
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.corn Tuesday, January 28, 2014 11:30 AM 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., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Chaplain Lynne Blacker, CHRISTUS Spohn Health System. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 14-00107 Proclamation declaring January 28, 2014 as "Dress for Success - Corpus Christi Day" Proclamation declaring January 28, 2014 as "Joseph E. O'Brien - Day of Remembrance" Proclamation declaring February 3 - 7, 2014 as "National School Counseling Week" Proclamation declaring February 7, 2014 as "FIRST FRIDAY Day of Prayer" Certificate of Commendation Presentation to Sarah O'Brien, CEO/President of the Navy Army Community Credit Union Swearing-in Ceremony for Newly Appointed Board and Committee Members Corpus Christi Page 1 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. City Performance Report - Police Department b. 1,000 Day Report c. Other H. EXECUTIVE SESSION: (NONE) 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. I. MINUTES: 2. 14-00105 Regular Council Meeting of January 21, 2014. Attachments: Minutes - January 21, 2014 J. BOARDS & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (Item 3) 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 Corpus Christi Page 2 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 remaining items will be adopted by one vote. 3. 13-001226 Resolution supporting exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's federal permit applications for the Corpus Christi LNG Liquefaction Plant Resolution supporting the exportation of liquefied natural gas from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission and the Department of Energy for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. Attachments: Agenda Memo - Cheniere LNG Resolution of Support Resolution - Cheniere LNG MAP Proposed -potential LNG Facilities M. PUBLIC HEARINGS: (Items 4-9) 4. 13-001132 Public Hearing and First Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "RS -22" Single -Family 22 District, on property located at 8410 South Staples Street (FM 2444). Case No. 1213-02 MPM Development, LP: A rezoning from the "FR" Farm Rural District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Plan from estate residential and park uses to low density residential uses. The property to be rezoned is described as being a 23.206 -acre tract out of a portion of the south half of Section 31, Laureles Farm Tracts, located on the south side of South Staples Street (FM 2444), approximately 360 feet east of King Trail. Planning Commission and Staff Recommendation (December 4, 2013): Approval of the rezoning to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by MPM Development, LP ("Owner"), by changing the UDC Zoning Map in reference to a 23.206 -acre tract of land out of a portion of the south half of Section 31, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS -22" Single -Family 22 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - MPM Development, 2410 South Staples Street Map - Aerial Overview, MPM Development, 2410 South Staples Street Zoning Report - MPM Development, 2410 South Staples Street Ordinance - MPM Development, 2410 South Staples Street 5. 13-001178 Public Hearing and First Reading Ordinance - Rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial Corpus Christi Page 3 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 District, on property located at 2502 Saratoga Boulevard (SH 357). Case No. 1213-03 Spear Consolidated, Ltd.: A rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 4.07 -acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, located on the north side of Saratoga Boulevard (SH 357) approximately one-half mile east of Ayers Street (SH 286 Business). Planning Commission and Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Spear Consolidated, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 4.07 -acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Spear Consolidated, 2502 Saratoga Boulevard Aerial Map - Spear Consolidated, 2502 Saratoga Boulevard Zoning Report - Spear Consolidated, 2502 Saratoga Boulevard Ordinance - Spear Consolidated, 2502 Saratoga Boulevard 6. 13-001194 Public Hearing and First Reading Ordinance - Rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, on property located at 7314 South Padre Island Drive (SH 358). Case No. 1213-06 Charles E. Butler: A rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium -density residential uses to commercial uses. The property to be rezoned is described as being 2.28 -acre tract of land out of a portion of Lot 4-B and Lot 5D -R, Block A, Joslin Tract, locatedon the north side of South Padre Island Drive (SH 358) and approximately 850 east of Rodd Field Road. Planning Commission and Staff Recommendation (December 18, 2013): Approval of the rezoning to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Charles E. Butler on behalf of CPAT L.L.C. ("Owner"), by Corpus Christi Page 4 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 changing the UDC Zoning Map in reference to a 2.28 -acre tract of land out of a portion of Lot 4-B and Lot 5D -R, Block A, Joslin Tract, from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Charles E. Butler, 7314 South Padre Island Drive Aerial Map - Charles E. Butler, 7314 South Padre Island Drive Zoning Report - Charles E. Butler, 7314 South Padre Island Drive Ordinance - Charles E. Butler, 7314 South Padre Island Drive 7. 13-001198 Public Hearing and First Reading Ordinance - Rezoning from the "RS -TF" Two -Family District to the "RM -1" Multifamily 1 District on Tract A; from the "RS -TF" Two -Family District and the "RM -3" Multifamily 3 District to the "ON" Office District on Tract B; and from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District on Tract C, for property located at 6801 Saratoga Boulevard (SH 357). Case No. 1213-04 D&E Development Corporation: Rezoning from the "RS -TF" Two -Family District to the "RM -1" Multifamily 1 District on Tract A; from the "RS -TF" Two -Family District and the "RM -3" Multifamily 3 District to the "ON" Office District on Tract B; and from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District on Tract C, resulting in a change to the Future Land Use Plan from commercial uses to medium -density residential uses on Tract A; from commercial uses to professional office uses on Tract B; and no change to the Future Land Use Plan on Tract C. The property to be rezoned is described as being a 9.79 -acre tract of land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard (SH 357), approximately 1,300 feet east of Airline Road. Planning Commission and Staff Recommendation (December 18, 2013): Approval of the rezoning to the "RM -1" Multifamily 1 District on Tract A; to the "ON" Office District on Tract B; and to the "CG -2" General Commercial District on Tract C. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by D&E Development Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 9.79 -acre tract of land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts from the "RS -TF" Two -Family District to the "RM -1" Multifamily 1 District on Tract A, from the "RS -TF" Two -Family District and the "RM -3" Multifamily 3 District to the "ON" Office District on Tract B, and from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District on Tract C; amending the Comprehensive Plan to account for any Corpus Christi Page 5 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - D&E Development, 6801 Saratoga Blvd Aerial Map - D&E Development, 6801 Saratoga Blvd Zoning Report - D&E Development, 6801 Saratoga Blvd Ordinance - D&E Development, 6801 Saratoga Blvd 8. 14-00047 Public Hearing and First Reading Ordinance - Rezoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, on property located at 1301 Daly Drive. Case 0114-01 Hammond Jones Development: A rezoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 0.32 -acre tract of land out of Lot 1, Block 2, Woodlawn Estates, located on the southwest corner of McArdle Road and Daly Drive. Planning Commission and Staff Recommendation (January 15, 2014): Approval of the rezoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ("Owners"), by changing the UDC Zoning Map in reference to a 0.32 -acre tract of land out of Lot 1, Block 2, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Hammond Jones Development, 1301 Daly Drive Aerial Overview Map - Hammond Jones Development, 1301 Daly Drive Zoning Report - Hammond Jones Development, 1301 Daly Drive Ordinance - Hammond Jones Development, 1301 Daly Drive 9. 14-00097 Public Hearing and First Reading Ordinance - Continuing juvenile curfew ordinance Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-42, and 33-43. Attachments: Agenda Memo - Juvenile Curfew Ordinance 2014 2 Ordinance - Juvenile Curfew Continuation 2014 - Police - Revised Attachment A Attachment B Corpus Christi Page 6 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (Items 10-16) 10. 14-00006 First Reading Ordinance - Accepting and appropriating a local grant to purchase an explosive/weapon detection canine Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Earl C. Sams Foundation, in the amount of $12,000 to purchase an explosive/weapon detection canine, training, and associated equipment within the Police Department; and appropriating the $12,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo - Earl C Sams grant approp Ordinance - Earl Sams Grant 2014 - Police (2) Grant Award Letter 11. 13-001218 First Reading Ordinance - Lease agreement for Grande Grossman House at 1517 North Chaparral Street to create Tejano Civil Rights Museum Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with LULAC Council #1 Foundation, doing business as the Tejano Civil Rights Museum, for Grande Grossman House, located at 1517 North Chaparral Street, in the City, Lessee agrees to pay the City, on a monthly basis, zero dollars per month for the first twelve months, $200 per month beginning the thirteenth month until the end of the twenty-fourth month, $400 per month beginning the twenty-fifth month until the end of the thirty-sixth month, $600 per month beginning the thirty-seventh month until the end of the forty-eighth month and $800 per month beginning the forty-ninth month until the end of the five year period. Attachments: Agenda Memo - Tejano Civil Rights Museum Lease - Grande Grossman Ordinance - LULAC lease Grande Grossman house Lease - LULAC for Grande Grossman house MOA- Tejano Museum - TAMU Kingsville 12. 14-00050 First Reading Ordinance - Appropriation of funds for parking and revenue control systems for the Corpus Christi Airport as per agreement with Republic Parking Systems Ordinance appropriating $480,000 from the Unreserved Fund Balance in the No. 4610 Airport Fund for the purchase of parking and revenue control systems for Corpus Christi International Airport; amending the Corpus Christi Page 7 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 FY 2013-2014 Operating Budget adopted by Ordinance 029916 by increasing expenditures by $480,000. Attachments: Agenda Memo - Parking Lot Appropriation Ordinance - Parking Lot Appropriation 13. 14-00019 First Reading Ordinance - Amending City code for public access channel rules and procedures as recommended by the Cable Communication Commission Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - Public Access Rules Update 1.2014 Ordinance - Public Access Rules and Procedures 2014.01 Minutes - Cable Commission 10.2013 14. 13-001227 First Reading Ordinance - Information technology contract Amendment No. 1 and appropriation of funds for the implementation of Project Management Software Ordinance appropriating $213,000 from the Unreserved Fund Balance in No. 5310 Engineering Services Fund; changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $213,000; and authorizing the City Manager or designee to execute Amendment No. 1 to an Information Technology Contract with LMR Consulting dba EPM Live from Carlsbad, CA in the amount of $60,125, fora re -stated fee of $109,125.20 for the implementation of Project Management Software. Attachments: Agenda Memo - Project Management Software Ordinance - Proiect Management Software.pdf Proiect Budget - Proiect Management Software.pdf Amendment No. 1 - Proiect Management Software.pdf Presentation - Proiect Management Software 15. 14-00055 First Reading Ordinance - Amending City code for conversion of one-way traffic to two-way traffic on Hudson Street Ordinance amending Section 53-250 of the Code of Ordinances to delete "Hudson Street, from Shaw Street to Stafford Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. Corpus Christi Page 8 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo - Hudson St.pdf Ordinance - Hudson St. pdf Location Map - Hudson St..pdf Presentation - Hudson Street.pdf 16. 14-00056 First Reading Ordinance - Amending City code for removal of parking prohibition on Manhattan Drive Ordinance amending Section 53-253 of the Code of Ordinances to remove the parking prohibition on Manhattan Drive by deleting the street from "Schedule IV -Stopping, standing or parking prohibited during certain hours on certain streets." Attachments: Agenda Memo - Manhattan Dr.pdf Ordinance - Manhattan Dr.pdf Location Map - Manhattan.pdf Presentation - Manhattan Dr.pdf ADVANCE DESIGN IN PREPARATION OF BOND ISSUE 2014: (Items 17-24) 17. 13-001232 First Reading Ordinance - Amending the FY 2014 Capital Improvements Street Program for Bond 2014 Street Projects Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the City Council approved Bond 2014 street projects as listed in Attachment 1; and increasing revenues and expenditures in the amount of $8,000,000. Attachments: Agenda Memo - Amending CIP for Bond 2014 Ordinance - to amend CIP for Bond 14 projects Attachment 1 18. 13-001228 First Reading Ordinance - Amending the FY 2014 Capital Improvements for Alameda Street from Kinney to Lipan Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $69,565 from Storm Water CIP Fund 4529; $36,173.80 from Wastewater CIP Fund 4503; $33,391.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Alameda Street from Kinney to Lipan; increasing expenditures in the amount of $139,130; and authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews, and Newman, Inc. from Corpus Christi, Texas in the amount of $323,685.00 for Alameda Street from Kinney to Lipan for design, bid, and construction phase services. Corpus Christi Page 9 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo - Alameda from Kinney to Lipan Ordinance - Alameda Street Proiect Budget -Alameda from Kinney to Lipan Location Map - Alameda Street Contract Presentation - Alameda from Kinney to Lipan 19. 14-00007 First Reading Ordinance - Engineering design contract amending the Capital Improvements Budget for a professional services agreement for Waldron Road from Airdrome to Caribbean Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $164,675.00 from Storm Water CIP Fund 4528; $85,631.00 from Wastewater CIP Fund 4510; $79,044.00 from Water CIP Fund 4088 to the Bond 2014 Street Project Waldron Road from Airdome to Caribbean; increasing expenditures in the amount of $329,350.00; and authorizing the City Manager, or designee, to execute an engineering design contract with Urban Engineering from Corpus Christi, Texas in the amount of $672,200.00 for Waldron Road from Airdome to Caribbean for design, bid, and construction phase services. Attachments: Agenda Memo - Waldron Road Airdome to Caribbean Ordinance - Waldron Proiect Budget -Waldron Road from Airdome to Carribean Location Map - Waldron Contract - Waldron Road Presentation - Waldron Road from Airdome to Caribbean 20. 14-00008 First Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvements Street Program for Staples Street from Alameda to Morgan Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $149,917.50 from Storm Water CIP Fund 3494; $77,957.10 from Wastewater CIP Fund 4510; $71,960.40 from Water CIP Fund 4088 to the Bond 2014 Street Project Staples Street from Alameda to Morgan; increasing expenditures in the amount of $299,835.00; and authorizing the City Manager, or designee, to execute an engineering design contract with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $604,670.00 for Staples Street from Alameda to Morgan for design, bid, and construction phase services. Corpus Christi Page 10 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo - Staples Street from Alameda to Morgan Ordinance - Staples Street Prosect Budget -Staples Street from Alameda to Morgan Location Map - Staples Contract Presentation - Staples 21. 14-00010 First Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Yorktown Boulevard from Lake Travis to Everhart Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $251,492.50 from Storm Water CIP Fund 3494, $129,876.10 from Wastewater CIP Fund 4510, $107,516.40 from Water CIP Fund 4479 to the Bond 2014 Street Project Yorktown Boulevard from Lake Travis to Everhart; increasing expenditures in the amount of $488,885.00; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of $994,290 for Yorktown Boulevard. from Lake Travis to Everhart for design, bid, and construction phase services. Attachments: Agenda Memo - Yorktown from Lake Travis to Everhart Ordinance - Yorktown Prosect Budget -Yorktown from Lake Travis to Everhart Location Map - Yorktown Contract Presentation - Yorktown 22. 14-00018 First Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Morgan Avenue from Ocean to Staples Street Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $141,471.25 from Storm Water CIP Fund 3494; $73,565.05 from Wastewater CIP Fund 4510; $67,906.20 from Water CIP Fund 4088 to the Bond 2014 Street Project Morgan Avenue from Ocean Drive to Staples Street; increasing expenditures in the amount of $282,942.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Coym, Rehmet & Gutierrez Engineering, L.P. from Corpus Christi, Texas in the amount of $568,425.00 for Morgan Avenue from Ocean Drive to Staples Street for design, bid, and construction phase services. Corpus Christi Page 11 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo - Morgan from Ocean to Staples Ordinance - Morgan Prosect Budget -Morgan from Ocean to Staples Location Map - Morgan Contract - Morgan Presentation - Morgan 23. 14-00054 First Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Carroll Lane from Houston to McArdle Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $130,075 from Storm Water CIP Fund 3494; $67,639 from Wastewater CIP Fund 4510; $62,436 from Water CIP Fund 4088 to the Bond 2014 Street Project Carroll Lane from Houston to McArdle; increasing expenditures in the amount of $260,150; and authorizing the City Manager, or designee, to execute an engineering design contract with Martinez, Guy & Maybik, Inc. from Corpus Christi, Texas in the amount of $534,420.00 for Carroll Lane from Houston to McArdle for design, bid, and construction phase services. Attachments: Agenda Memo - Carroll Lane from Houston to McArdle Ordinance - Carroll Lane Prosect Budget - Carroll Lane from Houston to McArdle Location Map - Carroll Lane Contract - Carroll Lane Presentation - Carroll Lane 24. 14-00073 First Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Gollihar Road from Staples Street to Weber Road Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $385,729.61 from Storm Water CIP Fund 3494; $82,064.93 from Wastewater CIP Fund 4510; $148,723.56 from Water CIP Fund 4088; $30,878.76 from Gas CIP Fund 4555 to the Bond 2014 Street Project Gollihar Road from Staples Street to Weber Road; increasing expenditures in the amount of $647,396.86; and authorizing the City Manager, or designee, to execute an engineering design contract with Naismith Engineering from Corpus Christi, Texas in the amount of $1,192,395 for Gollihar Road from Staples Street to Weber Road for design, bid, and construction phase services. Corpus Christi Page 12 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo - Gollihar from Staples to Weber Ordinance - Gollihar from Staples to Weber Prosect Budget - Gollihar from Staples to Weber Location Map - Gollihar from Staples to Weber Naismith Contract Presentation - Gollihar from Staples to Weber P. FUTURE AGENDA ITEMS: (Items 25-32) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 25. 14-00095 Service Agreement for Strategic Planning Services Motion awarding a service agreement for Strategic Planning Services with Goody Clancy & Associates Inc., Boston, Massachusetts, for an estimated two year expenditure of $1,536,800 of which $320,166 is required for fiscal year 2013/2014. The term of the agreement is twenty-four months, with options to extend the agreement for up to two additional twelve month periods, subject to the approval of the consultant and the City Manager or designee. Funding is available in the Comprehensive Planning Operations budget for fiscal year 2013/2014. Attachments: Agenda Memo - Planning Services Summary Matrix - Planning Services Comprehensive Plan - Scope 3 Downtown Plan --Scope - 3 Agreement - Planning Services - Final Presentation - Planning Services 26. 14-00013 Supply agreement for food items 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-14-1 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $174,679.54.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 132 Line Items $59,972.75 Performance Food Group Victoria, Texas 123 Line Items $114,706.79 Corpus Christi Page 13 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Grand Total: $174,679.54 Attachments: Agenda Memo - Food Items Award Summary - Food Items 27. 14-00028 Lease purchase of two ambulances for Fire Department use Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC), in the amount of $281,800, of which $14,899.47 is required in FY 2013-2014. The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the City's lease/financing program. Attachments: Agenda Memo - Ambulances -2 Price Sheet - Ambulances 28. 13-001229 Engineering design contract amendment No. 3 for Whitecap Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Amendment No. 3 to the engineering design contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $416,540.00, for a total restated fee of $743,640.00 for the Whitecap Wastewater Treatment Plant (VWVTP) Ultra -Violet (UV) Disinfection System Upgrade. Attachments: Agenda Memo - Whitecap WWTP Project Budget - Whitecap WWTP Location Map - Whitecap WWTP Contract - Whitecap WWTP Presentation - Whitecap WWTP 29. 13-001230 Engineering Design Contract Amendment No. 1 for lifecycle waterline replacement Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $228,440.00, for a total restated fee not to exceed $267,540.00 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. Corpus Christi Page 14 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo -Water IDIQ Prosect Budget - Water IDIQ Location Map - Water IDIQ Contract- Water IDIQ Presentation - Water IDIQ 30. 13-001231 Engineering design contract for Cefe Valenzuela Landfill Disposal Cell Construction of 1B & 1C Motion authorizing the City Manager or designee to execute an Engineering Design Contract with C P & Y, Inc. of Dallas, Texas in the amount of $623,565.00, for Cefe Valenzuela Landfill Disposal Cell Construction of 1B and 1C for the design, bid, and construction phase services. Attachments: Agenda Memo - Cefe Valenzuela Disposal Cells Project Budget - CVL Disposal Cells Construction 1B 1C.pdf Location Map.pdf Contract. pdf Presentation - Cell 1B 1C Design 31. 13-001233 Engineering construction contract for Padre Island water supply project Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $7,308,330.80, for the Padre Island Water Supply Project. Attachments: Agenda Memo - PI Water Supply Project Budget - PI Water Supply Location Map - PI Water Supply Presentation - PI Water Supply 32. 14-00057 Engineering construction contract for Selena Auditorium air handling unit replacement and chilled water pump addition FY2012 Re -Bid Motion authorizing the City Manager, or designee, to execute a construction contract with Miller & Miller Mechanical Contracting Company of Corpus Christi, Texas in the amount of $457,800 for Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition FY 2012 Re -Bid for the base bid. Corpus Christi Page 15 Printed on 2/17/2014 City Council Meeting Agenda - Final January 28, 2014 Attachments: Agenda Memo - Selena Auditorium Air Handling Unit Replace.pdf Location Map - Selena Auditorium Air Handling Unit Replace.pdf Prosect Budget - Selena Auditorium Air Handling Unit Replace.pdf Presentation - Selena Auditorium Air Handling Unit Replace.pdf Q. BRIEFINGS TO CITY COUNCIL: (Items 33-34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 33. 14-00116 Water Supply - Saltwater Desalinization Funding Opportunities Attachments: Agenda Memo - Water Supply Presentation - Water Supply Desalinization Funding 34. 13-001225 Litter Reduction Plan Update Attachments: Agenda Memo Update Jan 16 2014 (3) Presentation - Litter Update Litter Reduction Decision Tree Draft Consolidation Ordinance Draft Consolidation Plus Bag Fee Ordinance Draft Consolidation Plus Bag Ban Ordinance R. ADJOURNMENT Corpus Christi Page 16 Printed on 2/17/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.corn Tuesday, January 21, 2014 11:30 AM 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Minister Eddie Rodriguez, Church of Christ. The invocation was given by Council Member David Loeb. C. Pledge of Allegiance to the Flag of the United States. Ms. Esther Velazquez gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, Interim City Attorney Lisa Aguilar, and City Secretary Rebecca Huerta. Present: 8 - Council Member KelleyAllen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Council Member Priscilla Leal E. Proclamations / Commendations None. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson reported on the following issue: a. City Performance Report - Municipal Information Services Corpus Christi Page 1 Printed on 1/23/2014 City Council Meeting Minutes January 21, 2014 City Manager Olson asked Director of Municipal Information Services Michael Armstrong to provide a briefing on the operations, mission and goals of the Municipal Information Services Department. b. Other None. I. MINUTES: 2. Regular Council meeting of January 14, 2014. Mayor Martinez called for approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill and passed unanimously. J. BOARDS & COMMITTEE APPOINTMENTS: 3. Airport Board Corpus Christi Regional Transportation Authority Mayor Martinez called for board and committee appointments. The following appointments were made: Airport Board - Robert A. Williams (Appointed) Corpus Christi Regional Transportation Authority - Jeffrey Pollack (Appointed) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 4 - 26) Approval of the Consent Agenda Mayor Martinez called for the consent agenda. City Manager Olson stated that Item 23 was withdrawn. There were no comments from the Council or the public. The consent agenda was passed by one vote as follows: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 4. Purchase of ten traffic signal cabinet assemblies Motion approving the purchase of ten (10) traffic signal cabinet assemblies from Paradigm Traffic Systems, Inc., Arlington, Texas for a total amount of $82,240. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Corpus Christi Page 2 Printed on 1/23/2014 City Council Meeting Minutes January 21, 2014 Cooperative (TLGPC). Funds have been budgeted by the Engineering Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-003 5. Supply agreement for single port meter transmission units Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTUs). The award is based on sole source, for an estimated annual expenditure of$473,088 of which $275,968 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-004 6. Grant application for Speed and Driving While Intoxicated (DWI) overtime enforcement Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of$98,082 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of$40,266.75, for a total project cost of$138,348.75, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030052 7. Interlocal agreement for sharing of juvenile records Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with Corpus Christi Independent School District regarding sharing of juvenile records. This Resolution was passed on the Consent Agenda. Enactment No: 030053 8. Purchase for upgrading Intergraph Computer Aided Dispatch (I/CAD), Mobile to Mobile Public Safety(MPS), and Intergraph Law Enforcement Agencies Data and Records Management System Corpus Christi Page 3 Printed on 112312014 City Council Meeting Minutes January 21, 2014 (I/LEADS-RMS) software Motion authorizing the City Manager, or designee, to approve the purchase of Intergraph ComputerAided Dispatch, Mobile to Mobile Public Safety and Intergraph Law Enforcement Agencies Data and Records Management System software upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama for an estimated expenditure of$439,135.00 including first year maintenance. Maintenance will automatically renew upon payment of annual fee. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-005 9. Purchase of server licenses necessary for Intergraph upgrade Motion authorizing the City Manager, or designee, to approve the purchase of Microsoft SQL Server 2012 Enterprise Core Edition licenses, for the Intergraph upgrade, from SHI Government Solutions for$142,441.60. SHI Government Solutions is a State of Texas authorized Department of Information Resources certified vendor, contract DIR-SDD-2503. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-006 10. Purchase of twelve months of monthly access fees for current SunGard applications Motion authorizing the City Manager or designee to purchase from SunGard Public Sector, Inc. of Lake Mary, Florida, twelve months of Monthly Access Fees, providing continued hosting services for all current SunGard applications, in the amount of$345,258.12 over the twelve month period. Following the initial term, Services will be provided on a year-to-year basis provided the City exercises the option and pays the then current Monthly Access Fee. This Motion was passed on the Consent Agenda. Enactment No: M2014-007 11. Contracts for storage area networks and information techonology backup system replacement with disaster recovery solution Motion authorizing the City Manager, or designee, to execute contracts with three companies: Freeit Data Solutions of Austin, Texas (DIR-SDD-2035) for$1,428,006.34; Sigma Solutions of San Antonio, Corpus Christi Page 4 Printed on 112312014 City Council Meeting Minutes January 21, 2014 Texas (DI R-SDD-1 385) for$297,997.82; and Computer Solutions of San Antonio, Texas (DIR-SDD-1382) for$150,610.11. The purchase will be financed over a five year period with Key Government Finance, Inc. with monthly payments of$32,587.62 ($1,955,257.20 total). This Motion was passed on the Consent Agenda. Enactment No: M2014-008 12. Second Reading Ordinance -Appropriating competition proceeds from American Society for the Prevention of Cruelty to Animals (ASPCA) Rachel Ray Challenge (1st Reading 1114114) Ordinance appropriating $30,000 from ASPCA Rachel Ray Challenge in the No. 1020 General Fund to support the trap-neuter-return of feral cats in the community, targeted spay and neuter, and humane housing of animals at the animal care facility; and amending Ordinance No. 029915, which adopted the FY 2013-2014 Budget, by increasing revenue and expenditures in the General Fund No. 1020 by $30,000 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030054 13. Second Reading Ordinance -Accepting and appropriating a State grant for prevention of internet crimes against children (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$4,084 to purchase equipment for the ICAC program within the Police Department; and appropriating the $4,084 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030055 14. Second Reading Ordinance -Appropriating utility bill donations for the Arts & Cultural Commission (ACC) (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute all documents necessary to appropriate $11,480.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030056 Corpus Christi Page 5 Printed on 112312014 City Council Meeting Minutes January 21, 2014 15. Second Reading Ordinance -Accepting and appropriating State grant amendment for Americans with Disabilities Act(ADA)water access improvements and promenade expansion at North Beach (1st Reading 1114114) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate an amended grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $35,724.22 from the Texas General Land Office-Coastal Management Program (CM P) for the construction of ADA water access improvements and promenade expansion. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030057 16. Second Reading Ordinance -Accepting and appropriating State grant for the after school snack program and entering into an Interlocal Agreement with Corpus Christi Independent School District (CCISD)to provide snacks (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$203,608 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide snacks services for the after school snack program for five years. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030058 17. Second Reading Ordinance -Amending the Code of Ordinances regarding membership of the Tree Advisory Committee (1st Reading 1114114) Ordinance amending the City Code of Ordinances regarding membership of the Tree Advisory Committee of Corpus Christi, Texas. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030059 18. Second Reading Ordinance - Lease agreement with kickball league for Bill Witt Park (1st Reading 1114114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with C.C. United Kickball League for 6869 Yorktown, Bill Witt Park, in the City, Lessee agrees to operate and Corpus Christi Page 6 Printed on 112312014 City Council Meeting Minutes January 21, 2014 maintain the premises according to City standards. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030060 19. Second Reading Ordinance - Lease agreement with baseball league for Price Park (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute a 60 month lease agreement with Southside Pony Baseball League for Price Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030061 20. Second Reading Ordinance - Lease agreement with soccer league for Labonte Park (1st Reading 1114114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Great Western Soccer League for Labonte Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030062 21. Second Reading Ordinance - Lease agreement with soccer league for North and South Pope Park (1st Reading 1114114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Santa Fe Soccer League for North and South Pope Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030063 22. Second Reading Ordinance -Appropriating funds for safety vestibule at detention center(1st Reading 1114114) Ordinance appropriating $50,000 from the Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 7 Printed on 112312014 City Council Meeting Minutes January 21, 2014 Enactment No: 030064 23. Second Reading Ordinance -Approving Seawall Maintenance Capital Improvement Program (1st Reading 1114114) Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. This Ordinance was withdrawn 24. Second Reading Ordinance - Reimbursement to General Fund for funds borrowed and expended for the Aquarius Street Project (Bond 2008) (1st Reading 1114114) Ordinance approving the transfer of funds in the amount of$950,000 from the Street CIP Fund 3530 for the budgeted expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the No. 1020 General Fund; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 022915 by increasing revenue by $950,000 in the No. 1020 General Fund; and changing the FY2013-2014 Capital Budget adopted by Ordinance No. 022916 by increasing appropriations by $950,000. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030065 25. Second Reading Ordinance -Changing the fiscal year(1st Reading 1114114) Ordinance changing the City of Corpus Christi's fiscal year from August 1st through July 31st to October 1st through September 30th. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030066 26. Second Reading Ordinance -Amending City code relating to administration of liens (1st Reading 1114114) Ordinance amending the Code of Ordinances by revising Section 17, Finance and Taxation; revising Section 17-4, Release of Liens-Execution; and revising Section 17-5, Same-Certificates; Corpus Christi Page 8 Printed on 112312014 City Council Meeting Minutes January 21, 2014 providing for effective date and providing for severance. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030067 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEM 27) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff did not have a planned presentation. (Note: Council Members Magill and Scott abstained from the discussion on this item.) 27. Resolution supporting exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's federal permit applications for the Corpus Christi LNG Liquefaction Plant Resolution supporting the exportation of liquefied natural gas from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission and the Department of Energy for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. This Resolution was recommended to consent agenda F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and called for comments from the audience.Abel Alonzo spoke against comments made by President Barack Obama regarding the use of artificial marijuana and thanked Police Chief Floyd Simpson for recognizing the dangerous affects of synthetic drugs.Johnny French recommended longer agendas in the future and requested the following topics be included on a future agenda:addressing the changes to the opossum (small animal trap) policy;an action item related to the Shoreline Realignment to allow for public comment;the funding for the parks from Bond 2008, Proposition 7; and requesting that the City approach the Corps of Engineers to assist in the cost sharing of the recreation amenities at Packery Channel. Carolyn Moon spoke regarding bond work on Staples Street. Mary Lou Huffman spoke against the City using the word "enforcement"in department titles. Foster Edwards, President/CEO of the Corpus Christi Chamber of Commerce thanked the City for including funding in the budget for Corpus Christi Page 9 Printed on 112312014 City Council Meeting Minutes January 21, 2014 the South Texas Military Task Force and informed the Council of the following Chamber events:the Mayor's State of the City on Thursday, February 6th; "Tips from the Tank"with guest speaker Barbara Corcoran on March 6th;and "2014 CB to DC"legislative trip to Washington, D.C.scheduled on March 23rd. Colin Sykes, Emily Olivares, Sylvia Campos,Sonia McLaughlin,and Judy Landress spoke regarding the Supreme Court's Citizens United decision and requested support of a resolution to amend the constitution. Carlos Gonzales, General Manager of Joe's Crab Shack requested signage redirecting traffic through construction from the Shoreline Realignment Project. Gretchen Arnold, Chairperson of the Bicycle Advisory Committee,thanked City staff and leadership for revisiting the Shoreline Realignment Project and spoke in support of the revisions to the design for safer pedestrian and bicycle activity. H. EXECUTIVE SESSION: (ITEM 1) Mayor Martinez deviated from the agenda and referred to the day's executive session.The Council went into executive session. 1. Executive Session pursuant to Texas Government Code Section 551.076, Deliberations regarding Security Devices or Security Audits, with possible discussion and action in open session. This E-Session Item was discussed in executive session Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 28 -31) 28. Utilities Strategic Plan Mayor Martinez referred to Item 28.Assistant Director of Treatment for Utilities Brian Butscher stated that the purpose of this item is to develop a strategic vision for the utilities operations. Mr. Butscher provided information on the major questions asked to identify the direction of the plan;the five(5) key elements of focus which include 1)to recruit, retain and develop an adequate workforce 2)expand and modernize infrastructure 3)optimize operations 4) ensure water supply far exceeds demand and 5)funding utility operations and maintenance and modernization;and the schedule of phases moving forward. Council members asked questions regarding the representation of the color coding and reference codes; staffing requirements;whether staff has developed a fair assessment of where the City is currently;timeframe; expected costs for achieving goals including sustainability;anticipated changes to the current rate structure; including the condition of utilities into the street bond replacement program; and the cost of the utility system to operate. 31. Shoreline Realignment Mayor Martinez referred to Item 31.Acting Director of Capital Programs Natasha Fudge stated that the purpose of this item is to provide an update on the Shoreline Realignment Project and discuss options for consideration on the park and improvements to pedestrian and bicycles routes. Ms. Fudge presented the following options: Option 1: Median shift to center and removal Corpus Christi Page 10 Printed on 112312014 City Council Meeting Minutes January 21, 2014 of back in parking and Option 2: Median shift to center and keep both back in parking aisles. Ms. Fudge reported that staff is recommending Option 1 to provide more flexibility and improve pedestrian safety. Mayor Martinez announced that she would prefer to postpone a discussion on the parks improvements and focus on a solution to address the maintenance and reconstruction of residential streets. Council members discussed the following topics: support for the pedestrian and bicycle safety improvements;waiting to evaluate the parking;expansion of the median in the area of Park and Kinney Street;waiting to address the park improvements until after the Council focuses on the residential streets; consideration to eliminate the existing north bound lanes;traffic concerns with the new Harbor Bridge project; a future option for the median to have the flexibility of converting to a third lane moving south; improving the wayfinding to minimize the impact to business;the additional timeframe for the project completion; removal of the parking; public communication;and including Water Street on the Bond 2014 proposition. There was a general consenus of the Council to support Option 1, delay the discussion on park improvements until after the Council addresses the solution for residential streets,and request that staff come back with alternative to address the removal of the existing north bound lanes. 29. Water Supply and Wastewater Treatment Plant(WWTP) Consolidation Mayor Pro Tern Magill referred to Item 29. Interim Assistant City Manager for Public Works and Utilities stated that the purpose of this item is to update the Council on the Water Supply and Wastewater Treatment Plant Consolidation. Mr.Van Vleck presented a chart of the regional water supply and demand from the years 2000 through 2060. The chart focuses on additional criteria for future supplies including that supplies should provide at least 20,000 acre feet; supplies are drought proof or can be made drought proof;and that the solution is expandable. Mr.Van Vleck stated that the water supply includes large water supplies;consideration of effluent;desalination;conservation;and reuse. Council members asked questions regarding the the following topics: an explanation of contracted but unused demands; population growth projections;the additional criteria added to the matrix; permitting issues associated with reuse;desalination projects;communication with industry partners;conservation and how it fits in the supply and demand model; development of policies or incentives for developers regarding conservation efforts; landscaping options;the estimated water losses from the meter to treatment plant; and the future water releases from Lake Corpus Christi. Assistant Director of Treatment for Utilities Brian Butscher presented a map of the six wastewater treatment plants,the proposed locations for consideration of a regional wastewater treatment plant,and a project schedule. Mr. Butscher reported that research has determined that the Greenwood Wastewater Treatment Plant would be the most cost effective location. Mr. Butscher said that the consultant was informed that the regional plant should be modular; expandable; built to the year 2040 flows standards; and would need to treat to Type 1 effluent. Mr. Butscher stated the staff would come back with a recommendation within 60 to 90 days on project costs and return on investment. Council members asked questions regarding the following topics: whether other communities have done a conversion of this scale and reuse; Environmental Protection Agency(EPA) permits and discharge standards; funding to improve the condition of the existing plants;state funding for Type Corpus Christi Page 11 Printed on 112312014 City Council Meeting Minutes January 21, 2014 1 standards;and projected schedule for plant transfers. 30. Enterprise Resource Planning (ERP) Project Status Mayor Pro Tern Magill referred to Item 30. Director of Municipal Information Services Michael Armstrong stated that the purpose of this item is to provide an update on the status of the Enterprise Resource Planning (ERP) Project. Mr. Armstrong provided information on the ERP replacement;the different modules;the overall progress;cost;and the implementation timeline. R. ADJOURNMENT The meeting was adjourned at 4:10 p.m. Corpus Christi Page 12 Printed on 112312014 cv f� AGENDA MEMORANDUM OR ARSE Future Item for the City Council Meeting of January 21, 2014 Action Item for the City Council Meeting of January 28, 2014 DATE: December 26, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution supporting exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's federal permit applications for the Corpus Christi LNG Liquefaction Plant. CAPTION: Supporting the exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission (FERC)and the Department of Energy (DOE) for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. PURPOSE: The City of Corpus Christi City Council is being asked to express its support for expanding the exportation of LNG. In addition, the City through the resolution is expressing its support for the FERC and DOE permits currently under review by the respective agencies. BACKGROUND AND FINDINGS: Other local governments in the Coastal Bend that have approved resolutions of support, include Ingleside, Gregory, and Port Aransas. Only the Cities of Portland, which is expected to consider a resolution on January 21, 2014, and Corpus Christi have not adopted resolutions of support. Cheniere Energy, Inc. is a Houston-based energy company primarily engaged in LNG- related businesses. Cheniere initiated a project to develop an LNG terminal near Corpus Christi, Texas. The Corpus Christi LNG terminal is being designed and permitted for up to three modular LNG trains, with aggregate peak capacity of up to 15 million tonnes per annum (mtpa) and which would include three 160,000 m3 full containment storage tanks and two LNG carrier docks. Commencement of construction Page 1 of 4 for the Corpus Christi LNG terminal is subject, but not limited to, obtaining regulatory approvals, entering into long-term customer contracts sufficient to underpin financing of the project, entering into an engineering, procurement and construction contract, and Cheniere making a final investment decision. The approximately 1,000-acre site is located on the La Quinta Channel on the northeast side of Corpus Christi Bay in San Patricio County within the City of Corpus Christi's extra territorial jurisdiction. The Corpus Christi Liquefaction Project is expected to be constructed in phases, with each LNG train commencing operations approximately six to nine months after the previous train. Corpus Christi Liquefaction has initiated the Federal Energy Regulatory Commission's (FERC) review for the proposed natural gas liquefaction terminal including National Environmental Policy Act (NEPA) analysis. The FERC has the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal per the Natural Gas Act. The FERC is the lead federal agency that will determine whether Corpus Christi Liquefaction will be issued an Order Granting Authority under Section 3 of the Natural Gas Act for the construction and operation of the Corpus Christi Liquefaction Project. The FERC will also monitor all construction and restoration activities to ensure that Corpus Christi Liquefaction complies with all federal, state, and local permits, plans, and regulations. Any issues that are identified during the public comment period are expected to be addressed prior to final environmental documents and approvals being issued. Upon FERC approval of the project, Corpus Christi Liquefaction will receive: 1. A Commission Order stating its decision on whether to approve construction and operation of the LNG terminal; and 2. Conditions that must be met prior to construction. Corpus Christi Liquefaction has also applied for the following environmental permits and clearances: 1. Section 401 water quality certificate from the Texas Commission on Environmental Quality; 2. Section 404 permit from the US Army Corps of Engineers for work in wetlands; 3. Coastal Zone Management consistency determination from the Texas Coastal Coordination Council; 4. Federal Endangered Species consultation with the US Fish and Wildlife Service; 5. State Endangered Species consultation with the Texas Parks and Wildlife Department; 6. Air Emissions Permit (Title V & PSD) from the Texas Commission on Environmental Quality; NOTE. Draft Air Permit already received by Cheniere. 7. Section 106 National Historic Preservation Act Clearance from the Texas Historical Commission; 8. Authorization to export from the Department of Energy. Some of the above permits or consultations have been received. Page 2 of 4 After Corpus Christi Liquefaction receives FERC approval for the Corpus Christi Liquefaction Project and has met all pre-construction conditions required by the FERC Order, FERC will authorize the commencement of construction. On December 4, 2013, Cheniere announced that it has entered into a liquefied natural gas sale and purchase agreement with PT Pertamina to purchase approximately 0.8 mtpa of LNG upon the commencement of operations from the LNG export facility. The agreement has a term of 20 years and an extension option of up to 20 years. Deliveries are expected to occur as early as 2018. Cheniere continues to pursue other sales and purchase agreements with additional potential customers. According to Source Watch, by 2012, 13 companies in the U.S. had filed applications with the Energy Department to export more than 17 billion cubic feet of natural gas per day, a number that increased to 15 in 2013. There is significant demand both in Asia and Europe and most LNG is traded using long-term contracts. A draft Environmental Impact Statement is anticipated to be issued early in 2014 with the potential for a public meeting after it is issued. The final permit could be issued by the summer and go before the FERC Commissioners for final approval by the fall 2014. The final investment decision to build the Corpus Christi Liquefaction facility is contingent on the completion of long-term contracts for the expected production volumes, the successful financing of the project and the completion of the permits listed above. This is expected by the end of 2014. ALTERNATIVES: The Council's options are: (1) adopt the resolution, (2) adopt the resolution with changes, (3) reject the resolution, or (4) take no action. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Corpus Christi Regional Economic Development Council, Environmental Services, City Attorney, and Assistant City Manager for Business Support Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 14 TOTALS Line Item Budget Encumbered / Page 3 of 4 Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends Council adopt the resolution. LIST OF SUPPORTING DOCUMENTS: 1. Resolution 2. Map of proposed-potential LNG facilities Page 4 of 4 RESOLUTION Supporting the exportation of liquefied natural gas from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission and the Department of Energy for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. Whereas, plentiful natural gas supplies and unprecedented advances in technology provide a historic opportunity for the United States to achieve energy self-sufficiency while creating jobs and wealth for our economy; and Whereas, oil and gas exploration and production in the Coastal Bend in 2012 created $61 billion in economic impacts, supported 116,000 jobs, and generated more than $1 billion in local government revenue for the 20-county region of South Texas, according to the University of Texas—San Antonio's Institute for Economic Development; and Whereas, oil and gas development in the Coastal Bend is projected to generate $89 billion in economic activity and support 127,000 jobs for the 20-county region by 2022, according to the University of Texas-San Antonio's Institute for Economic Development; and Whereas, expanding exports of liquefied natural gas (LNG) is a key component to helping the United States realize its potential as a global energy leader while creating hundreds of thousands of jobs and strengthening the U.S. economy; and Whereas, Corpus Christi Liquefaction, LLC, a subsidiary of Cheniere Energy, is developing a liquefied natural gas (LNG) export terminal on the northeast side of Corpus Christi Bay on the LaQuinta Ship Channel in San Patricio County within the City of Corpus Christi's extraterritorial jurisdiction at one of Cheniere's existing sites that was previously permitted for a regasification terminal; and Whereas, Cheniere Energy plans to invest approximately $11 billion to construct a 2.1 billion cubic feet per day LNG liquefaction facility and is estimated to employ 3,000 workers on the site for five years during construction; and Whereas, the Corpus Christi Liquefaction facility will permanently employ over 200 people in the Coastal Bend, and operations over the long-term are projected by the Perryman Group to support approximately 2,100 local jobs and contribute $240 million in economic activity to the region each year; and Whereas, steady demand created by LNG exports from Corpus Christi Liquefaction would, according to the Perryman Group, support stable long-term investment, employment and royalty collection by the Texas oil and gas industry for over 25 years, creating $4 billion per year in economic activity, supporting over 45,000 jobs in the Texas oil and gas sector, and generating over $5 billion in cumulative tax benefits to the State of Texas; and Whereas, expanding markets for U.S. natural gas is consistent with U.S. trade and national security interests; and Page 1 of 3 Whereas, Cheniere signed a 20-year LNG sale and purchase agreement with Pertamina for 0.8 mtpa (90 mmcfd); and Whereas, Cheniere Energy designed the LNG terminal and pipeline to meet or exceed U.S. federal codes and standards; and Whereas, Cheniere was named by the Coastal Bend Bays Foundation as the Corporation of the Year in 2013 for making efforts to restore the Coastal Bend's marsh environment and coastline by working closely with the State of Texas and the U.S. Army Corps of Engineers to utilize dredging materials to restore Causeway Island and rock abatements to protect Shamrock Island, both essential rookeries. THEREFORE, BE IT RESOLVED THAT the City of Corpus Christi hereby expresses its support for exports of liquefied natural gas due to the positive economic impact those exports will have on the Coastal Bend area; and BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Federal Energy Regulatory Commission and the Department of Energy to encourage those agencies to streamline and expedite permit approval of the Corpus Christi LNG Liquefaction facility so that the economic benefits of LNG exports can be realized throughout the region and the country. PASSED AND ADOPTED this day of , 2014. APPROVED this day of , 2014. This resolution takes effect upon City Council approval on this the day of January, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Page 2 of 3 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 3 of 3 North American LNG Import/Export Terminals Pr p sed to ti I Import Terminal PROPOSED TO FERC 1. Robbinston, ME: 0.5 Bcfd (Kestrel Energy - Downeast LNG) 2. Astoria, OR: 0.5 Bcfd (Oregon LNG) 3. Corpus Christi, TX: 0.4 Bcfd (Cheniere - Corpus Christi LNG) POTENTIAL U.S. SITES IDENTIFIED BY PROJECT SPONSORS 4. Offshore New York: 0.4 Bcfd (Liberty Natural - Port Ambrose) Export Terminal PROPOSED TO FERC 5. Freeport, TX: 1.8 Bcfd (Freeport LNG Dev/Freeport LNG Expansion/FLNG Liquefaction)* 6. Corpus Christi, TX: 2.1 Bcfd (Cheniere - Corpus Christi LNG)* 7. Coos Bay, OR: 0.9 Bcfd (Jordan Cove Energy Project)* 8. Lake Charles, LA: 2.4 Bcfd (Southern Union - Trunkline LNG) 9. Hackberry, LA: 1.7 Bcfd (Sempra - Cameron LNG)* 10. Cove Point, MD: 0.82 Bcfd (Dominion - Cove Point LNG)* 11. Astoria, OR: 1.25 Bcfd (Oregon LNG)* 12. Lavaca Bay, TX: 1.38 Bcfd (Excelerate Liquefaction) 13. Elba Island, GA: 0.35 Bcfd (Southern LNG Company) 14. Sabine Pass; LA: 1.3 Bcfd (Sabine Pass Liquefaction) 15. Lake Charles, LA: 1.07 Bcfd (Magnolia LNG) 16. Plaquemines Parish, LA: 1.07 Bcfd (CE FLNG) 17. Sabine Pass, TX: 2.1 Bcfd (ExxonMobil - Golden Pass) PROPOSED CANADIAN SITES IDENTIFIED BY PROJECT SPONSORS 18. IGtimat, BC: 0.7 Bcfd (Apache Canada Ltd.) 19. Douglas Island, BC: 0.25 Bcfd (BC LNG Export Cooperative) 20. IGtimat, BC: 3.23 Bcfd (LNG Canada) POTENTIAL U.S. SITES IDENTIFIED BY PROJECT SPONSORS 21. Brownsville, TX: 2.8 Bcfd (Gulf Coast LNG Export) 22. Pascagoula, MS: 1.5 Bcfd (Gulf LNG Liquefaction) 23. Cameron Parish, LA: 0.16 Bcfd (Waller LNG Services) 24. Ingleside, TX: 1.09 Bcfd (Pangea LNG (North America)) 25. Cameron Parish, LA: 0.20 Bcfd (Gasfin Development) 26. Cameron Parish, LA: 0.67 Bcfd (Venture Global) 27. Brownsville, TX: 3.2 Bcfd (Eos LNG & Barca LNG) 28. Gulf of Mexico: 3.22 Bcfd (Main Pass - Freeport-McMoRan) POTENTIAL CANADIAN SITES IDENTIFIED BY PROJECT SPONSORS 29. Goldboro, NS: 0.67 Bcfd (Pieridae Energy Canada) 30. Prince Rupert Island, BC: 4.2 Bcfd (BG Group) 31. Melford, NS: 1.8 Bcfd (H -Energy) 32. Prince Rupert Island, BC: 2.5 Bcfd (Pacific Northwest LNG) 33. Prince Rupert Island, BC: 3.8 Bcfd (ExxonMobil - Imperial) 34. Squamish, BC: 0.27 Bcfd (Woodfibre LNG Export) US Jurisdiction As of September 12, 2013 FERC rMARAD/USCG * Filed Certificate Application Office of Energy Projects AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of January 28, 2014 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: December 5, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Farm Rural to Low Density Residential by MPM Development, LP Property Address: 8410 South Staples Street (FM 2444) CAPTION: Case No. 1213-02: MPM Development, LP: A change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. The property is described as being a 23.206-acre tract of land out of a portion of the south half of Section 31, Laureles Farm Tracts, located on the south side of South Staples Street (FM 2444), approximately 360 feet east of King Trail. PURPOSE: The purpose of this item is to rezone the property to allow a single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (December 4, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District to allow the construction of a single-family subdivision. The proposed rezoning would not negatively impact the surrounding properties and although inconsistent with the Future Land Use Plan, which calls for one-acre single- family lots, a low density residential use is appropriate for this location. The "RS-22" District requires minimum lot sizes of 22,000 square feet, which is significantly larger than an average single-family lot and maintains the large lot sizes south of the Oso Creek. The proposed rezoning and development would expand the existing low density residential neighborhood to the south and the property to be rezoned is suitable for uses permitted by the "RS-22" Single-Family 22 District. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plans despite being inconsistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Report with Attachments Ordinance with Exhibits _ _ erv9c PLANNING COMMISSION FINAL REPORT Case No.: 1213-02 HTE No. 13-10000041 Planning Commission Hearing Date: December 4, 2013 a Applicant/Owner: MPM Development, LP c — .o Legal Description/Location: Being a 23.206-acre tract of land out of 6 a portion of the south half of Section 31, Laureles Farm Tracts, located EL� 6 on the south side of South Staples Street (FM 2444), approximately Q°a 0 360 feet east of King Trail. }, From: "FR" Farm Rural District To "RS-22" Single-Family 22 District .E Cr Area: 23.206 acres N° Purpose of Request: To develop a single-family subdivision. Existing Zoning Existing Land Use Future Land Use District 'a Site "FR" Farm Rural Vacant & Park Estate Residential & c Park "FR" Farm Rural & Low Density Public Semi-Public North "CN-1" Neighborhood Residential & Public o Commercial & Vacant Semi-Public N th Farm Rural Low Density J Sou with a Special Permit Residential Estate Residential w East "FR" Farm Rural Park Park West "RE" Residential Estate Estate Residential Estate Residential Area Development Plan: The subject property is located within the aboundaries of the London Area Development Plan (ADP) and is planned for c� C estate residential and park uses. The proposed change of zoning to the "RS-22" Single-Family 22 District is not consistent with the adopted Future a o Land Use Plan. Q Map No.: 046030 Zoning Violations: None c Transportation and Circulation: The subject property has approximately CL.0 880 feet of frontage along South Staples Street (FM 2444), which is designated as a proposed "A3" Primary Arterial Divided street, and is approximately 360 feet east of King Trail, which is a local residential street. Report Case# 1213-02 MPM Development, LP Page 2 Urban Traffic Proposed Existing Street Transportation Section Section Volume O Plan Type (2010) S. Staples "A3" Primary 130' ROW 120' ROW St. Arterial Divided 79' paved 40' paved 7 651 ADT L in S. Oso "P1" Parkway 80' ROW 80' ROW N/A Pkwy. Collector 40' paved 40' paved Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District to allow construction of a single- family subdivision with minimum 22,000 square-foot and 100-foot wide lots. Development Plan: A total of 37 lots are planned with lot sizes of approximately one-half acre. Half-acre lots are required south of the Oso Creek because wastewater lines are not available; therefore, septic systems are necessary. The minimum lot size for a single-family house to have a septic system is one-half acre. The future extension of South Oso Parkway, which will be constructed prior to the development of the neighborhood, is located within the subject property. Per the Oso Parkway Plan, driveways located along the Oso Parkway shall maintain a spacing of 150 feet. Existing Land Uses & Zoning: North of the subject property is the South Texas Botanical Gardens and Nature Center zoned "FR" Farm Rural District and vacant land zoned "CN-1" Neighborhood Commercial District. East of the subject property is park land zoned "FR" Farm Rural District. South and west of the subject property are single- family subdivisions zoned "FR/SP" Farm Rural District with a Special Permit for one-half acre lots and "RE" Residential Estate District respectively. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the London Area Development Plan. The proposed change of zoning to the "RS-22" Single-Family 22 District is not consistent with the adopted Future Land Use Plan, which slates the property for an estate residential use. Plat Status: The subject property is not platted. A plat has been submitted for review. Department Comments: • The properties located south and west of the subject property are developed with single-family uses. The proposed rezoning is consistent with the land use and zoning patterns of adjacent properties. Report Case# 1213-02 MPM Development, LP Page 3 • The "RS-22" Single-Family 22 District was recently created for subdivisions located south of the Oso Creek. The "RS-22" District requires a minimum lot area that accommodates the use of septic systems. If wastewater becomes available south of the Oso Creek, the "RS-22" District would require lots to remain at half-acre lot sizes and larger setbacks. • The proposed rezoning would not negatively impact the surrounding properties. Although inconsistent with the Future Land Use Plan's designation of the property as an "estate residential" use, half-acre lots are consistent with the subdivision south of the subject property and appropriate for this location. • The property to be rezoned is suitable for uses permitted by the "RS-22" Single- Family 22 District. Planning Commission and Staff Recommendation (December 4, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. Number of Notices Mailed — 28 within 200' notification area; 1 outside notification area 0 As of December 5, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 1.09% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Subdivision Layout K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\1213-02 MPM Development,LP\Council Docs\1213-02 Report for CC,MPM Development,LP.docx r N RE M CN- O2A - 21 211$ SUBJECT s®STAPLES®Sr 0 25 PROPERTY FR J Z Y 7 e M — M 3 23 h � h 12 E q 24 15 13 10 27 9 M 6 0 22 N 5 0 3 20 1g 28-1,7 14 <A�'0 ro a 0 40R N 0 M FR KIIVG Ace ESpR__ SP/04- 10 a Date reated:11,;7/2013 0 4 800 Prepared EREMYM Feet Department of'Development-Services CASE: 1213-02 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial Q4 RM-2 Multifamily 2 IH Heavy Industrial OgP RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUB:IECT ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 PROPERTY CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family FM-8444 CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home _____ CR-3 Resort Commercial -- -- --— \ FR Farm Rural H Historic Overlay BP Business Park E �wwi ® Subject Property Owners City of with 200'buffer O in favor S Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table x in opposition N 20' X 20' UE 10'1 PORT IDN SECT. 31, LAURELES FARM TRACTS, V. 3, P. 15, M ., CITY OF CORPUS CHRIST] S89° 58' 05" E NOTES CL SOHTH STAPLES STREET CFM 2444)�__ X125,02' S89°58'05"E 596,20' 0 128.72' 95 UE 5 22018 SF 5,1 N89°58' OP 495.89 20' STREET DE➢I CAT IDN 5,U 231.52' 22041 SF 135.64' 6622_ 414 (",,-1- 15' LIE m we 1 511 I IS 'O 14 O N22003 SF 25458 SF 6' 2 5' UEL IP, 5 U O 5 425229 SF 0 5'5, K„av 23 CD) </_- S- °\OJ 22027 SF q / 25754 SF P Tp �0, / A- P. X589°58'06 E\ \t" 2/43„ 171. 06' \\ X2228]2 SF 1 26 209. 90' 3 22110 SF 227 9]' z7 22195 SF 1U'UL 83°06'19"E 8. 912 2562 SF 89°sq) 05"E 244 \79' 11 \\\ 22050 SB -24'4°3 484 \3 10' DE 25' 1 r 1 17 22415 SF 89° 58' 05" E 10 22050 245. 25' 18 22050 SF S89°58'05"E 245. 20' 19 22050 SF _1 245 15' DL , 24 \I IN 24061 SF -Iw 244.94' W dM 8 I 22030 SF Iw 0 g6' ]D'UE J 0' UE 88.84' 229.99' © © S90°00' 00"W 318.83' PRINCE WILLIAM DR VE N 9°5. 35C D ti N90°00'00'E 356.62' 0� O -5-5-f 666 �O 9 0 9 22050 SF \1P 89°58'05"E 244. 89' 22212 SF S89°58'05"E 244.67' 22666 SF 256 63' N90°00' 0'E 294 20 90-60' 96-60' 25' YR 8 17 SF 257. 37' 22003 SF 27 ° 22053 SF S89°52'0 256 27 15' LIE 653 THE CD VES A7B14-243 VISTA UNIT ], BLOCK , V. 65, P. 98 - 101. M. R. STATE OF TEXAS COUNTY OF NUECES D N89°5& \ 0 50' 100' 25'125' 20 22050 SF 245 10' 21 22050 SF 58' 05" E 0'24-5 05' m\CS 22 636835 SF Shp \ W 3\4, 26 22053 SFo TIN 22003 SFo 10' UP L 5" W 100000 2 � 1. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE (UDC) AND 15 SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 2. THE RECEIVING WATER FOR STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. THE TCEQ HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK, BUT IT IS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA. THE OSO CREEK FLOWS DIRECTLY INTO THE Oso RAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO RAY AS "EXCEPTIONAL' AND "OYSTER WATERS" AND CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. STA E OF TEXAS COUNTY OF NUECES WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERAIONS THEREIN EXPRESSED. 3. SET 5/8" JR.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. STATE OF TEXAS BY'. TDLE: 4. THE BASIS OF BEARINGS IS THE COMMON EAST BOUNDARY LINE OF KING COUNP OF NUECES ESTATES UNIT I, AND WEST BOUNDARY LINE OF THE SUBJECT SITE, NORTH, AS SHOWN. THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY 5. THE SITE 15 IN FEMA ZONE A11 (EL VARIES 14.4 TO 14.9), ZONE B. AND ZONE C. (NAME). (TITLE) OF FEMA ZONES ARE FROM FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 485494 THIS THE DAY OF 20 0520 D, REVISED JUNE 4, 1987, FOR NUECES COUNTY, TX, UN1NCORPORA ED AREAS. S. NO DRIVEWAY ACCESS TO SOUTH STAPLES STREET. P. THE TOTAL AREA OF THIS PLAT IS 23.206 ACRES INCLUDING STREET DEDICATIONS. a j OA NRV ➢=90"58'20' 0 D=92°16'22" ©.26°06 06" OD=34°2612' R-5. 00' R-15. 00' R=400. 00' R=480. 00' 01 PE T-5. 09' 15.61' 7=92 .90' T-148.29' GB,S44'49'12"E CB�N43°653'44"E CB'N15519'00'W CB�S17 °646'19"E CH=7.13' 4 1 CH -21.63' CN=180.99' CH=283.37' FOE D=96°32'52" 0 D=48°45'01' OG 0=237°30'03" 8 ➢=48°45'01" R=15.00' R=35.00' RS 6. 00' R=35.00' T=16.82' T=]5.86' T=49.]1' .15.86' L=25.28' L=29.78' 0271.22' L=29.78' �P a C6=476°39'59"W CBS30°41'05"W CB=N34°56'25"2 CB=N79°26'06"E CH=22.39' CH=28.89' CH -33. 85' CH=28.89' ? 3 44791 SF\ 3 200' SCALE, 1'= 100' WE, 1414 DEVELOPMENT. LP. HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT. SUBJECT TO A LIEN IN FAVOR OF THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICA 104. THIS THE DAY OF 20 . STATE OF TEXAS COUNTY OF NUECES ¢ VAHID MOSTAGHAS1, GENERAL PARTNER THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY VAHID MOSTAGHASI. THIS THE DAY OF 20 NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS THE COVES AT LAGS VISTA UNIT 1, BLOCK 1, V. 65, P. 98 - 101, M. R. CO O CH -20. 76' 0.1.06' 34" R=400 00' =35 38' L=70. 58' CB-S05'CO' 1rE CH=70. 9' IOD=87'3605' 0D=24°49'51" D=24°37'13" .90°00'00" R=15.00' R=400.00' R=480.00' R=15.00' T=14.38' T=88.06' T=104.75' T=15.00' L=22.93' L=173.35' L=206.26' L=23.56' CB=N11°16'03"E CB=S22° 31' 29" E CB=N22° 25' 10" W CB=N55°06'34'W In In 0=79°53'26' 06=10°06'34" D=10°06'34" R=15.00' F675.00' R=75 00' ¢214878600' O26203'68' H14624321' L=20.92' L=13.23' L=13.23' CB=4139°56'43"E CB=N84°56' 43"E CIPS84°56443' CH=19.26' CH=13.22' CH=13.22' B=45°05'57" ® ➢=90"000" C).180°11'54' CT D=45°05'57" R=35.00' R=15.00' R=50.00' R=35.00' .14. 53' 015.00' T=28899.91' .14.53' L=27.55' L=23.56' L=157.25' L=27.55' CB=S67°27'02'E CB=S45°00'OOP CB=415°00'00'E C8=4122°32'58'W CH=26.84' CH=21.21' CH=100.00' CH=26.84' D=48°46'54" R=35. 00' 15. 87' L=29. 86 CB=N24°23' 27' E CH=28.91' OY D=16°17'54" R=1015.37' =145.40 L=288 83' CB=4181°52'58'E CH=287.86' 5•52-B81,132" . D=48'43' 09" U➢=277°30'03' U ➢=16'17'54" R=35.00' R=56.00' R=995.37' 015. 85' T=49.11' 0142.53' L=29.76' L=271.22' L=283.14' 50,24°21' 35" E 00.89°58'08"W CO=N81°52'59'E CH=28.87' CH=73.85' CH=282.19' PLAT OF KING ESTATES UNIT 4 � II 0 600' 1200' 2400' SCALE' I'= 1200' LOCATION MAP = 1200' APPROX. A 23.206 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF THE SOUTH HALF OF SECTION 31, LAURELES FARM TRACTS, A MAP OF WHICH IS RECORDED 1N VOLUME 3, PAGE 15, MAP RECORDS, NUECES CO.. TX, CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 GATE PLOTTED. 11/25/13 COMP. ND.. PLAT JOB. No. 13057 SCALE. 1' = 100' PLAT SCALE' SAME SHEET 1 OF 1 NOTARY PUBLIC, 1N AND FDR THE STATE OF TEXAS STATE OF TEXAS COUNTY OF NUECES THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS RENEE T COUTURE, P.E. DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF 20 CHAIRMAN SECRETARY PHILLIP J. RAMIREZ. AI.A., LEE➢ AP MARK E. VAN VLECK, P.E. STATE OF TEXAS COUNTY OF NUECES 1, NIKON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BAS 0" WELSH ENGINEERING. HEREBY CERTIFY THAT THE FOREGOING PLT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF 20 NIXON M. WELSH REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NUMBER 2211 STATE OF TEXAS COUNTY OF NUECES APPROVED BY THE CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT. THIS THE DAY OF 2013. ANY PRIVATE WATER SUPPLY AND/OR SEWAGE SYSTEM SHALL BE APPROVED BY THE CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT PRIOR TO INSTALLATION. PUBLIC HEALTH ENGINEER STATE OF TEXAS COUNTY OF NUECES § I, DIANA T. BARRERA, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH 175 CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK .M. AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LA57 WRITTEN. BY: DEPUTY DIANA T. BARRERA CLERK COUNTY COURT NUECES COUNTY, TEXAS Ordinance amending the Unified Development Code ("UDC"), upon application by MPM Development, LP ("Owner"), by changing the UDC Zoning Map in reference to a 23.206-acre tract of land out of a portion of the south half of Section 31, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of MPM Development, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 4, 2013, during a meeting of the Planning Commission, and on Tuesday, January 28, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by MPM Development, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 23.206-acre tract of land out of a portion of the south half of Section 31, Laureles Farm Tracts (the "Property"), located on the south side of South Staples Street (FM 2444), approximately 360 feet east of King Trail, from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District (Zoning Map No. 046030), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1213-02 Ordinance, MPM Development, LP Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr @aol.com e-mail: nixmw @aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 September 17,2013 13057-M&B.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 23.206 acre tract of land, more or less, a portion of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, and also being a portion of a 23.93 acre tract of land described by deed recorded at Volume 2012,Page 918, Deed Records, Nueces County, Texas, said 23.206 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the northwest corner of The Coves at Lago Vista Unit 1, Block 4, Lot 1, a map of which is recorded in Volume 65, Pages 98 — 101, said map records, said beginning point for the southwest corner of the tract herein described and being in the east boundary line of King Estates Unit 1, Block 4, a map of which is recorded in Volume 56,Pages 199—201, said map records; THENCE along the east boundary line of said King Estates Unit 1, Block 4, NORTH at 981.88' pass the northeast corner of said King Estates Unit 1, Block 4, Lot 1,in all a distance of 1001.88' to a 5/8"iron rod set for the northwest corner of the tract herein described and southerly right-of-way corner of South Staples Street(FM 2444); THENCE S89 058'05"E 596.20' along the south right-of-way line of said South Staples Street to a 5/8"iron rod set for the point of curvature of a circular curve to the left having a central angle of 16 017'54", a radius of 995.37', and a chord bearing N81 052'58"E a distance of 282.19'; THENCE along the arc of said circular curve to the left, a distance of 283.14' to a 5/8" iron rod set for northeasterly corner of the tract herein described; THENCE S89 058'05"E 125.02'to a 1/2"iron rod found for the northeast corner of the tract herein described; THENCE S00 001'55"W 1041.88' to a 1/2" iron rod found for the southeast corner of the tract herein described and interior corner of Block 1,Lot 5, said The Coves at Lago Vista Unit 1; THENCE N89 058'05"W 1000.00' along a north boundary line of said The Coves at Lago Vista Unit 1 to the POINT OF BEGINNING. oil �f w r.rrl•'M.r• sk r ix on M.Welsh,R.P.L.S. Hr l M ELSH rr.r •rrrw •wrs • •. 2211 W. U� EXHIBIT "A" Page 1 of 1 D=16* 17'54' R=995. 37' T=142. 53' L=283, 14' CL SOUTH STAPLES CB=NBI'52' 58'E STREET ( FM 2444)- CH=282. 19' S89658105' E — — N ---5-89- 5-8' 05' E 596, 20' 125- 02' 2 k&02 CD _j D W M a U 0 fu 0 -J HYr 0- -i M u om- z 4 20 tr) Lj C3 u Ld \A t_u 0 0 5 0 t3-C oj 0 W IL 0 6 0 O � 0 O 70 Z 8 N89' tIV' 05' W 10 ol 00, 5 THE COVES AT \ 2 3 4 LAG❑ VISTA THE COVES AT LAGO VISTA UNIT 1, BLOCK UNIT 1, BLOCK 1, V. 65, 4, V. 65 p P. 98 - 101, M. R. 98 - 101, M. EXHIBIT ' B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION I'=200' BASS AND WELSH ENGINEERING CORPUS CHRIST), TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONINGI, JOB NO. 13057, SCALE. 1" = 200* PLOT SCALE. SAME. PLOT DATE: 10/16/14, SHEET 1 OF 1 se O $ AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of January 28, 2014 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: December 19, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Residential to Commercial By Spear Consolidated, Ltd. Property Address: 2502 Saratoga Boulevard (SH 357) CAPTION: Case No. 1213-03 Spear Consolidated, Ltd.: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as being a 4.07-acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, located on the north side of Saratoga Boulevard (SH 357) approximately one-half mile east of Ayers Street (SH 286 Business). PURPOSE: The purpose of this item is to rezone the property to allow construction of a retail store. RECOMMENDATION: Planning Commission and Staff Recommendation (December 4, 2013): Approval of the rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District to allow the development of a retail store. The proposed rezoning is consistent with the adopted Future Land Use Plan's designation of the property as a commercial use. General Commercial uses are appropriate where they have access to a major arterial street such as Saratoga Boulevard. The proposed rezoning is not anticipated to negatively impact the surrounding properties and the property to be rezoned is suited for the proposed commercial use. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and Future Land Use Map. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Report with Attachments Ordinance with Exhibits PLANNING COMMISSION FINAL REPORT Case No. 1213-03 HTE No. 13-10000042 Planning Commission Hearing Date: December 4, 2013 a Applicant/Owner: Spear Consolidated, Ltd. o Representative: Morgan Spear a) a Legal Description/Location: Being a 4.07-acre tract of land out of a portion a� 5 of Lot 5, Section 8, Bohemian Colony Lands, located on the north side of Q°a o Saratoga Boulevard (SH 357) approximately one-half mile east of Ayers Street SH 286 Business). �., From: "RS-6" Single-Family 6 District To: "CG-2" General Commercial District .E Cr Area 4.07 acres N° Purpose of Request: To allow construction of a retail store. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" Single-Family 6 Vacant Commercial c c� North "RS-6" Single-Family 6 Vacant Low Density •E y Residential o � Public/Semi-Public c J South "FR" Farm Rural (Navy Airfield) Public/Semi-Public w East "RS-6" Single-Family 6 (Par Public/Semi-Public hial School)(Parochial School) West "RS-6" Single-Family 6 Vacant Low Density Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a cCL c commercial use. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Plan and the a 6 Southside Area Development Plan. Q Map No.: 048036 Zoning Violations: None Final Report Case#1213-03 Spear Consolidated, Ltd. Page 2 Transportation and Circulation: The subject property has approximately 0 355 feet of street frontage along Saratoga Boulevard (SH 357), which is an A3 Primary Arterial street. With required street construction from platting requirements, the subject property will have 500 feet of street frontage along 0 CL Allencrest Drive, a proposed "Cl" Residential Collector street. A right turn lane from Allencrest Drive onto Saratoga Boulevard may be required to aid in circulation. Access onto Saratoga Boulevard must be in accordance with Texas Department of Transportation Access Management standards. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type (2011) d 130' ROW 125' ROW E 5,0 A3 0 Saratoga " " PrimaryArterial 95' paved 100' paved Q Boulevard W12,318 L w/median w/median ADT Cn Allencrest Residential 60' ROW Not N/A Drive Collector 28' paved existing Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single- Family 6 District to the "CG-2" General Commercial District to allow construction of a retail use. Development Plan: The proposed rezoning is south of the Crestmont Subdivision. The applicant is proposing to develop the property for a Tractor Supply Company, retail store, on a 4.07-acre tract of land. The proposed 19,097 square foot retail store will also have outside retail and display that is allowed in the "CG-2" General Commercial District. At a minimum, the Unified Development Code would require a 20-foot yard requirement along Saratoga Boulevard, and a buffer yard of 15 feet with 15 points would be required along the north, east, and west property lines abutting single-family zoning. The site is proposed to have access from Allencrest Drive and Saratoga Boulevard (SH 357) Existing Land Uses & Zoning: North of the subject property is vacant land zoned "RS-6" Single-Family 6 District. East of the subject property is a private school, John Paul II High School, zoned "RS-6" Single-Family 6 District. South of the subject property across Saratoga Boulevard is the Navy's Cabaniss Field zoned "FR" Farm Rural District. West of the subject property is vacant land zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Final Report Case#1213-03 Spear Consolidated, Ltd. Page 3 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is consistent with the Southside ADP and the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan that should be considered: - Preserve and protect the residential nature of future residential subdivisions adjacent of the commercial use. (Southside Area Development Plan, Policy Statement B.5). o The development will provide buffer requirements consisting of 15 feet of pervious material along with a buffer feature meeting a point system outlined in the Unified Development Code. - The minimization of curb and median cuts along arterial streets within the Plan Area is a goal of the Southside ADP and part of TxDOT's access management manual (Southside ADP, Policy Statement B.3). o Shared access drives will be required along with unobstructed vehicular access across lot lines to aid in circulation of traffic. - Expansion of commercial uses into or within residential areas maybe permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). Plat Status: In order to construct the proposed retail facility, the property will need to be platted. Department Comments: • The proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is consistent with the Future Land Use Plan's designation of the property as a commercial use. • The property is suited for the proposed uses. • The commercial use is consistent with the Comprehensive Plan. • General Commercial uses are appropriate where they have access to a major arterial street. Planning Commission and Staff Recommendation (December 4, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Final Report Case#1213-03 Spear Consolidated, Ltd. Page 4 0 Number of Notices Mailed — 3 within 200-foot notification area c>s 2 outside 200-foot notification area As of December 19, 2013: z0 In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) 3 a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\1213-03 Spear Consolidated,Ltd\Council Documents\1213-03 Zoning Report for CC,Spear Consolidated,Ltd..docx b - • Iry � N ry M M V Q w M M 7 M M 7 O` ry b 7 � N N b RS-435 ' N O VV R V ® SUB� EC�TMMM PROPERTY RS-6 2 S 0"' VO 3 0 1 4 FR S gRq�*oG q Nat• Date Created:11/1512013 0 400 800 Prepared By�EREM�VM Feet N Department of Development Services CASE: 1213-03 ZONING & NOTICE AREA �e����ooasAO�s co�`yAR RM-1 Multifamily 1 IL Light Industrial 9sB� RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay / y'o UBJECT '" ON Professional Office RS-10 Single-Family 10 `' RM-AT Multifamily AT ea PROPERTYw CN-1 Neighborhood Commercial RS-6 Single-Family 4.5 / CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial s RS-15 Single-Family 15 / CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial 'Ys SP Special Permit y CI Intensive Commercial RV Recreational Vehicle Park 3s� CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial ----- --� FR Farm Rural N, yn'I H Historic Overlay " BP Business Park ❑® Subject Property Owners 'S' '1 Clty Of with 200'buffer O in favor Corpus 4 Owners within 200'listed on X Owners LOCATION MAP Christi attached ownership table /�in opposition I 1 ifi th---____.1....Vir DETENTION H II II I II II II II II II II II =1 I €I �I IL I ml I II II .__.JI PERIL d TRAILER LI .....� EA.0D �P T RE 00 P 3 .. .. 6 J REINE,11.1,11-9KINNOADE DUFFER 5' SITE APPROX. 3.73 ACRES PARKING REQUIRED — (BUILDING AND DISPLAY AREAS/ 20.000 S.F./ 250 SPACES PER S.F. 80 SPACES + 23,085/ 500 S.F PER SPACE = 127 SPACES PARKING PROVIDED — 127 SPACES SITE PLAN OXFORD ARCHITECTURE CORPUS CHRISTI TEXAS 112 dINNdog and the NNNI N shown. ne ��nPr NI prouceion. kdraVn VnIM1oul ldG! wpngoru se Nll� olllel ad n±,, g meet will be subject la legoi act9o2 Job N n • ossa NFN 00 O4222011 Drown BN Checked Be.. Sheet Number: Ordinance amending the Unified Development Code ("UDC"), upon application by Spear Consolidated, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 4.07-acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Spear Consolidated, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 4, 2013, during a meeting of the Planning Commission, and on Tuesday, January 28, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Spear Consolidated, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning in reference to a 4.07-acre tract of land out of a portion Lot 5, Section 8, Bohemian Colony Lands (the "Property"), located on the north side of Saratoga Boulevard (SH 357) approximately one-half mile east of Ayers Street (SH 286 Business), from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District (Zoning Map No. 048036), as shown in Exhibit "A." Exhibit A, which is a metes and bounds description of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1213-02 Ordinance, Spear Consolidated, Ltd. Page 2 of 2 V 119IHXD Scale: 1" = 100' N28 °3946'E Proposed Zoning Change Residue of Spear Consolidated, Ltd. Doc. #2012022010 Part of Lot 5, Block 8 of Bohemian Colony Lands Subdivision Vol. A, Pg. 48 s S61 °5155"E355.15' 1V61°5155"W��150887'1 1\95 c2- C 4.07 Acres Part of Lot 5, Block 8 of Bohemian Colony Lands Subdivision Vol. A, Pg. 48 M.R.N. C. T. Spear Consolidated, Ltd. Doc. #2012022010 340.15' N61 °51'55"W 355.15' Zat tins State Highway 357/Saratoga Boulevard - (120' R.O.W.) Property Description 4.07 Acres Bohemian Colony Lands Subdivision E. Villareal Survey, Abstract No. 1 City of Corpus Christi, Nueces County, Texas Field notes for that certain tract situated in the State of Texas, the County of Nueces and the City of Corpus Christi, being part of the E. Villareal Survey, Abstract No. 1 and part of Lot 5, Block 8 of the Bohemian Colony Lands Subdivision, an addition to Nueces County, Texas, according to the Map thereof recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, being 4.07 acres, more or less, and being part of a tract of land conveyed in a deed recorded June 11, 2012, from Martha G. Spear, Harry Morgan 'Tim" Spear III, Lucile P. Gerbig and Mary Martha Roemer to Spear Consolidated, Ltd., and recorded in Document No. 2012022010 of the Deed Records of Nueces County, Texas, and to which reference is hereby made to for any and all purposes. Said tract described as follows, to wit: Beginning at a 1/2 inch iron rod found in the north right-of-way line of Saratoga Boulevard (State Highway 357 -120 foot wide right-of-way) and marking the southwest corner of a tract of land conveyed to the Bishop of the Diocese of Corpus Christi by deed recorded in Volume 865, Page 72 of the Deed Records of Nueces County, Texas and the southeast corner of said Spear Consolidated, Ltd. tract; Thence with said north right-of-way line and the south line of said Spear Consolidated, Ltd. tract, North 61°51'55" West, 355.15 feet to a point for corner (a 1/2" iron rod capped "Goodwin-Lasiter" bears S61°51'55"E 15.0 feet and N28°39'46"E 15.0 feet). From which the southeast corner of a called 20.598 acre tract conveyed to the City of Corpus Christi by deed recorded in Volume 2006, Page 810 of the Deed Records of Nueces County, Texas bears North 61°51'55" West, 1508.87 feet; Thence crossing said Spear Consolidated, Ltd. tract as follows: North 28°39'46" East, 500.00 feet to a capped 1/2" iron rod set for corner, and South 61°51'55" East, 355.15 feet to a capped 1/2" iron rod set for corner in the west line of said Bishop of the Diocese of Corpus Christi tract and in the east line of said Spear Consolidated, Ltd. tract. From which the southeast corner of a called 0.165 acre tract conveyed to the City of Corpus Christi by deed recorded in Volume 1208, Page 377 of the Deed Records of Nueces County, Texas and the most easterly northeast corner of said Spear Consolidated, Ltd. tract bears North 28°39'46" East, 644.14 feet; Thence with the west line of said Bishop of the Diocese of Corpus Christi tract and the east line of said Spear Consolidated, Ltd. tract, South 28°39'46" West, 500.00 feet to the Point of Beginning and containing 4.07 acres of land, more or less. Revised 12-26-13 to reflect comer monuments COO®WIN-LASITER, INC. ENGINEERS - ARCHITECTS SURVEYORS TOPE RRMP 413 THPLE FIRM# 10//0801 4077 CROSS PARK DRIVE, SUITE 100 • BRYAN, TEXAS 77802 • (979) 776-9700 1609 S. CHESTNUT ST., SUITE 202 • LUFKIN, TEXAS 75901 • (936) 637-4900 02013 ALL RIGHTS RESERVED BYGOODWIN- ASITER, INC. UNAUTHORIZED USE OR REPRODUCTION IS PROHIBITED WITHOUT WRITTEN CONSENT PROM GOODWIN-LASITER, INC. Date: Drawn By: Appv'd By: 10-21-13 DKE MC Client: Morgan Spears Exhibit Drawing of a 4.07 Acre Tract in the Bohemian Colony Lands Subdivision, in the E. Villareal Survey, Abstract No. 1, in the City of Corpus Christi, Nueces County, Texas. Job Number: 644359 Sheet No. 1 of 1 4,W nJ AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of January 28, 2014 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: December 30, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Residential to Commercial By Charles E. Butler Property Address: 7314 South Padre Island Drive (SH 358) CAPTION: Case No. 1213-06 Charles E. Butler: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential uses to commercial uses. The property to be rezoned is described as being a 2.28-acre tract of land out of a portion of Lot 4-B and Lot 5D-R, Block A, Joslin Tract, located on the north side of South Padre Island Drive (SH 358) and approximately 850 feet east of Rodd Field Road. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (December 18, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to allow the establishment of Butler Equipment and Tool Rental on the subject property, which is 2.28 acres of vacant land, and on the abutting 1.26 acres of commercially zoned land fronting on South Padre Island Drive (SH 358). Butler Equipment and Tool Rental rents items to the general public and contractors such as yard and garden equipment, trenchers, skid loaders, small backhoes, contractor type hand tools, generators, etc. They service and repair the items they rent. The applicant proposes to use the existing 1,680-square foot building that fronts South Padre Island Drive (SH 358) for its showroom and sales counter. The applicant also plans to add an additional 5,000 square feet of showroom/warehouse space directly behind the existing building for sales, storage, and repair area. The subject property is suited for a general commercial use such as Butler Equipment and Tool Rental. One neighbor, the Islamic Society of Southern Texas, is opposed to this rezoning. This neighbor represents 20.95% of the land area within 200 feet of the subject property. Therefore, seven of the nine councilmembers would have to vote in favor of this rezoning in order to approve it. The Islamic Society of Southern Texas' comment was, "This area will be next to our mosque and also next to a church. It should stay residential." ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Future Land Use Plan's designation of the property as medium-density residential uses. However, a significant amount of multifamily uses already exist in the area. A general commercial use is acceptable for the subject property and is compatible with the surrounding zoning districts and developments. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Report with Attachments Ordinance with Exhibits PLANNING COMMISSION FINAL REPORT Case No. 1213-06 HTE No. 13-10000044 Planning Commission Hearing Date: December 18, 2013 c Applicant/Representative: Charles E. Butler o Owner: CPAT LLC 0 a Legal Description/Location: Being a 2.28-acre tract of land out of a portion CL� 6 of Lot 4-B and Lot 5D-R, Block A, Joslin Tract, located on the north side of Q°a o South Padre Island Drive (SH 358) and approximately 850 feet east of Rodd Field Road. From: "RS-6" Single-Family 6 District a�) To "CG-2" General Commercial District .F Area: 2.28 acres N � Purpose of Request: To allow the establishment of an equipment and tool rental business. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" Single-Family 6 Vacant Medium Density Residential c Medium Density North "RM-1" Multifamily 1 Public/Semi-Public Residential N "CG-2" General Vacant & South Commercial Commercial Commercial � J y "RM-1" Multifamily 1 & Vacant & Medium Density w East "RS-6" Single-Family 6 Public/Semi-Public Residential West "RM-1" Multifamily 1 Vacant & Medium Medium Density Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan. The proposed rezoning cCL c to the "CG-2" General Commercial District is inconsistent with the adopted Future Land Use Plan, which designates the property for medium-density a o residential uses Q Map No.: 040034 Zoning Violations: None Planning Commission Final Report Case#1213-06 Charles E. Butler Page 2 C O M Transportation and Circulation: The subject property by itself has no street r_ access. When developed in conjunction with the 1.26 acres fronting South O CL Padre Island Drive (SH 358), the subject property will have 165 feet of street c>s frontage. South Padre Island Drive is an "F1" Freeway/Expressway. L F_ Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single- Family 6 District to the "CG-2" General Commercial District to allow an equipment and tool rental business serving the general public and contractors. This use is a general commercial use. Applicant's Development Plan: The applicant plans to establish Butler Equipment and Tool Rental on the subject property being rezoned and the abutting 1.26 acres of commercially zoned property fronting on South Padre Island Drive (SH 358). The applicant proposes to use the existing 1,680-square foot building that fronts South Padre Island Drive (SH 358) for its showroom and sales counter. The applicant also plans to add an additional 5,000 square feet of showroom/warehouse space directly behind the existing building for sales, storage and repair of the tools and equipment. Butler Equipment and Tool Rental rents items to the general public and contractors such as yard and garden equipment, trenchers, skid loaders, small backhoes, contractor type hand tools, generators, etc. They service and repair the items they rent and also sell other items to the general public. They will have a concrete paved fenced yard around the property for storage of the rental equipment that does not need to be stored inside. The business will employ approximately six people and operate Monday through Friday, 7 a.m. to 6 p.m. and Saturday from 8 a.m. to 12 p.m. Existing Land Uses & Zoning: North of the subject property is a place of worship zoned "RM-1" Multifamily 1 District and "RS-6" Single-Family 6 District. East of the subject property is a place a worship zoned "RM-1" Multifamily 1 District. South of the subject property is a commercial building zoned "CG-2" General Commercial District. West of the subject property is vacant property zoned "RM-1" Multifamily 1 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan. The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Future Land Use Plan's designation of the property as medium-density residential uses. Plat Status: The majority of the subject property is currently platted. The remaining portion of Lot 5D-R is not platted or not in conformity with the City's subdivision regulations. Planning Commission Final Report Case#1213-06 Charles E. Butler Page 3 Department Comments: • The subject property is suitable for commercial uses. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and is not anticipated to have a negative impact on the surrounding neighbors. • The property located south of the subject property is already developed with commercial uses, and this rezoning would expand the existing "CG-2" General Commercial District. • A significant amount of multifamily uses already exist in this area, especially apartment complexes serving college students. A commercial use rather than a multifamily use on the subject property is a reasonable modification to the Future Land Use Plan. • The Comprehensive Plan states commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive in design. Minimize the impact of commercial area on adjacent, existing or future residential area through the use of compact designs, screening fences, open space and landscaping. The Unified Devleopment Code will require buffer yards to help increase compatibility between the proposed commercial uses and future surrounding apartment uses. Planning Commission and Staff Recommendation (December 18, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District Number of Notices Mailed — 11 within 200-foot notification area 5 outside notification area As of December 30, 2013: In Favor — 0 inside notification area — 1 outside notification area c ° In Opposition — 1 inside notification area 0 outside notification area Z • With one neighbor opposed, the opposition totals 20.95% of the land area v within 200 feet of the subject property opposed to the rezoning. M • Therefore, this case requires seven of the nine councilmembers to vote in a favor to approve the rezoning Summary: • Islamic Society of Southern Texas— In Opposition; "This area will be next to our mosque and also next to a church. It should stay residential." • Woodlawn Elementary School— In Favor; No comment. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\1213-06 Charles E.Butler\City Council Documents\1213-06 Zoning Report for CC,Charles E. Butler rev 12302013.d ocx P 0 RM- 7 G - R .. I � � � S 8.J1 C T P 0 R "Y" RS 6 G _ SP/ 98 a,10 1 r� if S 6 - 13 Rp �A C G ko sib t G- 2 C2ate eared•f2'48J2q?3 p Opp 800 PP ared'8y/erentym Feet pe anfnOnt of wefopmenr SeMcos CASE- 1213-06 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial w,� SUBJECT, RIM-2 Multifamily 2 IH Heavy Industrial r�'p RM-3 Multifamily 3 PUD planned Unit Dev,Overlay � PROPERTY ON professional Office RS-10 Singla Famlly 10 RM-AT Multifamily AT RS-a'a Single-Family 6 CH-1 HelghborhoodCommercial RS-4,5 Single-Family 4.5 '„„,„ k""�w,.„, omrf,,ua CH-2 Neighborhood Commercial l Two-Family CR-1 Resort Com mercial RS-15 Single-Famlly15 „. ” CR-2 Resort Com mercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial Sp Special permit „ CI Intensive Commercial y "^ CBD Downtown Commercial RV Manufactured Vehicle Park F' RMH Maanufaactured Home. � ! Cl Resort Commercial FR Farm Rural rvr � H Historic Overlay „r, �r ""�• ; ,; 'S, SP Business Park war ® subf ecr p(opaeoy Own Ys �w1„t�'"L7 f wO, 200'blu r 0 m favor ? „., Co rpU S d Uatrrer t��row,'�.rsh Brute parr o}vposes OC,4�"I(7IV MAID Christy. "'IF at��ohea,�p,,�rPe/ahfpa telade irP�arapaoaila,arP Io,e TI,".p,, SPID Frontage Road o� I li I I >G. I _ I li I I I I � I I � III I li I Ali �x3 N i n I I � II I II I I I c O A I I p v III N I m I 'I N it ai I; IIL J I mil a I boa ;,Ii 'a I a I� I II I II I yl iIh I- , � Iv n ,m o rn I I 13 I I I i N A� ITT �u N mr D _I z �I 31 I m aii � III I I I III I I mli I� I i� I I I , I I, I I II , 0 I p I I I ,I I I , III -� Fvv ne�nav d(10 ma+sP ts) � I I ------------------------ — -- 6 P,m—S aa,F.... --- �7 �7 U1 � y Butler Rental �� LL DDERE O I ARCHITECTS,LLC gu ld ng Pertn[or w a 7314 South Padre Island Drive amP�.��� Ra9��a�oryAPP�o�a�' SITE CONCEPT Ordinance amending the Unified Development Code ("UDC"), upon application by Charles E. Butler on behalf of CPAT L.L.C. ("Owner"), by changing the UDC Zoning Map in reference to a 2.28-acre tract of land out of a portion of Lot 4-13 and Lot 5D-R, Block A, Joslin Tract, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Charles E. Butler on behalf of CPAT L.L.C. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 18, 2013, during a meeting of the Planning Commission, and on Tuesday, January 28, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Charles E. Butler on behalf of CPAT L.L.C. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.28-acre tract of land out of a portion of Lot 4-B and Lot 5D-R, Block A, Joslin Tract, located on the north side of South Padre Island Drive (SH 358) and approximately 850 feet east of Rodd Field Road, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District (Zoning Map No. 040034), as shown in Exhibits "A" and Exhibit "B." Exhibit A, which is a metes a bounds description of the Property, and Exhibit B, which is a location map of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1213-06 Ordinance, Charles E. Butler_rev01132014 Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES Field Notes of a 2.280 acre tract of land out of a portion of Lot 4-B,Block A,Joslin Tract,as shown on a map recorded in Volume 35,Page 69,Map Records Nueces County,Texas,and out of Lot 5D—R,Block A,Joslin Tract,as shown on a map recorded in Volume 31,Page 87,Map Records Nueces County,Texas.Said 2.280 acres being more particularly described as follows: COMMENCING at a 5/8"iron rod found in the north right of way of South Padre Island Drive for the southwest corner of Lot 4-B,THENCE North 28°40'30"East,a distance of 321.22 feet to a point in the southwest boundary line of Lot 2, Section 28,F.B.&E.F.&G.T.,as shown on a map recorded in Volume A,Page 43,the southwest corner of this survey,and for the POINT of BEGINNING. THENCE North 28°40'30"East,a distance of 468.21 feet to a 5/8"iron rod found for the northwest corner of this survey. THENCE South 61'53'52"East,a distance of 165.16 feet to a 5/8"iron rod found for an outside corner of this survey. THENCE South 28°40'54"West,a distance of 8.04 feet to a 5/8'iron rod found for the inside corner of this survey. THENCE South 61'04'56"East,a distance of 82.29 feet to a 5/8"iron rod found for the northeast corner of this survey. THENCE South 28 140'54"West,a distance of 271.12 feet to a 5/8"iron rod found for the outside corner of this survey. THENCE North 63 046'56"West,a distance of 82.37 feet to a 5/8"iron rod found for the inside corner of this survey. THENCE South 28 040'54"West,a distance of 179.74 feet to a 5/8"iron rod found for the southeast corner of this survey. THENCE North 63°46'56"West,a distance of 165.24 feet to the POINT of BEGINNING of this survey,and containing 2.280 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day December 3,2013 and is correct to the best of my knowledge and belief. I,-&.—a g e./&� Ronald E.Brister,RPLS No. 5407 Date:December 17,2013. �EOFr 9 5;'pk Fa•,N .RONALD E,BRISTER,. 5407 !,q'�OFFSSp��'OQ- Sl1RV� Job 131467-2 EXHIBIT A ON 0 o�� M�gRo - ��� R M- 1 FRO a V G - 4'1 W RM- 1 RM- 1 RM- 1 O SUBJECT PRO ERTY RS - 6 SPI08 - 18 CG - 2 G - 2 u 0 S� Noon CG - 2 u CMG - 2 SP106 - 13 R°ooFr C G - RS h'►vy y►vyFROMy m 3 3 _ s8 FR�'Y s8 FR�'y 3S$RMp 6 pgoRFj CG - 2 s�Ho oR Date •reated.,121612013 0 400 81 Pr pared By:jeremym Feet De artment of Development Services CASE: 1213-06 SUBJECT PROPERTY WITH ZONING A��F rg4r w"^w 8 N UCC ® Subject qoq Property F's��o SUBJECT PROPERTY RM-1 Multifamily 1 IL Light Industrial ,, C RM-2 Multifamily 2 IH Heavy Industrial '"°��„� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ""'"^�� e'Cso ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 w CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 3 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse ! \Ho CG-2 Ge SP Special Permit neral Commercial N q, CI Intensive Commercial RV Recreational Vehicle Park W CBD Downtown Commercial moo_ RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural 9 F\ City Of H Historic Overlay CO US LOCA h BP Business Park TION MAP Cristi EXHIBIT B 4, nJ AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of January 28, 2014 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: December 19, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Two-Family to Multifamily on Tract A; From Two-Family and Multifamily to Office on Tract B; and From Multifamily to Commercial on Tract C By D&E Development Corporation Property Address: 6801 Saratoga Boulevard (SH 357) CAPTION: Case No. 1213-04 D&E Development Corporation: A change of zoning from the "RS-TF" Two-Family District to the "RM-1" Multifamily 1 District on Tract A; from the "RS-TF" Two-Family District and the "RM-3" Multifamily 3 District to the "ON" Office District on Tract B; and from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District on Tract C, resulting in a change to the Future Land Use Plan from commercial to medium-density residential uses on Tract A; from commercial to professional office uses on Tract B; and no change to the Future Land Use Plan on Tract C. The property to be rezoned is described as being a 9.79-acre tract of land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard (SH 357), approximately 1,300 feet east of Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of multifamily, office and commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (December 18, 2013): Approval of the rezoning: • From the "RS-TF" Two-Family District to the "RM-1" Multifamily 1 District on Tract A; • From the "RS-TF" Two-Family District and the "RM-3" Multifamily 3 District to the "ON" Office District on Tract B; and • From the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District on Tract C. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to allow construction of multifamily, office and commercial uses. On Tract A, the applicant proposes to develop a new gated apartment complex with 304 dwelling units. Tract A will be developed in conjunction with the abutting 9.50 acres to the north, which are already zoned for apartment uses. The current landowner plans to develop Tracts B and C with office and commercial uses independent of the apartment complex. These tracts would be developed in conjunction with the vacant land to the west, which is also owned by the same landowner. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RM-1" Multifamily 1 District and "ON" Office District on Tracts A and B respectively is not consistent with the adopted Future Land Use Plan, which designates Tracts A and B for commercial uses. Apartment and office uses are allowed, however, in a commercial zoning district. The proposed rezoning of Tracts A and B is an acceptable modification to the Zoning Map. The rezoning of Tract C to the "CG-2" General Commercial District is consistent with the Future Land Use Plan, which designates Tract C for commercial uses. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Report with Attachments Ordinance with Exhibits =UUSTEAIJ p = tfry PLANNING COMMISSION FINAL REPORT Case No. 1213-04 HTE No. 13-10000040 Planning Commission Hearing Date: December 18, 2013 a Applicant/Owner: D&E Development Corporation ro Representative: Russell McDaris u am a Legal Description/Location: Being a 9.79-acre tract of land out of Lots 5 CL� 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located Q°a o on the south side of Saratoga Boulevard (SH 357) and approximately 1,300 feet east of Airline Road. Total Area of Request: 9.79 acres Tract A (5.10 acres) From: "RS-TF" Two-Family District y To: "RM-1" Multifamily 1 District Q a Tract B (3.85 acres) W From: "RS-TF" Two-Family District and "RM-3" Multifamily 3 District a) To: "ON" Office District c c Tract C (0.84 acres) N From: "RM-3" Multifamily 3 District To: "CG-2" General Commercial District Purpose of Request: To allow construction of multifamily, office and commercial uses. Existing Zoning Existing Land Use Future Land Use District Site "RS-TF" Two-Family & Vacant Commercial "RM-3" Multifamily 3 c "CG-2" General North Commercial & "RM-3" Vacant Commercial c Multifamily 3 .o Drainage Ditch & Drainage Ditch & N -0 South "RS-6" Single-Family 6 Low Density Low Density J Residential Residential y Drainage Ditch, W East Light Industrial & Vacant & Drainage Commercial Medium "RM-3" Multifamily 3 Ditch & Density Residential "CG-2" General West Commercial & "ON" Vacant Commercial Office District Planning Commission Final Report Case#1213-04 D&E Development Corp. Page 2 N Area Development Plan: The subject property is located within the o boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RM-1" Multifamily 1 District 6 and "ON" Office District is not consistent with the adopted Future Land Use > Plan, which designates Tracts A and B for commercial uses. The "CG-2" aDistrict, however, allows apartment and office uses. The rezoning of Tract C to the "CG-2" General Commercial District is consistent with the Future Land Use Plan, which designates Tract C for commercial uses. p Map No.: 041032 a Zoning Violations: None Transportation and Circulation: The subject property has 94 feet of street c frontage along Saratoga Boulevard, which is an "A3" Primary-Arterial Divided roadway. When the subject property is developed in conjunction with the c abutting 10 acres to the north, the proposed apartment complex will have a CL total street frontage of 561 feet along Saratoga Boulevard (SH 357). Higher c>s intensity uses, such as the multifamily and commercial uses proposed, should be located on arterial roadways, such as Saratoga Boulevard and Airline Road. Arterial roadways are designed to carry high volumes of traffic. Urban Proposed Existing Traffic Street Transportation Volume W � Section Section L d Plan Type (2009) C Saratoga "A3" Primary- 130' ROW 120' ROW 11,911 ADT Blvd. Arterial Divided 79' paved 60' paved Staff Summary: Requested Zoning: On Tract A, the applicant is requesting a rezoning from the "RS-TF" Two-Family District to the "RM-1 Multifamily 1 District on 5.10 acres. Tract A will be developed in conjunction with the abutting 9.50-acre tract of land to the north with an apartment complex. The 9.50-acre tract is not part of this rezoning because it is already zoned "RM-3" Multifamily 3 District. On Tract B, the applicant is requesting a rezoning from "RS-TF" Two-Family District and the "RM-3" Multifamily 3 District to the "ON" Office District on 3.85 acres. On Tract C, the applicant is requesting a rezoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District on 0.84 acres. The applicant is rezoning Tracts B and C for the current landowner's future use and for consistency with the adjacent zoning districts to the west. The current landowner also owns the remaining acreage between the subject property and Airline Road. Planning Commission Final Report Case#1213-04 D&E Development Corp. Page 3 Applicant's Development Plan: Tract A— The applicant proposes to develop a gated apartment complex containing 304 dwelling units. Tract A will be developed in conjunction with the 9.50 acres to the north, which are already zoned for apartment uses. Once developed, the apartment complex will have a total of 561 feet of street frontage on Saratoga Boulevard (SH 357) with no access to other streets. The tallest building with the proposed apartment complex will be 42 feet high and total building livable square feet will be approximately 288,000. Tract B — The current landowner plans to develop Tract B, which is 3.85 acres, with office uses independent of the apartment complex. Tract B would be developed in conjunction with the vacant land to the west, which is zoned "ON" Office District and owned by the current landowner of Tract B. Tract C — The current landowner plans to develop Tract C, which is 0.84 acres, with commercial uses independent of the apartment complex. Tract C would be developed in conjunction with the vacant land to the west, which is zoned "CG-2" General Commercial District and owned by the current landowner of Tract C. Existing Land Uses & Zoning: North of the subject property is vacant land zoned "CG-2" General Commercial District and "RM-3" Multifamily 3 District. East of Tract A across the 95-foot wide drainage ditch is vacant land zoned "IL" Light Industrial District. East of Tracts B and C is vacant land zoned "RM-3" Multifamily 3 District. South of the subject property and across the 80-foot wide drainage ditch is a single-family neighborhood zoned "RS-6" Single-Family 6 District. West of the subject property is vacant land zoned "CG-2" General Commercial District and "ON" Office District AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RM-1" Multifamily 1 District and "ON" Office District on Tracts A and B respectively is not consistent with the adopted Future Land Use Plan, which designates Tracts A and B for commercial uses. Apartment and office uses are allowed, however, in a Commercial zoning district such as "CG-2" General Commercial District. The rezoning of Tract C to the "CG-2" General Commercial District is consistent with the Future Land Use Plan, which designates Tract C for commercial uses. Plat Status: Not platted. Planning Commission Final Report Case#1213-04 D&E Development Corp. Page 4 Department Comments: • Although inconsistent with the adopted Future Land Use Plan, the proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding properties. • Commercial activities that generate large volumes of traffic should have direct access to arterial streets without having to traverse through residential areas. The subject property has direct access to Saratoga Boulevard, which is an arterial type street. • The drainage ditch along the southern boundary of the subject property will aid in buffering the higher intensity apartment use from the single-family residential uses to the south. Planning Commission and Staff Recommendation (December 18, 2013): Approval of the rezoning: • From the "RS-TF" Two-Family District to the "RM-1" Multifamily 1 District on Tract A; • From the "RS-TF" Two-Family District and the "RM-3" Multifamily 3 District to the "ON" Office District on Tract B; and • From the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District on Tract C. Number of Notices Mailed — 26 within 200-foot notification area 0 4 outside notification area As of December 19, 2013: In Favor — 1 (inside notification area); 0 (outside notification area) Z In Opposition — 4 (inside notification area); 0 (outside notification area) • 53.21% of the land within 200 feet of the subject property is in favor. a • 2.22% of the land within 200 feet of the subject property is in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Notices Returned with Comments K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\1213-04 D&E Development Corporation\City Council Documents\REVISED\1213-04 Zoning Report for CC,D&E Development_rev_12302013.docx ffC"N- I . R 4 d x. w (A 27" � 7 1 u 6 R O-Z CG 2 CAp 0062 IyxlylG ( ) TRAC C ., rn CN- 7 ON 27 RN-3 T'R,riu � wTF 8 Fry.. CTI . FC N- T 97 RAC T A 23 SUBJECT 24 PROPERTY s M 22 �6 �- 3 ,... 1 aC U, a Uj 0 � N 0 Date Crear d,11/22/2013 S!1 � 4 .,� � �a c� � C N•prepared"By JERE49Yl4P ��Je rartrherat' 'F.Pevelc pment services CASE: 1213-04 ZONING & NOTICE AREA RM-1 Multifamily t flaw. Ught Industrial v� `.• .0 / r RMI-2 Multlffam lly 2 iH Heavy Industrial w�wC f� �,F „ RMI-3 Multifamily 3 dsUD Planned Unit©ev.Overlay ON Professional Office R�s-tm Single FamldfytCl tff+ �My� r '� PERTY �. RM AT Multifamily AT RS-6 Single-Pam lly 6 CN-t Neighborhood Comumderclad RS,45 Slimgde-Famllly 4..5 CNd-2 Neighborhood Comnmerc,pat RS-TF TWo-Faamdly CR-t Resort Commercial Rs-t6 Sdn,gtle Famadly 15 `.-. ;� •...r' X71 CR-2 Resor9 Commercial RE Residential Estate CG-1 General Commercial RS,TH Townhouse CG-2 General Commercial '. SP cal Permit Cd Intensive Cornmercda RV Recreational Vehicle Park '211 CB3 Downtown Comner,11 ' RNN Manufactured Home r � � Cm CR-3 Resort Commemiad P.....wi} . FR Farm?Rural H Historic Overlay BP Business(Park ��4 ! �• �. .....„,,.. � nrdn�cr 't serf rlvnTe s q' 11 . City of y �t4't vats'rY7rP ffrarf(pr tee Yn ofc .M r tiw a( S . d np }" to 8a �(�:PMd11rP rrdvQn r3tV d fbil rnl9 �Ir CP�nlOVI LOCH/ION A P' �"� "�� aetacrrnN railPNat7r�ra rµ - /tm, e��rp�ai:msrt,�ur�r + 92/902092 92:44,111 ,w 161P_Sayabga On= P, Me P. 0 PROPOSE/ON — TRCTB 0284056"E 1214 93' r-HilmIIIIIIIIn Im Inj 1 CHIHHHIIHHHIIIHHHIII dr ! ,o1sori r�Td TRACT C L 66964 w 1,661 0 0 --The 'Wks © on Saratoga ent Homes Aicrtt„ 6801 -Carats a Mandl; Coopns ChirfstC, Tessass Case ISseveLopment Sas-aces Summary of Public Comments Received by Mail Case No: 1213-04 D&E Development Corporation I. Notices returned from within the 200-foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 26 Favor: 1 #26 D&E Development Corporation (1038 Hill Country Road, Edinburg, TX): Rezoning of Tract A allows highest and best use of property. Tracts B and C need to rezoning to avoid fragmentation. Opposition: 4 #2 Jeffery Blake and Gloria Ann Montelongo (6922 Vineyard Drive): No reason. #7 Michelle Ann and Luis E. Mendoza (6938 Vineyard Drive): No reason. #10 Bray Bernie Don II (6910 Vineyard Drive): A gigantic apartment complex is already under construction at Airline and Saratoga. Please we do not need more apartments in this area. #16 Bray Bernie Don II (6910 Vineyard Drive): A ton of apartments just rent in right across the street (Airline and Saratoga) from this location. Please, no more apartments in this area. II. Responses received from neighborhood but outside the 200-foot notification area: Total number mailed: 4 Favor: 0 Opposition: 0 Public Comment Summary Page 2 III. Responses received from owners/applicants of property being rezoned: Favor: 1 Opposition: 0 D&E Development Corporation (1038 Hill Country Road, Edinburg, TX): Rezoning of Tract A allows highest and best use of property. Tracts B and C need rezoning to avoid fragmentation. IV. Unsolicited responses received: Favor: 0 Opposition: 0 Ordinance amending the Unified Development Code ("UDC"), upon application by D&E Development Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 9.79-acre tract of land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts from the "RS-TF" Two-Family District to the "RM-1" Multifamily 1 District on Tract A, from the "RS-TF" Two- Family District and the "RM-3" Multifamily 3 District to the "ON" Office District on Tract B, and from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District on Tract C; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by D&E Development Corporation ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 18, 2013, during a meeting of the Planning Commission, and on Tuesday, January 28, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by D&E Development Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 9.79-acre tract of land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard (SH 357) approximately 1,300 feet east of Airline Road, from the "RS-TF" Two-Family District to the "RM-1" Multifamily 1 District on Tract A, from the "RS-TF" Two-Family District and the "RM-3" Multifamily 3 District to the "ON" Office District on Tract B, and from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District on Tract C (Zoning Map No. 041032), as shown in Exhibits "A," "B," "C" and "D." Exhibit A, which is a metes and bounds description of Tract A; Exhibit B, which is a metes and bounds description of Tract B; Exhibit C, which is a metes a bounds description of Tract C; and Exhibit D, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 1213-04 Ordinance, D&E Development_rev_01132014 Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1213-04 Ordinance, D&E Development_rev_01132014 Page 3 of 3 UR WIIIIIIII A& ENGINEERING Job No. 04462.B3.02 November N6,I013 5.10 Acre Tract Tract"A" STATE OF TEXAS COUNTY OF NUECES Fie\duotem, for m5.lOAcre Zoning Tract, of Lot 6, Section 20, Flour Bluff and Enuinu| Farm and Garden Tracts, a rnap of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 5.l0acre tract being more fully described umfollows: Commencing,atm5/0 inch iron rod found, on the common boundary of Lots U and 7, nf the said Section 2O, the Northernmost Northeast corner of Lot 19, Block 1, The Vineyards Unit I B, a map of which is recorded in Volume 59, Pages 24-25, nf the said YWmp Records; Thence,North 28'4 1'56"East, with the said common boundary, 80.00 feet,to the Point of Beginning and Southeast comer of this tract; Thence,North 6l^l8`04"West, mo45.00 feet, pass the West boundary ufun existing 45.0Ofoot wide drainage casement,as recorded in Volume 1790, Page 17 1, of the Deed Records of Nueces County, Texas, in all 56|.00 feet,to the Southwest corner mf this tract; Thence,North 2O»4l`56" East,395.93 feet,tn the Northwest comer of this tract; Thence, South 6|p]8"04`^ East, 56\.00 feet,{o the said common boundary, for the Northeast corner of this 1roc<' ' Thence, South 28^4|'56"West, with the said common boundary 395.93 feet,bu the Point of Beginning, containing 5.l0 acres (222,]l7 square feet)ofland, more orless. Bearings based on GyS,N&D 83, State Plane Coordinates, Texas South Zone 4205. Uu|emmtbkn Field Notes Description, including preamble, meul and signature, uppcom in its crt|rs1y, in its original form, surveyor assumes no responsibility or liability for its accuracy. Also reference accompanying sketch of tract described herein. Urban Engineering License No. 5463' n:\sunoxi^gN4462nm302\rrau/A�5.1 0,comract,00m** Page:./z (361)854-3101 27Z5SVVANTNER DR, wCORPUS CHRISTI,TEXAS 784O4 FAX(361)854-6001 T8PE Firm# 145wT0PLS Firm # 100324OU EXHIBIT RN�� Alk ENGINEERING Job No. 04462.1133.02 November 15,2013 3.85 Acre Tract Tract "B" STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 3.85 Acre Zoning Tract,more or less, of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, pages 41-43, Map Records of Nueces County, Texas, said 3.10 acre tract being more fully described as follows: Commencing, at a 5/8 inch iron rod found,on the South right-of-way of Saratoga Boulevard (State Highway 357),the Northwest corner of Lot 7, of the said Section 20,for the Northeast corner of the said Lot 6 Thence,North 61']8'04" West, with the said South right-of-way, 561.00 feet and South 28°41'56"West, 389.00 feet,to the Point of Beginning and Northeast corner of this tract; Thence, South 28'°41'56" West, 745.93 feet, to the North boundary of an existing 80.00 foot wide drainage easement, as recorded in Volume 1.790,Page 171, of the Deed Records of Nueces County, Texas, for the Southeast comer of this tract; Thence, North 61°18'04"West,with the said North boundary of the existing 80.00 foot wide drainage easement, 243.89 feet, to the Southwest corner of this tract; "Thence, North 02°40'58"Fast, 440.58 feet,to the Northwest corner of this tract; Thence, South 61°18'04"East, 343.14 feet, for a corner of this tract; Thence,North 28°41'56" East, 350.00 feet, for a corner of this tract; Thence, South 61°18'04"East, 94.00 feet,to the Point of Beginning,containing 3.85 acres (167,720 square feet)of land,more or less. Bearings based on GPS,NAD 83, State Plane Coordinates, Texas South.Zone 4205. tJnless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Also reference accompanying sketch of tract described herein. (a l* •NY..1.M... Y.F... N F..Y• Urba li E�ngineerimg k TH W WO-OK ✓�� ""' 5463 �' ....Y.F' Keith W. Wn ley,R.P.L.S. License No. S:ISurveying14462T3021Tract B-3.85acretract,domdoc Page p of 2 (361)854-3101 2725 SWANTNER DR. . CORPUS CHRISTI,TEXAS 78404 FAX(351)854-6001 www.urbaneng.com TBPE Firm # 145 a TBPLS Firm# 100324010 EXHIBIT B ILE I UR A ENGINEERING Job No. 04462.83.02 November 15, 2013 0.84 Acre Tract Tract " C" STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.84 Acre Zoning.Tract, of Lot 6, Section 20, Flour Bluff and Encinal farm and Garden Tracts,a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 0.84 acre tract being more fully described as follows: Commencing,at a 5/8 inch iron rod found, on the South right-of-way of Saratoga Boulevard (State Highway 357),the Northwest corner of Lot 7, of the said Section 20, for the Northeast corner of the said Lots 6; Thence,North 61'18'04" West,with the said South right-of-way, 561.00 feet, to the Point of Beginning and Northeast corner of this tract; Thence, South 28°41'56"West, 389.00 feet,to the Southeast corner of this tract; Thence, North 61°18'04"West, 94.00 feet,to the Southwest corner of this tract; Thence,North 28°41'56" last, 389.00 feet,to the said South right-of-way, for the Northwest corner of this tract; Thence, South 61°18'04" East, with said South right-of-way, 94.00 feet,to the Point of Beginning, containing 0.84 acres(36,566 square feet)of land, more or less. Bearings based on GPS,NA© 83, State Plane Coordinates, Texas South.Zane 4205. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Reference also, accompanying map of the tract described herein. rri�OF��P, «r.rr..r«...r..rrrr.wrr...«ra• Urban Engineering KEITH W.WQOLEY - 63 f. «. ,No " Keith W.Wooley, .P.L.S. License No. 54613 �..,. S:1Surveying14462113302\'Fract C-0.84acretract.docx.doc Page 1 of (361)854-3101 2725 SWANTNER DR. .CORPUS CHRISTI, TEXAS 78404 FAX(361)854-60101 www.urbantrjg.,com TBPE Firm# 145 +TBPLS Firm # 10032400 EXHIBIT C 0,8 t r C* °� p �c SP a n f Q r 176- ,i o, of r® S3 fat ty�Q'3 p• r cap, I 44V 00, f `Of�g I +. �Q, 0w 8�¢; �� G7 G � Off© C7rp�oh 7 I Cad 10 V Y ICy + e y rase Ul) I ► r°ct . �° ��', sq to ��7' l �t7 ,w CSC ql L_ eg e n d f ^ Ss II.°.r I.R. Fd. S/8" ~� ,$ry' `�`��` Cb"5 5 a/ 7 rye Of w ��� , J II ✓� r✓ s II � " I ✓ PS �� ��r a 20 79Q s Ph 0/', . s `T C' 1>,7eo (, r IJ R ' ✓✓� ✓ 40 o cr'ptlf q Of 79ll �Qe Oct I I Sketch to ..Al.,cccmp�n� FIEL.DDNOTES for a 9.79 Acre Tract of DATE: Nov 15, 2013 land, more or less, out of Lots 5 and SCALE`. 1'"=-200' 6, Section 20, Flour Bluff and Encinal E N G I N E E R I N G JOB NO.. 4462.83.42 Form and Garden Tracts, a map of 27M S*wbwSt.CoWs era rr 78*f which is recorded in Volume A, Pages W r+,, * 145 MRS rrmna raw,wa SHEET: 1 of 2 41-43, flap Records of Nueces County, ft'%C(M)as'-3101 FAX-(JO)854-M DRAWN BY. JDC Texas 02013 by Urban Engineering EXHIBIT D AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of January 28, 2014 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: January 16, 2014 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Single-Family to Multifamily For Hammond Jones Development Property Address: 1301 Daly Drive CAPTION: Case No. 0114-01 Hammond Jones Development: A change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 0.32-acre tract of land out of Lot 1, Block 2, Woodlawn Estates, located on the southwest corner of McArdle Road and Daly Drive. PURPOSE: The purpose of this item is to rezone the subject property to allow an apartment complex to be developed in conjunction with the adjacent properties already zoned for apartment uses. RECOMMENDATION: Planning Commission and Staff Recommendation (January 15, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting to rezone the subject property from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The subject property, which is 13,939 square feet in area, will be developed with apartments in conjunction with the 6.48 acres to the southwest. The abutting 6.48 acres was rezoned in October 2013 for a 100-unit student housing project. The applicant was able to sign a contract on the subject property only after the initial rezoning was completed. Therefore, the subject property had to be rezoned in a separate process. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan and the proposed rezoning is consistent with the City's adopted Future Land Use Plan, which designates the subject property for medium-density residential uses at a density not to exceed 22 dwelling units per acre. The proposed apartment complex will have a density of 14.7 dwelling units per acre. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Report with Attachments Ordinance with Exhibits Proposed Site for Student Apartment Complex Subject Property Requesting RM -1 Zoning PLANNING COMMISSION FINAL REPORT Case No.: 0114-01 HTE No. 13-10000045 Planning Commission Hearing Date: January 15, 2014 Applicant/Representative: Hammond Jones Development Owners: James F. Abernathy and Cheryl Faye Abernathy 0 0.a Legal Description/Location: Being 0.32-acre tract of land out of Lot 1, Block CL of y 2, Woodlawn Estates, located on the southwest corner of McArdle Road and Q o Daly Drive. From: "RS-6" Single-Family 6 District To: "RM-1" Multifamily 1 District 'o Cr Area. 0.32 acres N 0 Purpose of Request: To develop the subject property in conjunction with the adjacent property with a 100-unit apartment complex. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Medium Density c Residential c� . y North "RS-6" Single-Family 6 Public/Semi-Public Public/Semi-Public N° South "RM-1" Multifamily 1 Vacant Medium Density Residential "CG-1" General y Commercial & wEast "RS-6/SP" Single-Family Commercial Commercial 6 with a Special Permit West "RM-1" Multifamily 1 Vacant Medium Density Residential Area Development Plan: The subject property is located within the CL c boundaries of the Southeast Area Development Plan and is planned for M ° medium density residential uses. The proposed rezoning to the "RM-1" a c Multifamily 1 District is consistent with the adopted Future Land Use Plan. a Map No.: 041035 Zoning Violations: None Report Case 0114-01 Hammond Jones Development Page 2 Transportation and Circulation: The subject property has 200 feet of c frontage along the south side of McArdle Road, which is a "C3" Primary Collector street and 75 feet of frontage on Daly Drive, which is a local residential street. 0 CL The 2012 Bond Package includes a project to widen McArdle Road to a four- lane road between Whitaker Drive and Ennis Joslin Road, which includes the subject property location. Construction is scheduled to begin in February 2014. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O McArdle "C3" Primary 75' ROW 65' ROW 7,381 Q Road Collector 50' paved 47' paved (2013 ADT) Q No cn 50' ROW 50' ROW Daly Drive Local Residential 50 Information paved 28' paved available Staff Summary: Requested Zoning: The applicant is requesting to rezone the subject property from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The subject property, which is 13,939 square feet in area, will be developed with apartments in conjunction with the 6.5 acres to the southwest. The abutting 6.5 acres was rezoned in October 2013 for a 100-unit student housing project. Development Plan: The applicant proposes to incorporate the subject tract with the development of a 100-unit apartment complex for students at a density of 15.4 dwelling units per acre. The "RM-1" District allows a maximum density of 22 dwelling units per acre. The proposed apartment complex is a medium density residential use, which is defined as up to 22 dwelling units per acre. The apartment complex would include amenities such as a swimming pool, clubhouse, outdoor sports court area, and sand volleyball court. All buildings will have to comply with the 45-foot height limitation of the "RM-1" Multifamily 1 District and the required setback from single-family uses that is based on the height of the apartment buildings. The project is anticipated for completion by July 2015. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and is vacant. Located north of the subject property is Haas Middle School, zoned "RS-6" Single-Family 6 District. To the east of the subject property is a car dealership extending from McArdle Road to South Padre Island Drive (SH 358) and zoned "CG-1" General Commercial District and "RS-6/SP" Single-Family 6 District with a Special Permit. To the south and to the west of the subject property is vacant property that was recently rezoned from the "RS-6" District to the "RM-1" Multifamily 1 District for the construction of the 100-unit apartment complex. Report Case 0114-01 Hammond Jones Development Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan and the proposed rezoning is consistent with the City's adopted Future Land Use Plan. The Future Land Use Plan designates the property for medium density residential uses, which means anywhere from 8 to 22 dwelling units per acre. Plat Status: A replat will be required prior to construction of the proposed apartment complex. Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan and Future Land Use Plan. • The proposed rezoning is compatible with the present zoning and would not negatively impact the surrounding properties. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (January 15, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. c Number of Notices Mailed — 9 within 200' notification area c� — 5 outside 200' notification area As of January 16, 2014: Z In Favor — 0 inside notification area; 0 outside notification area In Opposition — 0 inside notification area; 0 outside notification area B a For 0.00% in opposition. Attachments: A. Location Map (with Existing Zoning & Notice Area) B. Site Plan K:\DEVELOPMENTSVCS\SHARED\ZONING CASES\2014\0114-01 HAMMOND JONES\COUNCIL DOCUMENTS\REPORT TO COUNCIL_HAMMONDS JONES_0114- 01.DOCX N- 1 M " 0 M n m •v " Q � � w " Q � 0 a n 2 " G3 e " O 3 n MC,q R�< RS - 6 Q� RM- 2 3 " " 4 _ N SUBJECT v " M PROPERTY z 6 o°s s ? o " s " 5 `+ M " RM- 1 ? RS - 6 RS - 6 a SP/10- 1'1 2 CG - 1 o� " CG - 2 G — 2 Date Created:1212612013 b 400 800--_ By:jeremym Feet Department of Development Services CASE: 0114-01 ZONING & NOTICE AREA �q Rpy� 4� RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial r RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay q�'Occ ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 qop SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 wS�q PRtOPERTY CN-2 Neighborhood Commercial RS-TF Two-Family ��©,Q CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate ""' ca CG-1 General Commercial RS-TH Townhouse """u, y°46 o CG-2 General Commercial SP Special Permit °^� ° CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home i CR-3 Resort Commercial FR Farm Rural H Historic Overlay N v�y BP Business Park / k p aSubject Property O Owners S '� <�yq0 Clty Of with 200'buffer in favor CO1pUS 4 Owners within 200'listed on v Owners LOCATION MAP ChI1St1 attached ownership table x in opposition me 4 .............. T At ........... .................. ............. LA .......................... . ............... ntiti ............ ----------------- ------- A A AT L"i j .6 z-7—— 11 Q H..� Do Do 0, 7, III ............ C3D Ll .. ............................................... .............. 70 'm II C0 t 70 .............. _f............. D— lu ............. 70 ui LN 7 7- All F_ Ordinance amending the Unified Development Code ("UDC"), upon application by Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ("Owners"), by changing the UDC Zoning Map in reference to a 0.32-acre tract of land out of Lot 1, Block 2, Woodlawn Estates, from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 15, 2014, during a meeting of the Planning Commission, and on Tuesday, January 28, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.32-acre tract of land out of Lot 1, Block 2, Woodlawn Estates (the "Property"), located on the southwest corner of McArdle Road and Daly Drive, from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District (Zoning Map No. 041035), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: City Secretary Nelda Martinez Rebecca Huerta Mayor Ordinance-0114-01 Hammond Jones Development Page 2 of 2 URBAN ENGINEERING Job No.���B3.03 December 5,2013 STATE OF TEXAS COUNTY OF N0ECES Pielduvun for K32 acre tract"f land out o{Lot l,Block 2.wuvd|u,m Estates,^map v[which io recorded iuVolume 10,Po&m 34,K8up Records nfNmc,mCounty,Texas;said tract being more fully described as hd|unm: Beginning,at the point ofintersection of the southwest right-of-way line of McArdle Dd"e.up"h|icmndwoynnd northwest right-of-way of Daly Drive,a public roadway,for the east comer of said Lot I and of this tract; Thence,South 29'0N`30'West,with the Northwest boundary n[said Daly Drive and East boundary o[said Lot )uvd nf this tract,7l.00 feet,m the South comer vf this tract; Thence,North 6015i'3O^West,with the Northeast boundary nf the remainder vf Lot l.said Block 2'which iorecorded i"Document No. 1999Ol5450.the Southwest boundary ot said Lot l and^f this tract, |95.0O feet,m the West comer vfthis tract; Thence,North 29*0830^Fast,with the Southeast h^oodnryvfLm24.mdd0vok2.vhiohixncvrdrdioDocumvm No. 1999015450,the Northwest boundary of said Lot I and of this tract,71.00 feet,to the North comer of this tract; Thence,South Wp5)`30`East,with the Southwest boundary vf said k0w\od|o Drive,the Northeast boundary vCsaid Lot|and oy this tract, iv1OO feet,m the Point orBeginning,containing 0.32 acres(13,845 square feet)o[land,more vrless. Bearings are based on the recorded plat ofYhwd|aw Estates,n map vy which in recorded in Volume l0,Page 34.Map Records uf0"vouo County,Texas. Unless this Field Notes Description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility n,liability for its accuracy. Also reference accompanying sketch oftract described herein. URBAN ENG , 4X Dan K^. Urban,R,P.L.S. License No.4780 DAN LEE URBAN � �h n�4JH5��]03VDFP ��i���0 FAX(361)854-6001 vwvw.udooneng.omm Page 1*f| T@PE Firm#l45 EXHIBIT "A" m r GC' / do •�,„ ref tz Q f f '1 f Ot f f , ✓ ;yr /rr e Of Ot f 'c Of ,d °�rr °°c �f I q9 f o")4xQ f 00 45 30 s P'> tl di: 15 0 30 60 1,=30` Sketch to Accotnpan y FIELDNOTES for 0.32 acre tract of land out of Lot 1, Block 2, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, Map Records of Nueces County, Texas. U FR EB A N DATE. Dec. 2013 SCALE: 1"=30' ' ENGINEERING JOB NO.: 42855.83.03 2W.mob,.St.,,,�„ 4 rx 7SW SHEET: 1 of 1 wr rb"*U5 nm NA law4w DRAWN 8Y RLG btarl aN no, iAr��» r saa, urve in 303.4 ,f)/4/N3'Y. PhW sting EXHIBIT "B" d AGENDA MEMORANDUM oaPOwR,k First Reading Ordinance for the City Council Meeting of January 28, 2014 2852 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: January 16, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a)-cctexas.com 886-2604 Ordinance continuing the curfew ordinance for minors CAPTION: Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-42, and 33-43. PURPOSE: Section 370.002 of the Local Government Code requires a city, on the third anniversary of its juvenile curfew ordinance and every third year thereafter, to review the ordinance's effects on the community and on problems the ordinance was intended to remedy, to hold public hearings on the need to continue the ordinance, and to determine whether to abolish, continue, or modify the ordinance. Section 370.002 (b) of the Local Government Code provides that failure to act in accordance with Section 370.002 shall cause the ordinance to expire. BACKGROUND AND FINDINGS: The curfew ordinance has been readopted every 3 years since the original ordinance with the last review in February 2011. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends readopting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment A — number of violations compared to the number of juvenile arrests Attachment B — number of juvenile arrests for Crimes against Persons and Crimes against Property ORDINANCE Continuing the curfew ordinance for minors, The Code of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-42 and 33-43 WHEREAS the City Council of the City of Corpus Christi has previously adopted ordinances relating to curfews for minors and found at Sections 33-40, 33-41, 33-42 and 33-43 of the Code of Ordinances, City of Corpus Christi; and WHEREAS, as provided in Section 370.002 of the Texas Local Government Code, the City Council must review the curfew ordinance every three years to determine whether such ordinance should be abolished, continued or modified; and WHEREAS Corpus Christi continues to experience juvenile violence, juvenile crime and juvenile gang activity, resulting in juveniles being involved in a range of unacceptable behavior to include vandalism, assaults, public consumption of alcoholic beverages, littering, illegal drug use and burglaries; and WHEREAS persons under 17 years of age are particularly susceptible, by their lack of maturity and experience, to participate in unlawful and potentially harmful activities and to become victims of other perpetrators of crime, and Corpus Christi has no more important resource than its young people; and WHEREAS a lack of parental supervision and guidance contributes to unacceptable levels of juvenile violence, crime and gang activity, and parental responsibility needs to be supported; and WHEREAS attendance at school by minors is vital to the community because it helps prepare children to be responsible citizens, and a curfew during school hours reduces distractions and alternatives which induce non-attendance and activities detrimental to minors and to the community, and compliments laws compelling school attendance and discourages violations of those laws; and WHEREAS it is necessary for the City of Corpus Christi to exercise its authority to protect minors from each other and from other persons, to promote parental control and responsibility for children, to supplement state truancy laws, to protect the general public, and to reduce juvenile criminal and delinquent activities; and WHEREAS the City Council determines, pursuant to the above findings, that the public health and safety demands continuation of the ordinance establishing a curfew for minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The curfew ordinance found at Sections 33-40, 33-41, 33-42, and 33-43 of the Code of Ordinances, City of Corpus Christi, is hereby continued. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor 3500 - 3000 2500 2000 1500 1000 500 Juvenile Curfew Violations* as compared to Juvenile Arrests** Attachment A *Curfew violation citation data from Municipal Court **Arrest Data from UCR Arrest report - does not include runaways or citations. The dip in 2013 may be due to not all arrests being entered into the system as of 1.17.2014 # curfew violations* #juvenile arrests** U) rn ti ti c) U) co ti U) 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 900 800 700 600 500 400 300 200 100 Juvenile Arrests* Attachment B *Arrest data from UCR arrest report - Part One Crimes only The dip in 2013 may be due to not all arrests being entered into the system as of 1.17.2014 Crimes Against Property - Burglary, Larceny/Theft, Auto Theft Crimes Against Persons - Homicide, Rape, Robbery, Aggravated Assault 446 456 456 223 225 228 206 183 19 135 144 126 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 d AGENDA MEMORANDUM oaPOwR,k First Reading Ordinance for the City Council Meeting of January 28, 2014 2852 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: January 3, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Accepting and appropriating a grant to purchase an explosive/weapon detection canine for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Earl C. Sams Foundation, in the amount of $12,000 to purchase an explosive/weapon detection canine, training, and associated equipment within the Police Department; and appropriating the $12,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Earl C. Sams Foundation has awarded the Police Department a grant to purchase a bomb dog, training the handler, and associated equipment. There is no match required by the City. Funds are available through November 4, 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $12,000 $12,000 BALANCE $12,000 $12,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant, from the Earl C. Sams Foundation, in the amount of $12,000 to purchase an explosive/weapon detection canine, training, and associated equipment within the Police Department; and appropriating the $12,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant, from the Earl C. Sams Foundation, in the amount of $12,000 to purchase an explosive/weapon detection canine, training, and associated equipment within the Police Department; SECTION 2. That $12,000 grant is appropriated in the No. 1061 Police Grants Fund to purchase an explosive/weapon detection canine, training, and associated equipment within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DIRECTORS EARL C. SAMS FoUNDATION, INC. OFFIMS Bruce Sams Hawn Bruce Soon%HaN�n Nancy E. Hawn 101 N. SHORELINE BLVD., SUITE 602 President Susan flown Yura% CORP(JS CHRISTI, TEXAS 78401 Chief Executive Officer Candace N.Coutinho TELEPHONE(361) 888-6485 Susan Hawn Yuras Caidyn J.Hawn FAX(361) 884-4241 Chah-man of the Board Sydney E Thames WWW.2ga4MLM Vice President Susan G.01mmacht November 5, 2013 Secretary Assistant Treasurer Captain David Cook Corpus Christi Police Department Bomb Squad 321 Sartain Street Corpus Christi, TX 78401 Dear Captain Cook: This will confirm the approval by the Board of Directors of the Earl C. Sams Foundation, Inc. ("Foundation") at their meeting on November 4, 2013, of a grant to the Corpus Christi Police Department, in the amount of$12,000.00 for the following purpose: to acquire an ExplosivelWeapon Detection Canine and New Handle)- Training plus a Canine Transport Kennel. Payment of the grant funds will be made upon receipt by us of a countersigned copy of this letter. By your acceptance of this letter, you represent: 1. that you are a"governmental entity" under §I 70(c)(1) of the Internal Revenue Code and that you will notify us immediately of any change in your status as such entity; 2. the funds will be expended only for charitable, scientific, literary, or educational purposes consistent with the requirements of §170 (c)(1) or §I 70(c)(2)(B) of the Code; 3. that none of the funds will be used to carry on, directly or indirectly, propaganda or any voter registration drive; nor to attempt to influence legislation or the outcome of any specific public election; nor for a purpose not authorized in Section 4945 of the Code; 4. that the funds will be used without discrimination on the basis of race, color, sex, age, national origin, disability, or veteran status. November 5, 2013 Page 2 5. that you will have exclusive legal control over the contributed funds. 6. No part of the funds will be used to pay any local or national dues for Grantee or pay for the services of any grant writer for grantee, unless expressly provided for in the Statement of Purpose. 7. Venue. Grantee agrees that venue for any litigation pertaining to the use or return of grant funds or litigation regarding the interpretation of this agreement shall be in Corpus Christi, Nueces County, Texas. 8. Grantee agrees to return all unexpended funds to the Foundation if the Foundation determines that Grantee has not performed in accordance with the terns and conditions of this Agreement. This grant is made only for the purposes stated in this letter, and the funds may not b expended for any other purpose. Any of the funds not expended for the purposes set forth in this letter on or before November_4, 2014 will be returned to the Foundation at that time. The Foundation expressly reserves the right to enforce the terms of this agreement and the right to redirect this grant when the purposes for which this grant is made have failed. You agree to submit to the Foundation complete reports showing the way in which the funds of the grant have been spent, accompanied by a statement of the progress made in accomplishing the purpose of the grant no later than November 4, 2014. Failure to timely provide said reports will be Uounds for requesting the return of funds under para2raRh 8 above. A Progress Report Form can be downloaded from our website at www.ecsams.or�. Sincerely, Earl C. Sams Foundation, Inc. Bruce S. Hawn President BSH:sgo November 5, 2013 Page 3 ACCEPTED The undersigned official of Grantee has read this Agreement and agrees to the terms and conditions contained herein and represents that he or she has the authority to bind Grantee to the terms and conditions of this Agreement. CORPUS CHRISTI POLICE DEPARTMENT BOMB LQILAD rinted Na e - b t D ........ Title: OH7 !E�� 01(-- dL-4C�...i Date: APProved form: , Y Assistant City Attorney For City Attorney SC j2 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 Second Reading for the City Council Meeting of February 11, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a)cctexas.com 361-826-3460 Tejano Civil Rights Museum Lease of the Grande-Grossman House at Heritage Park CAPTION: Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with LULAC Council #1 Foundation, doing business as the Tejano Civil Rights Museum, for Grande Grossman House, located at 1517 North Chaparral Street, in the City, Lessee agrees to pay the City, on a monthly basis, zero dollars per month for the first twelve months, $200 per month beginning the thirteenth month until the end of the twenty-fourth month, $400 per month beginning the twenty-fifth month until the end of the thirty-sixth month, $600 per month beginning the thirty-seventh month until the end of the forty-eighth month and $800 per month beginning the forty-ninth month until the end of the five year period. PURPOSE: Lease the Grande-Grosmman House at Heritiage Park to the LULAC Council #1 Foundation for the purpose of creating the Tejano Civil Rights Museum. The Tejano Civil Rights Museum shall take on educational and cultural activities in order to preserve, share and celebrate the Tejano history and culture of South Texas. BACKGROUND AND FINDINGS: The LULAC Council #1 Foundation has reached an agreement (attachment) with Texas A&M — Kingsville College of Arts and Sciences to offer exhibits, documentary films, public lectures and workshops on Tejano history and culture. The Grande-Grossman House at Heritage Park will serve as the venue for this purpose and will be the Tejano Civil Rights Museum. The house will be lease to LULAC Council #1 Foundation at a price on a sliding scale in order to allow the Museum to become established and prosper. The five-year lease agreement provides for free rent the first year, $200 per month the second year, $400 per month the third year, $600 per month the fourth year and $800 the final year. Rent would remain at least$800 any subsequent agreements past this first five-year agreement. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 10 Fund(s): Comments: Lease payments begin in 13th month of lease, January 2015. RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Memorandum of Agreement TAMU-Kingsville and LULAC Council #1 Foundation Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with LULAC Council #1 Foundation, doing business as the Tejano Civil Rights Museum, for Grande Grossman House, located at 1517 North Chaparral Street, in the City, Lessee agrees to pay the City, on a monthly basis, zero dollars per month for the first twelve months, $200 per month beginning the thirteenth month until the end of the twenty-fourth month, $400 per month beginning the twenty-fifth month until the end of the thirty-sixth month, $600 per month beginning the thirty-seventh month until the end of the forty-eighth month and $800 per month beginning the forty-ninth month until the end of the five year period. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1. City Manager or designee is authorized to execute a 60 month lease agreement with LULAC Council #1 Foundation, doing business as the Tejano Civil Rights Museum, for Grande Grossman House, located at 1517 North Chaparral Street, in the City, Lessee agrees to pay the City, on a monthly basis, zero dollars per month for the first twelve months, $200 per month beginning the thirteenth month until the end of the twenty-fourth month, $400 per month beginning the twenty-fifth month until the end of the thirty-sixth month, $600 per month beginning the thirty-seventh month until the end of the forty-eighth month and $800 per month beginning the forty-ninth month until the end of the five year period. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary 1 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS FOUNDATION FOR HISPANIC CIVIL RIGHTS STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City" or "Lessor"), acting through its duly authorized City Manager, or his designee ("City Manager"), and Lulac Council #1 Foundation, doing business as the Tejano Civil Rights Museum ("Lessee"). WHEREAS, the City owns the Grande-Grossman House located in Heritage Park at 1517 North Chaparral Street, the west 30' by the north 20' of Lot 4, the west 30' of Lot 5, the east 50' by north 20' of Lot 9, Beach Addition, Block 61, a subdivision of the City of Corpus Christi, Nueces County, Texas, together with all Improvements thereon; ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for Its operations upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Lease means this lease document, including all attached and incorporated exhibits. (F) Lessee means Lulac Council#1 Foundation, doing business as the Tejano Civil Rights Museum (G) Parks means the City's Park and Recreation Department. (H) Premises means the west 30' by the north 20' of Lot 4, the west 30' of Lot 5, the east 50' by north 20' of Lot 9, Beach Addition, Block 61, a subdivision of the City of Corpus Christi, Nueces County, Texas, together with all Improvements, commonly known as the Grande Grossman House, located at 1517 North Chaparral Street, in the City. (1) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its office operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a five year term beginning , 2013, effective upon final City Council approval, unless sooner terminated as set out herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. 3 D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 6. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, zero per month for the first year, $200 per month the second year, $400 per month the third year, $600 per month the fourth year and $800 per month the fifth year. (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 7. Quiet Enjoyment. Lessee shall have peaceful and uninterrupted possession of the Premises, subject to Lessee's payment of rent and Lessee's compliance with the terms of this Lease, except during City approved events at Heritage Park scheduled in accordance with Section 13 (B ) below, and maintenance at Heritage Park. Section 8. Parking. (A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the general parking area of Heritage Park. if Lessee chooses to designate the parking spaces, the Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) Lessee's designated parking spaces are for use during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utilize the designated parking spaces. (C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be unreasonably utilized for purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or suppliers. Section 9. Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this 4 service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. (B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of, and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference between a four (4) cubic yard container and a six (6) cubic yard container. (D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (E) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing security alarm system in the Premises for the term of this Lease. Lessee is responsible to contract for security alarm system monitoring at the Premises. (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of Lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. 5 Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for repairs to the exterior of the Premises unless damage occasioned to the exterior is or was caused by Lessee's negligence It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. All of City's repair or maintenance obligations set forth in this agreement are subject to sufficient annual budget appropriations for such purpose. (B) The City will repair and maintain the heating and cooling systems at the Premises, subject to sufficient annual budget appropriations. (C) The City will repair and maintain the electrical wiring system at the Premises, subject to sufficient annual budget appropriations. (D) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and keeping in good repair the plumbing and light fixtures. (E) Lessee shall be responsible for cleaning the interior of the Premises and will supply paper goods and chemicals necessary for cleaning. (F) During Lessee's normal business hours, City may, upon reasonable notice, enter the Premises for any reasonable purpose, including but not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may access the Premises at any time for emergency repairs. (G) City maintenance to the Premises is subject to sufficient annual budget appropriations. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City. 6 Section 13. City Use and Special Events. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee acknowledges that Heritage Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for such non-Lessee use. (C) Lessee grants to Parks the right to continue to conduct free public tours through the Premises. Section 14. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 17. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. 7 (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents, displays and exhibits. Section 18. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers'compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's and Lessee's invitees use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or invitees or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, invitees, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any 8 other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Section 19. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. (B) Lessee agrees not to harm the Premises beyond normal wear and tear. (C) All approved alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 20. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10)days written notice to Lessee. 9 Section 21. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Lessee is allowed to permit use of the Premises by artists for fee to be established by Lessee; however, any users permitted by the Lessee are the responsibility of Lessee to indemnify and insure in compliance with Sections 18 and 19 of this Agreement. Section 22. Default. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty(30) days after the giving of such notice. Section 23. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 24. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi South Texas Foundation for Hispanic Civil Rights Park and Recreation Department Attn: P. O. Box 9277 10 Corpus Christi, Texas 78469-9277 Corpus Christi, Texas Attn: Director of Park and Recreation (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 25. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 26. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 27. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carver, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 28. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 29. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 30. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. 11 Section 32. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 33. Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty(30)days of receipt. Section 34. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 35. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof 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 Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof 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 Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2011. 1 ATTEST: CITY OF CORPUS CHRISTI Rebecca Hu,aeirta Roirnal4d L. ©Ilsoirn Clity Seciretairy Clity Mainageir LESSEE: SOUT TEXAS FOUNDATION FOR HISPANIC CIVIL RIGHTS By: Name: _ tc&u-AS 4,` 4oA-4G _ Title:�/ S�ps� Srr�f# fry W04p UAj - c � r� L Date: /2 -/7 1 2013 13 INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence- aggregate a licable policy endorsements Commercial General Liability including: $500,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury LIQUOR LIABILITY COVERAGE $1,000,000 COMBINED SINGLE LIMIT If liquor being served Lessee will be responsible for any and Property Coverage all damage to equipment used regardless if owned, rented, leased or borrowed, and also for any and all damage to displays and exhibits. WORKERS' COMPENSATION Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000/$500,000/$500,000 14 C. In the event of accidents of any kind arising at the Premises or arising from this Lease, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. H. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. C. 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). Lessee 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. Lessee 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 and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee 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 15 and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 agreement. F. In addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. MEMORANDUM OF AGREEMENT BETWEEN TEXAS A&M UNIVERSITY-KINGSVILLE AND LULAC COUNCIL #1 FOUNDATION (DBA TM TEJANO CIVIL RIGHTS MUSEUND This Agreement Is made and entered into on the date of the final signature hereto, by and between Texas A&M Universfty-Kingsville, a member of The Texas A&M University System and an agency of the State of Texas, located at 700 University Boulevard, Kingsville, Texas 78363 (hereinafter referred to as "T -K„) and LULAC Council #1 Foundation, Inc., a non-profit 501(c)(3) corporation with offices located at 4418 Shaw Street, Corpus Christi, TX 78416, doing business as the Tejano Civil Rights Museum. Whereas: TA U- and L Council#1 Foundation have a shared Interest In all matters related to preserving, sharing, and celebrating Tejano history and culture in South Texas. TAMU-K and the LULAC Council#1 Foundation desire to engage in educational and cultural activities related to preserving and highlighting Tejano history and culture to the mutual benefit of both and for the greater South Texas region. The parties agree as follows: 1. LULAC Council#1 Foundation will enter into an agreement with the City of Corpus Christi to lease the Grande-Grossman House In Heritage Park for the operation of the Tejano Civil Rights Museum. 2. LULAC Council#1 Foundation (DBA the Tejano Civil Rights Museum)will be responsible for paying for rent and utilities, maintaining appropriate insurance, and covering any other charges associated with the Grande-Grossman House. 3. The College of Arts and Sciences at TAMU-K will propose the creation of the Center for Tejano and Mexican-American Studies to The Texas A&M University System (T US) Board of Regents as early as Spring 2014. Should it be approved, this Center will help 1) to coordinate educational and cultural activities at the Tejano Civil Rights Museum and 2) to position TA -K to apply for applicable state and federal (including NEH and NEA) grants that would support the mission and operations of the Tejano Civil Rights Museum. When appropriate, these grant applications will be submitted jointly with L Council #1 Foundation (DBA the Tejano Civil Rights Museum). 4. Coordinated through the College of Arts and Sciences, TAMU-K will sponsor programming in support of the Tejano Civil Rights Museum that may include, but not be limited to the following: Page 1of3 MOU between TAMU-K and LULAC Council#1 Foundatio a. Offering two major art exhibits each year(one each during the fail and spring semesters)through the Department of Art, Communication, and Theatre(A.C.T.)at TAMU-K. b. Screening documentary films related to Tejano and Mexican-American history and culture. c, Offering public lectures tied to a variety of College of Arts and Sciences disciplines. d. Providing traveling museum programs and exhibitions that would be jointly booked at the Ben Bailey Art Gallery or Conner Museum at TAMU-K. Exhibits booked jointly with the Ben Bailey Art Gallery or the Conner Museum will be covered by TAMU-K insurance in accordance with TAMUS policies and procedures. e. Offering summer enrichment activities that will Include an art exhibit and several workshops for adults and children coordinated by A.C.T. A minimal fee would be associated with the workshops, but scholarships would be made available. After covering costs, any fees collected for these enrichment activities/workshops would be split 50-50 between the College of Arts and Sciences and the Tejano Civil Rights Museum and would be used for scholarships, operational matters or to contract speakers or exhibitions. Once approved, the Center for Tejano and Mexican-American Studies would receive the College of Arts and Sciences' portion of any proceeds. 5. LULAC Council #1 Foundation (DBA the Tejano Civil Rights Museum)will provide volunteer labor for staffing the Tejano Civil Rights Museum during normal hours of operation and for special events. 6. LULAC Council #1 Foundation will provide additional security as necessary for special events hosted at the Grande-Grossman House. 7. LULAC Council#1 Foundation will apply for grants (including Community Block Development Grant funds)as opportunities arise. When applicable, these grants will be submitted jointly with TAMU-K. 8. TAMU-K will provide in-kind startup funds of$10,000 to assist in staffing the Tejano Civil Rights Museum during its first year of operation. 9. TAMU-K will provide in-kind support of Tejano Civil Rights Museum activities with a variety of educational and creative activities offered by faculty and staff. 10. The following Individuals will be responsible for the development and implementation of this Agreement. For: TAMU-K For: LULAC Council #1 Foundation Dr. Abbey Zink(or successor) Dr. Nicholas Adame (or successor) Dean, College of Arts and Sciences Chairman 11.This Agreement will be in effect five years from the date of signing. Either party may terminate this Agreement by giving 30 days written notice to the other party provided that such termination will not affect the completion of any activity underway at the Page 2 of 3 MOU between TAMU-K and LULAC Council#1 Foundatio time or any previously advertised activity in which monetary commitments have been made. 12. Ali modifications to this Agreement must be In writing and signed by authorized individuals of the parties. 13.The individuals executing this Agreement on behalf of each party represent and warrant that they are each the duly authorized representatives of such party on whose behalf the Individuals are signing, each with full power and authority to bind said party to each term and condition set forth in this Agreement 14. Each party shall bear Its own costs and expenses incurred under this Agreement without expectation of reimbursement from the Other party. 15. This Agreement does not create a partnership or Joint venture between the parties and neither party may obligate or bind the other in any manner. Dated: Teas A&M University-Kingsville By: Dr. Steven H. Tallant Title: President Dat ULAC Council#1 Foundation By: Dr. Nicholas Ademe Title: Chairman Page 3 of 3 MOU between TAMU-K and LULAC Council#1 Foundatio SC j2 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 Second Reading for the City Council Meeting of February 11, 2014 DATE: January 14, 2014 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Appropriate $480,000 from the Airport Fund Balance for the purchase and installation of parking and revenue equipment at Corpus Christi International Airport as per agreement with Republic Parking System. CAPTION: Ordinance appropriating $480,000 from the Unreserved Fund Balance in the No. 4610 Airport Fund for the purchase of parking and revenue control systems for Corpus Christi International Airport; amending the FY 2013-2014 Operating Budget adopted by Ordinance 029916 by increasing expenditures by $480,000. PURPOSE: Purchase of the equipment will replace an obsolete, unreliable parking revenue system that was installed in 1999. The new equipment will enhance customer service, provide technology to monitor airport ground transportation and reduce maintenance and repair costs. BACKGROUND AND FINDINGS: On March 19, 2013, the City Council approved a management service agreement with Republic Parking System (RPS). RPS assumed responsibility for parking operations at the Corpus Christi International Airport on June 03, 2013. Prior to the agreement, the Airport Parking Program was operated by City staff. The industry trend has shifted to outside management agreements that allow for flexibility and financial investment by the contractor. In exchange for the contract and capital investment of $400,000, RPS is paid a monthly management fee of $9,583.00 plus reimbursable expenses. Under this program, all of the Direct Costs as authorized by the City are reimbursable at cost and all revenues received from the parking activities are deposited with the City. The City approves all expenses budgeted on an annual basis. RPS solicited bids and received four bids. The successful bid was received from Hub Parking Technology with a base bid of$336,842.47. In accordance with the agreement, RPS has deposited $400,000 in the Airport's bank account for the purchase of the parking and revenue control system. An additional $80,000 from Airport funds will be appropriated for additional system equipment options that provide parking control for employee and rental car lots, East Fixed Based Operator parking area and ground transportation activity. In addition, some minor infrastructure work must be done as part of the equipment installation. All parking policies, rates and hours of operation are at the sole discretion of the City. Following is summary of the system component parts: Equipment Cost Primary Parking Lot Equipment $336,842.47 East FBO Parking Area 39,894.60 Employee & Rental Car Lots 16,189.00 Commercial Lane 30,835.94 Ground Transportation 37,052.17 Infrastructure Improvements $ 19,185.82 Total $480,000.00 ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This project complies with City Privatization Initiatives EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 Encumbered / Expended Amount This item 1 1 $480,000 1 0 1 $4807000 BALANCE 1 1 $4807000 0 1 $4807 000 Fund(s): Airport Fund 4610 Comments: None RECOMMENDATION: Staff requests approval of Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $480,000 from the Unreserved Fund Balance in the No. 4610 Airport Fund for the purchase of parking and revenue control systems for Corpus Christi International Airport; amending the FY 2013-2014 Operating Budget adopted by Ordinance 029916 by increasing expenditures by $480,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $480,000 is appropriated from the Unreserved Fund Balance in the No. 4610 Airport Fund for the purchase parking and revenue control systems for Corpus Christi International Airport; SECTION 2. That the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 is amended to increase expenditures by $4807000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20137 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 the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor A38 C AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 28, 2014 1852 Second Reading Ordinance for the City Council Meeting of February 11, 2014 DATE: January 6, 2014 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Public Information Director Kimw@cctexas.com 361-826-3211 Amending City code for public access rules and procedures as recommended by the Cable Communication Commission. CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for penalties; providing for severance; and providing for publication. PURPOSE: To amend the public access rules and procedures as recommended by the Cable Communications Commission. Updates include: 1) Eliminating references to video tapes which had previously been grandfathered; 2) Increasing the timeframe to hold semi-annual public access scheduling lotteries from 7 days to 14 days; 3) Include a requirement for posting public access user group meetings with the City Secretary and posting notices at City Hall. BACKGROUND AND FINDINGS: Recommendations for updates to the public access cablecasting rules and procedures are done periodically by the Cable Communications Commission to the City Council. In 2009, a major revision of public access channel rules and procedures occurred in which Ordinances in Section 55-447 were updated. A minor update in 2011 occurred when definition of producer was updated to be consistent with other defined terms. ALTERNATIVES: Not to amend the rules and procedures for public assess programming which could result in enforcement issues for public access programming. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: No other city policy implications. EMERGENCY/ NON-EMERGENCY: Item requires two readings and is a routine, non-controversial item. DEPARTMENTAL CLEARANCES: Cable Communications Commission approved the proposed amendments to the code of Ordinances, Section 55-447 at the October 2013 meeting. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 Encumbered / Expended Amount 0 0 0 This item 0 0 0 BALANCE 01 01 0 Fund(s): None Comments: Ordinance amendment results in no financial impact. RECOMMENDATION: Approve amendment to Ordinances, Section 55-447 to ensure adequate enforcement of the public access cablecasting rules and procedures. LIST OF SUPPORTING DOCUMENTS: Ordinance Cable Communications Minutes October 2013 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 55, Article XVIII Cable Communication Services, Division 1, regarding rules and procedures for public access cablecasting are revised to read as follows: "Sec. 55-443. Rules and procedures for public access cablecasting. Channel space on public access channels is available to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs on accepted media, as defined in section 55-447, will be cablecast by all state-franchised cable operators as provided by state law. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission, with the consent of the city director of public communications department. These rules may be amended by city council following recommendation from the Cable Communications Commission. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-444. Rules for participation. Producers must complete and sign an application for public access cablecasting. By signing the application, the producer states and agrees that the following rules will be observed: (a)AII programs must be produced by a producer as defined in section 55-447. (b)No program shall be of a commercial nature as defined in section 55-447. (c)No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non-profit status in the State of Texas. Maximum time to request contributions in a program is five (5) minutes. (d)No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has not been obtained prior to being submitted for broadcast. (e)No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. 2 (f)No program shall be transmitted which contains obscene or indecent material. (g)AII programs must include proper program identification as defined in section 55-447. (h)AII programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least twenty-five (25) per cent locally produced original content. (i)Producer must maintain current home and mailing address with PAUG and notify PAUG of change within ten (10) working days of move. Except as otherwise permitted by applicable law, neither the PAUG nor the cable operators will restrict the content of any program. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-445. Technical standards and production requirements. (a)Conformance. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not be out of compliance with any applicable FCC Technical Standards. (b)Quality. Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. (c)Format. (1)Producers must transfer all programming to accepted media as defined by subsection 55-447(a). (2) 411 tomes mi ic+ ho FP_NA- 1Rd to beginning of tome kg}As technology changes and formats become more common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission. (d)Labeling. All producers must clearly label their media as follows: (1)On face of the accepted media: a.Title of the program as it appears on the application. b.Production date. (2)On case or sleeve of accepted media: a.Name of individual producer as it appears on the application. 3 b.Producer's telephone number and/or e-mail address. c.Length of program. d.Title of the program as it appears on the producer's application. (2)QR the spine ref the tape (GRIP fGF nra Rdfathered pFegFam s\• a Title of the prnnram as it appears nn the prod iner's application (e)ldentification. (1)Programs must include the program identification as defined in section 55-447. (f)Length. (1)AII one-hour programs must be sixty (60) minutes in length, including the program identification. (2)AII half-hour programs must be thirty (30) minutes in length, including the program identification. (3)Occasional programming beyond sixty (60) minutes (such as high school sporting events) may be included pursuant to rules established by the Cable Communications Commission. (4)Only one (1) program may be recorded on each media submitted. (g)Deadline. Programs on accepted media must be delivered to and picked up from the city public communications department before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments. (h)Weekly log required. A weekly log of the schedule list that indicates delivery of media by the producers will be provided to the city public communications department each week when the media is delivered to the city public communications department. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-446. How programs are scheduled and cablecast. (a)The city public communications department shall arrange for playback of public access programming according to the schedule provided by the PAUL. During initial transition from cable operator to city and any subsequent equipment upgrades, with notice to the PAUG presidents, the public communications department may exercise option to replay previous week of programming instead of new programming for that week. 4 (b)The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to city public communications department and to the Cable Communications Commission whenever changes are made. (c)Public access for series producers. The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. Schedules may be modified as necessary. (d)Time slots. Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi-annual time slot lottery. (e)Each producer may have only one (1) series. (f)Only programs created by producers, as defined in section 55-447, are eligible to participate in the semi-annual lotteries and to be transmitted as a public access program. (g)Application. No later than the time of the bi-annual time slot lottery each producer must submit a completed public access cablecasting application form approved by the Cable Communications Commission to their respective PAUG Board of Directors. If either home or mailing address should change for any reason, producer shall update within ten (10) working days of change in address, with the correct home and mailing address. Failure to comply can be grounds for removal from the public access channels by the Cable Communications Commission for the remainder of the lottery period or sixty (60) days, whichever is longer. (h)The PAUG Board of Directors will provide copies of applications to the city public communications department no later than two (2) weeks after the time slot lottery is conducted. (i)Access Channel (10 or 18) (Note: An individual producer must select one (1) channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) (j)Lotteries and schedules. There are two (2) lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. (k)Producers will attend the time slot lottery as noted in (1) and (2) below. Two (2) cable communications commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. Lotteries will be conducted as follows: (1)The spring lottery is conducted in the last SeVeR (7) fourteen (14) days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. 5 (2)The fall lottery is conducted in the last seve-(7) fourteen (14) days of October with the new time slots actually beginning on the first Sunday in December. The PAUG Board of Directors shall determine the day and time of the lottery. (3)The public access time schedule will be broken into thirty-minute intervals. (4)Each producer will randomly draw a lottery number. (5)The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. (6)(A)After all producers have selected time slots for their first run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one (1) repeat cablecast in same or reverse order as the initial time slots were selected. If there are any available time slots after the repeat schedule is established, then the PAUG Board of Directors shall select programming from a rotation list that is based on the primary lottery results, starting with the lowest number, for a third time slot, but only to the extent time slots are available. However, programming submitted after the lottery shall have precedence over third time slots. (B)A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back to back). A program may be cablecast as an original and repeated once in subsequent lottery periods. (7)Producers of monthly programs will have one (1) original cablecast to be repeated each week in the same allotted time slot for the remainder of the month. (8)One (1) lottery will be executed for Channel 10 by the Channel 10 PAUG and one (1) lottery executed for Channel 18 by the Channel 18 PAUL. (I)Public access for occasional producers. Single time slots of lengths as noted above in section 55-445, length, will be available for occasional producers on a first-come, first- served basis. Occasional producers must complete a public access cablecasting application prior to the desired cablecasting date and comply with all rules set forth herein. (m)First-come, first-served is determined upon receipt of completed application by member of PAUG Board of Directors. (n)No programs will be scheduled during holidays, unless automated programming allows as determined by city director of public communications department or designee. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-447. Defined terms. 6 Accepted media. A recorded program on accepted media produced by a public access producer and submitted for cablecasting on public access channels. The term "accepted media" refers to: (1) Audio video CD MPEG-2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). (2) DVD + R MPEG-2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). PredUG ZTZnne-exempt frnm +hic nrGVISInn and may nnn+in'io tG- Submit nrnnromc iR same if�nrm they we Fe inn ref Ii ily 'I 2QQ8. ARY aRfathl°-rr°rl ��r 4�nrVe-AGe—s#e- 11 IZ7 -1 submit nrnnramminn fnr Minima—IM of niRetY (9(1) slncoc nrandfoth cis Cable Communications Commission. The Cable Communications Commission consists of five (5) residents of the city appointed by the city council. The Cable Communications Commission administers the process for complaints regarding the Rules and Procedures for Public Access Cablecasting. The Cable Communications Commission mediates any disputes brought to it by the PAUL. Commercial programming. (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any commercial business, service or product is prohibited; or (2) Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The Cable Communications Commission has approved a memo that establishes guidelines concerning the advertisement of commercial products or services in a public access program. Complaints. Communication to the Cable Communications Commission regarding violation of Rules and Procedures for Public Access Cablecasting. Holidays. Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming. Programming created in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Producer. Any resident of Corpus Christi, eighteen (18) years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the PAUG and must execute an approved application form. A producer, by way of definition, is an individual who meets the above stated requirements and participates in or is responsible for the creation of a local, noncommercial program for the public access channels. If the local, noncommercial program is created by a local organization, such as a church, one (1) person who meets the above requirements must be designated as the producer and will represent the organization with the PAUL. For identification purposes, this person's name will appear on program identification, in video, and printed on labels. Program identification. The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the video at the beginning of each program, or within the first thirty (30) seconds. A tag at the end of the program is optional. Public access channel (sometimes herein "channel'). This is the cable television channel or channels on which public access programs are cablecast. Public access time allocated schedule. The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi-annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Public Access User Group (PAUG). As set forth in the City Code of Ordinances, section 2-183, membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups. Notwithstanding any other provision, representatives of the cable operator may be members of the PAUL. PAUGs are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. Each public access channel must establish a PAUL. All PAUGs, by application to the Cable Communications Commission and the city secretary, must be certified by the Cable Communications Commission. Producers organize themselves according to by- laws, electing among themselves officers and a board of directors. Each producer present is entitled to vote on all matters pertaining to establishment of PAUG by-laws and election of officers. All membership meetings of the Public Access User Group shall be publicly posted on the public notices bulletin board of City Hall and filed with the City Secretary. Repeat program. A program which was previously aired on any public access channel during the same lottery period. Series. A locally produced public access show from a single producer. A series can be either weekly or monthly. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-448. Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council following recommendation from the Cable Communications Commission. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-449. Violation of rules. 8 (a) [Generally.] Producers must follow all Rules and Procedures for Public Access Cablecasting. (1)lf a producer and series has been removed for violations that producer and series may not air as an occasional user during the removal period. (2) A producer may appeal decisions of the Cable Communications Commission to the city council by submitting a sworn written notice of appeal to the city secretary within thirty (30) days of the rendition of the commission decision. (b) Violations of section 55-444. (1) No program will be permitted to air over the public access channels if a producer or program has violated one (1) or more of the rules identified in section 55-444. (2) It shall be the responsibility of the PAUG Board of Directors to periodically monitor the programs that are aired on public access television and to report any and all section 55-444 violations that are observed, to the Cable Communications Commission, using the appropriate form and procedures set forth herein. (3) Complaints about violations of section 55-444 rules must be submitted to the Cable Communications Commission. Complaints must be submitted to the commission in writing to the city secretary's office or through an online form at www.cctexas.com/ccc/complaint. (4) Producers will receive written notice of the complaint, dates of the next two (2) commission meetings, and a statement that failure to attend, send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (5) Producers will be informed in writing that three (3) section 55-444 violations within a six-month period will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (6) If a section 55-444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the Cable Communications Commission by the PAUG Board of Directors for review and discussion with the producer at one (1) of the next two (2) scheduled commission meetings. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. (c) Forfeit of use of public access channels. (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. 9 (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut-off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut-off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. (2) PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedule will be submitted to the Cable Communications Commission within the first seven (7) days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the commission's decision. The producer, or a designated representative, must appear at the next commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required. (3) If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the city director of public communications department. (4) If a weekly series producer fails to supply media by the established time for four (4) consecutive weeks, that producer and series will forfeit his/her time slots and the use of the public access channels for sixty (60) days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two (2) consecutive months, that producer and series will forfeit his/her time slots and the use of the public access channels for six (6) months. (d) Violations of section 55-446. Complaints for violations of section 55-446 may be submitted to the Cable Communications Commission. The commission will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party at the next scheduled commission meeting." (Ord. No. 029704, 12-18-2012) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the 10 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall be subject to procedures outlined in Section 55-449 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect on date of publication. 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor MINUTES CABLE COMMUNICATIONS COMMISSION October 21,2013 PRESENT Walter DeVille, Mary Ann Kelly and Lyle Smitson ABSENT None CITY STAFF Lisa Aguilar, City Attorney and Kim Womack, Director of Public Communications Mr. Smitson called the meeting to order at 6:01 p.m. and verified the necessary quorum. DISCUSSION AND POSSIBLE ACTION REGARDING ATTENDANCE POLICY Ms. Womack explained the policy of only having 25 percent unexcused absences. Discussion occurred and the board decided to evaluate on a case by case basis. CONSIDERATION FOR EXCUSED ABSENCES Mr. DeVille was absent for the September meeting due to a conflicting meeting and noted he called the office. Ms. Kelly motioned to excuse Mr. DeVille's absence with Mr. Smitson seconding; all Commissioners present were in favor. REVIEW AND POSSIBLE ACTION REGARDING MINUTES Ms. Kelly motioned to accept the August meeting minutes with Mr. DeVille seconding; all Commissioners present were in favor. REVIEW AND POSSIBLE ACTION REGARDING COMMISSION APPOINTMENTS City Secretary has two Commission applicants. Ms. Womack is working on outreach to get additional interest. Ms. Womack discussed putting slides on PAUG channels with requests for applicants for commission. She also asked Commissioners and PAUGs to spread the word. REVIEW AND POSSIBLE ACTION REGARDING APPEALS AND VIOLATIONS Anna Sanchez of Glory Full Gospel was represented by Mrs. Darla Suver and said the issue is corrected. Mr. DeVille motioned to grant appeal with Mr. Smitson seconding; all Commissioners present were in favor. Joel, Odilia and John Garza of The Bridge Church 41, 42 and 43 were not present. Ms. Kelly motioned for all the programs remain off the air with Mr. DeVille seconding; all Commissioners present were in favor. REVIEW AND POSSIBLE ACTION REGARDING RULES AND PROCEDURE UPDATES Ms. Womack presented a draft of the suggested changes to Rules and Procedures, noting the optional page 7. Mr. DeVille motioned to amend to include optional page 7 with Ms. Kelly seconding; all Commissioners were in favor. Ms. Kelly motioned that Rules and Procedures as presented are ready to move forward to City Council with Mr. DeVille seconding; all Commissioners present were in favor. DISCUSSION AND POSSIBLE ACTION REGARDING FINANCIALS Ms.Womack updated the Commission on PEG financials.No action was taken. REVIEW AND POSSIBLE ACTION REGARDING HOLIDAY SCHEDULE Ms.Womack shared the memo regarding media turn in days.No action was taken. REVIEW AND POSSIBLE ACTION REGARDING PAUG EXCEPTION REPORT Ms. Womack explained the exception report process and how the department was tracking programs with issues..No action was taken. REVIEW AND POSSIBLE ACTION REGARDING TV GUIDE Ms. Womack has talked Tribune Media and received information about reduced cost of$100 per month that includes both cable operators. Mr. DeVille motioned to have the City proceeding with TV guide for government channel with Ms. Kelly seconding; with all Commissioners present were in favor. PAUG channel additions to TV guide would be left to PAUGs. REVIEW AND POSSIBLE ACTION REGARDING STUDIO UPDATE Ms. Womack gave update on studio space. She also discussed the assessment Public Communications department is undergoing. Mr. DeVille requested a tour of equipment areas for November. REVIEW AND POSSIBLE ACTION REGARDING PAUG LOTTERIES Mr. DeVille and Ms. Kelly will attend both lotteries. Mr. Smitson noted he would be out of town. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS Mr. DeVille motioned to accept the PAUG 10 media delivery log of August with Ms. Kelly seconding; all Commissioners present were in favor. Mr. DeVille motioned to accept the PAUG 10 media delivery log of September with Ms. Kelly seconding; all Commissioners present were in favor. Ms. Kelly motioned to accept PAUG 18 media delivery log of August with Mr. DeVille seconding; all Commissioners present were in favor. Ms. Kelly motioned to accept PAUG 18 media delivery log of September with Mr. DeVille seconding; all Commissioners present were in favor.No discussion occurred regarding logs. PAUG UPDATES Mr. Gordy said everything at Channel 10 is going smoothly. Mr. Gordy said thinks running the DVD program schedule is a good substitute for TV guide. Mr. Suver from the Channel 18 PAUG discussed picking programs in upcoming lotteries and said everything is going smoothly. PUBLIC COMMENT None AGENDA ITEMS FOR NEXT MEETING Commission Appointments Studio Update PAUG Lotteries Expanding Programming Tour ADJOURNMENT OF MEETING Mr. DeVille motioned for the meeting adjourned at 7:17 p.m. SC � � 0 A AGENDA MEMORANDUM wIORPOKa 1 o First Reading for the City Council Meeting of January 28, 2014 1852 Second Reading for the City Council Meeting of February 11, 2014 DATE: December 20, 2013 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim ACM for Public Works and Utilities markvv @cctexas.com (361) 826-3189 FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Michael Armstrong, Director of Information Systems, MIS michaelar@cctexas.com (361) 826-3740 Information Technology Contract Project Management Software CAPTION: Ordinance appropriating $213,000 from the Unreserved Fund Balance in No. 5310 Engineering Services Fund; changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $213,000; and authorizing the City Manager or designee to execute Amendment No. 1 to an Information Technology Contract with LMR Consulting dba EPM Live from Carlsbad, CA in the amount of $60,125, for a re-stated fee of $109,125.20 for the implementation of Project Management Software. PURPOSE: The purpose of this Agenda Item is to execute an amendment for Professional Information Technologies Services with LMR Consulting dba EPM Live for purchase, installation and configuration of Project Management Software for the Capital Construction Projects (CCP) department. BACKGROUND AND FINDINGS: With the implementation of the City's new Enterprise Resource Planning (ERP) computer management system that is currently in process, the CCP Department needed to review and evaluate the project management software currently being utilized within the department. The ultimate goal was to have a centralized database program where all project information would be stored and managed. This would include project budgets, expenditures, schedules, contracts, and all other documentation related to a project so that it could be easily accessed, managed and maintained by departmental personnel while eliminating the need for the time consuming double data entry that is required with the current systems. City staff from CCP and MIS evaluated several project management software solutions including Proliance, E-Builder, Brightworks, and EPM Live. After considering all options, staff decided to move forward with the EPM Live system based on its ability to provide workflow, scheduling, resource allocation, a process asset library, and document management at the project and program level while allowing complete project lifecycle tracking and reporting capabilities. EPM Live is a SharePoint-based product and can be customized (initially by EPM and then internally to CPP) to meet specific project management requirements. It has the ability to integrate with other software, including ERP, to provide the necessary reports to adequately manage the City's yearly Capital Improvement Program projects. The software will be a hosted solution but could be moved to the City's network should we decide to do that at a future point in time. ALTERNATIVES: 1. Approve the Ordinance to purchase and implement EPM Live software. 2. Do not approve the Ordinance to purchase and implement EPM Live software. (Not Recommended) OTHER CONSIDERATIONS: Implementation of EPM Project Management Software must be complete by Spring 2014 to meet integration requirements of the City's ERP project schedule. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: MIS Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2013-2014 Expenditures (CIP only) Line Item Budget $213,000.00 $213,000.00 Encumbered/Expended Amount $49,000.20 $49,000.20 This item $60,125.00 $60,125.00 Future Anticipated Expenditures $103,874.80 $103,874.80 BALANCE $0.00 $0.00 Fund(s): Engineering Operating Fund RECOMMENDATION: City Staff recommends the approval of the amendment with LMR Consulting dba EPM Live so the project may be installed, customized and completed in a timely manner and on-schedule with the City's ERP implementation. LIST OF SUPPORTING DOCUMENTS: Project Budget Amendment No. 1 Ordinance Presentation Page 1 of 2 Ordinance appropriating $213,000 from the Unreserved Fund Balance in No. 5310 Engineering Services Fund; changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $213,000; and authorizing the City Manager or designee to execute Amendment No. 1 to an Information Technology Contract with LMR Consulting dba EPM Live from Carlsbad, CA in the amount of $60,125, for a re-stated fee of $109,125.20 for the implementation of Project Management Software. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of$213,000 from the Unreserved Fund Balance is appropriated in No. 5310 Engineering Services Fund. SECTION 2. The FY 2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase expenditures in the amount of$213,000. SECTION 3. The City Manager or designee is authorized to execute an Information Technology contract for the implementation of Project Management Software for the amount of $60,125, for a restated fee of $109,125.20 with LMR Consulting dba EPM Live from Carlsbad, CA. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-Project Management Software 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 , 20147 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 , 20147 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 day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-Project Management Software PROJECT BUDGET Project Management Software PROJECT FUNDS AVAILABLE: Engineering Reserve Appropriation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 213,000.00 TOTAL........................................................................................ $ 213,000.00 FUNDS REQUIRED: Liscenses and Information Hosting Committment ... ... ... ... ... ... ... ... ... ... .. 76,350.60 Year One Support Services... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 2,400.00 Years Two and Three Support Services... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12,000.00 Business Strategy Workshop... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 21,150.00 Implementation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 60,125.00 Staff Support for Implementation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25,000.00 Miscellaneous Costs... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 15,974.40 TOTAL........................................................................................ $ 213,000.00 ESTIMATED PROJECT BUDGET BALANCE..................................... $0.00 AMENDMENT NO.I TO IT AGREEMENT For PROFESSIONAL SERVICES This AGREEMENT is between the City of Corpus Christi, Texa% a Texas he rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and LMR Consulting dba EPM Live of Carlsbad,CA, ("CONSULTANT"),which agree as follows- 1. DECLARATIONS. 'CITY" desires to engage 'CONSULTANT" to provide services in connection with City's project,described as follows: Project Management Software JE111 2 &J'Projee, 2. SCOPE OF WORK. 'CONSULTANT"shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as"Exhibit X. Invoices to be submitted in accordance with Exhibit'C". 1 FEE. The "CITY" agrees to pay the "CONSULTANr for services provided in accordance with Exhibit"A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed (in figures), Six Thousand One Hundred I TwenV �I fLye Q IlIrs Am nd Zero Cents (in words) for a total revised fee not to exceed $109 125.20 (in figures), Qgj Five Dojigre and_Twont Cents)(in words) y 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the 'CrTr, and it's agents, servan and employees as more fully set forth in "Exhibit A,Terms and Conditions,5.05®Indemnification'. CITY OF CORPUS CHRISTI LMR CONSULTING dba EPM LIVE Mark Van Meck, P.E. (Date) Joe LirscFed-................ (Date) Interim Assistant City Manager for General Manager-EPM Live Public Works and Utilities 2382 Faraday, Suite 200 Carlsbad,CA 92008 (866) 391-3700 Office (858)430-4894 Fax jlarscheid@uplandsoftware.com RECOMMENDED: Daniel B�fles, P. Director of Engineering Services Michael—Arm-strong (Date) Director of Municipal Information Services APPROVED Project Number E13126 Fund Name: Engineering Services Funding Source: 11150-5310-530000 Offi—ice of Mgmt and Budget (Date) Encumbrance Number. LWAGREMEhTT EMI LNE AAALNUMID-1160 8 DOC.X. APPROVED AS TO FORM Legal Department (Date) ATTEST Rebecca Huerta, City Secretary (Date) K:\ENGINEERING\LEGISTAR\15-JANUARY 14\EPM-LIVE\AGREEMENT -EPM LIVE AMENDMENT NO.1.DOCX 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CONFIDENTIAL Portfolio and Project Management Application Imprlementation Submitted Statement of Work EPM Live December 11J. %k,qft� EPM Live CITY OF CORPUS CHRISTI EPM LIVE PAGE 1 OF 15 o iiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiii o Exhibit"A" CONFIDENTIAL STATEMENT OF CONFIDENTIALITY This document contains proprietary and confidential information. All data submitted is provided in reliance upon the recipient's agreement not to use or disclose except in connection with its business dealings with EPM Live, or as required by law. The recipient of this document agrees to inform its present and future employees who receive or have access to the information contained in this document of its confidential nature, and to instruct each employee that he or she must not disclose any information concerning this document to others except to the extent that such matters are generally known to, and are available for use by, the public. The recipient of this document agrees that it will not duplicate or permit others to duplicate any material contained herein except for its own internal use. CITY OF CORPUS CHRISTI EPM LIVE PAGE 2 OF 15 Exhibit"A" CONFIDENTIAL Table of Contents 1. SERVICES....................................................................................................................................................4 1.1. IMPLEMENTATION...............................................................................................................................................................4 1.2. TRAINING...........................................................................................................................................................................5 1.3. INTEGRATION.....................................................................................................................................................................6 1.4. ENGAGEMENT/PROJECTMANAGEMENT................................................................................................................................6 2. DELIVERABLES............................................................................................................................................6 3. CHECKPOINTS.............................................................................................................................................7 4. CHANGE CONTROL.....................................................................................................................................7 5. PRICING/PAYMENT....................................................................................................................................8 6. RESOURCES ASSIGNED...............................................................................................................................8 7. ASSUMPTIONS...........................................................................................................................................9 8. AUTHORIZATION......................................................................................................................................10 1. TERMS AND CONDITIONS........................................................................................................................11 CITY OF CORPUS CHRISTI EPM LIVE PAGE 3 OF 15 Exhibit"A" CONFIDENTIAL 1. Services EPM Live LLC (EPM Live), an Upland Software Company, is pleased to provide a proposal to assist and guide the City of Corpus Christi Engineering Department ("CCTexas") through a deployment of the EPM Live portfolio and project management solution that will allow the organization to improve portfolio, project management, resource management and team collaboration. The phases outlined in the technical approach are broken into discrete stages mapped to tangible deliverables. EPM Live will provide a qualified and skillful Project Manager, as a single point of contact. Additionally, EPM Live will provide a Technical Lead who will work with the Project Manager to design, configure and deploy the EPM Live based software solution. Other technical and training resources will be included in the project as required. The Project Manager and other technical resources will work with the CCTexas project team to define the global processes of CCTexas to be integrated into the software solution, design the configuration of the software solution and build the production EPM Live software system. This process will be initiated through a Business Strategy Workshop. This workshop will result in a clearly defined system implementation roadmap for the EPM Live implementation. Following the Business Strategy Workshop phase,the Implementation, Integration,Training and Support phases will follow. In each of these phases, there will be checkpoints (completion criteria) that determine the successful completion of deliverables in order to progress from one phase to the next. Exit criterion will be identified and agreed upon at the commencement of each phase in this project. Services are expected to be performed either onsite at the CCTexas facilities at the City of Corpus Christi, Texas or at the EPM Live offices, located at 2382 Faraday Avenue, Ste. 200, Carlsbad, CA. This iteration of the EPM Live solution implementation will focus on an out of the box configuration leveraging best practices already included in the tool. This approach combines pre-configured proven concepts for Enterprise Portfolio and Project Management with customer business specific needs. This approach also supports an advanced deployment that will allow CCTexas to meet their project management needs within a reasonable timeframe. 1.1. Implementation During the Implementation developing phase EPM Live accomplishes the configuration and\or building of the EPM Live solution. The EPM Live Technical Team will initiate the implementation activities in a prototype site that will then be transferred to the production. CCTexas will be required to procure via separate contract a dedicated hosted production site of EPM Live. Production dedicated hosted EPM Live software is not part of this statement of work. 1.1.1. Build,Test,Adjust,Deploy The EPM Live project team will configure the EPM Live solution based on the BTO specification document completed as part of previous implementation phases. EPM Live Technicians will configure the following system areas as required to complete the CCTexas EPM Live solution: Configuration Scope: IV jV Portfolio Center — Portfolio Custom Fields CITY OF CORPUS CHRISTI EPM LIVE PAGE 4 OF 15 Exhibit"A" CONFIDENTIAL Project Center — Project Custom Fields Risks — Custom Fields for Associated Risks Issues — Custom Fields for Associated Issues Task Center — Custom Fields for Tasks Documents — Document properties for Associated Items Project Schedule — Project Schedule templates in the Templates Project Schedules Library Security — Out of the Box Permission Groups to account for Team Members,Project Managers,Administrators and Visitors Resource Roles — Roles with Rates Cost Categories and — Cost Planning Template(s) Types Departments — Organizational Departments ........Resource Cente.r.................................................................................._...........Resource Attributes.................................................................................................................................................................... ..a. ......... What-If Modeler and Scenarios for usage of the tool Optimizer Calendar — Cal endar definition����������������������������������������������������������������������������������������������������������������������������������������������������������������������� 1.1.2. Workflow The EPM Live solution includes a number of pre-configured SharePoint Designer Workflows for basic actions and notifications between team members in the overall PPM process. In order to facilitate basic PPM and work management automation, the EPM Live team will enable the out of the box workflows in order to deliver a Project Creation workflow for CCTexas. • Configuration will be limited to the out of the box workflows with limited modifications to the existing actions and notifications available; • Any change in scope with regards to workflow would be part of the standard Change Control process for this project. 1.2. Training Training is considered a major deliverable that at its completion marks the deployment milestone. The following describes the training strategy to be followed as part of the project: 1.2.1. EPM Live University Learning Management System EPM Live's online learning management system courses are designed to help you and your team, from anywhere in the world, easily gain the knowledge needed to effectively use the EPM Live on demand. The eLearning courses are 90-minute informational webinars designed to help you quickly learn specific areas of EPM Live through product demonstration and Q&A. Since our eLearning courses are offered every week, you have the flexibility to learn at your own pace and schedule. CITY OF CORPUS CHRISTI EPM LIVE PAGE 5 OF 15 Exhibit"A" CONFIDENTIAL The online eLearning for PortfolioEngine courses are focused on a standard-use application of the tool for Project Managers, Resource Managers, Team Members, and Executives. EPM Live University vouchers will be provided to all of the participants in the project. As part of the training deliverables, CCTexas will receive adjusted training materials (no screenshot updates) that identify the configuration of EPM Live implemented for CCTexas. The purpose of the adjusted training materials is to highlight the specific usability of EPM Live defined for CCTexas. 1.3. Integration This project includes gathering and documenting requirements and generating a preliminary design of the integration with Infor-ERP and LaserFiche. Requirements gathering sessions will be held with the CCTexas Subject Matter Experts. The EPM Live Project Manager and Technical Resources will deliver a requirements and preliminary design document for the integration of EPM Live with Infor-ERP and LaserFiche. The actual development of any integration methods (web services) is considered a separate from this statement of work and can be delivered independently of the EPM Live implementation as part of a separate scope of work and contract. EPM Live will assign a Developer resource for the integration requirements and design. For the integration effort, a standard waterfall methodology will be followed: I. Planning& High-Level Design (HLD) • Requirements Gathering • Documenting requirements and HLD 1.4. Engagement/Protect Management To ensure the success of the project, EPM Live will assign a dedicated Project Manager to be the single point of contact for this engagement. The Project Manager will lead and coordinate resources together with the assigned CCTexas Project Manager to make sure all deliverables are completed on time and budget. The Project Manager will provide weekly status reports as well as bi-monthly Timesheet Reports (in arrears) to CCTexas and maintain the Project Schedule. The EPM Live Project Manager will work to incorporate other internal CCTexas related project activities and deliverables into the overall Project Schedule. 2. Deliverables EPM Live will provide the following deliverables within the indicated timeline: 1) Implementation Deliverable(s): • Build Test, Deploy, Adjust • Configured EPM Live Solution in Staging Site based on BTO specifications • Site Review Work Sessions with Project Team • Adjustments to Configuration Builds • Configured EPM Live Solution in Production Site based on BTO specifications • Workflow o Configuration of Out of the Box Workflow According to Build to Order Specifications Document for "Project Creation" CITY OF CORPUS CHRISTI EPM LIVE PAGE 6 OF 15 Exhibit"A" CONFIDENTIAL 2) Training Deliverable(s): • EPM Live Training Materials (Adjusted to Reflect CCTexas System Configuration Terminology —no screen updates.) • EPM Live University Enrollments for End Users (Learning Management System) • EPM Live University Enrollments for Administrators (Learning Management System) 3) Integrations Deliverable(s): • Requirements Gathering Session(s) • Integration Requirements and High Level Design Document 4) Engagement/Project Management: • Weekly Project Status Reports • Timesheet Reports Every Two Weeks (in arrears) • Project Schedule Updates every Two Weeks 3. Checkpoints The following Checkpoints will be managed as part of this project: • Completion of Implementation phase • Completion of Training phase For the Implementation Checkpoint, the acceptance criteria are the completion of the EPM Live BTO Specification Document and the configuration of the EPM Live software on the hosted server infrastructure. For the Training Checkpoint, the acceptance criteria are the completion Training Materials and the Enrollments for EPM Live University. At the completion of each checkpoint EPM Live will provide a Checkpoint Acceptance Form. Sign off must occur within ten days of receipt. If sign off is not received without communication within two weeks, acceptance will be assumed. 4. Change Control EPM Live considers change control to be a standard component of all engagements that we undertake. Change control includes changes to project scope and/or deliverables from the original project plan. Other project impacts, such as lost time due to emergencies, software errors in licensed software or unplanned absences of key personnel, can also effect the time required to complete the work and/or the quality of the deliverables. EPM Live has a formal change control process that documents and authorizes changes. Scope changes beyond the original Statement of Work will be presented first for authorization to estimate the impact (i.e., deliverables/schedule/cost) and then to authorize the agreed upon scope change along with the associated schedule and fee adjustment. Project impacts due to lost time or unavailability of key resources that may impact the project scope, schedule or deliverables will be documented for decision(s) when changes to original time/fee estimates may be warranted. A CCTexas signature is required on all Change Order agreement/forms. If a decision is made to approve a change, a definitive time/fee estimate will be determined and the project scope and timeline will be adjusted. CITY OF CORPUS CHRISTI EPM LIVE PAGE 7 OF 15 Exhibit"A" CONFIDENTIAL 5. Pricing/Payment The services in this statement of work will be submitted on a time and material basis at a rate of US$175 per hour (per assigned resource). The following estimate of cost covers the estimated fees for EPM Live to deploy EPM Live for CCTexas. The estimate of fees is submitted for services delivered in the United States and does not include additional fees incurred by EPM Live as part of providing services outside of the United States. CCTexas will be invoiced and all fees are due and payable upon receipt of invoice. Consultin g Services Quantity Unit Cost (Hours/Units) Cost Implementation Build,Test, Deploy and Adjust 140 $ 175.00 $ 24,500.00 Data Migration/Reporting 48 $ 175.00 $ 8,400.00 Workflow-Project Creation 48 $ 175.00 $ 8,400.00 Training Trainig Materials Adjustments 69 $ 175.00 $ 12,075.00 Services Total $ 53,375.00 Estimate of Travel and Expense $ 6,750.00 This statement of work does not include the cost of the EPM Live software (Dedicated Hosted Software). CCTexas is expected to procure the hosting services and/or on-premise software under a separate contract. Travel and related expenses are additional, and will be invoiced at actual cost as incurred. For delivery of the on-site components of this engagement, EPM Live estimates a total of 3 trips, each trip at an average cost of $2.25K for a total estimate of travel and expense for this engagement of $6.7K. Any required travel and related expenses will be submitted by EPM Live for prior approval by CCTexas. In addition, EPM Live agrees to abide by the CCTexas travel policy. For questions or changes regarding this quote please contact Jose Levy at irlevy @uplandsoftware .com, 469-328-9851. Pricing is valid until 1/31/2014. 6. Resources Assigned EPM Live will provide the following resources as part of this project. Additional resources will be added to the project as needed to complete the deliverables defined herein. CITY OF CORPUS CHRISTI EPM LIVE PAGE 8 OF 15 Exhibit"A" CONFIDENTIAL Engagement Manager/Project TBD Experienced in Project and Portfolio Management Manager processes and the application configuration and implementation of EPM Live solutions including project management and engagement management to ensure all deliverables are completed in scope and on budget. Technical Lead (Solution TBD Experienced in configuration of all aspects of the EPM Architect) Live software solution and Microsoft technologies including SQL Server,SharePoint Server. EPM Live Developer TBD Experienced in custom software development of EPM Live and Microsoft technologies. EPM Trainer TBD Experienced in delivering project management and EPM Live role-based training 7. Assumptions In order to mitigate the risk to all parties associated with the project, EPM Live submits the following list of assumptions. EPM Lives' services and related pricing are contingent upon these assumptions. Modifications to these assumptions may impact the project timeline and/or result in lower or added costs. The project assumptions are: • EPM Live anticipates that a majority of the set-up and configuration activities will be accomplished both onsite and offsite. • The client will provide remote access to their server systems via the client's VPN, via EPM Live GoToMeeting or LiveMeeting capability, or by some other mutually agreeable means. • The client will ensure appropriate access for EPM Live resources to facilities and personnel during normal business hours, throughout the duration of the Project, and for providing after- hours access for same upon receipt of two (2) business day advance notice or as mutually agreed, if required. • In the event of onsite work, the client will prepare the physical project facilities and equipment as applicable for the development of the Project deliverables. • All network connectivity issues will be handled and addressed by the client staff. Network performance and WAN connection from offsite or remote offices is not the responsibility of EPM Live and should be in place prior to project start. • EPM Live is not responsible for potential time zone issues for client international offices. • Microsoft Project and EPM Live Project Publisher installations on user machines/laptops are the responsibility of the client's IT group. • This implementation includes the out of the box usage scenarios and capabilities of EPM Live. No custom software development deliverables have been included as part of this statement of work. • Workflow configuration is limited to the out of the box workflows provided by EPM Live adjusted for the specifications of CCTexas. Any change in scope with regards to workflow would be part of the standard Change Control process for this project. CITY OF CORPUS CHRISTI EPM LIVE PAGE 9 OF 15 Exhibit"A" CONFIDENTIAL • Training material adjustments are limited to making changes to the out of the box training materials for EPM Live reflects the CCTexas EPM Live system configuration. This includes removing sections of the materials that are not relevant to CCTexas, providing the recommended sequence of the class based on the CCTexas process, and other minor adjustments, if necessary, based on the final configuration. No screenshot updates are included. Training materials will be delivered in Word format. • Reports included as part of the solution are limited to configuration of out of the box reporting features to meet reporting requirements. No custom report development are included as part of this statement of work. Failure to satisfy these assumptions may result in a project delay and fee increase and may trigger a project change request. 8. Authorization The pricing and other terms as specified within this document are offered by EPM Live until 1/31/2014. Pricing and terms after that time are subject to increases and changes, respectively. The estimate of fee is submitted for services delivered in the United States and does not include additional costs incurred by EPM Live as part of providing services outside of the United States. By signing below, the City of Corpus Christi agrees to the terms within this Statement of Work. Company: City of Corpus Christi Authorizing Signature Date PO Number Print Name and Title Phone Number Billing Address City State Zip Country Please fax this page with proper authorization to: EPM Live at Attention: Contracting CITY OF CORPUS CHRISTI EPM LIVE PAGE 10 OF 15 Exhibit"A" CONFIDENTIAL Company: EPM Live LLC Au6orizing Signature Date PO Number 1... sc,(,Ifl t) , 64z,; os? Print Name and Title Phone Number 2 UE'l- ? 011-v ee"Y < Billing Address City State Zip Country 1. Terms and Conditions THIS SERVICES AGREEMENT (Agreement) is made as of the signature date by and between EPM Live LLC, ("EPM Live"') part of Upland Software and the City of Corpus Christi, Texas, a Texas home rule municipal corporation ("CCTexas"), acting by and through its authorized representative, the City Manager or his designee. WITNESSETH WHEREAS, EPM Live is a Limited Liability Corporation formed for the purpose of providing Business Solutions consulting and computer technology to organizations desiring to improve their financial status and efficiency WHEREAS, CCTexas desires EPM Live to provide Consulting Services NOW, THEREFORE, EPM Live and CCTexas hereby agree as follows: ARTICLE 1: RECITALS AND DEFINITIONS Section 1.01 –Recitals: The above recitals and identification of parties are true and correct. Section 1.02–definitions: The following definitions shall apply: (1) Termination Notice: The term 'Termination Notice" shall mean that written notice sent by one party to this Agreement to the other party to this Agreement seeking to terminate the Contract and this Agreement because of a material breach by such other party. (2) Consulting Services: The term "Consulting Services" shall mean all of the services provided by EPM Live as described in the Statement of Work of which this Agreement is a part. (3) Contract: The term "Contract'' shall mean the entirety of the Statement of Work including this Agreement. CITY OF CORPUS CHMSTI EPM LIVE PAGE 11 OF 15 Exhibit"K- CONFIDENTIAL (4) Contract Term: The term "Contract Term" shall mean a period of time starting with the Effective Date and continuing until this Agreement is fulfilled, cancelled or terminated as provided under Article 4. (5) Deliverables: The term "Deliverables" shall mean deliverables as defined in the Statement of Work. (6) Development Services: The term "Development Services" shall mean any development of software as may be specifically designated in the Statement of Work by EPM Live on behalf of ("CCTexas") (7) Services: The term "Services" shall mean the Development Services, Consulting Services and any other services provided by EPM Live to CCTexas including, but not limited to, best practice recommendations, process development, user training, user support, technical support, software installation, and software configuration. ARTICLE 2: ACCEPTANCE Section 2.01 — Acceptance: Payment for the Services shall be subject to the written approval and acceptance of CCTexas. ARTICLE 3: PAYMENT Section 3.01 — Consulting Fee: All of the Services shall be performed by EPM Live for the costs specified in the Statement of Work. Section 3.02—Travel Expenses: CCTexas is obligated to pay reasonable travel expenses only if the expenses are approved in writing by CCTexas prior to being incurred, and are associated with completing the Services. EPM Live will not charge and CCTexas is not obligated to pay for any travel expenses for any services that are performed within San Diego County. Section 3.03 — Invoicing: EPM Live shall invoice CCTexas for fees in rendering all Services at the end of each month of the duration of the project. CCTexas shall pay such invoice in full within thirty days of receipt of the invoice to: EPM Live 2382 Faraday Ave., Ste. 200 Carlsbad, CA 92008 Section 3.04 — Insurance: EPM Live shall maintain all insurance requied under Exhibit B, and meet all requirements under Exhibit B, which is incorporated and made a part of this Agreement. ARTICLE 4: TERMINATION Section 4.01 — Termination Limitations: The Contract and this Agreement may be terminated as provided in this Article 4. Section 4.02 — Term and Renewal: The Contract and this Agreement shall be valid for a one year Contract Term beginning on the date this Agreement is signed by the parties. CITY OF CORPUS CHRISTI EPM LIVE PAGE 12 OF 15 Exhibit"A" CONFIDENTIAL Section 4.03 —Termination: If a party materially breaches the Contract or this Agreement, the other party may terminate the Contract and this Agreement by sending a Termination Notice describing the material breach to the other party. Upon receipt of the Termination Notice, the other party shall have thirty days from the date of the Termination Notice either to cure the material breach or, if the material breach cannot be cured within such thirty day period, to begin in good faith to cure the material breach. If the material breach is not cured within the thirty-day period or, if the material breach cannot be cured within such thirty day period and the other party does not in good faith effort begin to cure the material breach, within the thirty-day period, the party providing the Termination Notice shall have the right to terminate the Contract and this Agreement as of the thirty-first day after the date of the Termination Notice. Upon termination, CCTexas shall pay to EPM Live all expenses incurred pursuant to the terms of this Agreement to the date of Termination. Section 4.04 — Effect of Termination: Termination as provided in this article shall terminate the Contract and this Agreement, except that the provisions of Articles 5 and 6 shall survive termination. ARTICLE 5: INTELLECTUAL PROPERTY. Section 5.01 — Copies: CCTexas shall have the right to make additional copies of any documents created and software developed by EPM Live for CCTexas for back-up purposes. Section 5.02—Deliverables: The Deliverables shall be the sole and exclusive property of CCTexas. Section 5.03 — CCTexas Technology: CCTexas information technology shall be the exclusive property of CCTexas. CCTexas shall be the exclusive owner of all the rights, title and ownership interest therein. CCTexas hereby grants EPM Live a restricted license to use CCTexas Technology for purposes of performing the Contract and this Agreement. Section 5.04— CCTexas Confidential Information: CCTexas Confidential Information includes any information that may be considered confidential under Texas Public Information Act, Chapter 552 of the Texas Government Code, including but not limited to any information that may be considered confidential under: (a) Tex. Gov't Code§552.110 related to confidentiality of trade secrets and certain commercial or financial information, including confidential and proprietary business practices, methods, processes, designs, and other information provided to CCTexas by third parties, and in the possession of CCTexas; (b) Tex. Gov't Code§552.136 related to confidentiality of credit card, debit card, charge card, and access device numbers; and (c) Tex. Gov't Code§552.139 regarding the confidentiality of government information related to security issues for computers. EPM Live shall not disclose CCTexas's Confidential Information without the prior written consent of CCTexas. EPM Live hereby acknowledges and agrees that CCTexas's Confidential Information is subject to all applicable law, including the Texas Public Information Act, Chapter 552 of the Texas Government Code. If EPM Live receives a request for CCTexas Confidential Information, EPM Live agrees to immediately notify CCTexas. CITY OF CORPUS CHRISTI EPM LIVE PAGE 13 OF 15 Exhibit"A" CONFIDENTIAL Section 5.05 — Indemnification: EPM Live warrants that the Services (including computer software) sold to CCTexas pursuant to the Contract and this Services Agreement and CCTexas's use thereof do not infringe or violate any patent, copyright, trademark, mask work, trade secret, or any other intellectual property of any person or entity. In addition to and not in lieu of any other obligation imposed under the Contract and this Services Agreement, EPM Live agrees to and shall indemnify, defend, settle on behalf of, and hold harmless CCTexas (the City of Corpus Christi, its officers, agents, employees, and representatives) from and against any and all demands, claims, proceedings, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees, other expenses for investigation, handling, litigation, and settlement or judgment amount) asserted against or incurred by CCTexas, or by reason of, resulting from, or arising in connection with EPM Live and its performance under this Agreement. ARTICLE 6: WARRANTY Section 6.01 — Services Warranty: EPM Live hereby represents and warrants that all services to be performed pursuant to the Contract and this Agreement will be performed on a best efforts basis by qualified personnel in accordance with standard industry practices for such services. ARTICLE 7: MISCELLANEOUS Section 7.01 —Assignments: Any assignments of rights under the Contract and this Agreement by CCTexas without the prior written consent of EPM Live shall be void. Section 7.02 — Hiring: CCTexas agrees that it and its affiliates and subsidiaries shall not hire or attempt to hire either a current or terminated employee of EPM Live during the Contract Term and for a period of one year after the expiration of the Contract Term. The parties understand and agree, however, that the foregoing provision shall not prohibit CCTexas from engaging in any general solicitation for employment which is not directed at any such current or terminated employee of EPM Live (including, but not limited, to, through the use of an employment agency or recruiting firm) or from hiring any such employee who responds to such general solicitation, or who approaches CCTexas concerning possible employment without having been solicited. Section 7.03 — Entire Agreement: The Contract and this Agreement, including this Agreement's Exhibits B through Exhibit D, constitute the entire agreement and understanding between the parties and supersede any previous oral or written agreements or understandings between the parties concerning the subject matters of the Contract and this Agreement. Section 7.04 — Waivers, Amendments and Modifications: Waivers of, and amendments and modifications to the Contract and this Agreement shall not be binding unless such waiver, amendment or modification is in writing and signed by an authorized representative of each party. Section 7.05 — Notice: Notices shall be in writing and shall be deemed delivered when delivered by courier or mailed postage prepaid by Certified or Registered Mail -- Return Receipt Requested -- to the person and address designated below. Notice shall be deemed given on the date of receipt-- as evidenced in the case of Certified or Registered Mail by Return Receipt. CITY OF CORPUS CHRISTI EPM LIVE PAGE 14 OF 15 Exhibit"A" CONFIDENTIAL to: EPM Live, LLC City of Corpus Christi Attn: Joe Larscheid Attn: Holly Houghton, Sr. Application Specialist Executive VP Upland Software City Hall, 3�d Floor, Engineering Srvcs Dept General Manager- EPM Live 1201 Leopard Street 2382 Faraday Ave., Ste. 200 Corpus Christi, TX 78401 Carlsbad CA, 92008 with copy to City of Corpus Christi Attn: Veronica Ocanas, Sr. Asst. City Attorney City Hall, 5th Floor, Legal Dept 1201 Leopard Street Corpus Christi, TX 78401 Section 7.06 — Relationship of the Parties: Nothing in the Contract or this Agreement shall be deemed to create a partnership, a joint venture, an employment relationship, or an agency relationship between the parties, or as authorizing either party to act as agent for the other. Section 7.07 — Assurances: Each party hereby represents and warrants that all representations, warranties, recitals, statements and information provided to the other under the Contract and this Agreement are true, correct and accurate as of the date of this Contract and Services Agreement to the best of their knowledge. Each party hereby represents and warrants that the person signing this Agreement for their party is authorized to legally bind the party. Section 7.08—Applicable Law: The Contract and this Agreement shall be governed by the laws of the State of California, exclusive of conflicts provisions. Section 7.09—Jurisdiction and Venue: Any action arising out of or in connection with the Contract or this Agreement shall be brought in the Superior Court of the State of California, San Diego County. CITY OF CORPUS CHRISTI EPM LIVE PAGE 15 OF 15 Exhibit"A" EXIBIT B" INSURANCE REQUIREMENTS I. VENDOR"S LIABILITY INSURANCE A. Vendor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Vendor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate Commercial General Liability including: $500,000 Per Occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $100,000 Combined Single Limit 1. Owned 2. Hired& Non-owned WORKERS' COMPENSATION Which Complies With The Texas Workers' Compensation And Paragraph II Of This Exhibit. All states endorsement is required if company is not domiciled in Texas EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 C. In the event of accidents of any kind related to this project,Vendor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Vendor 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. All States endorsement is required if company not domiciled in the State of Texas. Exhibit"B" Page 1 of 3 B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor'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. C. Vendor 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. Vendor 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 (361) 826-4555-Fax# D. Vendor 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 policy • 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; • Workers' compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • 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. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage. Vendor provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor'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. F. In addition to any other remedies the City may have upon Vendor'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 Vendor to discontinue sales/work hereunder, until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor's performance of the work covered under this agreement. Exhibit"B" Page 2 of 3 H. It is agreed that Vendor'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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 Engineering Dept. Purchase and Installation of Software—ins. reqs. 12/19/2013 ds Risk Management Exhibit"B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXX Invoice No. 12345 Invoice Date: Contract Amd No. 1 Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent d No. 2 Contract invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%1 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 $1,250 3,500 $8,250 0 0 0 0% $6,000 $1,000 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11 % $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPP II,I�NUMBER PURCHASING DIVISION ity ot, CITY C ORPUS CHRISTI Corpus us U. 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 uestion must be answered. It the question is not applicable, answer with "NA". See reverse side or Filing Reguiren-cents, Certifications and definitions. COMPANY NAME: LI R Consulting d1ba EPM I;ive P O. BOX: S'TREE'T ADDRESS:ESS: 2382 Faraday, Suite 2001 CITY: Carlsbad, CA ZIP: _ 92008 _ FIRM IS; 1. Corporation 0 2. Partnership x 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"tern.." Name .lob"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 ofthe ownership in the alcove named"firm." Name Title N/A 3. State the narnes of each "board member" of the City of Corpus Christi leaving an ".`ownership interest" constituting 3%or more of the ownership in the above renamed Name Board,Commission or Committee N/A 4. State the 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 3% or more of the ownership in the above narrrmed "firm." Name Consultant N/A Pa, el of 2 FILING REQUIRE MENTS If a person who requests official action on a matter knows that the requested action will confer an m econoic benefit on any City official or employee that is distinguishable lrrom the effect that the action will have on i-nembers of the public in general.or a substantial segment thereof,you shall disclose that fact in a signed writing to the City ofhciaT 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 l 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; Joe L arschei€1 Title General Manager—EPM E 1 Live (Type or Print) Signature of Certifying ,y .,.' ..m. mm m., � .m..,,.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, 'T'exas. 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 Eor purposes of taxation are treated as non-profit organisations. c. "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 thin, such as engineers and architects, hired by the City, of' Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 6k 9n Page 2 of 2 •.CORpovtATn _1852 Corpus Chr Engineering PROJECT MANAGEMENT SOFTWARE City Council Presentation January 28, 2014 EXISTING SOFTWARE Primavera • Implemented in 2009 Corpus Chr'sti Engineering • Follow up necessary upgrades and additional functionality implementations have been unsuccessful • Unable to run reports • Limited web reporting • Double data entry EPM Live Benefits • Elimination of the following programs: Progress Reporter, several access databases, Primavera and Contract Manager • Integration with Infor • Provides workflow • Scheduling • Resource allocation • Process asset library • Document management Corpus Chr'sti Engineering 3 Project Budget Corpus Chr'sti Engineering PROJECT FUNDS AVAILABLE: Engineering Reserve Appropriation...... $ 213,000.00 TOTAL $ 213,000.00 FUNDS REQUIRED: Liscenses and Information Hosting Committment Year One Support Services...... Years Two and Three Support Services... Business Strategy Workshop Implementation. 76,350.60 2,400.00 12,000.00 21,150.00 60,125.00 Staff Support for Implementation... 25,000.00 Miscellaneous Costs 15,974.40 TOTAL $ 213,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 4 d AGENDA MEMORANDUM MaaP© aEO First Reading for the City Council Meeting of January 28, 2014 s� Second Reading for the City Council Meeting of February 11, 2014 DATE: January 3, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works & Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Hudson Street Conversion from one-way traffic to two-way traffic CAPTION: Ordinance amending Section 53-250 of the Code of Ordinances to delete "Hudson Street, from Shaw Street to Stafford Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. PURPOSE: This ordinance would eliminate the school zone one-way designation on Hudson Street, resulting in two-way traffic operations all day. BACKGROUND AND FINDINGS: Hudson Street became a one-way street in January 1976 between the hours of 8:00 a.m. and 9:30 a.m. and 3:00 p.m. and 4:30 p.m. during school days only for Chula Vista Elementary School. Chula Vista Elementary School at 1761 Hudson St. has closed and the children are attending other schools. The Transportation Advisory Committee JAC) approved the conversion from one-way traffic to two-way traffic on Hudson Street on November 25, 2013. ALTERNATIVES: 1. Approve the ordinance, to change traffic to two-way. (recommended) 2. Do not approve the ordinance, thereby keeping this portion of Hudson Street limited to one-way traffic. (not recommended) OTHER CONSIDERATIONS: Chula Vista Elementary School permanently closed, therefore, there is no need for the one-way street and school zone signage between the hours of 8:00 a.m. and 9:30 a.m. and 3:00 p.m. and 4:30 p.m. during school days. CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Project to Date Expenditures Fiscal Year: 13-14 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The City Traffic Engineer recommends the approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending Section 53-250 of the Code of Ordinances to delete "Hudson Street, from Shaw Street to Stafford Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-250 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53-250 Schedule I, One-way streets and alleys Sec,. 53-250,, Schedule II.---One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. (b) School Areas. In accordance with section 53-103 and when properly signposted, all traffic shall move only in the direction indicated during the school hours indicated by signs on the following streets or portions of streets: Street or Portion of Street Direction of Traffic .d.so, Street F.GR; chOW Street 9„ Sta ff r-d Street in...l nI„ 129XI, A 3 Southeast 1_7_10761 Cn lin iruro...I hu I"„n7 ,i Page "1 3 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Cn lin iruro...I hu I"„n7 'i Page ge 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2014, 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 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ' 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Cn lin iruro...I hu I"„n7 'i Page ge 3 3 r � r; N SCALE: N.T.S. AERIAL FLOWN 2006 rr. o a rr, r �f r µ p� II I r r, Fi ri SUBJECT: EXHIBIT HUDSON ST. ONEWAY REVERSAL Traffic Engineering Div. Engineering Services Dept. coRpo 185 Corpus Chr Engineering Hudson Street Conversion from one-way traffic to two-way Traffic Council Presentation January 28, 2014 Hudson Street SCAt N S AERIAL FLOWN 2006 SUBJECT: EXHIBIT HUDSON ST. ONEWAY REVERSAL Traffic Engineering Div. ErgIoee0ng 5rvices Dept. Corpus Chr sti Engineering 2 Hudson Street Corpus Chr sty Engineering 3 d AGENDA MEMORANDUM MaaP© a,EO First Reading for the City Council Meeting of January 28, 2014 1852 Second Reading for the City Council Meeting of February 11, 2014 DATE: January 3, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works & Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Manhattan Drive Removal of Parking Prohibition between Weber Road and Bahama Drive CAPTION: Ordinance amending Section 53-253 of the Code of Ordinances to remove the parking prohibition on Manhattan Drive by deleting the street from "Schedule IV—Stopping, standing or parking prohibited during certain hours on certain streets." PURPOSE: This ordinance would remove the parking prohibition on Manhattan Drive, resulting in parking all day. BACKGROUND AND FINDINGS: Manhattan Drive, between Weber Road and Bahama Drive, both sides is prohibited parking between 9:00 a.m. and 3:00 p.m., school days only. The neighborhood was impacted by student parking during school days at Carroll High School. Carroll High School now leases a parking lot from adjacent church to accommodate the student parking. The neighborhood is no longer adversely impacted by student parking. The Transportation Advisory Committee JAC) approved the removal of the parking prohibition on Manhattan Drive between Weber Road and Bahama Drive on November 25, 2013. ALTERNATIVES: 1. Recommend to approve the ordinance, to remove parking prohibition. (recommended) 2. Do not approve to recommend the ordinance, thereby keeping this portion of Manhattan Drive prohibited parking between 9:00 a.m. and 3:00 p.m., school days only. (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Project to Date Expenditures Fiscal Year: 13-14 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The City Traffic Engineer recommends the approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending Section 53-253 of the Code of Ordinances to remove the parking prohibition on Manhattan Drive by deleting the street from "Schedule IV—Stopping, standing or parking prohibited during certain hours on certain streets." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-253 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53-253 Schedule IV—Stopping, standing or parking prohibited during certain hours on certain streets Section 1. Section 53-253, titled "Schedule IV—Stopping, standing or parking prohibited during certain hours on certain streets" is amended by deleting Manhattan Drive from Schedule IV as shown below: Sec. 53-253. Schedule IV—Stopping, standing or parking prohibited during certain hours or certain streets. In accordance with section 53-173 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified herein of any day, except Sundays and public holidays, within the district or upon any of the streets or parts of streets as follows: Name of Street Hours Stopping, Standing or Parking Prohibited n I'l4 is bet hsidc? of the stpeet, fpermn I'A"l hhcr Read to Rcfiniccn o:nn -A.M. -AnrJ 3:00 P.m., Page 1 t o '3 r`7i lur irr,;,;,...I/I urlr JI;7rr I nl/I urlr Jh7rr I nr✓,,, 1a, SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 3 Cn lu7 ir7,ra�y...I/I ir717 i11,t,7r7 I nl/I ir717 i1ft,7r7 I nr✓a•;� Page t:D$;,b That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2014, 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 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ' 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page ,,, �`,i lur ur,:,;, I/I urlr JI;7rr I nl/I urlr Jh7rr I nr✓,,�, �a, N SCALE: N.T.S. BRUSHWOOD LN TIGER LN TIGER LN PARKING RESTRICTION CHANGE LOCATION N��MOSP pR CARROLL ANHA TAN DR HIGH SCHOOL w y m w BAHAMA DR �pP KEY WEST DR PANAMA DR PANAMA DR 0 0 z w SUBJECT: PARKING RESTRICTION CHANGE - LOCATION MAP - MANHATTAN DRIVE BETWEEN WEBER ROAD AND BAHAMA DRIVE Traffic Engineering Div. w� Engineering Services Dept. coRpo 185 Corpus Chr Engineering Manhattan Drive Removal of Parking Prohibition between Weber Road and Bahama Drive Council Presentation January 28, 2014 Manhattan Drive Corpus Chr'sti Engineering TIGER LN CARROLL HIGH SCHOOL PANAMA DR cc TIGER LN PARKING RESTRICTION CHANGE LOCATION KEY WEST DR PANAMA DR SUBJECT: PARKING RESTRICTION CHANGE LOCATION MAP - ditMANHATTAN DRIVE BETWEEN WEBER ROAD AND BAHAMA DRIVE Traffic Engineering Div. Engineering Services Dept. 2 Manhattan Drive Corpus Chr sty Engineering 3 d AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 28, 2014 "oaPOwR k° Second Reading Item for the City Council Meeting of February 11, 2014 1852 DATE: January 7, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Ordinance Amending the Fiscal Year 2014 Capital Improvement Street Program Budget to Include the City Council Approved Bond 2014 Street Projects CAPTION: Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the City Council approved Bond 2014 street projects as listed in Attachment 1; increasing revenues and expenditures in the amount of$8,000,000. PURPOSE: This item amends the FY 2014 Capital Improvement Program Street Budget to include the City Council approved street projects as listed in Attachment 1 so Professional Service Design Contracts may be awarded and work begin. BACKGROUND AND FINDINGS: On July 30, 2013, the City Council approved a Resolution in support of calling for a General Obligation Bond Election in November 2014 for the purpose of funding Street Improvements in the amount of $84,410,000, with $55,000,000 representing streets in the greatest need of reconstruction and $29,410,000 representing street capacity priorities and other related street- related improvement projects. A second Resolution approved by City Council included a Reimbursement Resolution that directed staff to begin design procurement services for streets listed on Proposition One of the Council-approved project list. On August 1, 2013, the City issued Request for Qualifications (RFQ) No. 2013-01: Bond Issue 2014 Street Projects to solicit proposals for the design of the proposed street projects. Twelve local firms were selected to begin negotiations on fifteen projects. The design contracts have now been finalized and will be presented to City Council for their review, approval, and contract award. The first seven contracts will be on the January 14, 2014 City Council agenda and the remaining contracts will be presented during the January 28th, 2014 City Council meeting. Construction of the street projects is contingent upon city voter-approval in a November 2014 General Obligation (GO) Bond Election. If approved by voters at that time, the projects will be "shovel ready" to immediately begin construction upon the passage of the election. ALTERNATIVES: 1. Approve the Ordinance to amend the Fiscal Year 2014 Capital Improvement Program budget to include the City Council approved Bond 2014 street projects. (Recommended) 2. Do not approve the Ordinance to amend the Fiscal Year 2014 Capital Improvement Program budget to include the City Council approved Bond 2014 street projects. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This Ordinance complies with City of Corpus Christi Financial policies regarding the Capital Improvement Program. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Financial Services Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- Project to Date 2014 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 $0.00 Encumbered / 0.00 0.00 Expended Amount This item 8,000,000 0.00 0.00 Future Anticipated expenditures for this 8,000,000 0.00 0.00 project BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Street CIP Comments: Only the design services are authorized using this current CIP FY funding. Additional funds will need to be secured for the utility portion of the design contracts. RECOMMENDATION: City staff recommends approval of the Ordinance to amend the FY 2014 Capital Improvement Program Budget so design contracts may be awarded to begin design on the Bond 2014 street projects listed in Proposition One. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment 1 Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the City Council approved Bond 2014 street projects as listed in Attachment 1; and increasing revenues and expenditures in the amount of$8,000,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 is amended to include the Bond 2014 street projects as listed in Attachment 1. SECTION 2. The FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures in the amount of $8,000,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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 day of 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Bond Issue 2014 REVISED: Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 Waldron Road Airdrome to Caribbean 3,600,000 Santa Fe Elizabeth to Hancock 1,160,000 ADA Masterplan Implementation Citywide 1,100,000 TOTAL PROPOSITION ONE: $ 55,000,000 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 Gd7apr�M M1ryp xs Second Reading for the City Council Meeting of February 11, 2014 DATE: January 7, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Alameda Street from Kinney to Lipan CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $69,565 from Storm Water CIP Fund 4529; $36,173.80 from Wastewater CIP Fund 4503; $33,391.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Alameda Street from Kinney to Lipan; increasing expenditures in the amount of $139,130; and authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews, and Newman, Inc. from Corpus Christi, Texas in the amount of $323,685.00 for Alameda Street from Kinney to Lipan for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute an Engineering Design Contract with Lockwood, Andrews, and Newman, Inc. for Alameda Street from Kinney to Lipan so design work may begin in advance of the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project consists of the full-depth reconstruction of the existing two-lane minor collector roadway. Improvements will take into account adjacent schools and include curb and gutter, standard sidewalks, Americans with Disabilities Act (ADA) curb ramps, pavement markings, signage, storm water drainage, and utilities. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the City's adopted Comprehensive Plan and master plans. The existing right of way meets the C-1 Collector designation as indicated on the Urban Transportation Master Plan (UTMP) for this roadway section, therefore right-of-way acquisition is not anticipated for this project. ALTERNATIVES: 1. Execute the Engineering Design Contract with Lockwood, Andrews, and Newman, Inc. as proposed. 2. Do not execute the Engineering Design Contract with Lockwood, Andrews, and Newman, Inc. as proposed (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews, and Newman, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. Lockwood, Andrews, and Newman, 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: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $323,685.00 $2,616,315.00 $,2,940,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $323,685.00 $0.00 $323,685.00 Future Anticipated $0.00 $0.00 $2,581,320.00 $2,581,320.00 Expenditures BALANCE $0.00 $0.00 $34,995.00 $34,995.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves remaining in older bond funds and completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. The utility design work is being financed through unencumbered funds remaining in older utility revenue bonds resulting from competed projects and remaining interest proceeds. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with Lockwood, Andrews, and Newman, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $69,565 from Storm Water CIP Fund 4529; $36,173.80 from Wastewater CIP Fund 4503; $33,391.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Alameda Street from Kinney to Lipan; increasing expenditures in the amount of $139,130; and authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews, and Newman, Inc. from Corpus Christi, Texas in the amount of $323,685.00 for Alameda Street from Kinney to Lipan for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $69,565 in Storm Water Capital Improvement Program Reserves from Fund 4529, $36,173.80 in Wastewater Capital Improvement Program Reserves from Fund 4503, and $33,391.20 in Water Capital Improvement Program Reserves from Fund 4479 to the Alameda Street from Kinney to Lipan Bond Issue 2014 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $139,130 for Alameda Street from Kinney to Lipan Bond Issue 2014 project. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract for the Alameda Street from Kinney to Lipan project for design, bid, and construction phase services in the amount of $323,685.00 with Lockwood, Andrews, and Newman, Inc. from Corpus Christi, Texas ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Alameda from Kinney to Lipan PROJECT FUNDS AVAILABLE: Street Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 184,555.00 Waterwater CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 36,173.80 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 69,565.00 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33,391.20 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 1,285,445.00 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 1,330,880.00 TOTAL......................................................................................... 2,940,010.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 2,004,555.00 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 200,455.00 Design Fees: **Design Engineer - LAN (authorized services) ... ... ... ... ... ... ... ... ... ... ... ... 323,685.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 52,920.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 44,100.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 249,900.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 14,700.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 14,700.00 TOTAL......................................................................................... 2,905,015.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 34,995.00 * Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING DATAEXCHANGE\JORGEC2\JORGEC\MISC\EXHIBITS\EXHE13086\EXHE13086 War 1111110 IN Awmaylim J11, Aiq'All �AwFffluo 04 *10) ............ ig ;01 Pigs p�,, ,)') , ,, , , . t?" A A orm g� al FU lame "awl", low, zl)l Af L 11"PAN ST.-- A /�`;,'j1*,I/,,( iv 11 IF ffiv 4L g,) 110 xffi/;1,'//, re z/wd g, 1M, "Ap; F 01 A I J01 My N 01 'WA/PFWWAD�l........ "Am promm wo g, '4//'T ij All 6/, % ;j a i "qrfm, ww P qww/ IN 31,/-_2 'k F0 lop, 0 '4111 SO v rY 011 ,. ' ,' PROJECT ow, - I /M All" NIP, 01 W '�zkg v",/ F A 1,41 �i'v ,, Au, . ........... am v re 0!" "im, 'u" ta //m/m, LOCATION MAP NOT TO SCALE PROJECT#E13086 ALAMEDA CITY COUNCIL EXHIBIT CITY OF CHRISTI, TEXAS FROM KINNEY TO LIPAN DEPARTMENT OF CORPUS 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 Lockwood, Andrews, and Newman, Inc. (LAN), a Texas corporation, 711 N. Carancahua St. Suite 700-D, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Alameda Street from Kinney Street to Liaan Street(Project No. E13086) BOND ISSUE 2014—This project consists of the full-depth reconstruction of the existing two-lane minor collector roadway. Improvements will take into account adjacent schools and include curb and gutter, standard sidewalks, Americans with Disabilities Act (ADA) curb ramps, pavement markings, signage, stormwater drainage, and utilities. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the City's adopted Comprehensive Plan and master plans.The existing right of way meets the C-1 Collector designation as indicated on the Urban Transportation Master Plan(UTMP)for this roadway section, therefore right-of-way acquisition is not anticipated for this project. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense,to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. 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 Contract for Engineering(A/E)Services Page 1 of 3 K:IENGINEERING DATAEXCHANGEWNGIEMISTREE nE73086 ALAMEDA FROM KINNEY TO LIPAN BOND ISSUE 20141AGENDA ITEWCONTRACT PROFESSIONAL SERVICES.DOC a r 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 $323,685.00, (Three Hundred Twenty Three Thousand Six Hundred Eighty Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit"C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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. Contract for Engineering(A!E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGE%NGIEMISTREET1E130M ALAMEDA FROM KINNEY TO LIPAN BOND ISSUE 20141AGENDA ITEMICONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI LO /LWOOD,ANDREWS,AND NEWMAN, INC. / Mark Van Vleck, P. E., Date Steve6 A. Gilbureath, P. E., Date Interim Assistant City Manager Associate of Public Works and Utilities 2925 Briarpark Drive, Suite 400 Houston, TX 77042-3720 (713) 266-6900 Office RECOMMENDED (713) 266-7191 Fax Daniel Biles,, P. E., Date Executive Director of Public Works Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount Street 550950-3550-00000-E13086 $184,555.00 ................. Wastewater 550950-4503-00000-E13086 36,17180 Storm Water 550950-4528-00000-E13086 69,565.00 Water 550950-4479-00000-E13086 33,391,20 ............................ Total $323,685.00 Encumbrance Contract for Enguneering(A/E)Services Page 3 of 3 K9ENGINEERJNG DATAEXC&IANGE4ANGIEMISTREETYE13086 ALAMEDA FROM KtlNNEY TO U PAN BOND%SSUE 2014VA GENDA ITEWCONTRACT PROFESSIONAL SERVICES DOC r EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS ALAMEDA STREET (LIPAN STREET TO KINNEY STREET) PROJECT NO. E13086 BOND ISSUE 2014 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/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) Prepare geotechnical investigation findings (see Additional Services). d) Request 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 recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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) Review City provided preliminary Traffic impact assessment and provides recommendation for integration and/or additional requirements as appropriate. EXHIBIT"A" Page 1 of 13 Revised November 26,2013 • r P) 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 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 summary output tables from Hydraulic and hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. PFevide an analysis OR pFojeGt imparote towards ,. a#eGt. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results, and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report, as scheduled by City Project Manager. t) Assimilate all City 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. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format 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) EXHIBIT"A" Page 2 of 13 Revised November 26,2013 e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey bench marks and coordinates. g) Preliminary Traffic Impact Assessment. 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: 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 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 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, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. 0 SubMittal h) Hold PFGjeGt 0 meetiRg meetings to attendees within five WGFkinq days of the meeting. and SP8&iGatiens, ai;d advise City of Fespending and non FespeRdii:ig EXHIBIT"A" Page 3 of 13 Revised November 26,2013 i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 all submittals 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. See Exhibit"A-2"for required form. 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 electronic copy 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) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT"A" Page 4 of 13 Revised November 26,2013 f) 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. g) Prepare Agenda Memoranda and 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 changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate, and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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 EXHIBIT"A" Page 5 of 13 Revised November 26,2013 provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applicationstestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. EXHIBIT"A" Page 6 of 13 Revised November 26,2013 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: in ♦M>r-he aFeea h TxDQT- utility and ena I nerwaits multiple use agizeements �r�c�rciccrRrla GIl�irenmental,7^CIIIIICO, IIIOICIpiG ODGII91GGIiiGITLO G. WetI-ands Deline—atien and Permit rl TeFnpeFani Disrharne Permit �rcrnpvrcar�-vra�c�rrary�l of l l uc e A117r11=C Dermi4lAmenrlmeRts /innlllrlinn SSG, A101 AIr1T\ R Rio i• U.S. Arm.,Torne of Engineers (USAGE U United States EnuironmaRtal 12ro4en4ien Agennv /I ICEDAI I. Texas Department of Licensing and Regulation (TDLR ) M Texas General 1 aFid OfFioe (T-G G) 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 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) Prepare Metes and Bounds instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements, and temporary construction easements. EXHIBIT"A" Page 7of13 Revised November 26,2013 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 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 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. EXHIBIT"A" Page 8 of 13 Revised November 26,2013 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. 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. EXHIBIT"A" Page 9 of 13 Revised November 26,2013 9. Geotechnical Engineering Services; A/E will coordinate with subconsultant to complete a subsurface investigation of the project area. A/E will perform two borings to termination depths of 15-feet and three borings to termination depths of 5-feet within the roadway (Total Number of Borings: 5; Total Linear Feet of Drilling: 45 LF). A/E will sample, identify and measure the pavement constituents at each boring location. The scope of work is provided below. a) Coordination with Texas One Call to identify underground utilities in the proximity of the boring locations. The borings will be relocated if necessary. b) Traffic control and traffic control devices as required by the City of Corpus Christi during field investigation. C) Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. d) Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. e) After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. f} Scope of Laboratory Testing Program 1. Supplementary Visual Classification (ASTM D 2487) 2. Water Content Tests(ASTM D 2216) 3. Atterberg Limits Tests (ASTM D 4318) 4. Unconfined Compressive Strength Tests (ASTM D 2166) 5. Percent Material Finer Than The#200 Sieve Tests (ASTM D 1140) 6. All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. g) Geotechnical Engineering Report. In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project utilizing the following information provided to RETL by the City of Corpus Christi: 1. Flow Line of Utilities 2. Street Elevations 3. Traffic Counts 4. Projected Percent Growth of Traffic Over Life of Pavement 5. Design Vehicles 6. Percent Trucks 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"K. EXHIBIT"A" Page 10 of 13 Revised November 26,2013 I1. SCHEDULE Date Activity TBD NTP City provided Traffic Jan 27, 2014 Assessment NTP+ 45 days* Draft ELR submittal TBD City Review Draft + 15 days* Final ELR submittal July 1st, 2014 60% Design Submittal Aug 1 st 2014 City Review 0 Design Subm" September 29, 2014 100% Final Submittal TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction NTP + 8 months Complete Construction *Business days 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, A/E will submit monthly statements for services rendered. 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 11 of 13 Revised November 26,2013 Summary of Fees Basic Services Fees 1. Preliminary Phase $60,500.00 2. Design Phase $112,380.00 3. Bid Phase $6,600.00 4. Construction Administration Phase $22,500.00 Subtotal Basic Services Fees $201,980.00 Additional Services Fees (Allowance) 1. Permit Preparation $5,750.00 2. ROW Acquisition Survey $14,375.00 3. Topographic Survey and Parcel Descriptions* $17,250.00 4. Environmental Issues* $1,150.00 5. Public Involvement* $3,600.00 6. Subsurface Utility Investigation $37,605.00 6b. Video Inspection of WW Utility Lines* $23,000.00 7. Construction Observation Services To Be Determined 8. Warranty Phase $2,300.00 9. Geotechnical Investigation and Report* $16,675.00 Sub-Total Additional Services Fees Authorized $121,705.00 Total Authorized Fee $323,685.00 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 12 of 13 Revised November 26,2013 ALAMEDA FROM KINNEY TO LIPAN Project No. E13086 BOND ISSUE 2014 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $30,250.00 $7,865.00 $15,125.00 $7,260.00 60,500.00 2 Design Phase 56,190.00 14,609.40 28,095.00 13,485.60 112,380.00 3 Bid Phase 3,300.00 858.00 1,650.00 792.00 6,600.00 4 Construction Administration Phase 11,250.00 2,925.00 5,625.00 2,700.00 22,500.00 Subtotal Basic Services Fees 100,990.00 26,257.40 50,495.00 24,237.60 201,980.00 Additional Services Fees (Allowance) 1 Pemit Preparation 5,750.00 0.00 0.00 0.00 5,750.00 2 ROW Acquisition Survey 7,187.50 1,868.75 3,593.75 1,725.00 14,375.00 3 Topographic Survey and Parcel 8,625.00 2,242.50 4,312.50 2,070.00 17,250.00 Descriptions 4 Emironmental Issues 575.00 149.50 287.50 138.00 1,150.00 5 Public Involvement 1,800.00 468.00 900.00 432.00 3,600.00 6 Subsurface Utility lnvestigation 18,802.50 4,888.65 9,401.25 4,512.60 37,605.00 6b. Video Inspection of WW Utility 23,000.00 0.00 0.00 0.00 23,000.00 Lines 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 1,150.00 299.00 575.00 276.00 2,300.00 9 hnical Investigation and 16,675.00 0.00 0.00 0.00 16,675.00 Report Subtotal Additional Services Fees Autho 83,565.00 9,916.40 19,070.00 9,153.60 121,705.00 Total Authorized Fee 184,555.00 36,173.80 69,565.00 33,391.20 323,685.00 EXHIBIT"A" Page 13 of 13 Revised November 26,2013 EXHIBIT "A-1" TASK LIST ALAMEDA STREET (LIPAN STREET TO KINNEY STREET) PROJECT NO. E13086 BOND ISSUE 2014 I. SCOPE OF SERVICES- The following task list provides added A/E services specific to Alameda Street (Project No E13086) and appends those Standard City of Corpus Christi services outlined in Exhibit A of this contract: A. BASIC SERVICES 1.-3. No additions. 4. Construction Administration Phase; The A/E will perform contract administration to include the following: e) Fee proposal for this task assumes 2013 rates and a 32-week construction period (3 hours per week), as defined by the City. Should the City desire additional construction administration services beyond these hours, this scope of work and associated fee can be amended at a later date. A/E/will make regular visits (estimate one per week at 3-hours) 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. B. ADDITIONAL SERVICES 1.-3. No additions. 4. Environmental Issues; A/E will complete a Phase I Environmental Site Assessment (ESA) in order to identify, to the extent feasible pursuant to the processes prescribed in ASTM E1527-05, any recognized environmental conditions in connection with the proposed project area and 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. No additions. EXHIBIT"A-1" Page 1 of 2 6. Subsurface Utility Investigation; include 6b below. 6b. Televised Inspection of Wastewater Lines; for wastewater trunk lines within the project limits; clean and televise lines. Review video tapes of the lines to ascertain their condition. Based on the assessment, provide recommendations for repair, rehabilitation, or replacement. 7A. No additions. EXHIBIT"A-1" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence- aggregate on all certificates COMMERCIAL GENERAL LIABILITY $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/$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 500,000/500,000/500,000 EXHIBIT"B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 EXHIBIT"B" Page 2 of 3 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 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of('oq)-(1 h I i,T t.."s of Devc I o I r I Ic.,I Sc—c�',,s 11 0 Box 0277 City of Col pus Chnst"Te-s 78469-1)277 3,61)82o-1240 twtcorpus I ocawd Irl, 240i,Ee p.,rd Siree2 A- 0�NWWOW 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". NAME: I-ockwood, Asi(,,irew5 &Nlcwriiirn, lric. STREET: 71 1 N.Carancahua St., Suite 700 CITY: Corpus Christi Zip: 78474 FIRM is: fX-1 Corporation E] Partnership [:] Sole Owner ❑Association E] 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 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 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 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 N/A CERTIFICATE 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: Steve Gdbreath, PE Title: Tearn I-eader (Print) Signature of Certifying Person: Date:July 29, 2013 K'DFNELOPMEN I WC SHARLI)q,AND ADMIMS1 MAI K)NAPPLICATNIN I4WIS,FORMS AS iTR 1,F(7Atr'Z"12'1'�V'i''�"""�'�O C4 IN IPJ0-.%1N SIAIEMEN]1 27 12DOC Alameda Street from Kinney to Lipan Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering PROJECT LOCATION 2 Project Schedule Corpus Chr sti Engineering Project Estimate: 660 Calendar Days 22 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering PROJECT FUNDS AVAILABLE: Street Tax Notes $ 184,555.00 Wastewater CIP 36,173.80 Storm Water CIP 69,555.00 Water CIP 33,391 .20 * Future 2014 General Obligation Bonds 1,285,445.00 * Future Capital Improvements - Revenue Bonds (Utility) 1,330,880.00 TOTAL 2,940,000.00 FUNDS REQUIRED: *Construction (preliminary estimate) Contingency (10%) Design Fees: 2,004,545.45 200,454.55 **Engineer (Lockwood, Andrews & Newman) 323,685.00 Geotechnical Study and Testing (TBD) 52,920.00 Reimbursements 323,400.00 TOTAL 2,905,005.00 ESTIMATED PROJECT BUDGET BALANCE $ 34,995.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 Gd7apr�M M1ryp xs Second Reading for the City Council Meeting of February 11, 2014 DATE: January 7, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Waldron Road from Airdrome to Caribbean CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $164,675.00 from Storm Water CIP Fund 4528; $85,631.00 from Wastewater CIP Fund 4510; $79,044.00 from Water CIP Fund 4088 to the Bond 2014 Street Project Waldron Road from Airdome to Caribbean; increasing expenditures in the amount of $329,350.00; and authorizing the City Manager, or designee, to execute an engineering design contract with Urban Engineering from Corpus Christi, Texas in the amount of $672,200.00 for Waldron Road from Airdome to Caribbean for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute an Engineering Design Contract with Urban Engineering for Waldron Road from Airdrome to Caribbean so design work may begin in advance of the November 2014 proposed bond election. BACKGROUND AND FINDINGS: This project will consist of full-depth repair of a five lane roadway section (four travel lanes and a continuous center turn lane) as a secondary arterial (A2). Improvements will include curb and gutter, sidewalks (as required), ADA curb-ramps and pavement marking. Utility improvements include underground storm water, water distribution and sanitary sewer system, and various franchise utility relocations (as required). Future bikeway requirements will require evaluation at the time of design and shall conform to the adopted Bikeway Plan of the UTMP/ICSP. ALTERNATIVES: 1. Execute the Engineering Design Contract with Urban Engineering as proposed. 2. Do not execute the Engineering Design Contract with Urban Engineering as proposed. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. Urban Engineering was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $672,200.00 $6,527,800.00 $7,200,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $672,200.00 $0.00 $672,200.00 Future Anticipated $0.00 $0.00 $6,321,600.00 $6,321,600.00 Expenditures BALANCE $0.00 $0.00 $206,200.00 $206,200.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves remaining in older bond funds and completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with Urban Engineering so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $164,675.00 from Storm Water CIP Fund 4528; $85,631.00 from Wastewater CIP Fund 4510; $79,044.00 from Water CIP Fund 4088 to the Bond 2014 Street Project Waldron Road from Airdome to Caribbean; increasing expenditures in the amount of $329,350.00; and authorizing the City Manager, or designee, to execute an engineering design contract with Urban Engineering from Corpus Christi, Texas in the amount of $672,200.00 for Waldron Road from Airdome to Caribbean for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $164,675.00 from Storm Water CIP Fund 4528, $85,631.00 from Wastewater CIP Fund 4510 and $79,044.00 from Water CIP Fund 4088 to the Waldron Road From Airdome to Caribbean Bond Issue 2014 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures by 329,350. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract for the Waldron Road from Airdome to Caribbean Bond 2012 Street Improvement project for design, bid, and construction phase services in the amount of $672,200.00 with Urban Engineering from Corpus Christi, Texas ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Waldron Road from Airdome to Carribean E13099 PROJECT FUNDS AVAILABLE: Street Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 342,850.00 Waterwater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 85,631.00 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 164,675.00 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 79,044.00 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3,270,650.00 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 3,257,150.00 TOTAL......................................................................................... 7,200,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 4,909,090.91 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 490,909.09 Design Fees: *Design Engineer - Urban (authorized services) ... ... ... ... ... ... ... ... ... ... ... .. 672,200.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 129,600.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 108,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 612,000.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 36,000.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 36,000.00 TOTAL......................................................................................... 6,993,800.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 206,200.00 * Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING\MPROJECT\COUNCIL EXHIBITS 2014\El3O99—WALDRON—AIRDOME TO CARIBBEAN\El3O94—WALDRON—AIRDOME TO CARIBBEAN rem.- "Aill V%" -4 1, .7, vlpf gm," ............ No/ nl'41101111�11'"'.4/1 ST v�or IF,/ Of IP P, NY PROJECT p/ LOCATION 11v 4� 1A, 11, i , glfl Or, gx'l ....... .... NW% M0,11111111 "d, 114,6. r im',',q "All", K"I'll L OCA TION MAP NOT TO SCALE PROJECT#E13094 WALDRON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FROM AIRDOME TO CARIBBEAN 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 Dr., Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Waldron Road from Airdome to Carribean(Project No. E13099)BOND ISSUE 2014—This project will consist of full-depth repair of a five lane roadway section (four travel lanes, and a continuous center turn lane) as a secondary arterial (A2). Improvements will include curb and gutter, sidewalks (as required), ADA curb-ramps and pavement marking. Utility improvements include underground storm water system, water distribution and sanitary sewer system, and various franchise utility relocations (as required). Future bikeway requirements will require evaluation at the time of 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", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Page 1 of 3 K%ENGINEERING DATAEXCHANGE%ANGIEM%STREE nE13O99 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 2014XCONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B» 5. FEE The City will pay the A/E a fee, as described in Exhibit"A", for providing services authorized, a total fee not to exceed$672,200.00, (Six Hundred Seventy Two Thousand Two Hundred 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However,the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Engineering(A/E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGE\ANGIEMISTREET\E13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 2074\CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this, contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI URBAN EN, 7ING 1 vt Mark Van Vleck, P. E., Date Eager o C. Urban 0l., P.E., Date Interim Assistant City Manager Principal of Public Works and Utilities 2725 Swantiner Dr. Corpus Christi, TX 78404 (361) 854-3101 Office RECOMMENDED (361) 854-6001 Fax Daniel Biles, P. E,, ba ENTEREI) Executive Director of Public Works JAN 2 2014 CONTRACT MANAGERS Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount ........... Street CIP 2014 TN 550950-3550-00000-E13099 $342,850.00 Wastewater 550950-4504-00000-E 13099 85,631,00 Storm Water 550950-4528-00000-E13099 106,000.00 Storm Water 550950-452.9-00000-E13099 58,675.00 Water 550950-4088-00000-E13099 79,044.00 Total $672,200.00 Encumbrance Contract for Engineer6ng(ARE)Services Page 3 of 3 KIENGINEERING D,ATAEXC;�IANGE\ANC',IEM STREE7E130'99 WALDRON FROM AIRIDOME TO CARRIBEAN SONO ISSUE 2014=NTRACT PROFESSIONAL SERVICES DOG EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WALDRON ROAD (AIRDOME TO CARIBBEAN) PROJECT NO. E13099 BOND ISSUE 2014 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. SCOPE: Waldron Road from Airdome to Carribean, Bond 2014 — This project will consist of full-depth repair of a five lane roadway section (four travel lanes and a continuous center turn lane) as a secondary arterial (A2). Improvements will include curb and gutter, sidewalks (as required), ADA curb-ramps and pavement marking. Utility improvements include underground storm water system, water distribution and sanitary sewer system, and various franchise utility relocations (as required). Future bikeway requirements will require evaluation at the time of design and shall conform to the adopted Bikeway Plan of the UTMP/ICSP. 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) Prepare geotechnical investigation findings (see additional services). d) Request 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 recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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, EXHIBIT"A" Page 1 of 12 Revised November 26,2013 K1Engineering DateExchange%ANGIEMISTREE RE130g9 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EMtBIT A 112613.docx 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) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) 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 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. " and affect 7. Provide anticipated index of drawings and specifications. 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 14-20 Baseline Alignment and Control 21-27 Subsurface Utility Engineering Survey and Notes 28-32 Drainage Area Map EXHIBIT"A" Page 2 of 12 Revised November 26,2013 K:Engineering DataExchangeMGIEMISTREET%E13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXHIBIT A 112613.doCx 33-39 Street and Storm Water Plan and Profile 40-42 Street and Storm Water Lateral Profiles 43-22 Outfall Structure 45-48 TxDOT Standard Details 49-53 Inlet Details and Sections 54-59 Standard Storm Water Details 60 HDPE Storm Alternate and Bus Stop Details 61-67 Pollution Prevention Plan 68-74 Water Plan and Profiles 75-76 Water Line Lateral Profiles 77-82 City Standard Water Details 83-84 City Standard Driveway Details 85-90 City Standard Accessible Details 91 Curb, Gutter and Sidewalk Details 92-98 Traffic Control Plan 99 Traffic Control Plan Sections and Dimensional Tables 100-106 Signage and Stripping Plan 107 Permanent Pavement Marking Detail 108 Crosswalk Pavement Marking.Details 109 Typical Standard Pavement Markings 110 Raised Markers Reflectorized Profile Materials 111 Supplemental Markings Using Raised Pavement Markers 112 Pavement Markings for Two-Way Left Turn Lanes 113 Standard Pavement Markings (Words) 114 Standard Pavement Markings (Arrows) 115-117 Standard TxDOT Barricade and Construction Plans 118-120 Demolition Plan 121-124 Intersection Plans 125-131 Traffic Details 132-133 Wiring Diagram 134 Electrical Service Detail 135 Electrical Details and Service Schematics 136 Electrical Details and Service Enclosure 137-138 Single Mast Arm Assembly 139 Mast Arm Connections 140 Mast Arm Pole Details 141 Luminaire Support Structure Arm Details 142 Traffic Signal Pole Foundation 143 Traffic Signal Controller Cabinet Base and Pad 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City 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. EXHIBIT"A" Page 3 of 12 Revised November 26,2013 KlEnginewing DateExehangMNGIEM%STREET%E13099 WALDRON FROM AIRDOME TO CARRiBEAN BOND ISSUE 20141EXHISIT A 112613.do= U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format 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) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. 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). 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 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 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, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. EXHIBIT"A" Page 4 of 12 Revised November 26,2013 K%Engineering DataExchan0e1ANG1EM%STREET%E13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXHIBR A 112613.do x 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. 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 Gne (1) Set Of the PFO-fiRal plans and bad dGGumei;ts 0 meeting meetings +r—a aft--FeRd-ee's Ied+hin five— warming days Bf the—ImTleetinn and speGftatians, and ad-vise Gity Of Fespending and non F9spGndiR9 i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 all submittals 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. See Exhibit"A-2"for required form. 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 electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. EXHIBIT"A" Page 5 of 12 Revised November.26,2013 K%Engineering DalaExchango'ANGIEMlBTREEM13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXH[Bfr A 112613.docx 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) 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. g) Prepare Agenda Memoranda and 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 EXHIBIT"A" Page 6of12 Revised November 26,2013 K%Engineedng DataExehangeMGIEM%STREET%E13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXHIBIT A 112613.dacx 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) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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: epeFating in the aFeQ TxDGT- utility aR em;vrir-9num;ei;taI i nei:muks, multiple use ne agFeements 6. Wetlands Delineation and PeFmi Q + rl. TemneF;aFy Die•nhai:ge Dermi}..... e. NPDES Permit/Amendments (including SSC, NOI NOT) I. Texas Department of Licensing and Regulation (TDLR ) M' Texas GeneFal Land OfPine (TGI Q) R. Other a9eRG y nrnient spenifin neFR;Ot. EXHIBIT"A" Page 7 of 12 Revised November 26,2013 K%Engineering DalaExehangelANGIEMISTREET1E13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 2014%EXHIBIT A 112613.docx 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 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 fo 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) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 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 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 EXHIBIT"A" Page 8 of 12 Revised November 26,2013 K%Engineering DataExchangeWNGIEWSTREE RE13099 WALDRON FROM AIRDOME TO CARRiBEAN BOND ISSUE 20141EXHIBIT A 112613.doex 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 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 CA 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 9 of 12 Revised November 26,2013 K1Engineering DalaEx&angeWNGIEMISTREErE13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXHISIT A 112613.docx 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. 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 January 29, 2014 NTP January 27, 2014 City provided Traffic assessment March 7, 2014 Draft ELR submittal March 21, 2014 City Review April 11, 2014 Final ELR submittal June 2, 2014 60% Design Submittal June 13, 2014 City Review 90% October 10, 2014 100% Final Submittal November 3 & 10, 2014 Advertise for Bids November 12, 2014 Pre-Bid Conference December 3, 2014 Receive Bids January 2015 Contract Award January 2015 Begin Construction August 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 EXHIBIT"A" Page 10 of 12 Revised November 26,2013 K1Engineering DalaExchangMANGIEWTREETlE13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 2014%EXHISIT A 112613.docx subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. 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 $154,440 2. Design Phase $237,600 3. Bid Phase $11,880 4. Construction Administration Phase $71,280 Subtotal Basic Services Fees $475,200 Additional Services Fees (Allowance) 1. Permit Preparation NPDES $6,000 TDLR $7,500 2. ROW Acquisition Survey (Estimated 5 Ea. Parcels @ $2,500.00 Each) $12,500 3. Topographic Survey and "" $75,000 4. Environmental Issues* To Be Determined 5. Public Involvement* $6,000 6. Subsurface Utility Investigation* $85,000 7. Construction Observation Services To Be Determined 8. Warranty Phase $5,000 Sub-Total Additional Services Fees Authorized $197,000 Total Authorized Fee $672,200 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 12 Revised November 26,2013 K:1Engineedng DataExchangeWNGIEM%STREET1E13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXHIBIT A 112613.docx WALDRON ROAD FROM AIRDOME TO CARRIBEAN Project No. E13099 BOND ISSUE 2014 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $77,220.00 $20,077.20 $38,610.00 $18,532.80 154,440.00 2 Design Phase 118,800.00 30,888.00 59,400.00 28,512.00 237,600.00 3 Bid Phase 5,940.00 1,544.40 2,970.00 1,425.60 11,880.00 4 Construction Administration Phase 35,640.00 9,266.40 17,820.00 8,553.60 71,280.00 Subtotal Basic Senvices Fees 237,600.00 61,776.00 118,800.00 57,024.00 475,200.00 Additional Services Fees (Allowance) 1 Pemit Preparation 0.00 0.00 0.00 0.00 0.00 NPDES 6,000.00 0.00 0.00 6,000.00 TDLR 7,500.00 0.00 0.00 0.00 7,500.00 ROW Acquisition Survey 2 (Estimated 5 Ea. Parcels @ ! 6,250.00 1,625.00 3,125.00 1,500.00 12,500.00 $2,500.00 Each) Topographic Survey and Pame� 3 a}s 37,500.00 9,750.00 18,750.00 9,000.00 75,000.00 sessr+ptie 4 Environmental Issues 0.00 0.00 0.00 0.00 TBD 5 Public lnvolvement 3,000.00 780.00 1,500.00 720.00 6,000.00 6 Subsurface Utility Investigation 42,500.00 11,050.00 21,250.00 10,200.00 85,000.00 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 2,500.00 650.00 1,250.00 600.00 5,000.00 Subtotal Additional Services Fees Autho 105,250.00 23,855.00 45,875.00 22,020.00 197,000.00 Total Authorized Fee 342,850.001 85,631.001 164,675.001 79,044.001 672,200.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 K:Engineer ng DataExchange%NGIEWTREE RE13099 WALDRON FROM AIRDOME TO CARRIBEAN BOND ISSUE 20141EXHISIT A 112613.docc 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 $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/$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 500,000/500,000/500,000 EXHIBIT"B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 EXHIBIT"B" Page 2 of 3 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 m d= ea CO Et Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0' $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER TO BE ASSIGNED BY CTTY- PURCHASING DIVISION ....�of CITY OF CORPUS CHRISTI City pus DISCLOSURE OF INTEREST u Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to rovide 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: URBAN ENGINEERING P.O.BOX: N/A CORPUS 78404 STREET ADDRESS: 2725 SWANTNER DR. CITY: CHRISTI ZIP: FIRM IS: 1. Corporation B 2. Partnership ff7 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar=y,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) 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 ► !le 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 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 suNect of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant 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: U • � � UrW - i�- Title: P/u�►G'rf?A-4— (Type or Print) Signature of Certifying Date: Person: 4� 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. Waldron Road from Airdome to Caribbean Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering 2 Project Schedule Corpus Chr sti Engineering Project Estimate: 660 Calendar Days 22 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering PROJECT FUNDS AVAILABLE: Street Tax Notes Wastewater CIP ...... Storm Water CIP ..... Water CIP .. . $ 342,850.00 85,631.00 164,675.00 79,044.00 * Future 2014 General Obligation Bonds ... 3,270,650.00 * Future Capital Improvements - Revenue Bonds (Utility) 3,257,150.00 TOTAL 7,200,000.00 FUNDS REQUIRED: Construction (preliminary estimate)...... 4,909,090.91 Contingency (10%)... 490,909.09 Design Fees: Engineer (Urban) 672,200.00 Construction Materials Testing (TBD) 129,600.00 Reimbursements 792,000.00 TOTAL 6,993,800.00 ESTIMATED PROJECT BUDGET BALANCE $ 206,200.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 Gd7apr�M M1ryp xs Second reading for the City Council Meeting of February 11, 2014 DATE: January 7, 2013 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E. Interim Assistant City Manager of Public Works and Utilities markvv@cctexs.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Staples Street from Alameda to Morgan CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $149,917.50 from Storm Water CIP Fund 3494; $77,957.10 from Wastewater CIP Fund 4510; $71,960.40 from Water CIP Fund 4088 to the Bond 2014 Street Project Staples Street from Alameda to Morgan; increasing expenditures in the amount of $299,835.00; and authorizing the City Manager, or designee, to execute an engineering design contract with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $604,670.00 for Staples Street from Alameda to Morgan for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute an Engineering Design Contract with HDR Engineering, Inc. for Staples Street from Alameda to Morgan so design work may begin in advance of the November 2014 proposed bond election. BACKGROUND AND FINDINGS: The Staples Street project limits are from north edge of Ayers Street to the south edge of Morgan Avenue. The anticipated construction work consists of reconstruction of the roadway, replacement of water lines, City storm sewer, traffic signal at Elizabeth, reconstruction of curb and gutter, sidewalks / driveways, and reconstruction of ADA accessible ramps. ALTERNATIVES: 1. Execute the Engineering Design Contract with HDR Engineering, Inc. as proposed. 2. Do not execute the Engineering Design Contract with HDR Engineering, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: HDR Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. CONFORMITY TO CITY POLICY: The Engineering Design Contract 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: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $604,670.00 $5,555,330.00 $6,160,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $604,670.00 $0.00 $604,670.00 Future Anticipated Expenditures $0.00 $0.00 $5,192,880.00 $5,192,880.00 BALANCE $0.00 $0.00 $362,450.00 $362,450.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves remaining in older bond funds and completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with HDR Engineering, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $149,917.50 from Storm Water CIP Fund 3494; $77,957.10 from Wastewater CIP Fund 4510; $71,960.40 from Water CIP Fund 4088 to the Bond 2014 Street Project Staples Street from Alameda to Morgan; increasing expenditures in the amount of $299,835.00; and authorizing the City Manager, or designee, to execute an engineering design contract with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $604,670.00 for Staples Street from Alameda to Morgan for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $149,917.50 from Fund 3494 Storm Water Capital Improvement Program Reserves, $77,957.10 from Fund 4510 Wastewater Capital Improvement Program Reserves, and $71,960.40 from Fund 4088 Water Capital Improvement Program Reserves to the Staples Street from Alameda to Morgan Bond Issue 2014 street project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures by $299,835. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract for the Staples Street from Alameda to Morgan project for design, bid, and construction phase services in the amount of $604,670.00 with HDR Engineering, Inc. from Corpus Christi, Texas ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Staples Street from Alameda to Morgan PROJECT FUNDS AVAILABLE: Street Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 304,835.00 Wastewater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 77,957.10 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 149,917.50 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 71,960.40 *Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2,775,165.00 *Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... ... ... 2,780,165.00 Project Total 6,160,000.00 FUNDS REQUIRED: *Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4,200,000.00 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 420,000.00 Design Fees: **Design Engineer - HDR (authorized services) ... ... ... ... ... ... ... ... ... ... ... ... ... 604,670.00 Construction Materials Testing (TBD) 110,880.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... 138,600.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... ... 215,600.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 77,000.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 30,800.00 TOTAL............................................................................................ 5,797,550.00 ESTIMATED PROJECT BUDGET BALANCE......................................... $ 362,450.00 *Will be required only if construction is approved by City Voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING\MPROJECT\COUNCIL EXHIBITS 2014\El3O94—STAPLES—ALAMEDA TO MORGAN\El3O94—STAPLES—ALAMEDA TO MORGAN A% "d 'mjm" 77, 4L 01111 Mop, `440 41 �,'77,7� NO,aj), PON, o)q 6f,- 411,,10) ,MORGA, & k, Y R, "vio"a moa Qw§)p/, W/ PROJECT LOCATION 'jf If 4 gTo ............. j ji j, Wall/ "A ON g, g I 4, 47- jp/"�,m 40 's &AW W 777- Alm N 1000 "d M, r: ft F A A ell, 41 "g(rIpp: 0 fm, g �Tj ell -qi /2 *41 0 Ali h, llww Vg, 0,1 P SM, p xf LOCATION MAP_ NOT TO SCALE PROJECT#E13094 STAPLES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FROM ALAMEDA TO MORGAN 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 N. Carancahua, Suite 1600, Corpus Christi, Nueces County,Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Staples Street from Alameda to Morgan (Project No. E13094) BOND ISSUE 2014—The Staples Street project limits are from north edge of Ayers Street to the south edge of Morgan Avenue. The anticipated construction work consists of reconstruction of the roadway, replacement of water lines, wastewater lines, City storm sewer, traffic signal at Elizabeth, reconstruction of curb and gutter sidewalks/driveways, and reconstruction of ADA accessible ramps. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense,to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Page 1 of 3 K%ENGINEERING DATAEXCHANGEWNGIEMISTREE RE13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC r , 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$604,670.00(Six Hundred Four Thousand Six Hundred Seventy 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However,the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112,to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering(A/E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGEVANGIEM ISTREETlE13094 STAPLES FROM ALAMEDATO MORGAN BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI HDR E GINEERING, INC. Mark Van Vleck, P. E., Date Carl E. Crull, P. E,, Date Interim Assistant City Manager Vice President of Public Works and Utilities 555 N. Carancahua, Suite 1600, Corpus Christi, TX 784011 (361) 696-3300 Office RECOMMENDED (361) 696-3385 Fax �Z7/j Daniel Biles, P. E., Date ENTERED, Executive Director of Public Works JAN 6 20114 00W ACT MANAGERS Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount Street 550950-3550-00000-E13094 $304,835.00 Wastewater 550950-4510-0!0000-E13094 77,957,10 Storm 'Water 550950-3494-00000-E13094 149,917.50 Water 550950-4068-00000-E13094 71,960.40 Total $604,670.00 Encumbrance Contract for Engineenng(AYE)SeMces Page 3 of 3 KAENGINEERING DATAEXCHANGE1ANGIEMISTREETIE13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2014tCONTRACT PROFESSIONAL SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "STAPLES STREET FROM ALAMEDA TO MORGAN" PROJECT NO. E13094 BOND ISSUE 2014 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) Prepare geotechnical investigation findings (see additional services). d) Request 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 recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. EXHIBIT"A" Page 1 of 12 Revised November 26,2013 K%Engineering DeteExchangeVWGIEMISTREE RE13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2 01 412 01 3-1 2-1 1_Staples Bond 2014 EXHIBIT A LARGE AE.doex P) 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 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, TDLR, etc. 6. �, r and a#est. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. I) Assimilate all City 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. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format 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) EXHIBIT"A" Page 2 of 12 Revised November 26,2013 K:1Engineering DetaExehangelANGIEMISTREET1E13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2014%2013-12-1 1 Staples Bond 2014 EXHIBIT A LARGE AE.doex e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. 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: 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 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 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, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. 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) 12mvide one (4) set of the pre final plans and bad desuments 0 h) Hold PFojert . Q-09A. meeting agenda and distFibute Fneeting w,eeteRg .—� A-#-etaQees Wat-h;n fi.,e 4AVefking-days of the Me9tiR, EXHIBIT"A" Page 3 of 12 Revised November 26,2013 K%Englneering DetsExchange%ANGIEMXSTREE RE130g4 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2014%2013-12-1 1 Staples Bond 2014 EXHIBIT A LARGE AE.docx i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 all submittals 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. See Exhibit "A-2"for required form. 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 electronic copy 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) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT"A" Page 4 of 12 Revised November 26,2013 K%Engineenng DataExchangelANGIEM%STREET1E130g4 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 201412013.12.11 Staples Bond 2014 EXHIBIT A LARGE AE.docx f) 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. g) Prepare Agenda Memoranda and 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 changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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 EXHIBIT"A" Page 5 of 12 Revised November 26,2013 K:Enginoenng DataExehangeUWGIEM%STREEI)E130S4 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2 01 412 01 3.12.11_Staples Bond 2014 EXHIBIT A LARGE AE.doac 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: in the ea 6. 1A1etlaAds Deline—ation ARd PeFmia rl TeFnPGFanl Dicnhaige_Derm# Q. e. NPDES Permit/Amendments (including SSC, NO[ NOT) ff Tev�+ GaMmffisseAn of Cnvirnnmental Quality (Tf`CQ) Permi4e.lAmendmep}r. . Tp crcv-n ..a.... vaa.a...a� . ..�..a� ............ ................ Texas Histerinal Commission (THG) �Io1 C Cie h .�nl WildliTe SenAne ( ICClA1C) i I I_C. Army P`nrnS of_Gnnin er-s ( SAGE I. Texas Department of Licensing and Regulation (TDLR ) M. Texas-General Land Ofrine (T-G Q) 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 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 6 of 12 Revised November 26,2013 K lEngineering DateExchangeWNGIEM%STREE nE73094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 201412013-12-11 Staples Bond 2014 EXHIBIT A LARGE AE.docx and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topographic Survey and PaFGel QesGrhAkmeR0W 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. 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 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. u �idwal signed and sealed paFrel maps and legal desGriptions fe 699A 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 7 of 12 Revised November 26,2013 K1Engineering DateExchange%ANGEEP&STREET%E 13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 201412013-12-1 1 Staples Bond 2014 EXHIBIT A LARGE AE.docx 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. EXHIBIT"A" Page 8 of 12 Revised November 26,2013 K%Engineenng DataExchangelANGIEMISTREF nE13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2014\2013-12-11_Stapies Bond 2014 EXHIBIT A LARGE AE.docx 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 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. 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. EXHIBIT"A" Page 9 of 12 Revised November 26,2013 K:Engineering DalaExchangelANGIEMISTREE TIE13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 201412013-12-11_Staples Bond 2014 EXHIBIT LARGE AE.docx 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 Target Dates pending city Schedule review schedules Activity Notice to Proceed January 27, 2014 NTP January 27, 2014 City provided Traffic assessment 45 days after NTP March 13, 2014 Draft ELR submittal 21 days after DELR Submittal April 3, 2014 City Review 21 days after City Review April 24, 2014 Final ELR submittal 90 days after Final ELR acceptance July 23, 2014 60% Design Submittal 21 days after 60% Design Submittal August 13, 2014 City Review n/a ° Design Subs;*W n/a 60 days after City Review October 13, 2014 100% Final Submittal 45 days after 100% Submittal November 26, 2014 Advertise for Bids 14 days after Advertisement December 10, 2014 Pre-Bid Conference 7 days after Pre-Bid December 17, 2014 Receive Bids 34 days after Bids are Received January 20, 2015 Contract Award 60 days after Contract Award March 11, 2015 Begin Construction 18 months after Construction Begins September, 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, A/E will submit monthly statements for services rendered. 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 12 Revised November 26,2013 K%Engineering DataExchangelANGIEMISTREE RE13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 20141201312-11_Staples Bond 2014 EXHIBIT A LARGE AE.docx Summary of Fees Basic Services Fees 1. Preliminary Phase $98,952 2. Design Phase $238,046 3. Bid Phase $15,700 4. Construction Administration Phase $77,000 Subtotal Basic Services Fees $429,698 Additional Services Fees (Allowance) 1. Permit Preparation $5,000 2. ROW Acquisition Survey $18,789 3. Topographic Survey and Parcel Descriptions* $53,671 4. Environmental Issues* $6,000 5. Public Involvement* $4,626 6. Subsurface Utility Investigation $40,756 7. Construction Observation Services To Be Determined 8. Warranty Phase $4,430 9. Landscaping Design $0 10. Traffic Signal Warrant Analysis* $5,500 11. Traffic Signal Design* $29,000 12. Review of Construction Value Engineering $7,200.00 Sub-Total Additional Services Fees Authorized $174,972 Total Authorized Fee $604,670 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 12 Revised November 26,2013 K1Engineertng DataExGsangelANGIEM%STREET%E13094 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 2014%2013-12-1 1—Staples Bond 2014 EXHIBIT A LARGE AE.docx STAPLES STREET FROM ALAMEDA TO MORGAN Project No. E13094 BOND ISSUE 2014 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $49,476.00 $12,863.76 $24,738.00 $11,874.24 98,952.00 2 Design Phase 119,023.00 30,945.98 59,511.50 28,565.52 238,046.00 3 Bid Phase 7,850.00 2,041.00 3,925.00 1,884.00 15,700.00 4 Construction Administration Phase 38,500.00 10,010.00 19,250.00 9,240.00 77,000.00 Subtotal Basic Services Fees 214,849.00 55,860.74 107,424.50 51,563.76 429,698.00 Additional Services Fees (Allowance) 1 Pemit Preparation 5,000.00 0.00 0.00 0.00 5,000.00 2 ROW Acquisition Survey 9,394.50 2,442.57 4,697.25 2,254.68 18,789.00 Topographic Survey aad-Rarse� 3 �s 26,835.50 6,977.23 13,417.75 6,440.52 53,671.00 4 EWronmental Issues 3,000.00 780.00 1,500.00 720.00 6,000.00 5 Public Involvement 2,313.00 601.38 1,156.50 555.12 4,626.00 6 Subsurface Utility Investigation 20,378.00 5,298.28 10,189.00 4,890.72 40,756.00 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 2,215.00 575.90 1,107.50 531.60 4,430.00 9 Landscaping Design 0.00 0.00 0.00 0.00 0.00 10 Traffic Signal Warrant Analysis* 2,750.00 715.00 1,375.00 660.00 5,500.00 11 Traffic Signal Design* 14,500.00 3,770.00 7,250.00 3,480.00 29,000.00 12 Review of Construction Value 3,600.00 936.00 1,800.00 864.00 7,200.00 Engineering Subtotal Additional Services Fees Autho 89,986.00 22,096.36 42,493.00 20,396.64 174,972.00 Total Authorized Fee 304,835.00 77,957.10 149,917.501 71,960.40 604,670.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 K%Engineenng DataExchango%ANGIEMISTREET1E13D94 STAPLES FROM ALAMEDA TO MORGAN BOND ISSUE 201412013-12-11_Staples Bond 2014 EXHIBIT A LARGE AE.docx Exhibit A-1 Task List HDR, Inc "STAPLES STREET FROM ALAMEDA TO MORGAN" PROJECT NO. E13094 BOND ISSUE 2014 I. SCOPE OF SERVICES The following scope of services appends Exhibit"A" of the Staples Street Bond 2014 contract. Any items of Exhibit"A" not intended to be appended by Exhibit"A-1" are listed as "NIA". The Staples Street project limits is from north edge of Ayers Street to the south edge of Morgan Avenue. The anticipated construction work consists of reconstruction of the roadway, replacement of City water lines, replacement of City waste water lines, replacement of City storm sewer, replacement of traffic signal at Elizabeth, reconstruction of curb and gutter, reconstruction of sidewalks/driveways, and reconstruction of ADA accessible ramps. 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) The purpose of the geotechnical report will be to provide recommendations for use during the design of the new roadway cross section(s). To accomplish this purpose, the following Scope of Basic Services includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing recommendations for use during design of the roadway typical sections. This scope is discussed in detail below. Field Exploration • Coordinate field activities with the City of Corpus Christi • Locate the proposed borings using a site plan and measurements from existing landmark(s); these locations will be recorded in the field using a hand-held GPS device • Contact Texas 811 to locate buried utilities within existing easements and right-of-ways • Provide traffic control during drilling including use of traffic control cones and a truck mounted electronic arrow board. Provide a traffic control plan prior to the field exploration • Mobilize a truck-mounted drilling rig to drill a total of 4 borings, spaced about 500 feet apart. One boring will be 20 feet in depth and 3 borings will be 10 feet in depth, as measured below existing grade • Sample the subsurface soil continuously to depths of 5 and 10 feet; and then every 5 feet thereafter; samples will be collected using either a tube EXHIBIT"A-1" Page 1 of 10 sampler, or a split spoon sampler in conjunction with the standard penetration test • Cut asphalt and concrete (if present) cores at 4 locations to the top of underlying base material (if present) or subgrade materials. Obtain sample of concrete, if present, for possible compressive strength testing • Observe for groundwater seepage during drilling and, if encountered, after a 10 minute waiting period • Backfill boreholes with soil cuttings and, as necessary, imported backfill material and repair asphalt with a cold patch upon completion The borings will be logged in the field by a geotechnical professional. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include: • Moisture content • Atterberg limits (liquid and plastic limits) • Percent passing No. 200 sieve • Dry density and moisture content • Unconfined compressive strength • Particle size gradation • pH and soil box resistivity • Soluble sulfate and chloride concentrations A/E will retain soil samples for 60 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes the following items. • Description of the field exploration and laboratory testing • Summary of laboratory test results • Discussion of subsurface soil and groundwater conditions • General discussion of the site geology • General discussion of excavations for utility lines replacement EXHIBIT"A-1" Page 2 of 10 • Discussion of potential soil movements, including calculated potential vertical rise (PVR) • Recommendations for reconstructed pavement section thickness including flexible (asphalt) pavement and rigid (concrete) pavement sections for a 30 year design life. • The flexible (asphalt) pavement section will include new pavement section(s) with complete reconstruction and pavement section(s) with full depth reclamation by cement treatment and reuse of existing asphalt and base material, if applicable. • The rigid (concrete) section will include one reinforced section and one plain (unreinforced) section. • Recommendations for preparation of the pavement subgrade, including alternatives for stabilization of clay subgrades • Earthwork recommendations, including backfill requirements • Plan of borings to scale illustrating the approximate location of each boring • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information • One bound copy and one electronic copy of the report d) N/A e) N/A f) A maximum of 1 life cycle scenarios will be run for the project to include HMAC and PCCP pavement sections. Maintenance intervals to be used in the FHWA Real Cost Program will jointly be established by the City and A/E. g) N/A h) N/A i) The drainage areas studied for the project are the current contributing areas along the centerline of Staples St from Ayers to Morgan. A tail water elevation from the new trunk line under Morgan Street will be used for the design of the proposed Staples Street storm sewer within the previous stated limits. j) N/A k) N/A 1) N/A m) N/A n) N/A o) Obtain existing Staples traffic data from the City. Request appropriate intersection volume and traffic data from the City to perform a signal warrant study for the intersection at Elizabeth and Staples. p) 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. q) N/A r) N/A EXHIBIT"A-1" Page 3 of 10 s) One four hour meeting is assumed for the preliminary review meeting of the draft ELR. t) N/A u) Two 3-hour meetings are assumed for the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). If the Bicycle and Pedestrian Subcommittee and/or TAC comments result in significant changes to the original scope of the project, the Staples 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 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) N/A h) Schedule project review meetings and invite appropriate attendees. i) Authorization form from City Engineering allowing the A/E to act as a "representative" of the City when coordinating with agencies as stated in Basic Services I.A.1.P.S. 2. Desian 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. Anticipated construction drawings are as follows: 1. General Sheets 2. Street and Storm Sewer Sheets 3. Water, Waste Water, and Gas Sheets 4. Storm Water Pollution Prevention Plan 5. Signing and Striping Sheets 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 Staples 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) City staff will: a) N/A EXHIBIT"A-1" Page 4 of 10 b) N/A c) N/A 3. Bid Phase a) N/A b) c) N/A d) N/A e) N/A f) N/A g) 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 e) Provide electronic document template for Authorization to Advertise (ATA). f} Provide electronic document template for Agenda Memoranda for City Council Meeting. 4. Construction Administration Phase a) N/A b) N/A c) N/A d) N/A e) Routine project site visits will utilize a weekly maximum of 5 hours. Site visits to resolve issues with the design will not be included in the 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 i) N/A City staff will: a) N/A b) 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 F BIT"A-1"ge5of10 2) Right-of-Way (ROW)Acquisition Survey A/E will provide ROW acquisition surveys limited to 5 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 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. EXHIBIT"A-1" Page 6 of 10 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 Staples Street project limits. Coordinate these activities with A/Es of adjacent projects to avoid duplication. 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 E1527-05 standard report. 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 (TRIS) databases site, Facility Index Systems (FINDS)which are maintained by the US EPA. V) State Hazardous Waste Site (SHWS) 5) Public Involvement. N/A EXHIBIT"A-1" Page 7 of 10 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) 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. ii) Hydro Excavation — The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in four (4) specified areas through the project limit. Quality Level A involves the use of hydro equipment at critical points or specified areas to a depth not to exceed 8' along Staples, designated by A/E. A/E will 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 A 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 includes the cost for concrete/pavement cores before excavation and traffic control. The City has designated the J.C. Elliott Landfill as the designated disposal site for the hydro tailings (slurry from the excavated holes). 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 — A/E will coordinate with the City of Corpus Christi Gas Department will provide Quality Level C. A list of franchises within the Project area will be provided by the City. 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- 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) Warranty Phase—N/A EXHIBIT"A-1" Page 8 of 10 9) Landscaoing 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 Staples Street project. 10)Traffic Signal Warrant Analysis—Perform a warrant analysis for the intersection at Elizabeth and Staples utilizing the intersection volume and traffic data provided by the City. Tasks consist of: a) Coordinate with City to obtain information on study location, confirm scope of work and schedule, and provide updates on the progress of the project. b) Obtain turning movement counts during AM peak(7:00 AM to 9:00 AM) and PM peak (4:00 PM to 6:00 PM) at the intersection of Staples Street and Elizabeth Street. c) Conduct twenty-four-hour, bi-directional tube counts at the following locations: 1. Staples Street, north of Elizabeth Street 2. Staples Street, south of Elizabeth Street. 3. Elizabeth Street, east of Staples Street 4. Elizabeth Street, west of Staples Street d) Obtain crash data for the most recent five year period from the City. e) .Perform traffic signal warrant analysis based on the 2011 Texas MUTCD at the intersection of Staples Street and Elizabeth Street. f) Prepare a draft letter report summarizing the findings of the study for submission to the City. g) Submit a final report to the City addressing all previous comments. 11) Traffic Signal Design—Compile a traffic signal design for the intersection of Elizabeth and Staples Street. Tasks consist of: Signal Design a) Signal design modifications will be completed for the intersection of Staples Street and Elizabeth Street. b) Survey files for existing signal equipment, topography, utilities, and intersection geometry (including existing pavement markings)for the intersection will be provided by others. c) Conduct a field review of the existing intersections to note and verify existing traffic signal equipment, existing intersection geometrics, physical constraints, power connection, utility placement, and any other details necessary for signal plan preparation. d) Meet with the CITY to discuss signal design requirements specific to this project. One (1) meeting is assumed for budget purposes. e) Obtain existing signal plans, if available, for the intersection. This information will be provided by the CITY. f) Coordinate with Texas One Call System and CITY to locate all utilities in the field. g) Attend meeting in the field with CITY to locate and confirm locations of proposed controller and signal poles. One (1) meeting is assumed for budget purposes. h) Prepare 60% set of plans, quantity estimates, and cost estimates for the intersection. 60% plans will include traffic signal plan sets for the intersection, including pavement markings, signage, signal phasing, conductor conduit EXHIBIT"A-1" Page 9 of 10 schedules, elevation sheets, vehicle detection, foundation details, quantities, and communication equipment details necessary to facilitate traffic signal operations. i) Prepare 100% set of plans, which incorporate all previous comments and submit to CITY. j) Prepare 60% set of bid documents which will include the technical specifications for the signal design. The boiler documents for the bid documents will be provided by the City. k) Prepare a 100% FINAL set of bid documents addressing all City comments 1) Attend project review meeting with City and project team. Bid Services a) Assist the City in solicitation and review of bids related to traffic signals. b) Review pre-bid questions and submissions and assist in preparation of any addenda or other revisions related to traffic signals, if necessary. c) Attend bid opening. One (1) meeting is assumed for budget purposes. d) Assist in preparation of bid tabulation related to traffic signals. Construction Administration a) Participate in pre-construction meeting and provide interpretation and clarification of contract documents. One (1) meeting is assumed for budget purposes. b) Review shop drawing submittals of signal items from contractor. c) Address any questions from contractor regarding design and specifications. d) Assist in the preparation of change orders. e) Make visits to the site on a needed basis 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. A total of three (3)field visits are assumed for budgeting purposes. f) Participate in the final inspection with City staff. g) Prepare and submit record drawings. It should be noted that this proposal does not include construction observation services and this service would be handled as additional services, if required by the City. II. SCHEDULE Actual dates will be adjusted based on actual approvals as the project progresses. III. FEES N/A 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 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 $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 /$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 500,000/500,000/500,000 EXHIBIT"B" Pagel of 3 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 polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 EXHIBIT"B" Page 2 of 3 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 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER 1 O BE AS;S1GNE C�EW-CTT PURCHASING E71WYE;&ON City CITY OF CORPUS CHRISTI Corpus DISCLOSURE R OF INTEREST Christi City of Corpus Christi Ordinance 171 12, as amended reOUires all persons or firms seeking to do business with the City to provide the followin information. Every cpuestron must be answered" If the question is not applicable, answer with -NA". See rev crsc lade for Filing, Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering,lite. P. 0. BOX: N/A STREET ADDRESS: 555 N. Caraucahua, Suite 16$0 CITY: Corpus Christi ZI111: 78401 FIRM Ida: 1. Corporation 2. Partnership 8 3. Scale Owner �] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each `employee" of the City of Corpus C.ttr isti having an "ownership interest"constituting 3% or more of the ownership in the above named "firm." Name .lob Title and City Department(if known) 2. State the narnes of each "official" of the City of Corpus; Christi having... an "ownership interest" constituting 3%or more of tile ownership in the above named "firn7." Name .._ 'Title 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 4. State the 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 3%or more of the ownership in the above named "firm." Name .h�� Consultant FILING REQUIREMENTS If a person who requests official action oil a matter knows that the requested action will confer all economic benefit oil any City official or employee that is distinguishable from tlae effect that tile: ruction will have oil members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing;to,tlae City official, employee or body that has been requested to act in the matter, unless the interest of the City of or employee in the matter is a�paarcnt. TI le disclosure shall also be made in a signed writing; filed with the City Secretary. li,thics Ordinance Section 2- 4 (d}J CERTIF ICA'TION I certify that all infiormation 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 Pei-son: Carl E. C~rull,P.E. Title: 'Vice President (Type m Print) _.. .................. Signature of Certifying Date: Pei-son: alll ........ DEFINITIONS a. *Boa.rd member." A member of any 'hoard, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". Ara action that is likely to affect all economic interest if it is likely to have an effect oil that interest that is distinguishable from its ef'f'ect oil members of the public in general or a substantial segtment thereof. c. "Employce." 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. 'T'irm." 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 lar"m of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,wjoint Venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." Tile 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." f' "C'onsultaant.",Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Staples Street from Alameda to Morgan Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sty Engineering PROJECT LOCATION 2 Project Schedule Corpus Chr sti Engineering Project Estimate: 630 Calendar Days 21 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget PROJECT FUNDS AVAILABLE: Street Tax Notes Wastewater CIP Storm Water CIP Water CIP `Future 2014 General Obligation Bonds `Future Capital Improvements - Revenue Bonds (Utility) TOTAL FUNDS REQUIRED: `Construction (preliminary estimate) Contingency (10%) **Design Engineer - HDR (authorized services) Construction Materials Testing (TBD) Reimbursements TOTAL ESTIMATED PROJECT BUDGET BALANCE Corpus Chr sti Engineering $ 304,835.00 77,957.10 149,917.50 71 ,960.40 2,775,165.00 2,780,165.00 6,160,000.00 4,200,000.00 420,000.00 604,670.00 110,880.00 462,000.00 5,797,550.00 $ 362,450.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 � ... AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 'Ld7apr�M M1"'�'p xs Second Reading for the City Council Meeting of February 11, 2014 DATE: January 6, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Yorktown Boulevard from Lake Travis to Everhart CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $251,492.50 from Storm Water CIP Fund 3494, $129,876.10 from Wastewater CIP Fund 4510, $107,516.40 from Water CIP Fund 4479 to the Bond 2014 Street Project Yorktown Boulevard from Lake Travis to Everhart; increasing expenditures in the amount of $488,885.00; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of $994,290 for Yorktown Boulevard. from Lake Travis to Everhart for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with LNV, Inc. for Yorktown from Lake Travis to Everhart project so design work may begin in advance the November 2014 proposed bond election. BACKGROUND AND FINDINGS: This project includes reconstruction of an existing six lane roadway. Project limits include Yorktown Boulevard from approximately 200 feet north of Lake Travis Drive to the west edge of pavement for Everhart Road. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. Improvements include curb and gutter, sidewalks, driveways, ADA curb ramps, pavement markings, storm water, water and waste water improvements. ALTERNATIVES: 1. Authorize execution of the contract. 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. LNV, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $994,290.00 $7,685,710.00 $8,680,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $994,290.00 $0.00 $994,290.00 Future Anticipated Expenditures $0.00 $0.00 $7,317,240.00 $7,317,240.00 BALANCE $0.00 $0.00 $368,470.00 $368,470.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves from completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with LNV, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $251,492.50 from Storm Water CIP Fund 3494, $129,876.10 from Wastewater CIP Fund 4510, $107,516.40 from Water CIP Fund 4479 to the Bond 2014 Street Project Yorktown Boulevard from Lake Travis to Everhart; increasing expenditures in the amount of $488,885.00; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of $994,290 for Yorktown Boulevard. from Lake Travis to Everhart for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $251,492.50 in Storm Water Capital Improvement Program Reserves from Fund 3494, $129,876.10 in Wastewater Capital Improvement Program Reserves in Fund 4510, and $107,516.40 in Water Capital Improvement Program Reserves 4479 to the Yorktown Blvd. from Lake Travis to Everhart Bond 2014 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $488,885.00. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas for the Yorktown Blvd. from Lake Travis to Everhart project for design, bid, and construction phase services in the amount of $994,290.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Yorktown from Lake Travis to Everhart E13093 PROJECT FUNDS AVAILABLE: Street Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 505,405.00 Wastewater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 129,876.10 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 251,492.50 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 107,516.40 *Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3,834,595.00 *Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... ... ... 3,851,115.00 TOTAL............................................................................................ 8,680,000.00 FUNDS REQUIRED: *Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5,918,181.82 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 591,818.18 Design Fees: **Design Engineer - LNV (authorized services) ... ... ... ... ... ... ... ... ... ... ... ... ... 994,290.00 Construction Materials Testing (TBD) 156,240.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... 195,300.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... ... . 303,800.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 108,500.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 43,400.00 TOTAL............................................................................................ 8,311,530.00 ESTIMATED PROJECT BUDGET BALANCE......................................... $ 368,470.00 *will be required only if construction is approved by City Voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING DATAEXCHANGE\JORGEC2\JORGEC\MISC\EXHIBITS\EXHE13093\EXHE13093 P Nfl-, p/ gl�`I�l e I �t *At, 40 qmog p arl o S, N Af A 4/2'w", PROJECT LOCATION y jgx/ pur /l/l jj g �Np 000 11114�?l t U0 Elk- Rill At tb........... f L A 1/1 If "K, s of, A 0f Qp,,�),' 'All SON%," .............. I, LOCATION MAP- NOT TO SCALE PROJECT#E13093 YORKTOWN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FROM LAKE TRAVIS TO EVERHART 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—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Yorktown Boulevard from Lake Travis to Everhart(Project No. E13093) BOND ISSUE 2014— This project includes reconstruction of an existing six lane roadway. Project limits include Yorktown Boulevard from approximately 200 feet north of Lake Travis Drive to the west edge of pavement for Everhart Road. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. Improvements include curb and gutter, sidewalks, driveways, ADA curb ramps, pavement markings, storm water, water and waste water improvements. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense,to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(AIE)Services Page 1 of 3 K1ENGINEERING DATAEXCHANGEVWGIEMISTREE RE13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements asset 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 $994,290 (Nine Hundred Ninety Four Thousand Two Hundred Ninety 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings,contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Engineering(A!E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGEIANGIEMISTREET 1E73093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI LNcc 7X/1z Mark Van Vleck, P. E., Date ' Leyendecker, P. E., 4al Interim Assistant City Manager resident of Public Works and Utilities 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office RECOMMENDED (361) 883-1986 Fax Daniel Biles, P. E., Date' ENTERED Executive Director of Public Works JAN 2 2014 CONTRACT MANAGERS Operating Department Date APPROVED, Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount Street 550950-3550-00000-F13093 $505,,405.00 Wastewater 550950-4910-00000-E13093 1291,876.10 Storm Water 550950-3494-00000-E1 3093 251,492.50 Water 550950-4479-00000-El 3093 107,515.40 Total $,994,290.00 Encumbrance Contract for Engineering(A/E)Services Page 3 of 3 K ENGINEERING OA"rAEXCHANGE4ANGIEMP STREET E13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 2014kCONTRACT PROFESSIONAL SERVICES DOC EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS YORKTOWN BOULEVARD—LAKE TRAVIS TO EVERHART Project No. E13093 BOND ISSUE 2014 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) Prepare geotechnical investigation findings (see additional services). d) Request 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 recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) 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 11 Revised November 26,2013 K1Engineering DataExchengeVWGIEMISTREET%E13093 YORKTOWN FROM LAKE TRAVIS TO EVERKART BOND ISSUE 20141Exhibit Ad0C 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical,construction,and geotechnical issues;meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. " "and effe 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table& required ROW parcels. q) Submit one(1)copy in an approved electronic format,and one(1)paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City 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. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format 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) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. 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. An unauthorized use or distribution of the records provided under this contract is strictly prohibited. EXHIBIT"A" Page 2 of 11 Revised November 26,2013 K%Engineaing DataExchange%ANGIEMISTREET1E13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 2014Txhibit A.daa 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). 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 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 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', list of proposed standard and technical specifications, project checklist&drawing checklist which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60%submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Prn-yodq ane (1) set of the pFe final plans and bed documents 0 submittal h) Hold PFejerat 0 Fneetings te attendees within five WGFkiR@ days of the meeting. Assimilate all Fevie i) Provide one(1) set of the final (100%) plans(unsealed and unstamped-electronic and full-size hard copy 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 copy 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 11 Revised November 26,2013 K1Engineering DalaExchangelANGIEWSTREEME13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibil A.doe 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 all submittals 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. See Exhibit"A-2"for required form. 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 electronic copy 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) Prepare draft Authorization to Advertise(ATA) b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) 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. g) Prepare Agenda Memoranda and 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. EXHIBIT"A" Page 4 of 11 Revised November 26,2013 K1Engineering DetaExchangeANGiEM%STREET%E13O93 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibit Adx 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 Fneeting 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 inteFpFetatiens interest.nef the reAtFaGt. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, provide p and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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 construction phase. 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 EXHIBIT"A" Page 5 of 11 Revised November 26,2013 K:1Engineering DataExchange%NGIEMISTREET1E13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141EXhibit A doc 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 e. TPDES "1°�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 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) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. e) 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. f) 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 EXHIBIT"A" Page 6 of 11 Revised November 26,2013 K:1Engineehng DataExchangeVWGIEMISTREE nE13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibit Adac fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the final submittal. 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 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. w M11 u ly. All existing .M. s#-bA 14hGWn. PFepaFe individual signed and sealed paFGel maps and legal deSGFiPti9AI;fGF thA Fni o 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 EXHIBIT"A" Page 7 of 11 Revised November 26,2013 K:1Engineering DataExehangeVWGIEMISTREET%E13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibit A.doc contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investiaation 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 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 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. 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. EXHIBIT"A" Page 8 of 11 Revised November 26,2013 K%Engirteering DataExchange%ANGIENRSTREET1E13093 YORKT0INN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibit A.doe 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 January 29, 2014 NTP City provided Traffic February 4, 2014 assessment March 25, 2014 Draft ELR Submittal April 8, 2014 City Review A ril 22, 2014 Final ELR Submittal April 22, 2014 NTP with Design Phase July 21, 2014 60% Design Submittal August 4, 2014 City Review % September 26, 2014 100% Final Submittal October 13, 2014 City Review November 7, 2014 Final Submittal Sealed TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD 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.14 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, A/E will submit monthly statements for services rendered. 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 9 of 11 Revised November 26,2013 KAEngineedng DataExchangeNNGIEM%STREE RE13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exh W Adoc Summary of Fees Basic Services Fees 1. Preliminary Phase $180,200 2. Design Phase $420,100 3. Bid Phase $10,700 4. Construction Administration Phase $70,500 Subtotal Basic Services Fees $681,500 Additional Services Fees (Allowance) 1. Permit Preparation $10,960 2. ROW Acquisition Survey& Parcel Descriptions To Be Determined 3. Topographic Survey and PaFeel $88,600 4. Environmental Issues* To Be Determined 5. Public Involvement* $19,700 6. Subsurface Utility Investigation $86,170 7. Construction Observation Services To Be Determined 8. Warranty Phase $9,660 9. ROW Identification Survey $10,340 10. Offsite Storm Water Desi n $15,000 11. Traffic Si nalization Design To Be Determined 12. Traffic StuLdy $15,000 13. Televise Storm Water Trunk Line $12,500 14. Televise Wastewater Trunk Line $13,400 15. Geotechnical Investi ation & Recommendations $31,460 16. Materials Testing Services To Be Determined Sub-Total Additional Services Fees Authorized $312,790 Total Authorized Fee $994,290 "Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 10 of 11 Revised November 26,2013 K%Engineering DataExchangeWNGIEMISTREE RE13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibit A.doe YORKTOWN FROM LAKE TRAVIS TO EVERHART Project No. E13093 BOND ISSUE 2014 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Wager Total Basic Services Fees 1 Preliminary Phase $90,100.00 $23,426.00 $45,050.00 $21,624.00 180,200.00 2 Design Phase 210,050.00 54,613.00 105,025.00 50,412.00 420,100.00 3 Bid Phase 5,350.00 1,391.00 2,675.00 1,284.00 10,700.00 4 Construction Administration Phase 35,250.00 9,165.00 17,625.00 8,460.00 70,500.00 Subtotal Basic Services Fees 340,750.00 88,595.00 170,375.00 81,780.00 681,500.00 Additional Services Fees (Allowance) 1 Pemit Preparation 10,960.00 0.00 0.00 0.00 10,960.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 TBD Topographic Survey ate!-Pa,fsel 3 44,300.00 11,518.00 22,150.00 10,632.00 88,600.00 4 1 EmAronmental Issues 0.00 0.00 0.00 0.00 0.00 5 Public Involvement 9,850.00 2,561.00 4,925.00 2,364.00 19,700.00 6 Subsurface Utility Investigation 43,085.00 11,202.10 21,542.50 10,340.40 86,170.00 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 4,830.00 1,255.80 2,415.00 1,159.20 9,660.00 9 ROW Identification Surrey 5,170.00 1,344.20 2,585.00 1,240.80 10,340.00 10 10ffsite Storm Water Design 0.00 0.00 15,000.00 0.00 15,000.00 11 Traffic Signalization Design 0.00 0.00 0.00 0.00 TBD 12 Traffic Study 15,000.00 0.00 0.00 0.00 15,000.00 13 Televise Storm Water Trunk Line 0.00 0.00 12,500.00 0.00 12,500.00 14 Televise Wastewater Truck Line 0.00 13,400.00 0.00 0.00 13,400.00 15 Geotechnical Investigation & 31,460.00 0.00 0.00 0.00 31,460.00 Recommendations 16 1 Materials Testing Services 0.00 0.00 0.00 0.00 TBD Subtotal Additional Services Fees Autho 164,655.00 41,281.10 81,117.50 25,736.40 312,790.00 Total Authorized Fee 505,405.00 129,876.101 251,492.50 107,516.40 994,290.00 EXHIBIT"A" Page 11 of 11 Revised November 26,2013 K1Engineering DataExchange\ANGIEIMSTREETIE13093 YORKTOWN FROM LAKE TRAVIS TO EVERHART BOND ISSUE 20141Exhibd A.doc EXHIBIT "A-1" (Provides supplemental description to Exhibit'A'. Task List does not supersede Exhibit'A'.) CITY OF CORPUS CHRISTI, TEXAS YORKTOWN BOULEVARD — LAKE TRAVIS TO EVERHART Project No. E13093 TASK LIST Basic Services 1) Project limits include Yorktown Boulevard from approximately 200 feet north of Lake Travis Drive to the west edge of pavement for Everhart Road.These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. 2) Perform field investigations and field 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 departments. 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) Develop preliminary typical street sections. 7) Prepare conceptual life-cycle cost analysis comparing estimated life-cycle costs for flexible pavement and rigid pavement using FHWA RealCost program. 8) Prepare preliminary hydrologic and hydraulic analyses for storm water runoff for 25-year design storm and check 100-year extreme event. 9) 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. 10) 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. EXHIBIT"A-1" Page 1 of 6 11) Assist the City in presenting findings to the Bicycle and Pedestrian Subcommittee and Transportation Advisory Committee. Prepare PowerPoint presentation, handouts and exhibits for meeting and provide follow-up response to comments. 12) Participate with staff at two (2) public information meetings (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 13) Prepare final hydrologic and hydraulic analyses for storm water runoff based on 25-year design storm frequency runoff coefficients, times of concentration, rainfall intensities and drainage areas utilizing WinStorm or HEC-RAS software. Hydraulic gradient will be reflected in the construction drawings. Also check 100-year extreme event. 14) Develop construction drawings in English units in 11"x 17"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 • Storm Water Plan & Profile • Storm Water Laterals • Storm Water Details • Water and Wastewater Plan & Profile • Water and Wastewater Details • Wastewater Laterals • Street Plan & Profile • Street and Paving Details • Curb, Gutter and Sidewalk Details • Driveway Details • Curb Ramp 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 EXHIBIT"A-1" Page 2 of 6 15) Prepare opinion of probable construction costs including contingency amounts. 16) Prepare Contract Documents to include front-end (Division 00 and 01) EJCDC documents adopted by the City, standard specifications and technical specifications. 17) 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. 18) Address comments received from the City for the 60% design submittal. 19) Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting final 100% development of the plans and contract documents (unsealed). 20) Address comments received from the City for the final submittal. 21) Provide final (signed and sealed) plans and contract documents to the City for bidding process. , 22) Update the opinion of probable construction costs. 23) 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). 24) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 25) Provide Construction Administration Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 26) 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. EXHIBIT"A-1" Page 3of6 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 AND PARCEL DESCRIPTIONS SCOPE AND FEE TO BE DETERMINED 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. ENVIRONMENTAL ISSUES SCOPE AND FEE TO BE DETERMINED PUBLIC INVOLVEMENT 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting two public information meetings. 3) Assist the City with follow-up and response to citizen comments. EXHIBIT"A-1" Page 4 of 6 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". CONSTRUCTION OBSERVATION SERVICES SCOPE AND FEE TO BE DETERMINED 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. RIGHT-OF-WAY IDENTIFICATION SURVEY Locate property corners to the degree necessary to identify the existing right-of-way lines along the project corridor. All work will comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work will be tied to and in conformance with the City's Global Positioning System (GPS) control network. OFFSITE STORM WATER DESIGN Perform hydrologic and hydraulic analyses and prepare final design drawings for improvements to the storm water infrastructure beyond the Yorktown Boulevard right-of-way. TRAFFIC SIGNALIZATION DESIGN SCOPE AND FEE TO BE DETERMINED TRAFFIC STUDY Analyze traffic counts (to be provided by the City) along Yorktown Blvd. between Lake Travis Dr. and Everhart Rd. Prepare projection of average daily traffic(ADT) for 30-year pavement design. TELEVISE STORM WATER TRUNK LINE Televise existing storm water pipes and box culverts in Yorktown Boulevard between Lake Travis Drive and Everhart Road. Cleaning and/or removing obstructions in the storm water pipes and box culverts is not included in this scope of work. EXHIBIT"A-1" Page 5 of 6 TELEVISE WASTEWATER TRUNK LINE Televise existing wastewater pipes and manholes in Yorktown Boulevard between Lake Travis Drive and Everhart Road. This scope of work includes cleaning the wastewater lines prior to televising. GEOTECHNICAL INVESTIGATION AND RECOMMENDATIONS Obtain pavement cores and sample, identify and measure the pavement constituents at approximately 18 locations. In addition to the pavement cores, perform borings at approximately nine locations. It is anticipated that five borings will be to termination depth of 20 feet and four borings will be to termination depth of 5 feet within the roadway corridor. MATERIALS TESTING SERVICES Sample and test materials to be incorporated into the project improvements as identified in the drawings and specifications. Schedule and frequency of testing will be as indicated in the drawings and specifications. EXHIBIT"A-1" Page 6 of 6 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 fumish 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 $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 /$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 500,000/500,000/500,000 EXHIBIT"B" Page 1 of 3 • � Y' Y 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 polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 EXHIBIT"B" Page 2 of 3 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 M to CO W -I 2.A Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete _ $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER TO BE ASSIGNED BY CUT"' _ = 11URCIIASING DIVISION City CITYOF CORPUS CHRISI'T Corl.,nis DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 171.12, as amended, requires all persons or firms seeking to do business with the City to �rovide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing 1�equirements, Certifications and definitions.. COMPANY NAME: LNV, INC.. __ CORPUS 78408 STREET ADDRESS: 801 NAVIGATION,SUITE 300 CITY: CHRISTI ZIP: FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner El 4, Association 3. tither la e DISCLOSURE QUESTIONS If additional space is necessary, please use tlae reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Ctrlsti havin an "ownership interest"constituting 3% or more o1 the ownership in the above named "firm.' Name .lob 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 3. State the names of each `.`board member" of the City of Corpus Christi having an `.`ownership interest"constituting 3°%'ta or more of the ownership in the above named "`firm." Name Board, Commission or Colrtmittee 4. State the 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""constitute g 3% or more of the ownership in the above named "Final_" ]Name Consultant A0 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, elliplo ee or body that has been requested to act in the matter, unless the interest of the City 211cial or employee in the matter is 4 parent. The disclosure shall also be rnade in a signed writing filed with the City Secretary. 1TAhics 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 pro ptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: DAN S. LEYE;ND KER, P.E. /1 litte: PRESIDENT (Type or Print) I Signature of Ce ifying Date: Person: —416 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,'"Fexas. b. "Economic benefit", An action that is likely to affect an econornic interest if it is likely to have an effect oil that interest that is distinguishable from its effect on members ofthe 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. c. "Official." 'I'lle Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division I-leads, and Municipal Court Judges ofthe City of Corpus Christi, Texas. f, "'Ownership Interest." Iegal or equitable interest, whether actually or constructively held, in a firm, including when such interestt is held through an agent, trust, estate, or holding entity, '*Constructively field" 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 Cot-pus (7hristi for the purpose of professional consultation and recommendation. Yorktown Boulevard from Lake Travis to Everhart Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering PROJECT LOCATION 2 Project Schedule Corpus Chr sti Engineering Project Estimate: 630 Calendar Days 21 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget PROJECT FUNDS AVAILABLE: Street Tax Notes Wastewater CIP Storm Water CIP Water CIP *Future 2014 General Obligation Bonds *Future Capital Improvements - Revenue Bonds (Utility) TOTAL FUNDS REQUIRED: *Construction (preliminary estimate) Contingency (10%) **Design Engineer - LNV (authorized services) Construction Materials Testing (TBD) Reimbursements TOTAL ESTIMATED PROJECT BUDGET BALANCE Corpus Chr sti Engineering $ 505,405.00 129,876.10 251 ,492.50 107,516.40 3,834,595.00 3,851 ,1 15.00 8,680,000.00 5,918,181.82 591 ,818.18 994,290.00 156,240.00 651 ,000.00 8,31 1 ,530.00 $ 368,470.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 se .....,. AGENDA MEMORANDUM ` First Reading for the City Council Meeting of January 28, 2014 µrya Second Reading for the City Council Meeting of February 11, 2014 DATE: January 6, 2013 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E. Interim Assistant City Manager of Public Works and Utilities markvv@cctexs.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Morgan Avenue from Ocean to Staples CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $141,471.25 from Storm Water CIP Fund 3494; $73,565.05 from Wastewater CIP Fund 4510; $67,906.20 from Water CIP Fund 4088 to the Bond 2014 Street Project Morgan Avenue from Ocean Drive to Staples Street; increasing expenditures in the amount of $282,942.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Coym, Rehmet & Gutierrez Engineering, L.P. from Corpus Christi, Texas in the amount of $568,425.00 for Morgan Avenue from Ocean Drive to Staples Street for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute an Engineering Design Contract with Coym, Rehmet & Gutierrez Engineering, L.P. for Morgan from Ocean Drive to Staples Street so design work may begin in advance of the November 2014 proposed bond election. BACKGROUND AND FINDINGS: This project includes reconstruction of the existing four lane (C-3 Collector) roadway. Improvements will include curb and gutter, sidewalks, driveways, ADA curb ramps, pavement markings, storm water improvements, minor water improvements and minor wastewater improvements. The proposed street section and lane configuration for this project shall conform to that which was designed for the adjacent Bond 2012 Morgan Avenue project from Staples Street to Crosstown Expressway. Right-of- way expansion is not anticipated. ALTERNATIVES: 1. Execute the Engineering Design Contract with Coym, Rehmet & Gutierrez Engineering, L.P. as proposed. 2. Do not execute the Engineering Design Contract with Coym, Rehmet& Gutierrez Engineering, L.P. as proposed. (Not Recommended) OTHER CONSIDERATIONS: Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. CONFORMITY TO CITY POLICY: The Engineering Design Contract 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: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $568,425.00 $6,571,575.00 $7,140,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $568,425.00 $0.00 $568,425.00 Future Anticipated $0.00 $0.00 $6,268,920.00 $6,268,920.00 Expenditures BALANCE $0.00 $0.00 $302,655.00 $302,655.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves remaining in older bond funds and completed projects. Design is scheduled to be at least 30% complete prior to City Council approval of a final ballot list. Construction will proceed only upon voter-approval of projects in a November 2014 General Obligation Bond Election. The utility design work is being financed through unencumbered funds remaining in older utility revenue bonds resulting from competed projects and remaining interest proceeds. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with Coym, Rehmet & Gutierrez Engineering, L.P. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amount of $141,471.25 from Storm Water CIP Fund 3494; $73,565.05 from Wastewater CIP Fund 4510; $67,906.20 from Water CIP Fund 4088 to the Bond 2014 Street Project Morgan Avenue from Ocean Drive to Staples Street; increasing expenditures in the amount of $282,942.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Coym, Rehmet & Gutierrez Engineering, L.P. from Corpus Christi, Texas in the amount of $568,425.00 for Morgan Avenue from Ocean Drive to Staples Street for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $141,471.25 in Storm Water Capital Improvement Program Reserves, $73,565.05 in Wastewater Capital Improvement Program Reserves, and $67,906.20 in Water Capital Improvement Program Reserves to the Morgan Avenue from Ocean to Staples Bond Issue 2014 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures by $282,942.50. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract for the Morgan Avenue from Ocean to Staples project for design, bid, and construction phase services in the amount of $568,425.00 with Coym, Rehmet & Gutierrez Engineering, L.P. from Corpus Christi, Texas ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Morgan from Ocean to Staples E13090 PROJECT FUNDS AVAILABLE: Street Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 285,482.50 Waterwater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 73,565.05 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 141,471.25 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 67,906.20 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3,284,517.50 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 3,287,057.50 TOTAL......................................................................................... 7,140,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 4,868,181.82 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 486,818.18 Design Fees: **Design Engineer - Coym, Rehmet & Gutierrez(authorized services) ... ... . 568,425.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 128,520.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 107,100.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 606,900.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 35,700.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 35,700.00 TOTAL......................................................................................... 6,837,345.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 302,655.00 * Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING\MPROJECT\COL1NCIL EXHIBITS 2014\E13090-MORGAN-OCEAN TO STAPLE&E13090-MORGAN-OCEAN TO STAPLES Will, am 00, IN I, pr g',", 1111, 'J rgdr 3/1"d 021, j 0 MY 0) W1,1111,I �A iit IF J, IS rim ZZ, d 1119110 am, *w" 0 Ill' ,fiomm ;f PROJECT LOCATION NO '111 IF "3111011C ar Ig 61) 41 44 INV r u, '71 1,1141 IFNI to is s� / rrr n. hat WE OWN 'Ip" 1,310 It qp P(141111 Jr 1/1 91 Ut 5A _14 ff W i �a kjiio, 40 41 0 ik/ 77 J) A10�m INV/1W e71/Py/ a talc A Moil, j 0/010 12/maimmopo "lic, 0/t, sdl'q A,c d F MiNturry A Ia ia J/1"m w� igmi 7 w I N� 4F A"'Wo Wd// gwm/*421, A ;AIN Ama. w", z/ All orrl�l mute All "ems p/ /* ,p// p f/k/Y 6. Ilk YOF F/ 2 imall r%0m, LOCATION MAP NOT TO SCALE PROJECT#E13090 MORG A IN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST, TEXAS FROM OCEAN DR. TO S. STAPLES ST. DEPARTMENT OF ENGINEERING I 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 Covm, Rehmet & Gutierrez Engineering, L.P., a Texas corporation, 5656 S. Staples, Suite 230, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT Morgan Avenue from Ocean to Staples (Project No. E13090) BOND ISSUE 2014 — This project includes reconstruction of the existing four lane(C-3 Collector)roadway. Improvements will include curb and gutter, sidewalks, driveways, ADA curb ramps, pavement markings, storm water improvements, minor water improvements and minor wastewater improvements. The proposed street section and lane configuration shall conform to that which was designed for the adjacent Morgan Avenue project from Staples Street to Crosstown Expressway. Right-of-way expansion is not anticipated. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense,to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract,certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase,design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Page 1 of 3 KIENGINEERING DATAEXCHANGEWNGIEMISTREET\E1309O MORGAN FROM OCEAN TO STAPLES 8OND4SSUE 20141CONTRACT PROFESSIONAL SERVICESMOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements asset 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 $568,425.00, (Five Hundred Sixty Eight Thousand Four Hundred Twenty Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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. Contract for Engineering(A/E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGEVWGIEM%STREE RE13D90 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI COYM, REHMET & GUTIERREZ ENGINEERING L.P. Mark Van Vleck, P. E., Date Je d- , . / Date Interim Assistant City Manager 56U,W. applZ/Suite 230 of Public Works and Utilities Corpus Christi, TX 78411 (361) 991-8550 Office (361) 993-7569 Fax RECOMMENDED IM/1/1 ENTERED Daniel Biles, P. E., bate' Executive Director of Public Works JAN 3 2014 CONTRACT MANAGERS Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary _Pe partment Fund Source No. Amount Street CIP TN 550950-3550-00000-E13090 $285,482.50 -Wastewater CIP 550950-4510-00000-E13090 73,565.05 Storm Water CIP 5509503494-00000-E13090 141,471.25 Water CIP 550950-4065-00000-E13090 6'7,906.20 Total $568,425.00 Encumbrance Contract for Engineering(A/E)Services Page 3 of 3 K VENGINEERING Dry'AEXCIAANGE4ANGIEM STREET)EI3090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICEST)OC 1 , EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS "MORGAN AVENUE FROM STAPLES STREET TO OCEAN DRIVE" PROJECT NO. E13090 BOND ISSUE 2014 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 i neer-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) Prepare geotechnical investigation findings (see basic services). d) Request 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 recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. EXHIBIT"A" Page 1 of 12 Revised November 26,2013 K%Engineering DateExcha gelANGIEM%STREET\E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibit A Revised.docx L . P) 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 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. „ and affect- 7: Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City 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. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format 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) EXHIBIT"A" Page 2 of 12 Revised November 26,2013 K%Engineering DataExchangelANGIEMISTREET1E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibit A Revisod.docx e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. 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). 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 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 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, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. me (4) set of the pre final plans and bad dGeuments 0 ubmittal Fevoew and . . . . poses with re;'oised estimates of pr-ebable Gestr, Plan h) Held Prejert 0 cote to ni4 de m4thin the meeting ,„�et+ag--�eet+ngs--«�epa�es erk�g days of .,....y. EXHIBIT"A" Page 3 of 12 Revised November 26,2013 K1Engineering DataExchange%ANG1EMISTREET1E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141EM011 A Revised.docx i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 all submittals 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. See Exhibit uA-2"for required form. 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 electronic copy 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) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT"A" Page 4 of 12 Revised November 26,2013 K:IEngineeing DateExchange)ANGIEMISTREETIE13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibit A Revised.dou f) 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. g) Prepare Agenda Memoranda and 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 changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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 EXHIBIT"A" Page 5 of 12 Revised November 26,2013 K1Engineering DataExehangeWNGIEMISTREET1E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibit A Revised.doox r , e 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: ire-area Wanda C39"Reation and PeFlTlft. j. U.S. AFFAY GeFps of F=RgineeFS (USAGE-) kUnited States En�onnme ntal Drn}cnfinn AgennV ( SERA) 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 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 6 of 12 Revised November 26,2013 K%EngineMng DataExchange%ANGIEM%STREET1E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibit A Revised.docx and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 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 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 7 of 12 Revised November 26,2013 K:1Engineering DataExchange%ANGtEfASTREET1E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibit A Revised.docx 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. EXHIBIT"A" Page 8 of 12 Revised November 26,2013 K%Engineering DataExchango)ANGIEMISTREE nE13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 2014Txhibit A Revised.docx t 6. Subsurface Utility Investiaation 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. 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. EXHIBIT"A" Page 9 of 12 Revised November 26,2013 K%Engineering DataExchangeANGIEM%STREET1E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141Exhibil A Revised.dooc 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 NTP January 27, 2014 City provided Traffic assessment March 14, 2014 Draft ELR submittal March 28, 2014 City Review April 11, 2014 Final ELR submittal June 1, 2014 60% Design Submittal June 16, 2014 City Review August 15, 2014 100% Final Submittal August 29, 2014 City Review TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD 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, A/E will submit monthly statements for services rendered. 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 12 Revised November 26,2013 K%Engineedng DataExchange1ANGIEM%STREETVE13080 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 20141E41ibit A Revised.doex Summary of Fees Basic Services Fees 1. Preliminary Phase $126,740.00 2. Design Phase $208,480.00 3. Bid Phase $12,530.00 4. Construction Administration Phase $68,975.00 Subtotal Basic Services Fees $416,725.00 Additional Services Fees(Allowance) 1. Permit Preparation $2,540.00 2. ROW Acquisition Survey $25,090.00 3. Topographic Survey and Parcel Descriptions* $50,130.00 4. Environmental Issues* $4,100.00 5. Public Involvement* $8,820.00 6. Subsurface Utility Investigation $51,075.00 7. Construction Observation Services To Be Determined 8. Warranty Phase $9,945.00 Subtotal Additional Services Fees Authorized $151,700.00 Total Authorized Fee $568,425.00 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 12 Revised November 26,2013 K kEngineedng DataExchangeWNGIEMISTREEnE13080 MORGAN FROM OCEAN TO STAPLES BOND ISSUE 2014\Exhibit A Revised.doci MORGAN FROM OCEAN TO STAPLES Project No. E13090 BOND ISSUE 2014 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $63,370.00 $16,476.20 $31,685.00 $15,208.80 126,740.00 2 Design Phase 104,240.00 27,102.40 52,120.00 25,017.60 208,480.00 3 Bid Phase 6,265.00 1,628.90 3,132.50 1,503.60 12,530.00 4 Construction Administration Phase 34,487.50 8,966.75 17,243.75 8,277.00 68,975.00 Subtotal Basic Services Fees 208,362.50 54,174.25 104,181.25 50,007.00 416,725.00 Additional Services Fees (Allowance) 1 Pemit Preparation 2,540.00 0.00 0.00 0.00 2,540.00 2 ROW Acquisition Survey 12,545.00 3,261.70 6,272.50 3,010.80 25,090.00 3 Topographic Survey and Parcel 25,065.00 6,516.90 12,532.50 6,015.60 50,130.00 Descriptions 4 JEnvironmental Issues 2,050.00 533.00 1,025.00 492.00 4,100.00 5 Public Involvement 4,410.00 1,146.60 2,205.00 1,058.40 8,820.00 6 Subsurface Utility Investigation 25,537.50 6,639.75 12,768.75 6,129.00 51,075.00 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 4,972.50 1,292.85 2,486.25 1,193.40 9,945.00 Subtotal Additional Services Fees Authc 77,120.00 19,390.80 37,290.00 17,899.20 151,700.00 Total Authorized Fee 285,482.50 73,565.05 141,471.251 67,906.20 568,425.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 K kEngineering DataExchangeVWGIEM%STREET%E13090 MORGAN FROM OCEAN TO STAPLES BOND ISSUE20141Exhibit A Revised.docx 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 OCEAN DRIVE (EAST ROW OF STAPLES STREET TO WEST ROW OF OCEAN DRIVE) Basic Services: 1. Preliminary Phase c) Provide geotechnical investigation to include requirements for analysis of materials reuse and/or recycling, design parameters for flexible pavement and rigid pavement structures for 30-year design life spans. A/E shall hire a Geotechnical Consultant to insure that all recommendations and criteria meet the design expectations of the City. f) A life-cycle cost analysis will be performed utilizing the Federal Highway Administration (FHWA) Real Cost Program. The analysis will be for a design life of 30 years. The Consultant 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 TxDOT WinStorm 30 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 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 project limits and between Ocean Drive and the outfall into Corpus Christi Bay. m) The governmental agencies which will be contacted are: CCISD, RTA, USPS, City of Corpus Christi Police and Fire Departments. 2. Design Phase c) Coordinate and provide Freese and Nichols Engineering Firm with storm water conduit size for design purposes to be incorporated into the Bond 2012 Ocean Drive from Buford Street to Louisiana Parkway construction. Design and include in Morgan Avenue plans, an offsite storm sewer system to extend from Ocean drive to the outfall into the Corpus Christi Bay. EXHIBIT"A-1" Page 1 of 2 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. 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 18(eighteen) locations identified in a preliminary reconnaissance of the site. EXHIBIT"A-1" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $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/$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 500,0001500,000/500,000 EXHIBIT"B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials,. employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 M" 3 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 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER TO BE ASSIGNED BYCnT- PURCHASING DIVISION City o CITY OF CORPUS CHRISTI Corpus 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: COYM,REHMET&GUTIERREZ ENGINEERING,L.P. P.O.BOX: N/A CORPUS 78411 STREET ADDRESS: 5656 S.STAPLES,SUITE 230 CITY: CHRISTI ZIP: FIRM IS: 1. Corporation e 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) 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 Az JL 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 IV 4. State the names of each employee or officer of a"consultant" for the City of COITUS 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 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: JEFF COYM,P.E. Title: PARTNER (Type or Print) Signature of Certifying Date: l 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. Morgan Avenue from Ocean to Staples Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering 2 Project Schedule Corpus Chr sti Engineering Project Construction Estimate: 365 Calendar Days 12 Months * Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget PROJECT FUNDS AVAILABLE: Street Tax Notes Wastewater CIP Storm Water CIP Water CIP `Future 2014 General Obligation Bonds `Future Capital Improvements - Revenue Bonds Corpus Chr sti Engineering $ 285,482.50 73,565.05 141 ,471 .25 67,906.20 3,284,517.50 (Utility) 3,287,057.50 TOTAL FUNDS REQUIRED: `Construction (preliminary estimate) Contingency (10%) **Design Engineer- CRG (authorized services) Construction Materials Testing (TBD) Reimbursements TOTAL ESTIMATED PROJECT BUDGET BALANCE 7,140,000.00 4,868,181 .82 486,818.18 568,425.00 128,520.00 785,400.00 6,837,345.00 $ 302,655.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 Gd7apr�M M1ryp xs Second Reading for the City Council Meeting of February 11, 2014 DATE: January 9, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Carroll Lane from Houston to McArdle CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $130,075 from Storm Water CIP Fund 3494, $67,639 from Wastewater CIP Fund 4510, $62,436 from Water CIP Fund 4088 to the Bond 2014 Street Project Carroll Lane from Houston to McArdle; increasing expenditures in the amount of $260,150; and authorizing the City Manager, or designee, to execute an engineering design contract with Martinez, Guy & Maybik, Inc. from Corpus Christi, Texas in the amount of $534,420.00 for Carroll Lane from Houston to McArdle for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with Martinez, Guy & Maybik, Inc. for Carroll Lane from Houston to McArdle project so design work may begin in advance of the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project limits include Carroll Lane from Houston Street to McArdle Road, exclusive of the Gollihar Road intersection and the McArdle intersection. The anticipated construction includes reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb, gutter, sidewalks, driveways, and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design. ALTERNATIVES: 1. Authorize execution of the contract. 2. Do not authorized execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. Martinez, Guy & Maybik, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $534,420.00 $4,145,580.00 $4,680,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $534,420.00 $0.00 $534,420.00 Future Anticipated Expenditures $0.00 $0.00 $4,109,040.00 $4,109,040.00 BALANCE $0.00 $0.00 $36,540.00 $36,540.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves from completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with Martinez, Guy & Maybik, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $130,075 from Storm Water CIP Fund 3494, $67,639 from Wastewater CIP Fund 4510, $62,436 from Water CIP Fund 4088 to the Bond 2014 Street Project Carroll Lane from Houston to McArdle; increasing expenditures in the amount of $260,150; and authorizing the City Manager, or designee, to execute an engineering design contract with Martinez, Guy & Maybik, Inc. from Corpus Christi, Texas in the amount of $534,420.00 for Carroll Lane from Houston to McArdle for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $130,075 in Storm Water Capital Improvement Program Reserves from Fund 3494, $67,639 in Wastewater Capital Improvement Program Reserves from Fund 4510, and $62,436 in Water Capital Improvement Program Reserves from Fund 4088 to the Carroll Lane from Houston to McArdle Bond 2014 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $260,150. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with Martinez, Guy & Maybik, Inc. from Corpus Christi, Texas for the Carroll Lane from Houston to McArdle project for design, bid, and construction phase services in the amount of $534,420.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Carroll Lane from Houston to McArdle E13097 PROJECT FUNDS AVAILABLE: Street Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 274,270.00 Waterwater CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 67,639.00 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 130,075.00 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 62,436.00 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 2,065,730.00 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 2,079,850.00 TOTAL......................................................................................... 4,680,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3,190,909.09 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 319,090.91 Design Fees: **Design Engineer - MGM (authorized services) ... ... ... ... ... ... ... ... ... ... ... .. 534,420.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 84,240.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 70,200.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 397,800.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 23,400.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 23,400.00 TOTAL......................................................................................... 4,643,460.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 36,540.00 * Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 01,11111 1 �0,11`,I 00, 0�,A/`,V' ph ""A A A�6 oY4, Al Nk l" I k, 94,V'A"'a ow AI I'll"', A A 71 ZAI V v ooM"or 11pw , /V AiI,A su, Iw yk Z, PRO ECT LOCATION "/ 0 Zi 1 1�%.,Iy, , mp— , q rr* -Amp"" p -A, OVA,' ap :UAI A Ap j qg 'If '7AV A, AAA, A, lEY E LYN' wIl", R, A r. O l RQ "la A A ," W'sms, JA 9 PAR A,-0.4 -<,"g,A 'b"'e", A`,,� 119,„ w V m All pmk/ r/4"Iw", 4 A," A E '4011,A Jl 0 NhR 11101" /g, Af% All "N"',A AINY, I'll, A0 AA"m W f ,,/,/%Awl F/ Ig al AY, LOCATION MAP- NOT TO SCALE PROJECT#E13097 CITY COUNCIL EXHIBIT CARROLL CITY OF CORPUS CHRISTI, TEXAS FROM HOUSTON TO MCARDLE 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 (Executive Director of Public Works) and Martinez, Guy & Maybik, Inc., a Texas corporation, 6000 S. Staples, Suite 207, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Carroll Lane from Houston to McArdle (Project No. E13097) BOND ISSUE 2014— Project limits include Carroll Lane from Houston Street to McArdle Road, exclusive of the Gollihar Road intersection and the McArdle intersection. The anticipated construction includes reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb, gutter, sidewalk, driveways, and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense,to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Page 1 of 3 KIENGINEERING DATAEXCHANGE ANGIEMISTREE RE13D97 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "By, 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 $534,420.00, (Five Hundred Thirty Four Thousand Four 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 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. Contract for Engineering(A/E)Services Page 2 of 3 K XENGINEERING DATAEXCHANGE%ANGIEMISTREE RE13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112,to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI TINEZ;GU;Y r& AYBIK, INC. Mark Van Vleck, P. E., Date icardo Marti z, . E., Date Interim Assistant City Manager resident of Public Works and Utilities 6000 S. Staples, Suite 207 Corpus Christi, TX 78413 (361) 814-3070 Office RECOMMENDED (888) 653-5510 Fax Daniel Biles, P. E., Date ENTEREDC/"- Executive Director of Public Works JAN 13 2014 CONTRACT MANAGERS Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount Street 550950-3550-00000-E13097 $274,270.00 Wastewater 550950-4510-00000-E13097 67,639.00 Storm Water 550950-3494-00000-E13097 130,075.00 Water 550950-4088-00000-E13097 62,436.00 Total $534,420.00 Encumbrance Contract for Engineering(A/E)Services Page 3 of 3 K%ENGINEERING DATAEXCHANGEVWGIEMISTREET%E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICESMOC f I EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "Carroll Lane from Houston to McArdle" PROJECT NO. E13097 BOND ISSUE 2014 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 meetings to attendees within five working days of the meeting. C) Prepare geotechnical investigation findings . d) Request 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 recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. EXHIBIT"A" Page 1 of 12 Revised November 26,2013 K\Engineering DataExehange%ANGIEMISTREET%E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 2014XEXHIBIT A template 112613 no red lines.docx P) 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 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. PFevide an analysis on pFojert impaGts tewaicds " a##est. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City 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. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format 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) EXHIBIT"N' Page 2 of 12 Revised November 26,2013 K1Engineering DatsExchange%ANGIEMISTREETIE13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.doec e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. 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. 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). C) Prepare construction documents in City standard format for the work identified in the approved EI-R. 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 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 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, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) PFevide one (1) set ef the PFG-fiRall plans and bid deruments, 0 submittal - h) Hold l2FGjer# o EXHIBIT"A" Page 3 of 12 Revised November 26,2013 K%Engineenng DateExchangeWNGIEM%STREE nE13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.docx PaFt*GipantS 4e and, upon NotiGe to PFOGeed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 all submittals 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. See Exhibit "A-2"for required form. 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 electronic copy 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) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT"A" Page 4 of 12 Revised November 26,2013 K%Engirteedng DataExcha w%NGIEM%STREET1E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 rto red lines.docc f) 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. g) Prepare Agenda Memoranda and 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 changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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 EXHIBIT"A" Page 5 of 12 Revised November 26,2013 K%Engineering DataExchange\ANGIEMISTREEnE73097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.docx 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. , e-aFea b. C. I.Aletl-ands Delineation and PeFmi d. e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. ieses�e+ r h. i. j. k. I. Texas Department of Licensing and Regulation (TDLR ) M. n. 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 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 6 of 12 Revised November 26,2013 KlEnginaering DateExehangeANGIEM%STREE RE13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.do= and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topooraphia 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 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 7 of 12 Revised November 26,2013 K lEngineering DataExchange%ANGIEMISTREET1E13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.docx 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. EXHIBIT"A" Page 8 of 12 Revised November 26,2013 K%Engineering DatsExchenge%ANGIEMISTREET1E13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.docx 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 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. 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. EXHIBIT"A" Page 9 of 12 Revised November 26,2013 K%Engineering DataExchangoXANGIEMISTREET1E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.docx 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 December 17, 2013 NTP January 27, 2014 City provided Traffic assessment March 5, 2014 Draft ELR submittal March 19, 2014 City Review April 2, 2014 Final ELR submittal June 4, 2014 60% Design Submittal June 18, 2014 City Review NIA ° NIA August 6, 2014 100% Final Submittal October 13, 2014 Advertise for Bids October 22, 2014 Pre-Bid Conference October 29, 2014 Receive Bids December 10, 2014 Contract Award January 20, 2015 Begin Construction January 31, 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, A/E will submit monthly statements for services rendered. 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 12 Revised November 26,2013 K:1Engineering DateExehange%ANGIEM%STREE RE13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.doox Summary of Fees Basic Services Fees 1. Preliminary Phase $117,640.00 2. Design Phase $193,100.00 3. Bid Phase $10,810.00 4. Construction Administration Phase $61,570.00 Subtotal Basic Services Fees $383,120.00 Additional Services Fees (Allowance) 1. Permit Preparation $14,120.00 2. ROW Acquisition Survey None Anticipated 3. Topographic Survey and Parcel Descriptions* $57,350.00 4. Environmental Issues* $2,110.00 5. Public Involvement* $12,300.00 6. Subsurface Utility Investigation $57,320.00 7. Construction Observation Services To Be Determined 8. Warranty Phase $8,100.00 Sub-Total Additional Services Fees Authorized $151,300.00 Total Authorized Fee $534,420.00 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 12 Revised November 26,2013 K1Engineering DataExehangelANGIEMISTREET%E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.docx Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $58,820.00 $15,293.20 $29,410.00 $14,116.80 117,640.00 2 Design Phase 96,550.00 25,103.00 48,275.00 23,172.00 193,100.00 3 Bid Phase 5,405.00 1,405.30 2,702.50 1,297.20 10,810.00 4 Construction Administration Phase 30,785.00 8,004.10 15,392.50 7,388.40 61,570.00 Subtotal Basic Services Fees 191,560.00 49,805.60 95,780.00 45,974.40 383,120.00 Additional Services Fees (Allowance) 1 Pemit Preparation 14,120.00 0.00 0.00 0.00 14,120.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey and Parcel 28,675.00 7,455.50 14,337.50 6,882.00 57,350.00 Descriptions 4 En%ironmentalIssues 1,055.00 274.30 527.50 253.20 2,110.00 5 Public Involvement 6,150.00 1,599.00 3,075.00 1,476.00 12,300.00 6 Subsurface Utility Investigation 28,660.00 7,451.60 14,330.00 6,878.40 57,320.00 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 4,050.00 1,053.00 2,025.00 972.00 8,100.00 Subtotal Additional Services Fees Autho 82,710.00 17,833.40 34,295.00 16,461.60 151,300.00 Total Authorized Fee 274,270.00 67,639.00 130,075.00 62,436.00 534,420.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 K1Engineering DetsExchangetANGIEMISTREET1E13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20141EXHIBIT A template 112613 no red lines.doa 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 Carroll Lane from Houston to McArdle (Project No. E13097) The scope and fee presented herein, and on Exhibit "A" are based on the following: Estimated Project Budget: $4,680,000.00 Estimated Construction Budget: $3,510,000.00 Basic Services: 1) Project limits include: Carroll Lane from Houston Street to McArdle Road, exclusive of the Gollihar Road intersection and the McArdle intersection. 2) Contact Texas Excavation Safety System, Inc. (Texas811) to locate existing private and/or City utilities in the field, and coordinate with appropriate City operating department. 3) 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. 4) Attend and participate in project kickoff and planning 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 all pertinent information as described in Exhibit"A". 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform the engineering design of all improvements on the project, including the horizontal and vertical alignments of the roadway, underground storm EXHIBIT"A-1" Page 1 of 6 Revised A ril 2010 K%Engineering DataExchangelANGIEMISTREET1E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 2014TXHIBIT A-1 TASK LIST LARGE AE-E13097.docx water improvements, underground water, wastewater, and gas improvements, pedestrian and ADA improvements, signing, and striping, as determined to be part of the project per the planning meetings with City Staff. 11) Develop construction drawings in English units in 11" x 17 sheets, including but not limited to, 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) • Roadway Typical Sections • Roadway Plan & Profile • Drainage Area Map • Hydraulic and Hydrology Sheet(s) • Storm Water Plan & Profile • Storm Water Structure Improvements (as needed) • Storm Water Details • Water Line Plan & Profile • Water Line Details (as needed) • Sanitary Sewer Plan & Profile • Sanitary Sewer Details (as needed) • Sidewalk Details • ADA Curb Ramp Details • Pavement Marking and Signage Plan • Pavement Marking Details • Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Control Miscellaneous Details • Barricade and Construction Standards • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Details • Miscellaneous Details • City of Corpus Christi Storm Water Standards • City of Corpus Christi Water Standards • City of Corpus Christi Wastewater Standards • City of Corpus Christi ADA Standards 12) Prepare opinion of probable construction costs including contingency amounts. EXHIBIT"A-1" Page 2 of 6 Revised A dl 2010 K.XEngineering DateEx rhangelANGIEMISTREET%E13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20141EXHIBIT A-1 TASK LIST LARGE AE-E13D97.docx 13) 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 14) 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. 15) Address comments received from the City for the pre-final submittal. 16) 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. 17) Update the opinion of probable construction costs. 18) 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). 19) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Prepare monthly progress reports for submittal to the City. EXHIBIT"A-1" Page 3 of 6 Revised April 2010 K:1Engineering DataExchange1ANGIEM%STREET%S13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A-1 TASK LIST LARGE AE-E13097.docx 22) 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 needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated 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 traverse. 6) Perform topographic survey within project limits to be improved. Survey will include all topographic features within the survey limits plus a minimum of 50 linear feet along crossing streets. Street cross-sections along Carroll Lane will be shot at 50' intervals. 7) Cross-section existing drainage ditches within project limits at 100' 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. 11) Prepare AutoCAD drawing of topographic survey. EXHIBIT"A-1" Page 4 of 6 Revised April 2010 K%Engineering DataExchangelANGIEM%STREE-RE13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHISIT A-1 TASK LIST LARGE AE-E13097.docx 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 PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting two (2) public information meetings, one after the approval of the Final Engineering Letter Report, and one prior to construction. 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. SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) at sufficient locations to identify underground utilities. It is anticipated that up to 25 bore holes will be required to identify the underground utilities associated with this project. Subsurface Utility Engineering (S.U.E.) will be in accordance with "ASCE Standard C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data", and shall be in accordance with Section 8 under Additional Services in Exhibit "A". 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 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. EXCLUSIONS Specifically Excluded from Scope and Budget(to be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) EXHIBIT"A-1" Page 5 of 6 Revised April 2010 K1Engineenng DataExohange%ANGIENSTREETIE13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHISIT A-1 TASK LIST LARGE AE-E13097.docx The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: 1) Offsite storm water, wastewater, and waterline improvements. EXHIBIT"A-1" Page 6 of 6 Revised April 2010 K%Engineering DatoExchangeLANGIEMISTREET\E13097 CARROLL FROM HOUSTON TO WARDLE BOND ISSUE 20141EXHIBIT A-1 TASK LIST LARGE AE-E13097.docx 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 $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 /$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 500,0001500,000/500,000 M"B"of 3 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 polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 2of3 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 m miCD .LAP Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 'I Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 .0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER TO BE ASSIGNED BYCPPY- c PURCHASING DIVISION City of CITY OF CORPUS CHRISTI �; 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: Martinez,Guy&Maybik,Inc. P.O.BOX: NIA STREET ADDRESS. 6000 S.Staples,Suite 207 CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association if 5. Other DISCLOSURE QUESTIONS If additional space is necessar=y,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) 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 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 h q 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 subiect of this contract and has an ownership interest''constituting 3%or more of the ownership in the above named "firm." Name Consultant 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: Ricardo Martinez,P.E. Title: President (Type or Pri Signature of Certifyin Date: C C Person: DEFINI NS 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. Carroll Lane from Houston to McArdle Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering 2 Project Schedule Corpus Chr sti Engineering Project Estimate: 660 Calendar Days 22 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering PROJECT FUNDS AVAILABLE: Street Tax Notes $ 274,270.00 Wastewater CIP 67,639.00 Storm Water CIP 130,075.00 Water CIP 62,436.00 * Future 2014 General Obligation Bonds 2,065,730.00 * Future Capital Improvements - Revenue Bonds (Utility) 2,079,850.00 TOTAL 4,680,000.00 FUNDS REQUIRED: *Construction (preliminary estimate) Contingency (10%) Design Fees: 3,190,909.09 319,090.91 **Engineer (Martinez, Guy & Maybik) 534,420.00 Geotechnical Study and Testing (TBD) 84,240.00 Reimbursements 514,800.00 TOTAL 4,643,460.00 ESTIMATED PROJECT BUDGET BALANCE $ 36,540.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 � ... AGENDA MEMORANDUM First Reading for the City Council Meeting of January 28, 2014 'Ld7apr�M M1"'�'p xs Second Reading for the City Council Meeting of February 11, 2014 DATE: January 17, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv @cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Engineering Design Contract Gollihar Road from Staples Street to Weber Road CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $385,729.61 from Storm Water CIP Fund 3494, $82,064.93 from Wastewater CIP Fund 4510, $148,723.56 from Water CIP Fund 4088, and $30,878.76 from Gas CIP Fund 4555 to the Bond 2014 Street Project Gollihar Road from Staples Street to Weber Road; increasing expenditures in the amount of $647,396.86; and authorizing the City Manager or designee to execute an engineering design contract with Naismith Engineering from Corpus Christi, Texas in the amount of $1,192,395 for Gollihar Road from Staples Street to Weber Road for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with Naismith Engineering for Gollihar Road from Staples Street to Weber Road Project so design work may begin and the project is ready for construction by the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project limits include Gollihar Road from Staples Street (at the western curb return) to Weber Road (including the intersection, through to the western curb return). The anticipated construction work consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, traffic signal at Weber, reconstruction of curb and gutter, sidewalks/driveways and ADA accessible ramps. Requirements related to right-of-way, as well as the recommended roadway cross section will be determined during preliminary project design. ALTERNATIVES: 1. Authorize execution of the contract. 2. Do not authorize execution of the contract. (Not recommended) OTHER CONSIDERATIONS: Naismith Engineering of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond 2014 Street Projects, dated August 1, 2013. Naismith Engineering was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $1,192,395.00 $13,947,605.00 $15,140,000.00 Encumbered / Expended 0.00 0.00 $0.00 $0.00 Amount This item 0.00 1,192,395.00 $0.00 1,192,395.00 Future Anticipated 0.00 0.00 13,588,020.00 13,588,020.00 Expenditures BALANCE 1 $0.001 $0.001 $359,585.00 1 $359,585.00 Fund(s): Street Bond 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves remaining in older funds and from completed projects. Design is scheduled to be at least 30% complete prior to City Council approval of a final ballot list. Construction will proceed only upon voter-approval of projects in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with Naismith Engineering so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $385,729.61 from Storm Water CIP Fund 3494, $82,064.93 from Wastewater CIP Fund 4510, $148,723.56 from Water CIP Fund 4088, and $30,878.76 from Gas CIP Fund 4555 to the Bond 2014 Street Project Gollihar Road from Staples Street to Weber Road; increasing expenditures in the amount of $647,396.86; and authorizing the City Manager or designee to execute an engineering design contract with Naismith Engineering from Corpus Christi, Texas in the amount of $1,192,395 for Gollihar Road from Staples Street to Weber Road for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transferring capital reserves in the amounts of $385,729.61 from Storm Water CIP Fund 3494, $82,064.93 from Wastewater CIP Fund 4510, $148,723.56 from Water CIP Fund 4088, and $30,878.76 from Gas CIP Fund 4555 to the Gollihar Road from Staples Street to Weber Road Bond 2014 street project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $647,396.86 for the Gollihar Road from Staples Street to Weber Road Bond 2014 street projects. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with Naismith Engineering from Corpus Christi, Texas for the Gollihar Road from Staples Street to Weber Road Project for design, bid, and construction phase services in the amount of $1,192,395. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Gollihar Road Improvements from Staples to Weber FUNDS AVAILABLE: StreetTax Notes.................................................................................................. $544,998.15 WastewaterCIP................................................................................................... 82,064.93 Storm Water CIP................................................................................................. 385,729.61 WaterCIP.......................................................................................................... 148,723.56 GasCIP............................................................................................................. 30,878.76 • Future 2014 General Obligation Bonds................................................................... 7,025,001.85 • Future Capital Improvements - Revenue Bonds (Utility)............................................. 6,922,603.14 TOTAL.............................................................................................................. $15,140,000.00 FUNDS REQUIRED: *Construction (preliminary estimate)........................................................................ $11,072,727.27 Contingency (10%)............................................................................................... 1,107,272.73 Design Fees: **Design Engineer (Naismith Engineering) (authorized services) .................................. 1,192,395.00 Construction Materials Testing (TBD)....................................................................... 272,520.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................... 340,650.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................. 529,900.00 Finance............................................................................................................. 189,250.00 Misc. (Printing, Advertising, etc.)............................................................................. 75,700.00 TOTAL.............................................................................................................. $14,780,415.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $359,585.00 *Will be required only if construction is approved by City Voters in a future Bond Election **Includes geotechnical study and investigation KAENGINEERING GATAE'XCHAN E'�.1O C2ti,JORGEC1MISC\EX1 IBIT 1 XFIE13087J EX9IE13087 ,/, r1�' % , ! hN r �9rrN ror N/� �r/arr/nr , f y �r ,,,jm71"' �y'rar�/�.,,r r�'N,rl"��N/ N%a r/��%,4a� gip'�'i� q %N((Ir/ IN ":,r N �! r�l/✓ �; %//r /l :u/, o,r ,Ar r. rfi„' h r 1' ��,/r1O,v A 1�. /r r, „NN '` r / oily��J' / i ✓r f /YWIYK,I'r r �Il� " 1>"I" r tir ul// a �/c �,;; � �, .;i / � ,�/rr�i ,�,////: / � 1/�,, rl�� � �➢���1 �/„ r// //� far; / r� of/ �Y' �✓ � �, ,/ „//o, i �., � fr7� � �/�,V�, h111 �, � �;% r �l��, i �;..„✓,,, � ��/ % rJll lNalrc% i ro%aq ,,,, � „li✓��il,, � � ✓' ,,,,ri �a,illy, I rqf r:./�r n'�1//��Yxt�i." r � „r'?l lr r'r� �f/��ri r/'N>✓.: /�II, � �I„ -ll �' 1 /KUr l !� vni �l j> y% !' „/ °rr� ry �ir �l`!f�'�i�r�aw� r ,er �y m. <fr, 'O//iiNill/llIVfjp r 7 rr !i//��%r Y/ y„/i/ i y /'r fir, Vii, /r /, � 0 Nr N iXp m �r, 2 1 Ar / rr y� rrr� tp 1/;< ;� rlir,� "i”o wr I NF//7 G�j � � / l��alr /r„�� �!➢Ur/ Cllrr�//o� � �� � ji%//,/fir r a� y+f r 00s, A ' /i//' U �ifO1D i�c rl�r i� t i fU Off”, A& �l 'r G� %//����' �n�.yr�fk �jl: �.,. ' ,,,,e; � %� �rrr r %ff/ ':^✓/;,Y�/i„ rrf .�.. �/�ii�7, fir,`'. %11JJ�`,. r ” OVA" o%/r ✓i¢ ;t'�// ��iN �r �' %` "N✓- /// ,,, rr, /ll/��' �9y r � �jp, ,, " �r, I a�� � „ , 1.r/ ��. .r/i ,AS !////,r/. ",�if G , yi, y ,. ,%�i ,�'/� �- %� ;•� '������o � %//'1; /�o a�%�r/!ri A m/ rid r/tii i��/r r/'r r„ �a�/ r/ �I�N % r , /l l % r / /If / r %�/ � wyy ■r f" «�jn/ P AW. JE T L�..rP C /'/ Vii'f � ,, �' it r il�,Via/ ��✓,'w/N / r"� l! ,; � 7 //r /�'yi%Y �/%�, „�r �'�a �l r� 9 /%� Air I�,�(r, (/„/i ,, m r%cif ,,,��. r iii' � '” „Off ,,.e✓ /�%G ,r:,l,� /l, ��� r'� �,�/ "r/ /,�.,, ,,,%f�. �r,�. ,f//, I1%��. f%��. �,:, i, /r�� // ell 1S ri/ j; l /(; ,,; "✓/// % ,,,/%%� /i/,, i%/ %/ i,, � ' / //r/ LOCATION MAP NOT TO SCALE G 0 L L IHA Krw6 CITY COUNCIL EXHIBIT POF G CHRISTI,FROM STANCES TO WEBER AR SERVICES PAGE: I of I 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 (Executive Director of Public Works) and Naismith Engineering, Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County,Texas 78411, (Arch itectlEngineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Gollihar from Staules to Weber (Project No. E13087) BOND ISSUE 2014 —Project limits include Gollihar Road from Staples Street(at the western curb return)to Weber Road (including the intersection, through to the western curb return). The anticipated construction work consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, traffic signal at Weber, reconstruction of curb and gutter, sidewalks/driveways and ADA accessible ramps. Requirements for right-of-way and recommended roadway cross section will be determined during preliminary project design. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Page 1 of 3 KIENGINEERING DATAE XCHANGEIVELMAPISTREET%E130B7 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMrrHti1 CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "1399. 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 $1,192,395.00, (one million one hundred ninety two thousand three hundred ninety five dollars and zero cents}. Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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. Contract for Engineering( )Services Page 2 of K%E GINE RING DATAEXCHANGEWELMAP%STREEr03087 GOLLINAR FROM STAPLES TO WEBER BOND ISSUE 201MCONSULTANT CONTRACT IS ITH%l CONTRACT PROFESSIONAL SVICES.DOC 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI NAIS ITH ENGINE ING, INC. Mark Van Vleck, P. E., Date Gr t A.Iji oin, P. E., Date Interim Assistant City Manager Vice President for Public Works & Utilities 4501 Gollihar Road Corpus Christi, TX 78411 (361) 814-9900 Office RECOMMENDED (361) 814-4401 Fax Daniel Biles, P. E., Date Executive Director of Public Works Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary Gollihar from At-wrwIes to Weber Pro'ect No. E13087 BOND ISSUE 2014 De artment Fund No. Fund Name Amount Street 550950-3550-00000-E 13087 Streets 2013 TN Bd 2014 Ds n $544,998.15 Wastewater 550950-4510-00000-E13087 Wastewater Capital Reserves 82,064.93 Storm Water 550950-349400000-E13087 Storm Water 2012A C I P Fd Rv Bd 385,729.61 ............................................................................... Water 550950-4088-00000-El 3087 Water 2012 C I P Fd C Rv Bd 148,723.56 Gas 550950-4555-00000-El 3087 Gas 20128 CIP Fd (Rev 30,878.76 Total $1,192,395.00 Encumbrance No. Contract for Engineering(AIE)Services Page 3 of 3 KIENGINEERINC DATA C NGESVEL P%S E EB3QS7 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 2D14%CONSULTANT CONTRACT NAISMITMI CONTRACT PROFESSIONAL, SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS GOLLIHAR ROAD—SOUTH STAPLES STREET TO WEBER ROAD PROJECT NO. #E13087 BOND 2014 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 to attendees within five working days of the meeting. C) Prepare geotechnical investigation findings (see additional services). d) Request 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 recommendations to incorporate the geotechnical consultant's recommendations to be used in the Engineering Letter Report. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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 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, 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 10 Revised December 10,2013 }(;1Enpiawnp DetaExc hanpalVELMAPISTREET1E13087 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMITH1EXHIBIT A updated 12 1013.doex o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) 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 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probably construction costs. 5. Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6, Prwdrfe an analysis nn nreie6t impads towapds "Fe_ennineering" arid effaste 9R sest sayings toward Gity opeFatiens, whir;,h this pmjeet will aftet 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report, r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City 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. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings,, record information in electronic format 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). EXHIBIT"A" Page 2 of 10 Revised December 10,2013 KkEngirmnnq DataExchango%VELMAIIXSTRFF 13087 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMITHIEXHIBIT A updeled 12 1013 d= 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) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. 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 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 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 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 Summa project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) PFeyide one (1) set of the pFe final plans and bid deGuments 0 submittal rev.ew and- appF8yal PUFp8ses with Feyised estimates Of pFebable reests. Plan h) Held PFejeet o EXHIBIT"A" Page 3 of 10 Revised December 10.„2013 K;1Ervpinwnp Da taExchange%VFLMAP%STREErE13087 GOLLIHAR FROM STAPLES TO WESER BOND ISSUE 2014%CONSULTANT CONTRACT NAISMITH%EXHIBIT A mpdatadi 121013.do= ' 1 paFtisipants i) Provide one (1} set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 all submittals 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 sco a 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. See Exhibit"A 2"for required form. 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 electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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 4 of 10 Revised December 10,2013 K%Ergineennp DateExchanpelVELMAPISTREETXE13087 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMITH%EXHIBIT A updated 12 1013.docx e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE'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. g) Prepare Agenda Memoranda and 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 AIE) 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 changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff„ provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) 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 EXHIBIT"A" Page 5 of 10 Revised December 10,2013 K►Ergineennp DataE=hange%VELMAP%STREET1E13087 GOLLIKAR FROM STAPLES TO WEBER BOND ISSUE M41CONSULTANT CONTRACT NAISM(THIEXHIBIT A updated 12 1013.do= 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: in *Mn-PR7RLo nriza G. Wetlands Delineatietn_aR d L2etmif • eo A PDFmS Gerer,iYAmendments 1'innl,,dines_SSG, NO! NGT1 11J.&, Fish and Wildlife Sealise ( SPALS) V United States SRYiFenmental Pr-eteGtien Ageney ( SERA) 1. Texas Department of Licensing and Regulation (TDLR ) FR. Texas General I and Offise (T-GI G) 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 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 EXHIBIT"A" Page 6 of 10 Revised December 10,2013 K."irmaringDolaEKcher)g*%VEUOPtSTREEr,E13087 GOLLIHAR FROM STAPLES tOWEBERSOND ISSUE 2014%CONSULTANT CONTRACT NAI9M[THYEXiHISIT A updated 12 1013 d= 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) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topouraphic 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 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. AIE shall submit parcel maps and legal descriptions prior to the$0% submittal. EXHIBIT"A" Page 7 of 10 Revised December 10,2013 K1Enpineeiinp DalaExchange%VELM AMSTREEThE13087 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMITHSEXHIBIT A updated 12 1013.docx 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. vi) Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Carpus 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. EXHIBIT"A" Page 8 of 10 Revised December 10,2013 KkEngineenng DatsEythaVeIVELMAP%STRgEIIE13087 GOLLMAR FROM STAPLES TO WEBER BOND ISSUE 2014%CONSULTANT CONTRACT NAISMITH4EXHIBrr A updated 121013,dacx 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. 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 Day Date Activity Friday December 20, 2013 En ineerin Contract Executed Monday March 3, 2014 Draft Engineering Letter Report 30% Submittal Wednesday March 12, 2014 Meet with City Staff to go over Draft ELR Wednesday March 12, 2014 Present Draft ELR to City Appointed Committee AC Monday March 24, 2014 Final Engineering Letter Report 0 00% Submittal Monday Aril 7, 2014 Receive Authorization to begin Design Monday June 2, 2014 60% Interim Plan/Bid Document Submittal Monday June 16, 2014 Meet with City Staff to go over 60% Interim Submittal Monday August 4 1014 100% Final Plan/Bid Document Submittal Monday To Be Determined Meet with City Staff to go over 100% Final Submittal Monday To Be Determined Submit Sealed Plan/Bid Documents for Bidding Sunday To Be Determined Advertise for Bids Tuesday To Be Determined Pre-Bid Meeting Wednesday To Be Determined Receive Bids Tuesday To Be Determined Contract Award Monday To Be Determined Pre-Construction Meeting and Issue Notice to Proceed Monday To Be Determined Begin Construction Friday To Be Determined End Construction Ill. FEES A. Fee for Basic Services. The City will pay the AIE 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, AIE will submit monthly statements for services rendered. The statement 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. City will make prompt monthly payments in response to AIE's monthly statements. EXHIBIT"A" Page 9 of 10 Reviled December 10,2013 K%Engineenng DataExchanpe%VELMAPISTREE nE130B7 GOLLINAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMITHM0118IT A updated 121013.daex 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 AIE a not-to-exceed fee as per the table below: Summary of Fees ORIGINAL CONTRACT Street Wastewater Storm Water Water Gas Total Basic Services 1 Preliminary Phase $38,161.48 $2,807.97 $24,972.99 $8,580.73 $156.83 $74,680.00 2 Design Phase 279,166.97 20,541.44 182,687.74 62,771.59 1,147.26 546,315.00 3 Bid Phase 9,611.91 707.26 6,290.06 2,161.27 39.50 18,810.00 4 Construction Phase 122,272.08 8,996.93 80,015.23 27,493.27 502.49 239,280.00 Subtotal Basic Services 449,212.44 33,053.60 293,966.02 101,006.87 1,846.08 879,085.00 Additional Services 1 Permitting 1,500.00 3,000.00 3,000.00 3,000.00 0.00 10,500.00 2 Environmental Issues 500.00 500.00 500.00 500.00 0.00 2,000.00 3 Topographic Survey& Parcel 29,638.00 2,180.80 19,395.20 6,664.20 121.80 58,000.00 Description 4 S Subsurface Utility Exploration 0.00 28,750.00 28,750.00 28,750.00 28,750.00 115,000.00 5 CCTV Wastewater Lines 0.00 11,700.00 0.00 0.00 0.00 11,700.00 6 Public Outreach 34,237.00 2,519.20 22,404.80 7,698.30 140.70 67,000.00 7 Geotechnical Report 20,500.00 0.00 0.00 0.00 0.00 20,500.00 8 Geotechnical Pavement 4,500.00 0.00 0.00 0.00 0.00 4,500.00 Section Analysis 9 Box Culvert 0.00 0.00 14,500.00 0.00 0.00 14,500.00 Evaluation/inspection 10 Public Meetings 3,888.71 286.14 2,544.78 874.39 15.98 7,610.00 11 lWarranty Phase 1,022.00 75.20 668.80 229.80 4.20 2,000.00 Subtotal Additional Services 95,785.71 49,011.34 91,763.58 47,716.69 29,032.68 313,310.00 6ota=lAuthorized Fee $544,998.15 $82,064.931 $385,729.61 $148,723.56 $30,878.76 $1,192,395.00 EXHIBIT"A" Page 10 of 10 Revised December 10,2013 V-Engin DateExdmngekVELMAP4STREE 13087 GOLLIHAR FROM STAPLES TO WEBER BOND ISSUE 20141CONSULTANT CONTRACT NAISMITHIEXHISIT A updated 121013,doax EXHIBIT A-1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI GOLLIHAR ROAD— SOUTH STAPLES STREET TO WEBER ROAD (BOND 2014) COCC PROJECT NO. E13087 TASK LIST Basic Services 1) Project Limits are from South Staples Street(western curb return of intersection)to Weber Road (through intersection to western curb return and including northlsouth curb returns). The following 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 five lane road in deteriorated condition. Intersections along this section of Gollihar Road are controlled by lights at the intersections of South Staples Street and Weber Road. The existing section of Gollihar Road is an A-1 Undivided Arterial (two travel lanes in each direction with a continuous left turn lane), sidewalks, and a 62' 13-13 pavement section. The right- of-way varies from 80 to 120 feet along this section of roadway; which includes a 32' B-B marginal access pavement section along southern portion of roadway between Marie Street and Whataburger Way. Typically A-1 Undivided Arterial section requires a minimum of 95' of R.O.W. Preliminary indications are that the existing R.O.W. is not wide enough between Marie Street and Weber Road. There is a large power transmission line that runs along the southern portion of this section of roadway; therefore no widening is recommended. The plan is to construct the pavement section within the existing R.O.W. • The anticipated design is to reconstruct approximately 4900 LF of A-1 Undivided Arterial 68' B-B pavement section which includes two 11' travel lanes in each direction, a 12' continuous left turn lane, a 4' bike lane in each direction, and concrete curblgutter. The pavement section would be jointed concrete pavement.There will also be a 5'concrete sidewalk along the north and southern sections of the roadway. Any changes to the pavement section selected for this project will be identified within the Draft Engineering Letter Report. The target design is for a 30 year pavement section. • The 32' 13-13 marginal access pavement section located along the southern portion of the roadway between Marie Street and Whataburger Way; shall consist of asphalt pavement with concrete curb and gutters. • The design process will also include a more permanent closure of the Whataburer Way Access Drive at Gollihar, which was recently temporarily closed through ordinance. EXHIBIT"A-1" Page 1 of 10 • Connect to existing pavement at all intersections between South Staples Street and Weber Road (extending improvements 40 linear feet in each direction), including commercial and residential driveways. • Evaluate/Replace cross walk striping and stop bars at intersections. • Install bus concrete pads and shelter pads at RTA bus stop locations within this section of Gollihar. • Upgrade traffic signalization at Weber Road intersection. • Coordination with other consultants working on behalf of the City on abutting projects will be necessary. This shall consist of establishing a common baseline from South Staples Streetto Kostoryz Road (following completion of all topographic surveys), coordination of geotechnical reports and pavement analysis, and making sure all bid packages have similar form and content. 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 (existing 8" and 15"VCP gravity lines located between Weber Road and Dody Street and two crossings near Dody Street and Calvin Drive). All existing brick manholes will also be rehabilitated or replaced, and existing commercial/residential services reconnected. • 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. EXHIBIT"A-1" Page 2 of 10 • 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 and Valves shall be replaced/salvaged as required. • Re-connect commercial or residential service connections. • 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. • Follow recommendations provided by RVE in their Drainage Analysis Report for design. Coordinate with consultant prior to submittal of Draft Engineering Letter Report to review hydrologiclhydraulic study of the Carmel Parkway Sub-Basin, calculations, and data. • The anticipated design is to replace the existing concrete box culvert from Weber road to the library with a 12'x12 concrete box culvert and install a junction box at Driftwood Place to allow for the diversion ditch as shown on the City's Drainage Masterplan. Any changes will be identified within the Draft Engineering Letter Report. • Additionally the drainage trunk line between the library and South Staples Street will be upgraded to meet City design standards (convey 25 YR storm), and all inlets/laterals will also be replaced within the project limits. • Run drainage models (Storm CAD) to evaluate existing conditions and changes to accommodate developed flows as per current City Drainage Plan for this localized drainage area between South Staples Street and Weber Road. 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 EXHIBIT"A-V Page 3 of 10 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. 8) Develop construction drawings in English units in 11"x17" 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 Geotechnical Consultant. 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 EXHIBIT"A-1" Page 4 of 10 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 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 PERMITTING 1) Furnish to the City all engineering data and documentation necessary for the following governmental permits as needed to complete the project: Construction Stormwater Discharge Permit and Texas Department of Licensing and Regulation, (submit permits to TCEQ 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. ENVIRONMENTAL ISSUES 1) Perform a Regulatory Screening Assessment of the project area that includes a search of regulatory agencies databases for current or historic hydrocarbon releases in the vicinity, in EXHIBIT"A-1" Page 5 of 10 addition to reviewing historical business activities in and around the affected area (this screening assessment does not include any type of sampling or further field investigation to quantify potential contaminants). 2) Review/evaluate findings and provide recommendations to be used in Engineering Letter Report. A brief letter report or summary will be prepared to 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. TOPOGRAPHIC SURVEY 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. 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. SUBSURFACE UTILITY EXPLORATION — SUE 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 horizontallvertical 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. All excavations will be performed within paved areas, which also require traffic control for each site. 3) Explorations would be completed at 500 feet intervals along the 5000 feet street centerline distance street alignment of Gollihar (approximately 45 locations). EXHIBIT"M Page 6 of 10 4) Provide survey to tie excavated utilities vertically and horizontally. CLOSED CIRCUIT TELEVISION INSPECTION —CCTV 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. PUBLIC OUTREACH AND CUMMUNICATION The project will impact a number of residential areas in addition to the Parkdale Plaza shopping center and a Stripes convenience store and a small shopping center that includes a restaurant and car repair shop near the Gollihar Road and Weber Road intersection.The project will also impact businesses such as Braslau's Furniture, Souped Salad! and others at the intersection of Gollihar Road and Staples Street Calk Elementary and the Neyland Public Library also are located near the project area. Some of these home and business owners 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 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. 2) Early Public Outreach and Communication • Project Database — a limited database of adjacent residences, apartments, residences within one block of the project, businesses on or within one block, local officials, appropriate city departments (i.e. solid waste services, Fire and others), CCISD officials, and CCRTA will be developed and supplemented as the project continues. This will be used for any public or neighborhood meetings held before and during project development and construction. Persons attending these meetings will be added to the database. It will also be used to identify potential one-on-one interviewees or small groups that can be useful in assisting in public outreach and understanding for the project. This database along with other project communication will be included in a comprehensive public EXHIBIT"A-1" Page 7 of 10 information/public involvement notebook to be furnished at the conclusion of the project construction. • One-on-one Stakeholder meetings- OA will organize ten (10) one-on-one stakeholder meetings with affected stakeholders and provide summaries of those meetings to the project team. A member of the Engineering Design team will attend these meetings. It is anticipated that six(6) meetings will be held during the design phase and four(4) meetings will be held during construction. • 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 amount of 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, OA staff can answer inquiries or questions from the public in Spanish. C. Open Houses/Public Meetings (Two meetings) 1. 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 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 of the meeting, and copying of materials to be distributed. 2. 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. D. Construction Communications 1. A Facebook page/Twitter Account will be developed to update the public on the project during construction as information is produced and/or traffic changes. These communication channels are not anticipated to begin until just prior to the pre-construction public meeting and will continue until project completion (28 months total). These pages will be developed so that they do not accept responses; however, appropriate contact information will be provided for those desiring additional information. Links to these pages will be provided to the City of Corpus Christi, the EXHIBIT"A-1" Page 8 of 10 Corpus Christi Regional Transportation Authority (CCRTA), and the Corpus Christi Metropolitan Planning Organization (CCMPO) for inclusion on their websites. Twice a month updates are anticipated in the budget to keep the public informed. In meetings with small groups or individuals, information on the Facebook address will be provided. If possible, City or Contractor changeable message signs in use along the project will provide Facebook contact information for those that use the route. The Twitter Account will be developed and can be used for scheduled monthly one-hour sessions with stakeholders to answer questions. Note that some of the materials and information will be developed in Spanish as discussed below. 2. One-on-one Stakeholder meetings-OA will organize four additional meetings with stakeholders as construction commences or during construction. 3. 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. GEOTECHNICAL REPORT 1) The scope of work shall consist of field exploration, laboratory testing, and reporting of these results. The purpose of this investigation is to evaluate the soil and groundwater conditions at the site, and to recommend pavement sections suitable to reconstruct the roadway for a 30- year pavement design. 2) The field exploration shall consist of drilling soil borings along the project alignment to obtain samples for laboratory testing. Soil borings shall be completed every 500 feet and depths shall alternate between 5 feet and 15 feet; with two samples completed at a depth of 30 feet. 3) Pavement recommendations shall consist of five basic sections (all flexible sections shall incorporate a seal coat layer); various options shall be provided for each section: • Asphalt Pavement Section (withlwithout geogrid and using reclaimed materials) • Concrete Pavement Section (jointed) • Concrete Pavement Section (continuously reinforced) GEOTECHNICAL PAVEMENT SECTION ANALYSIS 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. EXHIBIT"A-1" Page 9 of 10 BOX CULVERT EVALUATIMINSPECTION 1) Inspect the inside of the existing box culvert located in the Gollihar Road right-of-way(between South Staples Street and Weber Road); and document its condition through survey, photographs, and non-destructive testing. 2) NEI will prepare a report that documents all deficiencies noted during the inspection, and will make recommendations for appropriate rehabilitation measures. PUBLIC INVOLVEMENTIMEETINGS 1} If requested by City, participate with staff at 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. 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 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 $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 / $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 500,000/500,000/500,000 EXHIBIT"B" Pa e 1 of 3 J";GEN VELMAPWORMSNEWFORIVIMAE LARGIBINDEMNIFICATION LARGE AE EXHIBIT B•OCT 2010.dom 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 polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10)calendar days advance written notice for nonpayment of premium. EXHIBIT"B"II I Pare.. 2 of 3 J-1GEN VELMAPtiFORMS NEWFORMSIAE LARGE11NDEMNIFICATION LARGE AE EXHIBIT B-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" Pa e3of3 J`-GEN VELMAMPORMSWEWFORM&AE LARGMINDEMNFICATON LARGE AE EMBIT CT 2010 doex Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Previous Invoiced Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for Payment Request Revised 07/27100 SUPPE IER NUMBER TO BE ASSIGNED B PItRCHASING DIVISION C mo of o CITY OF CORPUS CHRISTI City C�n 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: 3099 STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation ® 2. Partnership B 3. Sole Owner El 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) ..,..,.a.� . . ,.. m... � ,,. �,��. r,_,...,,,,,,. �, ,.�,�, ... ..,........................ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°x"0 or more of the ownership in the above named"firm." Narne Title 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 •a m ., , M.......,, 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 ........ ..,..... .mm,,,,mnn .,.,w,.�.m, nnnnn m...w„ 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 l 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: Grant A.Jackson,P.E. Title: Vice President �.:�� o� .��A ........ ........ ......... .......... , , ,h�,,u� ,u...... P Signature of Certifying Date Person. ,.,� .,,m. . „�.��m� „� � ,,.. .,,,,,,,,,,,,,,,,,,, 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. Corpus Chr sti Engineering Gollihar Road from Staples to Weber Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering PROJECT LOCATION 2 Project Schedule Corpus Chr sti Engineering Feb Apr 2014 MEM Aug Sep Oct Nov Dec 111 Feb 1:1 Apr 2015 Aug Sep Oct Nov Dec Feb Apr 2016 Aug Sep Oct Nov Dec 2017 Jan Bid Project Construction Estimate: 730 Calendar Days 24 Months * Actual bid date and construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE: Street Tax Notes Wastewater CIP. Storm Water CIP Water CIP... . ... Gas CIP... * Future 2014 General Obligation Bonds... $544,998.15 82,064.93 385,729.61 148,723.56 30,878.76 7,025,001.85 * Future Capital Improvements - Revenue Bonds (Utility)... 6,922,603.14 $15,140,000.00 FUNDS REQUIRED: *Construction (preliminary estimate)... $11,072,727.27 Contingency (10%)...... 1,107,272.73 **Design Engineer (Naismith Engineering) (authorized services) ... 1,192,395.00 Construction Materials Testing (TBD)... 272,520.00 Reimbursements......... 1,135,500.00 TOTAL...... $14,780,415.00 TOTAL. ESTIMATED PROJECT BUDGET BALANCE $359,585.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 �u SC o° AGENDA MEMORANDUM Future Item - January 28, 2014 "`RRPORP11 Action Item - February 11, 2104 1852. DATE: January 28, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com Saundra Thaxton, Assistant Director of Strategic Management Saundra @cctexas.com Service Agreement for Strategic Planning Services CAPTION: Motion awarding a service agreement for Strategic Planning Services with Goody Clancy & Associates Inc., Boston, Massachusetts, for an estimated two year expenditure of $1,536,800 of which $320,166 is required for fiscal year 2013/2014. The term of the agreement is twenty- four months, with options to extend the agreement for up to two additional twelve month periods, subject to the approval of the consultant and the City Manager or designee. Funding is available in the Comprehensive Planning Operations budget for fiscal year 2013/2014. Purpose The consultant will develop a Strategic Comprehensive Master Plan for the entire City and provide a Downtown Area Development Plan as part of the agreement. BACKGROUND AND FINDINGS: The Area Development Plans of the City make up elements of the current Comprehensive Plan. Many of the Area Development Plans are outdated with some dating as far back as 1993. Although these area development plans have served as a guide in the development of the City, a cohesive view of the entire community is warranted. The Strategic Comprehensive Plan will take a holistic view of the entire City. The plan will integrate the growth of the City with a strategic outlook of the components of the plan to include a Vision and Principals Statement, a market and economic analysis of the City, transportation and utility analysis and a fiscal analysis. The Plan will project twenty years into the future and will provide the data needed for strategically managing the growth of the City. The Downtown Area Development Plan will take a detail look of Downtown. It will include the Downtown Business District, Uptown, SEA District, North Beach, Northside Neighborhood and ROW vacated by the Harbor Bridge Realignment. Maximizing and supporting any opportunities for synergy between Texas A&M — CC and the downtown community will also be explored. ALTERNATIVES: The City issued a Request for Qualification for Planning Services in November of 2013. Two statement of qualification packets were received from Goody Clancy & Associates, Inc., Boston Massachusetts and Matrix Design Group of Phoenix Arizona. The evaluation team made up of members of Executive Management, Strategic Management, Legal and the Finance Department evaluated the qualifications of the consultants, interviewed members of their teams and selected Goody Clancy as the most qualified firm. Upon reaching this determination, staff then requested pricing from Goody Clancy and negotiated the requirements of the scope of services and final pricing for the work. OTHER CONSIDERATIONS: As part of the Comprehensive Plan, Goody Clancy will do a preliminary analysis of the Southside of the City to provide a basis for developing a work scope for a Southside Area Development Plan. CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $945,105.56 $1,216,634.00 $2,161,739.56 Encumbered / Expended Amount 366,197.26 366,197.26 This item 320,166.00 11216,634.00 1,536,800.00 BALANCE $258,742.30 0 $258,742.30 Fund(s): General Fund Comments: The $320,166 shown above represents five months of expenditures that will be encumbered this fiscal year. The remaining $1,216,634 represents nineteen months of expenditures that will be requested through the normal budget process. Funding for this contract will be provided through the annual Planning Operations Budget. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Summary Matrix Comprehensive Plan —Scope Downtown Plan — Scope Presentation Agreement City of Corpus Christi Strategic Planning Services January 28,2014 RFQ No-13I-0032-14 Summary Matrix Goody Clancy&Associates Inc. Matrix Group Available Boston Massachusetts Phoenix,AZ Experience of the Firm 24 22.13 17.50 Relevant Experience&Qualifications of Team 24 21.38 15.63 Approach 24 22 17.13 Work Plan 24 22.38 15.13 Interview 100 80 80 Max available 196 Score 167.88 145.38 City of Corpus Christi Strategic Comprehensive Plan Scope of Services The City of Corpus Christi,TX, has chosen Goody Clancy&Associates (GCA)to lead a consultant team to prepare a comprehensive plan for the city. As the prime consultant, Goody Clancy will have overall responsibility for writing and producing the comprehensive plan, as well as the content of the public process. Goody Clancy will be involved with all elements of the plan, especially green systems; neighborhoods and revitalization; housing; facilities and services; scenario development; land use, zoning, and urban design; and stewardship and implementation. Goody Clancy will be assisted by Zimmerman/Volk Associates (ZVA), W-ZHA, Peter Kwass Consulting (PKC),TischlerBise, Stantec, and Kailo Communications Studio. • ZVA will provide an analysis of housing market potential and housing strategies. • W-ZHA will provide an analysis of commercial market potential and strategies to promote development opportunities • PKC will provide an economic development analysis and strategies for emerging sectors and workforce development. • TischlerBise will provide an analysis of cost of services for different types of land use and an analysis of cost of services linked to future scenarios for different types of development patterns. • Stantec will provide advice and review of utility and infrastructure master plans in the context of best practices and integration with the comprehensive plan. • Kailo will serve as the coordinator of project communications, outreach and media for public engagement. All members of the consultant team will contribute to developing the overall strategies for the plan. A. TIME FRAME It is expected that the comprehensive plan will be ready for adoption hearings within approximately 13 months of execution of the contract, assuming timely action by the client when needed. Final adoption is anticipated within 15 months but will depend on scheduling of public hearings by the client. B. FLEXIBILITY IN ALLOCATION OF RESOURCES Community-based planning projects are responsive to issues that emerge from the community participation process, sometimes requiring rebalancing of activities. In collaboration with the client, Goody Clancy may identify the need to shift resources within the project in order to meet unforeseen needs as the project progresses. C. PROJECT MANAGEMENT, COLLABORATIVE PROCESS, AND CLIENT RESPONSIBILITIES The consultant team will collaborate closely with City staff and officials, citizens and other stakeholders. Preparation of the plan will 1. Project Management 1 Consultant lead. Goody Clancy will have responsibility for management of the entire consultant team and development of the comprehensive plan. Larissa Brown,AICP,will be the project director and manager for Goody Clancy. Steering Committee.The City will create a Steering Committee of senior staff as a project management group. It is expected that the Steering Committee will meet with the consultant once a month, on average.The actual schedule of meetings may occur more frequently at certain stages of the project. While most meetings will be on site in Corpus Christi, the Committee and the consultant may agree to substitute teleconference meetings if needed. The Steering Committee will provide oversight, guidance and feedback to the consultant team, make departmental staff available as needed, and review and comment on the draft plan. Monthly progress reports. The consultant will provide monthly progress reports to the City Manager and the Steering Committee. City project manager. The City will provide a staff person knowledgeable about planning and Corpus Christi who will act as project manager and principal liaison to coordinate all aspects of the project with the consultant team project manager.The lead consultant will expect to meet with the City project manager and other project management staff whenever the lead consultants are in Corpus Christi. There will be regular consultation through email,telephone, and scheduled conference calls. The project manager will: • Provide access to demographic and socio-economic data, GIS datalayers and map projects, assessor's data, regulations, previous planning documents, stakeholders' contact information, and other information • Assist in making data and information held by other governmental bodies available to the consultant, as needed • Assist in making City officials and staff available for interviews and review of draft documents, as appropriate • Assist in scheduling and providing space for interviews, focus groups and committee/subcommittee meetings • Assist with logistics for public meetings, including identification of City-owned meeting space ■ Attend Advisory Committee and Working Group meetings ■ Attend and assist at public forums, workshops, and open houses ■ Assist in documenting comments and requests for revisions during public review Single City contact for media and public information approvals. The team requests the identification of a single contact within the City to work with the team on timely approvals of press releases and other information for the media. D. PLANNING COMMISSION DECISION SUPPORT In the first two to three months of the project, the consultant team will perform a rapid reconnaissance of existing plans. The team will then develop an interim comprehensive plan guidance document to assist the Development Services Department and the Planning Commission in cases where they need to provide a consistency review of applications for rezoning or similar purposes. The consultant will provide verbal assistance as requested cases that may arise during the comprehensive planning process. The consultant will not be expected to appear at Planning Commission meetings to present consistency reports. 2 E. PUBLIC ENGAGEMENT PROGRAM The public engagement program will include the elements below and include Spanish-language materials. All Advisory Committee and Working Group meetings will be open to the public. Public and stakeholder involvement • Citizens Advisory Committee(CAC).The consultant team will advise the City on the composition of a Citizens Advisory Committee to be appointed by the City Manager, the Steering Committee, or City Council. The CAC should be approximately 35 persons in size and composed of a broadly representative group of citizens and community leaders to be appointed to work with the consultant team,to serve as a sounding board, and to help shape the plan to reflect the aspirations and needs of city residents.The CAC will review and comment on the draft plan.There will be up to 10 CAC meetings. • Working Groups. For review of draft plan elements, the CAC will be divided into 4 Working Groups to review draft plan elements as they are created. Citizens on the Planning Commission may also serve on these Working Groups. In addition, departmental staff and local persons with acknowledged expertise in the topics covered by the plan elements will be invited to be members of the subcommittees. Each Working Group will meet two times for a total of 8 Working Group meetings. • Planning Commission. The Planning Commission will review milestone elements of the plan, such as the Vision and Principles, in up to 4 meetings with the consultant, and, if members wish, will participate with the CAC in topical Working Groups during the plan development phase of the comprehensive plan process. • Interviews with City staff and officials. Interviews early in the process with City staff and officials will orient the consultant team about Corpus Christi issues, initiatives and expectations. Repeat and additional interviews may be needed at later stages of the project. • Interviews and focus groups with keystakeholders. Interviews and focus groups with community stakeholders, up to a total of 50 individuals or groups,will help the consultant team in updating information and identifying important issues and areas of concern.The City will be expected to assist the consultant team in identifying key people and groups to interview and in setting up the interviews. Stakeholders could include businesses and property owners, faith-based organizations, community development groups, developers, real estate professionals, service organizations, neighborhood leaders, design and engineering professionals, environmental advocates, transportation advocates, and so on. • Branding. The consultant team will develop a name and logo for the project, to be approved by the Steering Committee, with up to three options and two revisions. • Public workshops and meetings. The planning process will include 10 district meetings and open houses to be held in city council districts; 2 citywide forums; and 2 community open houses for comment on planning directions. Up to four focus groups and workshops with groups interested in specific topics, such as housing development, will be held. • Public hearings. The consultant team will present the draft comprehensive plan and be available for up to two public hearings/adoption meetings of the Planning Commission and up to two public hearings at City Council. • Draft documents available for public comment. Draft documents will be posted on the web page and deposited at City Hall and in public libraries to provide opportunities for public comment • Public opinion survey. A brief survey,to be administered to a geographically representative sample of at least 1,000 persons in the City of Corpus Christi by a mail/telephone methodology, will occur 3 at approximately the same time as the consultant team seeks public comment through open houses and the web site on the planning directions and strategies emerging in the planning process. This survey will provide broader guidance, as well as legitimacy for strategies supported by the public. The content of the survey instrument will be drafted by the consultant team and reviewed and approved by the Steering Committee • Public participation outreach.The consultant team will use multiple avenues, digital and traditional, to inform the public about the project and public meetings. If possible, the team will work partially through existing city channels, to inform stakeholders about opportunities to participate.The consultant team will also employ outreach methods such as email blasts, notifications through the press and broadcast media, flyers, door hangers, contact with business and other organizations, and so on. Event flyer dissemination to community residents may include school backpacks: church bulletins; business canvassing; neighborhood associations; non-profit community organizations; grocery stores; and employee notices. • Digital engagement • Web site.The consultant team will design a web site for the comprehensive plan project and provide for an internet host.The project web site will be optimized for mobile use and provide for comments, sign up for notifications and for contacting the consultant team, as well as a calendar of events, and a library of images, video, data and documents for download and comment. • Interactive media. MindMixer, an interactive online civic engagement tool, will be developed as an element of the website. Textizen, a text-message based engagement tool, will also be deployed to seek public input. • Social media. The project will also have a Facebook page and a Twitter feed. Social media will be checked daily in order to ensure responsiveness and will be provided with content to keep up public interest. • E-news. Through the web page, stakeholder groups, sign-ups at meetings, and other methods the consultant team will develop and maintain an email list to inform interested persons about project activities and documents. Outreach,Communications and Media In addition to digital outreach and communications, diverse media and communication methods will be used to communicate with the Corpus Christi public about the comprehensive plan and opportunities for public participation.The team will work with the City to develop and agree on media protocols and approvals for the project. • Speakers Bureau, "Meetings in a Box"and participation in meetings of existing organizations.The consultant team will seek opportunities to speak at the meetings of community groups (e.g., Rotary) to publicize the project and seek participation and, later in the process, to seek input. The team will also provide the opportunity for groups and organizations to independently use a set of materials and questions in their own meetings. • Information hubs. Libraries or similar locations will serve as "information hubs" where hard copies of information and, eventually, the draft plan, are deposited for public access. • Media. The team will also perform the following tasks, subject to consultation with the City: • Press release drafting and dissemination to media, via web communications and to stakeholders on e-contact list. • Earned media strategy, including development of public affairs programming schedule; live interviews on local radio stations etc. to publicize events and provide progress reports. 4 • Reminder calls to media pre-event and provision of media spokesperson onsite at each event. • Request for an ongoing "update corner" in major print media and establishment of a link to the comprehensive plan website from all media websites. ■ Spanish language services. Outreach materials will be provided in Spanish as well as English. At public meetings, people who prefer to participate in Spanish will be able to work with Spanish speaking facilitators. Major summary documents will be made available in Spanish and summaries of other written materials will be made available as needed, based on consultation with the City. Full translation of the comprehensive plan can be provided at additional cost. Logistics tasks • Meeting locations. In consultation with the City, the consultants will identify and secure appropriate venues (i.e. size, parking, recognizable to cross-section of community, accessible, etc.); and plan and coordinate logistics aspects, including IT, security, layout, logistics with other partners, in advance to ensure smooth deployments. The consultants expect that the City will provide or procure meeting locations free of charge for the comprehensive plan process. • The consultants will provide suitable food and refreshments at public events and CAC and Working Group meetings. F. PLAN PHASES, TASKS, AND PRODUCTS Please note:Although the tasks are presented below in a series, many activities will be undertaken and pursued simultaneously, so phases will sometimes overlap. Project Management and Meetings The City and the consultant expect the following project management tasks and meetings: • Steering Committee. The Steering Committee will be made up of executive staff and act as a project management committee. The Committee will meet approximately once a month up to 12 meetings. It is expected that Steering Committee and CAC meetings will typically occur during the same time period when the consultants are in Corpus Christi, in order to reduce travel costs. • Monthly reports. The consultant team will provide monthly progress reports to the Steering Committee. • City Project Manager. The City will designate a project manager knowledgeable about planning and Corpus Christi to work with the consultant team. • Citizen Advisory Committee(CAC). The Citizen Advisory Committee will meet up to 10 times during the course of the project,with meetings concentrated at the beginning and during review of the draft plan. The City's project manager will attend these meetings. The consultant team will organize and carry out communications with the CAC and provide summary minutes of the meetings. CAC meetings will be open to the public. • Working Groups. For review of draft plan elements, the CAC will be divided into 4 Working Groups to review draft plan elements as they are created. Citizens on the Planning Commission may also serve on these Working Groups. In addition, departmental staff and local persons with acknowledged expertise in the topics covered by the plan elements will be invited to be members of the subcommittees. Each Working Group will meet two times for a total of 8 Working Group meetings.The City's project manager will attend these meetings. The 5 consultant team will organize and carry out communications with the CAC and provide summary minutes of the meetings.Working Group meetings will be open to the public. ■ Community engagement management and coordination. The consultant team will provide a community engagement plan, manage and coordinate the process, and provide monthly reports on community engagement activities as part of the overall monthly progress reports. PHASE 11 PROJECT INITIATION AND RESEARCH/ANALYSIS A. Project kickoff meetings and finalization of work plan The consultant will attend kickoff meetings with the Steering Committee and the Planning Commission to discuss the project work plan, community engagement plan, and the project schedule. After these meetings, the consultant will finalize the work plan, community engagement plan, and project schedule. In addition, the consultant will provide a memorandum on the type of representation suitable for the membership of the Citizen Advisory Committee (CAC)and a draft appointment letter. B. Brand, logo,website,and social media The consultant will develop up to three options for a project name or brand and corresponding logo for approval by the Steering Committee or designee, with up to three revisions. The consultant will design and develop content for an interactive project website, to be approved by the Steering Committee or designee. The website will include optimization for mobile phones and will be hosted and managed by the consultant for up to 18 months. In addition to the website,the team will set up two interactive elements: MindMixer and Textizen. MindMixer is an interactive idea-sharing "electronic town hall" site connected to the project website. Textizen is a text-messaging civic engagement application. C. Data collection and analysis 1. Data collection and organization.The consultant team,with the assistance of the City's project manager, will collect information and data including existing plans, GIS data and map projects, socio- demographic data, economic data, City ordinances and regulations, and so on. Data collection will include use of purchase of proprietary information when needed, such as ESRI, Claritas, and EMSI economic data. 2. Rapid reconnaissance of existing comprehensive plan and interim consistency guidance. The team will perform a rapid review of existing comprehensive plan documents and develop an interim guidance document for the Planning Commission to use in evaluation of applications for rezoning that require a statement of consistency with the comprehensive plan. 3. Interviews. In coordination with the Steering Committee and the city project manager, the team will develop a list of key staff and stakeholders to interview individually or in focus groups. In person interviews and focus groups will take place early in the process. Assistance from the city project manager will be needed to provide an interview space in City Hall and in scheduling. A summary of interview results will be provided to the Steering Committee. 6 4. Field visits and photo documentation. Over the course of the initial trips to Corpus Christi, the team will visit all parts of the city to take photos and gain an understanding of different parts of the city. 5. Data and information analysis. The team will analyze the data and information to identify and map conditions and trends in the city. 6. Begin market and economic analysis. Subconsultants ZVA, W-ZHA, and PKC will begin their work on housing market analysis and potential, commercial market potential, and economic development. This work will include analysis of data and interviews. Preliminary analysis results will be available for discussion in the first round of public meetings. See Phase 3 tasks for more detail on this work, which will be integrated into the comprehensive plan elements. 7. Begin transportation and utility analysis. Subconsultant Stantec will review existing local and regional transportation (including transit, bicycle and pedestrian) plans, including CC Mobility and utility master plans, and interview City staff on existing condition, plans, integration with land use planning. They will identify potential issues, best practices, and opportunities for integration into the comprehensive plan. Preliminary analysis results will be available for discussion in the first round of public meetings. 8. Cost of land use fiscal analysis. Subconsultant TischlerBise will perform a cost of land use analysis that will inform the comprehensive planning process. This analysis will provide the full cost and revenue allocation for each residential and nonresidential land use. It is expected that this fiscal analysis will be available in time for the key results to be presented at the first citywide forum. ■ Tasks are anticipated to include: • Meet with the Steering Committee and relevant staff and assess any additional information needed beyond demographic and land use information already provided or obtained by the team • Identify and collect additional data and documents relevant to the analysis, including budgets and relevant planning documents • Identify any major relevant policy issues • Define Land Use Prototypes for Cost of Land Use Analysis with the Goody Clancy team and City staff. This will involve identifying which residential and nonresidential land uses [units of measure] should be included in the evaluation and defining various characteristics of each land use such as assessed/taxable value, scale of use, density,vehicle trip generation rates, trip adjustment factors, road frontage, sales per square foot, and other appropriate demand indicators. • Develop cost of land use fiscal factors ■ Determine Level of Service, Cost and Revenue Factors: determine the fixed, variable, and semi-variable operating and capital costs for all relevant services and facilities; the major demand indicators for each land use type; levels of service for each department or service: the service relationship to each land use type in terms of costs and revenue factors. • Calculate Preliminary Fiscal (Cost of Land Use) Results: • Develop a cost of land use fiscal impact model specific to this assignment with the fiscal impact results by prototype land use. • Prepare a draft report for the Steering Committee and relevant staff to review ■ Finalize cost of land use fiscal analysis 7 • Refine the draft report after feedback from staff • Final Cost of Land Use Analysis will discuss the full cost and revenue allocation for each residential and nonresidential land use.The residential results will be presented on a per unit basis and the nonresidential on a per 1,000 square foot basis. It is anticipated the Report will include the following secti • Executive Summary • Annual Fiscal Results • Major Revenue Findings • Major Capital Cost Findings • Major Operating Expense Findings • Level of Service, Cost& Revenue • Assumptions Appendix This work will result in two technical memoranda—one discussing and defining Land Use Prototypes and one draft Level of Service, Cost& Revenue Factors—and a Final Cost of Land Use Analysis Report. After acceptance by the Steering Committee,the Cost of Land Use Analysis Report will be made available to the CAC and posted on the project website. If desired,the consultants will make a presentation of this report to city staff and the City Council. 9. Draft"Understanding Corpus Christi Today"document and summary. Based on interviews, field visits, and analysis of data, information and plans, the consultant will draft an existing conditions element for the comprehensive plan—"Understanding Corpus Christi Today"—as well as a summary document"Corpus Christi At A Glance." The summary will be used for distribution at public meetings, on the web, and so on.The draft element will be provided to the Steering Committee and the CAC for review. DELIVERABLES: • Finalized work plan, community engagement plan, and schedule • Memorandum on CAC membership and draft appointment letter • Brand and logo • Website and social media set up • Rapid reconnaissance summary and interim consistency guidance • Data collection list • Interview summary • Cost of Land Use Fiscal Analysis technical memoranda and final report • Understanding Corpus Christi Today document • Corpus Christi At A Glance document City activities: • Identification of staff and stakeholder interview subjects • Identification of CAC membership and official appointment of members • Assistance in procuring data and information • Assistance in development of the Cost of Land Use Analysis Report • Responses to draft documents PHASE 2 1 COMMUNITY ENGAGEMENT A. Publicity and outreach 8 Working in collaboration with Goody Clancy and the City, subconsultant Kailo Communications Studio will have the primary responsibility for publicity and outreach. This work will include: 1. Agreement with the City on media protocols. Kailo will draft media protocols for discussion with the City.The Team requests that a single person on City staff be identified who can provide approvals for press releases and similar items, in order to keep the project moving forward in a timely manner. 2. Speakers'Bureau. Kailo will seek opportunities for members of the team to go to meetings of community groups and organizations in Corpus Christi with information about the comprehensive plan process. This outreach will likely include both brief presentations with invitations to participate and, at a later time in the process, presentations on the emerging plan with opportunities for input. 3. Information hubs. Community locations such as libraries will be identified to serve as information hubs for deposit of hard copies of comprehensive plan information and documents. 4. Outreach for public meetings. Kailo will use digital and traditional methods for the 10 district meetings and the 2 citywide forums. There will be one direct mail postcard to all city residential addresses as well as print and radio media buys to promote public meetings and other ways to participate (website, etc.) 5. Social media. Kailo will set up Facebook and Twitter accounts, provide content in collaboration with Goody Clancy, and manage social media over the course of the project to keep up activity and interest in the sites. 5. Earned media. Kailo will seek opportunities for interviews of the consultant on public affairs programming, radio talk shows, and similar opportunities. B. Corpus Christi Futures Month Meetings 1. Preparation for meetings. The consultant team will prepare handouts, maps, exhibit boards, PowerPoint presentations and similar materials for distribution, display and use at five district meetings and a citywide meeting during the fourth month of the planning process. In addition to consultant team staff, volunteer facilitators who participated in previous public events, such as those for Destination Bayfront, will be invited to participate and will be trained for the comprehensive plan events. All materials will be posted on the website. 2. Five district workshops. The consultant team will organize and implement five interactive district workshops in each of the city's council districts. The workshops will take place for approximately 2-1/2 hours on weekday evenings over the course of two weeks. As appropriate, each of the workshop districts will also be divided into sub-areas based on pre-existing community identities or neighborhood types. Exhibits and handouts will be provided at each event. During the workshops, participants will have the opportunity to discuss and identify on maps the issues and priorities specific to these subareas. At each workshop there will be a brief presentation on existing conditions in that area, along with information on relevant aspects of previous planning or regional vision items. Participants will work in small groups with facilitators and then report back to the group as a whole, with a final opportunity to rank overall issues and opportunities. 9 3. First citywide forum. The consultant team will organize and implement an interactive citywide forum to be held on a Saturday after the district meetings The Forum will begin with brief presentations, including from subconsultants working on market, economic, and fiscal issues to set the context for the comprehensive plan process and the challenges and opportunities that face the city and may include exercises with keypad polling that give participants the opportunity to see real-time responses by the group as a whole. This will then be followed by small group activities with facilitators.The exercises will involve discussion of the results of the district meetings, review of the regional vision results, and identification of the most important issues that the city needs to resolve. Each participant will also be asked to write his or her personal vision for the city.The small groups will present their priority results to the whole and then all participants will have the opportunity to indicate their top priorities from among all the small group results. The public 3. Public meeting reports. The consultant will prepare reports on the results of the public meetings to be submitted to the Steering Committee and the CAC and to be posted on the website. D. Draft Corpus Christ Vision and Principles Based on the outcomes of the public meetings, committee discussions, and online comment, the consultant team will prepare a draft Vision and Principles statement for review by the Steering Committee and CAC. The consultant team will make revisions, if needed. The Vision and Principles will be presented in a miniposter in the form of an 11 x 17 one-page document with graphics showing the statement on one side and summarizing the process that led to the statement on the other side of the handout. This document will be placed on the website and at the information hubs for public review, with outreach to encourage comment. E. Endorsement of the Vision and Principles by the Planning Commission. After committee and public comment and approval by the CAC and the Steering Committee, the Vision and Principles will be presented to the Planning Commission for endorsement as the official guiding framework of the comprehensive plan and the planning process. DELIVERABLES: ■ Media protocols ■ Media products such as press releases ■ Social media sites, management and content ■ Outreach materials including direct mail, print and radio ■ Information hub set up and materials ■ Exhibits, handouts, PowerPoints for public meetings and to post on the website ■ 5 District Meetings ■ 1 Citywide Meeting City activities: • Review of materials • Assistance with venues, if needed • Attendance and assistance at public meetings PHASE 3 1 PLAN DEVELOPMENT 10 A. Housing market analysis As part of the Goody Clancy team, subconsultant Zimmerman/Volk Associates (ZVA)will prepare a stand-alone housing market potential analysis by tenure, household type, and building configuration, including specific recommendations for unit sizes, rents/prices, and projections of absorption within the local housing market. The results of this analysis will be integrated into the comprehensive plan element on housing. The analysis is based on a proprietary target market methodology that determines the depth and breadth of the potential market derived from the housing preferences and socio-economic characteristics of households in a defined draw area, even in locations where no close comparables exist. ZVA has identified 41 target market groups with median incomes that enable most of the households within each group to qualify for market-rate housing. Another 25 groups have median incomes such that most of the households require housing finance assistance. The stand-alone report includes answers to the following types of questions: • Where will the residents of new and existing housing units in the City of Corpus Christi be likely to move from (e.g., within the city, the state of Texas, the rest of the US, outside the US) and how many households have the potential to move within and to the city each year? • Who are the households that represent the potential market for new and existing units? • What are their housing preferences and what is the range of affordability? • How many new units can be supported in the city each year? • What are the broad rents and prices supportable by the target market households (by different building formats and including market rate and below market rents/prices)? • Target Groups for New Multi-Family For-Rent • Target Groups for New Multi-Family For-Sale Units • Target Groups for New Single-Family Attached For-Sale Units • Target Groups for New Single-Family Detached For-Sale Units This work will include field investigation and interviews, as well as data analysis. Initial findings will be presented at the first citywide forum. A draft of the stand-alone document will be provided to the Steering Committee and the CAC for review. The final document will be posted on the website. B. Non-residential market analysis As part of the Goody Clancy team, subconsultant W-ZHA will prepare real estate market analysis technical memoranda based on direction by Goody Clancy and other members of the team, in consultation with the Steering Committee and/or the CAC, focusing on office, retail and mixed-use development locations and opportunities. Analysis of specific locations and desired uses will include: • Office Market • Market context: share of metropolitan office supply • Office location criteria: key amenities for different types of tenants • Assets and challenges for potential office locations • Office potential: range of square feet and location • Retail Market o Context: existing and likely commercial nodes 11 • Competitive landscape: existing and planned supply • Likely trade area and demographic characteristics and projections • Neighborhood and regional retail potential: store mix, location, square feet • Big box analysis: competitive locations,trade area and development potential ■ Mixed-Use Opportunities • Context: existing and logical new locations • Likely mix of land uses: range of square feet This work will result in one or more technical memoranda with elements incorporated into the economic development and future land use elements of the plan. C. Develop goals, policies, strategies, and actions for comprehensive plan topical elements. The expected general organization of the plan is shown below, but changes in focus, emphasis or organization may occur during the planning process as the planning team works with the City, the CAC, other stakeholders, and the public. Each element will include a set of goals and policies for decision makers, a set of findings and challenges with a brief summary of relevant current conditions, a summary of community priorities as gathered through the forum and workshops, and a set of strategies and actions to achieve the goals. Each element will also end with a brief"Getting Started" matrix of short- term and relatively inexpensive actions to begin the implementation process. Best practices in urban design, sustainability and resource-efficiency, and equity considerations will be integrated throughout the planning process and the plan, as well as having more detailed discussion in particular elements. The consultant team will evaluate and build on existing plans and initiatives in order to ensure a strategic and coordinated approach to achieving a 20-year vision. Recent work such as the regional vision for the Coastal Bend, the sustainability plan, recent area development plans, the parks and recreation master plan,the draft mobility plan, and existing utility and infrastructure plans, will all be reviewed carefully and integrated into the comprehensive plan... The consultant team will work closely with City departments and staff, as well as other knowledgeable people in Corpus Christi. Drafts of plan elements will be distributed for review and discussion.The CAC will be divided into 4 Working Groups for the topical sections of the plan with additional members from the Planning Commission and invited members from City staff and other community members who are knowledgeable about the Working Group topics. Each subcommittee will have between 12 and 20 members.These four subcommittees will cover each of the multi-element parts of the comprehensive plan as follows: • Green Systems • Housing, Neighborhoods and Revitalization • Prosperity and Opportunity • Strengthening City Systems and Networks The Working Groups will meet up to 3 times with members of the consultant team to comment on draft multi-element parts of the plan as they are developed. The consultant team will manage the organization, scheduling and notifications needed for the subcommittees and they will be included in the website calendar. 12 Comprehensive Plan sections and elements. The introduction to each of the six parts of the plan (including 15 elements)will provide a summary of the main recommendations of each part and its relationships to other sections of the comprehensive plan. These summaries, as well as the Executive Summary, will also be provided in Spanish.The first five parts of the comprehensive plan are listed below(Part VI of the plan is discussed in Phase 6 later in this document): ➢ Executive Summary The Executive Summary will be an 11" x 17" mini-poster produced in English and Spanish. ➢ How to Use This Plan ➢ Part 1. Setting the Stage • Element 1 —Vision and Principles This element provides context for the comprehensive plan project and presents the overall Vision and Principles developed to guide the planning process and the plan. • Element 2—The Community Speaks This element will describe the public process, including the workshops, forums, open houses, committee structure, public hearings, and adoption. • Element 3—Understanding Corpus Christi Today This element focuses on socio-demographic and land use existing conditions and trends as a baseline for the comprehensive plan process. ➢ Part 11. Green Systems This section of the plan will build on existing plans, including the Parks and Recreation Master Plan and the Integrated Community Sustainability Plan to focus on natural resources and environmental constraints;the open space, parks and recreation system; and sustainability issues such as resource efficiency and conservation,green building, and planning for climate adaptation. With the framework provided by these plans, the comprehensive plan may be able to provide more detailed implementation guidance. • Element 4 -Natural Resources and Environmental Constraints This element will describe the city's natural heritage, landscape, and environmental assets and constraints. Issues to be discussed include: • Inventory of natural resources and systems, including landscape and topography, hydrology, species and habitat, coastal environments • Greenways, blueways, beaches, bird flyways • Environmental constraints, including floodways and floodplains • Impacts of development on green infrastructure and waterways • Natural resource preservation • Best practice and regulatory recommendations • Element 5—Open Space, Parks and Recreation This element will build on the recently completed Parks and Recreation Master Plan. 13 Issues to be discussed include: • Review level of service measures, goals, and strategies for the park and recreation system. • Maintenance and emerging recreation needs based on demographic or other changes; • Park development design principles. • Recreational potential and expansion of public access. • Best practice and regulatory recommendations ■ Element 6-Sustainability and Green Practices This element will build on the Corpus Christi Integrated Community Sustainability Plan (ICSP) focusing especially on energy-and resource-efficiency, climate adaptation, integration of natural systems into development, and more detailed implementation guidance. Issues to be discussed include: • Energy efficiency, renewable energy benefits and impacts, and practices such as cool roofs programs and other green building opportunities • Best landscape practices • Climate adaptation planning • Best practice and regulatory recommendations ➢ Part 111. Housing, Neighborhoods and Revitalization This section will include analysis and recommendations on housing, neighborhoods, and neighborhood commercial districts. It will also focus on neighborhood revitalization strategies, including identification of"opportunity sites" or"opportunity neighborhoods"for strategic priority investment. ■ Element 7—Neighborhood Character and Historic Preservation This element provides an analysis of neighborhood types and form, including neighborhood commercial districts and neighborhood character, and recommendations for future development. The "Destination Nodes" identified in the ICSP will be reviewed and evaluated, in light of the market analysis and other factors. The chapters will also incorporate historic preservation issues and revitalization, including best practices in anti-blight strategies, capacity building, innovative uses of vacant properties, and identification of priority redevelopment areas. Issues to be discussed include: • Analysis of development patterns and neighborhood form, including neighborhood anchors such as schools and community institutions, gateways, patterns of blight and vacancy • Identification of issues and opportunities around preservation, protection, rehabilitation, infill development, new neighborhoods and/or connectivity • Review of existing historic preservation initiatives and identification of preservation priorities • Blight elimination and vacant land redevelopment strategies • Environmental justice locations and strategies 14 o Evaluation of market strengths and weakness within commercial areas and corridors outside downtown and opportunities and strategies for improvement based on W-ZHA market analysis o Compact growth and connectivity concepts and strategies o Strategic approach to preservation and revitalization of existing neighborhoods and design of future neighborhoods. o Recommendations on sequence of Area Development Plan updates o Best practice and regulatory recommendations ■ Element 8--Housing The housing discussion will include a discussion of the housing market and demand and supply based on the analysis by ZVA; forecast of future housing needs; and provision of housing choice for households of all types and across the income spectrum. Issues to be discussed include: • Analysis of housing stock inventory and trends in location, type, tenure and character of new housing development • Evaluation of housing market, including market rate housing trends, affordable housing need, extent and performance of subsidized housing • Housing policies and strategies for market rate and affordable housing development • Public realm, subdivision design, and housing design strategies • Blight elimination, code enforcement and housing redevelopment strategies • Environmental justice locations and strategies • Best practice and regulatory recommendations ➢ Part IV-Prosperity and Opportunity This section of the plan focuses on economic development, building on the work of the Corpus Christi Regional Economic Development Corporation. Special attention will be paid to economic development opportunities linked to the university as it expands its research agenda and capacity and to support for knowledge industries and a culture of entrepreneurialism. Subconsultant Peter Kwass Consulting will have primary responsibility for these elements. ■ Element 9-Growing Economic Base Industries and Reinforcing the Building Blocks of the Economy This element will build on existing information and initiatives to provide strategies and actions on maintaining the city's economic base, strengthening emerging sectors and identifying future economic opportunities—both in terms of businesses and jobs. In addition,this element will focus on the conditions necessary for Corpus Christi's economy to thrive, retain and attract talent by opening up opportunities to individuals and entrepreneurs: education,workforce development, small business and entrepreneurial supports, regulatory streamlining, land availability, quality of life. Issues to be discussed include: o Analysis of existing, emerging and potential base industries and strategies for strengthening, promoting, and diversifying these industries and creating jobs 15 • Analysis of potential economic opportunities and talent attraction through emerging university research and growing an entrepreneurial base. • Analysis and strategies for reducing economic disparities and promoting small and micro-business success • Strategies for economic development policymaking and implementation • Best practice and regulatory recommendations ■ Element 10—Sustaining Greater Downtown This element will focus on policy recommendations for an area including the Central Business District, the SEA District, Uptown, and North Beach,with an emphasis on its existing and potential economic role within the city and the region as whole, including creating greater synergy between downtown and other assets, such as the university. This will provide a foundation for a more detailed approach to downtown revitalization. Issues to be discussed include: • Analysis of current economic role of this area within the city and regional context • Review and evaluation of existing initiatives and current plans • Identification of opportunities for the university, as well as other synergies with institutions • Enhancing arts, culture and tourism economic benefits downtown • Economic potential of land use opportunities resulting from the Harbor Bridge realignment • Implications of citywide economic development opportunities for this area • Recommendations to strengthen the economic development role of this area ➢ Part V. Strengthening City Systems and Networks This section of the plan focuses on the systems and services that support residential life and economic activity in Corpus Christi and connect it to the region and the nation: transportation and mobility and public facilities, services and infrastructure. Subconsultant Stantec will have primary responsibility for the element on transportation and sections on other major infrastructure facilities and services,while Goody Clancy will have primary responsibility for other municipal facilities and services. ■ Element 11 -Getting From Here to There: Transportation and Mobility The transportation element will build on existing plans and initiatives, such as the 2010 Urban Transportation Plan, the MobilityCC Plan and the Corpus Christi Metropolitan Planning Organization's 2010-2035 long range plan,to analyze and make recommendations for all travel modes at a variety of scales. The proposed mobility improvement methods and locations in the Mobility Plan will be evaluated, as will the "Destination Nodes" in the ICSP, which will also be evaluated in the Neighborhoods element. The project will not include new traffic engineering work but will focus on policy issues Issues to be discussed include: • Review of existing transportation plans and current roadway system, capacity, and congestion assessment, level of service and mitigation options • Implications of current plans for the emerging future land use plan • Freight (including port) and inter-city air and rail options 16 • Connecting important activity centers, land uses, and development plans for housing and commercial districts to multi-modal transportation systems, including pedestrian and bike trails. This will include connecting the university and student-oriented residential areas with downtown. • Establishment of Multi-Modal Level of Service Standards and a Mode Priority Streets Plan to integrate plans for transit, bicycling routes, pedestrian routes, and freight routes. • Complete streets, road diet, traffic calming, and similar best practices recommendations ■ Element 12--Supporting Public Facilities, Services and Infrastructure The element on public facilities, services and infrastructure will build on existing plans and analyze implications for land use, making recommendations on best practices and integrating infrastructure/utility plans with the emerging future land use plan. This element will also include a review of and recommendations on public services and facility needs. Like the transportation element,this element will be focused on policy and strategy. Issues to be discussed include: • Inventory of municipal facilities such as police and fire stations, libraries, solid waste and recycling, public works facilities and policies, and principles for locating and improving future facilities • Evaluation of programs (e.g., community policing, 311, recycling, etc.)to enhance services, such as public safety(police, fire, EMS), public works, libraries, and youth services. • Review of utility and infrastructure master plans, such as the Water Master Plan, Draft Storm Water Master Plan • Implications of current plans for the emerging future land use plan • Recommendations on best practices ➢ Part VI. From Plan to Action The final section of the plan brings together the planning recommendations from previous elements. It includes and ETJ and Annexation Plan, a Future Land Use Plan accompanied by zoning and urban design recommendations and examples, and a final element on stewardship and implementation ■ Element 13—ETJ and Annexation Plan This element will provide recommendations for the ETJ, identify areas that should remain in the city's ETJ and develop an Annexation Plan identifying areas recommended for annexation. Issues to be discussed include: • Review of trends and opportunities in the ETJ consistent with the Future Land Use Plan • Identify potential impacts on development of annexed areas of potential wind farms or other industrial installations inside or adjacent to the ETJ • Identify fiscal issues based on the cost of land use analysis by TischlerBise • Preferred development form in potential annexation areas ➢ Element 14--Future Land Use, Regulations and Urban Design The development of the Future Land Use Plan will include a set of three scenario(existing trends continued plus two options)for public comment and review, after which a preferred scenario will be developed. The Land Use element will include a policy map, showing plan policies as they 17 affect land uses, and a GIS-based Future Land Use Map.The generalized Future Land Use Map will be based on the results of the other elements to indicate the distribution of general land use categories including residential, commercial, industrial, open space and recreation, transportation and other purposes, including mixed use areas. Zoning and other regulatory changes needed to reflect the Future Land Use Map will be identified and urban design principles consistent with the Future Land Use Map will be recommended. Issues to be discussed include: • Future land use principles • Future land use policy map/diagram • Future land use map (GIS)with generalized land use categories and densities shown for all parcels of land • Graphic concept plans or scenarios illustrating up to 8 exemplary opportunity sites • Urban design principles and general guidelines • Review of existing zoning and zoning best practices • Best practice and regulation recommendations ■ Element 15--Stewardship and Implementation of the Plan The Stewardship and Implementation element will provide a system for ensuring that the plan remains a living document through use by city government and regular public review, a matrix of implementation actions, including capital improvements, keyed to the goals and strategies in the plan elements, and a discussion of resource needs and funding opportunities. The stewardship recommendations to make the plan a living document will include provisions for responsible parties to monitor a phased implementation timeline, as well as recommended standards for compliance with plan policies, and procedures for plan amendments, revisions and regular updating. Indicators will also be identified to enable the City of Corpus Christi to measure progress in achieving its goals and objectives over time. Issues to be discussed include: • Methods to monitor implementation of the plan, including continued citizen participation • Methods to ensure consistency of the capital improvement plan with the comprehensive plan • Systems for annual public review of implementation progress, plan amendment, and regular public engagement to review/renew the vision and goals of the plan • Recommendations on best practices, systems and institutions to promote efficient and transparent implementation of the comprehensive plan, such as a redevelopment authority, an online municipal data warehouse, and so on. • Matrix of implementation actions D. Fiscal Reports A Fiscal Impact Report on three future land use scenarios and a Financing and Revenue Strategies Report will be prepared as stand-alone documents and incorporated into the draft comprehensive plan. Presentations on these reports will be made to the CAC, Steering Committee and staff, and City Council. 18 1. Fiscal Impact Report. During the Plan Development phase, subconsultant TischlerBise will complete analyses to assist in evaluation of the future land use scenarios and to provide revenue strategies for the preferred strategy. ■ Expected tasks area as follows: • Definition of Fiscal Analysis Zones: ■ Formulate criteria (land use character, development intensity, potential for intensification, etc.) to be used to delineate fiscal analysis zones (service areas) for analysis of alternative scenarios. • Forecast of future development by land use type for each scenario, including applicable service areas • Development of land use profiles for each scenario • Develop assumptions for each land use type, informed by the already completed Cost of Land Use Study • Residential land uses: for example, persons per household, lot size, assessed value, street frontage, vehicle trip and trip adjustment factors, average trip length, income and discretionary spending. • Nonresidential land uses: employment densities, vehicle trip generation rates and adjustment factors, trip lengths, sales per square foot for retail uses, street frontage, etc. • Factors may vary by scenario and will serve to refine the costs and revenue factors by scenarios and geographic location. • Levels of Service, Cost and Revenue Factor Interviews • Identify cost drivers for specific services that can vary due to unique characteristics • Agree on methodologies for forecasting future demand for services and facilities • Alternative approaches: • Direct entry of information, if it is known through the CIP that the facility will be constructed and will partially or fully serve new growth. • Use the fiscal impact model designed for this assignment to calculate the need for new capital facilities as a function of the existing available capacity • Level of Service and Cost and Revenue Factor Memorandum • Design Fiscal Impact Model • Prepare Draft and Final Fiscal Impact Report, expected to include the following sections with findings for the three different scenarios: • Executive Summary • Cumulative Fiscal Results by Scenario • Annual Fiscal Impact Results By Scenario • Average Annual Fiscal Impact Results By Scenario • Major Revenue Findings • Major Capital Cost Findings • Major Operating Expense Findings The Fiscal Impact Report will be incorporated into the scenario materials presented at the five open houses and will information the recommendations of the Future Land Use Plan and other elements of 19 the comprehensive plan. The consultants will present the report to the CAC, Steering Committee, staff and the City Council, and will be posted on the web site. 2. Finance and Revenue Strategies. TischerBise will evaluate dedicated capital revenue/expenditure needs: short term (5-year) and long-term (10-20 year)forecasts of capital improvement expenditures and revenue projections for short-term (5-year) and long-term (10-20 year). ■ Expected tasks include the following • Evaluation of Dedicated Capital Revenue/Expenditure Needs • Prepare Capital Expenditure Projections • Short term and long forecasts of capital improvement expenditures by infrastructure category, likely funding sources and expenditure time frame • Two to three expenditure scenarios including one fiscally constrained projection and one with higher levels of service for certain categories • Analysis and assessment of financing alternatives • Description of financing options • Financial requirements and limitations of financing options • Legal requirements and limitations of financing options • "Appropriateness" and applicability of financing options—non-legal, non-financial factors such as public acceptance, administrative feasibility, cost of implementation, and technical ease • Preparation of draft and final Infrastructure Financing Strategy Report • Three possible funding scenarios will be included • The report will include: • Executive Summary • Summary of Development Projections • Projections of Dedicated Revenues • Estimate of Infrastructure Needs • Analysis and Assessment of Infrastructure Financing Options • Estimate of Funding Gap and Presentation of Funding Scenarios • Recommended Funding Strategies • Next Steps E. Public open houses and surveys on scenarios and planning directions As the goals and strategies are developed for the comprehensive plan elements,the consultant team will organize and manage five public open houses in the five council districts to solicit public feedback on the planning directions that are emerging during the plan development process. These open houses will be drop-in events held in the evening during two weeks. At these events stakeholders can come to view, give their opinions and discuss the strategies emerging in the topic-based comprehensive plan elements. These events will be organized with display boards showing the planning directions; self- directed exercises for participants to rank priorities; and the opportunity to speak one on one with members of the planning team to give their thoughts about the emerging plan. The materials will also be posted on the web site with opportunity for comment and at information hubs. At the same time, a public opinion survey of 1,000 geographically representative residents using mail/telephone methodology is recommended in order to reach a broad group of residents who might otherwise not attend meetings, visit the website, or otherwise participate in the process. This survey 20 will inform the planning team and provide greater legitimacy to the plan's content to the extent that it supports the planning directions or the team makes changes to reflect indications of lack of support for any of the planning directions. DELIVERABLES • Plan element outlines with goals and strategies • Working Group meetings • Market and economic analyses incorporated in draft plan • Transportation and utility/infrastructure analyses incorporated in draft plan • Fiscal report and Finance and Revenue Strategies stand alone reports and incorporation into the plan • Three land use scenarios • Complete draft plan elements with goals, strategies, actions, narrative, and graphics—digital and hard copies for the Steering Committee and CAC • Outreach and publicity for public open houses • Materials for open houses • Five district open houses • Public opinion survey • Web and public information hub updates, as needed City activities: • Response to meeting results and topic reports • Attendance at Working Group meetings and comment on plan element outlines • Attendance at public open houses PHASE 4 1 PLAN REVIEW A. Review by Steering Committee and CAC The Steering Committee and the CAC will review the draft plan and provide comments.The full draft will be sent to committee members and review will take place in several meetings to provide for discussion and consensus on comments B. Revisions and creation of adoption draft The consultant will make requested revisions and create a Final Draft for the adoption process. Copies of this draft will be put on the website and at the information hubs. C. Preparations for second citywide forum A second citywide forum will be organized in order to present the Final Draft of the plan to the public. The team will prepare exhibits, a presentation, possibly a video, and exercises to elicit responses from the public. Digital, traditional and media outreach will be used to inform the public. D. Second citywide forum and one month public review At the public forum, the consultants will provide exhibits in the form of graphic presentation boards on the plan elements and present the plan with a power point. Participants, seated at tables,will be asked to complete exercises to respond to the major directions of the draft comprehensive plan—both individually, and together as a group at the table. The group exercise will require participants to exchange perspectives with one another as they consider the draft plan. The forum will also provide an opportunity for questions at the event and to write down questions to be answered on the web site. 21 This event will start a one-month public review period for the Final Draft plan. It will be made available to the public for review on the web site, in public libraries and City Hall,with outreach to encourage review and comment. E. Documentation of public comment All comments received through the web site or by any other means, will be documented and the consultant will provide a response and a recommendation. This documentation will be posted on the web site and provided to the Steering Committee, Planning Commission, and City Council. DELIVERABLES: • Revisions responding to Steering Committee and CAC comment • Final Adoption draft • Materials for second citywide forum • Second citywide forum • Documentation of public comment City activities: • Review and comment on draft • Attendance at forum PHASE 5 1 FINAL ADOPTION, PRODUCTION, AND TRAINING A. Public hearings The consultants will be available for one public hearing presentation to the Planning Commission and one public hearing presentation to the City Council. The presentation will include discussion of public comments received and consultant recommendations on these comments. B. Revisions as needed The consultants will revise any components of the comprehensive as directed by the Planning Commission and/or the City Council after the Commission and the City Council have considered it. C. Production of final plan after approval The consultant team will produce an electronic version of the plan in PDF and editable format; hard copies for the Steering Committee,the Planning Commission, and the City Council; 1,000 11x17 summary posters with Spanish translation; GIS data in ArcView format; and one digital copy of maps, boards, PowerPoints and similar presentation materials. D. Training The consultant will provide training on the new comprehensive plan to the Planning Commission, Development Services staff, and other city staff, in up to two trips to Corpus Christi. DELIVERABLES: • Public hearing presentation • Final electronic and hard copies of the plan • Transfer of map, boards, presentations and similar files to the City. • Training events City activities: 22 ■ Scheduling of public hearings ■ Scheduling of training events 23 CORPUS CHRISTI DOWNTOWN AREA DEVELOPMENT PLAN SCOPE OF SERVICES The City of Corpus Christi,TX, has chosen Goody Clancy&Associates (GCA) to lead a consultant team to prepare a Downtown Area Development Plan (DADP). The DADP will include the Central Business District, the SEA District, Uptown, the land area made available by the realignment of the Harbor Bridge, Northside, and North Beach. Maximizing and supporting any opportunities for synergy between Texas A&M-CC and the downtown community will also be part of this plan. As the prime consultant, Goody Clancy will have overall responsibility for project leadership and management, planning, urban design, outreach, and integrating the work of the entire team into a compelling and achievable plan. Goody Clancy will be assisted by Zimmerman/Volk Associates, W-ZHA, MJB Consulting, Stantec, and Kailo Communications. All the members of the team,with the exception of MJB Consulting, are participating in the development of the city's comprehensive plan. • Zimmerman/Volk Associates (ZVA)will add targeted market analysis of downtown area housing to the overall city housing market analysis prepared for the comprehensive plan. • W-ZHA will provide targeted market analysis of office, hospitality, and entertainment markets; development feasibility and financing recommendations; and strategies for public-private partnerships. • MJB Consulting will provide detailed market analysis and strategies for downtown retail development. • Stantec will provide detailed multimodal mobility and parking strategies for the downtown area. • Kailo Communications will support the planning project with communications and outreach. Please note that although phases of the work plan are presented sequentially, in many cases, work in different phases will be underway simultaneously. A. GENERAL APPROACH It is expected that the DADP planning process will begin several months after the beginning of the comprehensive planning process, which will allow the team to benefit from knowledge gained from review of existing plans and development of the comprehensive plan. The DADP planning process will be focused on four central objectives: 1. Create an inspiring vision for downtown that gathers individual districts and assets into a strong and dynamic whole. Downtowns thrive on the interaction of complementary activities, places and people. Cultivate synergies among elements that are individually strong yet are currently disconnected or isolated. 2. Craft a practical plan for achieving the vision. Successful downtowns are built on solid market economics and the opportunity for numerous stakeholders to take individual initiatives that produce shared benefits.Targeting real market opportunities and enabling local entrepreneurship will catalyze progress toward the vision with private initiatives and require a minimum of public investment. 3. Connect downtown with key constituencies and institutions. Universities and colleges are increasingly a part of revitalized downtowns--through institutes and programs in downtown locations and providing housing for students. While medical institutions already exist in the downtown area, intensifying the 1 role that these institutions and their affiliates can play in downtown revitalization will also be a focus of the plan. 4. Make the case that downtown matters to the whole region. Downtown's real estate economics, transportation network, recreational and cultural amenities, and other key elements anchor larger regional systems. Downtown has unique potential to expand innovation and economic value through synergy: a place where multiple business and government enterprises, destination entertainment and tourism, lively pedestrian-oriented retail environments, downtown living, and the waterfront all work together. B. TIME FRAME The DADP will begin approximately six to eight months after the beginning of the comprehensive plan and will be reading for adoption hearings within 9-12 months of execution of the contract. C. FLEXIBILITY IN ALLOCATION OF RESOURCES Community-based planning projects are responsive to issues that emerge from the community participation process, sometimes requiring rebalancing of activities. In collaboration with the client, Goody Clancy may identify the need to shift resources within the project in order to meet unforeseen needs as the project progresses. D. PROJECT MANAGEMENT The consultant team will collaborate closely with City staff and officials, citizens and other stakeholders. As in the comprehensive plan process, Goody Clancy will work closely with the Steering Committee made up of senior staff, a City-designated project manager and contact for public information and media approvals. The consultant will provide monthly progress reports to the City Manager and the Steering Committee. E. DOWNTOWN ADVISORY COMMITTEE The consultant team will work with a DADP Advisory Committee to be appointed by the City Manager, the Steering Committee, or City Council. This group should be made up of downtown stakeholders—for example business and property owners, residents, representatives of sports, arts and culture groups and institutions, medical institutions, the Downtown Management District—and should also include representatives of groups with a potential presence in downtown, such as Texas A& M University, Del Mar College, and student groups. PHASE 1 - DOWNTOWN CONDITIONS AND OPPORTUNITIES A. Existing conditions and potential development analysis 1. Analyze existing zoning, design guidelines and related development controls. The analysis will build on work already completed for the comprehensive plan but with a focus on the DADP planning area. 2. Analyze and diagram urban design conditions both current and recommended. Conditions will include walkability; active ground-level uses; parks, plazas and open space; land use; building heights; street trees; and other factors. 2 3. Identify existing catalyst development projects. Determine conceptual program, design parameters and development finance considerations of projects that would strategically advance a variety of downtown vision goals.The focus will be on private-sector initiatives, with recommendations for complementary public actions to the extent necessary. 4. Create overall conceptual downtown development program. This program will comprehensively synthesize analysis and opportunities in the areas of market demand, transportation and urban design. It will address magnitude, mix and location of key land uses, as well as conceptual development sequence and critical mass over a 20-year timeframe. B. Potential development opportunities 1. Translate market opportunities into potential building types. Identify appropriate approaches to siting, street relationship, massing, parking, mixed-use, and sustainable design, 2. Visualize opportunities for the public and built realms. Create 6-8 rendered perspectives for discussion; evolve these into final images describing plan goals. 3. Demonstrate relevant alternatives and new approaches to downtown development, management and urban design. Provide examples and analogues from other communities. Deliverables: • Diagram of current development envelopes. • Summary opportunities and constraints diagram addressing the full range of issues: economic, urban design, cultural etc.—; individual diagrams of urban issues • Existing catalyst projects: documentation of key program, location, financial and design considerations for each project • Conceptual downtown development program with table of program opportunities addressing use, location, magnitude and timing • Graphically rich, concise yet comprehensive presentation of the vision, embodying market analysis, fiscal responsibility and transit-supportive environment synergies • Three to six potential catalyst sites: illustrated development/design guidelines • Illustrated memo on appropriate building prototypes • Conceptual development illustrations-6-8 rendered perspectives in preliminary and final versions. • National precedents for discussion and potential selection as models in an illustrated memo, powerpoint or poster of alternatives and approaches PHASE 2 MARKET ANALYSIS A. Housing market analysis and opportunities ZVA will build on the citywide analysis done for the Comprehensive Plan and perform targeted analysis for downtown. 3 B. Office, hospitality, and entertainment market analysis and opportunities W-ZHA will analyze office, hospitality and entertainment market demand to predict the configurations, magnitudes, location preferences, parking needs and other critical considerations for spaces these uses would need. C. Retail market analysis and strategy MJB Associates will analyze retail market demand using psychographic analysis,that is, population groups based on values, attitudes, interests, and lifestyles, to produce recommendations on retail niches, floor plates, magnitudes, location preferences, clustering, parking needs and other critical considerations. Strategy sessions with retail landlords and brokers will be included. Deliverables: • Housing Market Technical Memorandum • Non-residential Market(except retail)Technical Memorandum • Retail Market Technical Memorandum PHASE 3 COMMUNITY ENGAGEMENT A. Publicize the DADP planning process. 1. Add a special downtown section to the Comp Plan website and MindMixer/Facebook. 2. Publicize the Downtown planning process in social media, speakers bureau meetings to DADP organizations, media and other appropriate vehicles 3. Review downtown-related community and interviews from the comprehensive plan process B. Identify downtown stakeholders, activists and volunteers. 1. Conduct up to 30 individual or group interviews (including re-interviewing persons from the comp plan process, as appropriate) 2. Work with organized groups, such as the Downtown Management District, the SEA district, and groups in Northside and North Beach. C. Create events to encourage participation and document conditions. 1. Create walking tours for groups. Walking tours in the CBD, Uptown, SEA District, Northside, and North Beach will provide a fine- grained understanding of conditions at the human scale and discussion of challenges and opportunities. 2. Create a picture documentation event for volunteers. Volunteers would be encouraged to photograph the good, the bad and the ugly in the downtown planning area over the course of two weeks. The pictures would be uploaded to the MindMixer website for discussion C. Prepare and organize DADP public meetings 1. Downtown planning and design charrette The team will organize and prepare for a downtown planning and design charrette. It will include a presentation on challenges and opportunities, including examples from other cities, as 4 well as brief presentations from the team's experts in housing, commercial, and retail markets and transportation. Through interactive exercises participants will help develop a strategic vision and framework for development opportunity sites, urban design, connectivity, programming, and public investment. 2. Downtown open house on vision and conceptual downtown development plan After the downtown charrette and further development of the downtown vision and a conceptual downtown development plan and program with rendered perspectives, the team will organize a downtown open house to gather feedback. These materials will also be posted on the website for review and, if possible, left in a downtown location such as a storefront with opportunities for comment through written questions or the Textizen cellphone app used in the comprehensive plan process. 3. Draft plan presentation in a public meeting After completion of the draft plan, the team will present it in a public meeting and then post it on the web site and make it available for public review in hard copy at City Hall and in locations in Northside, North Beach, and the Central Business District. 4. Public review, public hearings and adoption The draft plan will be available for public review and all public comments will be documented with a consultant response. Goody Clancy will be available to present the plan at up to two public hearings. Deliverables: • Downtown sections for website, MindMixer, Facebook, etc. • Publicity campaign • Interviews and stakeholder meetings • Walking tours • Picture documentation event • Downtown charrette • Downtown open house • Draft Plan presentation • Public hearings PHASE 4 - MULTIMODAL TRANSPORTATION AND PARKING ANALYSIS The DADP will build on MobilityCC and other existing relevant transportation plans. Subconsultant Stantec will have primary responsibility for the transportation analysis,working closely with Goody Clancy and other team members to ensure full coordination with the vision and development framework for downtown districts, including real estate market opportunities, urban design proposals, and systems to connect and integrate the subdistricts of the DADP. A. Existing downtown transportation conditions assessment The team will map and analyze pedestrian and bicycle systems, transit services, safety,typical vehicle speed and capacity, on-and off-street parking performance, and overall street network configuration in relation to existing land uses and potential opportunities. B. Multi-modal recommendations 5 The team will build on existing plans, policies developed for the comprehensive plan, and best practices to provide recommendations for all transportation modes, including designation of mode priority streets (for example, streets where pedestrian travel will have priority). Options for enhancing multi-modal connections from other parts of the city, such as the university and student-oriented housing areas,will also be included.These recommendations will foster an integrated approach to transportation and land- use planning and urban design, supporting economic opportunities and the DADP vision. C.Transit plan The plan will identify key activity centers and recommended levels of service for the proposed downtown trolley and ferry. The potential for university shuttle routes, enhanced bus service to downtown from elsewhere in the city, and tourism connections will be analyzed. Recommendations for the longer-term potential for transit will also be provided. D. Parking plan The team will develop a parking plan to encompass existing parking, additional parking needs resulting from the success of the downtown plan, and recommendations on how to accommodate parking will be provided. Deliverables: • Technical Memorandum —Assessment and multimodal recommendations • Parking Plan PHASE 5 - DADP GOALS AND STRATEGIES FRAMEWORK A. Articulate vision goals and objectives. The team will translate community and stakeholder input and technical analysis into a clear, concise set goals and objectives to guide the DADP through conceptual and detailed development. B. Articulate vision strategies framework. The team will translate the vision goals and objectives into a clear, concise framework of no more than ten core strategies to organize plan recommendations. Deliverables ■ Technical Memorandum —Goals and Strategies Framework PHASE 6 - IMPLEMENTATION A. Development feasibility and finance 1. Development finance feasibility analysis. W-ZHA will work with Goody Clancy on an iterative basis to assess the economic feasibility of six potential catalyst projects. The team will use stakeholder feedback to optimize the value of catalyst projects. 2. Recommendations on development financing tools and incentives. 6 W-ZHA will assess the performance of current financing tools and incentives, and provide recommendations on appropriate mechanisms for catalyst and other projects stemming from the downtown vision. Recommendations will also address potential future modifications of these mechanisms over time. B. Implementation plan 1. Market and financing strategies and program Goody Clancy will work with ZVA, W-ZHA, and MJB Consulting to integrate their work into an overall implementation plans that includes: • Resident retention/attraction plan • Retail recruitment and tenanting strategy • Office, hospitality, entertainment and cultural program plan • Revenue generation plan 2. Detailed project design concepts Goody Clancy will develop detailed design concepts for opportunity sites and the public realm to be integrated into the implementation plan.These will include: • Targeted streetscape and public space plans • Detailed design guidelines and zoning change recommendations Deliverables: ■ Feasibility, Financing and Implementation Plan E. Final reports, documents, presentations 1. Draft DADP Goody Clancy will prepare the Draft DADP for review by the Advisory Group and the Steering Committee. The draft will include an 11"x 17" executive summary poster. 2. Presentations Goody Clancy will present the Draft DADP, as requested, to stakeholder groups, such as the Downtown Management District, representatives of SEA District institutions, Northside groups, and North Beach groups. 3. Revisions and final DADP After adoption, Goody Clancy will make any needed revisions and produce an electronic version of the plan in PDF and editable format; hard copies for the Steering Committee, the Planning Commission, and the City Council; 500 11"x17" summary posters; GIS data in ArcView format; and one digital copy of illustrations, diagrams, maps, boards, PowerPoints and similar materials. Deliverables: • Draft DADP • Presentation materials • Final DADP 7 PLANNING SERVICES AGREEMENT AGREEMENT made as of the-1-1,1-.............,day of in the year 2014 BETWEEN the Client: the City of Corpus Christi a Texas home rule municipal corporation,acting by and through its duly authorized City Manager or designee, 1201 Leopard Street,Corpus Christi,Texas,78401 ("City"or"Client"), and the Consultant: Goody Clancy&Associates, Inc.,420 Boylston Street,Boston,Massachusetts 02116-3866("Goody Clancy"or "Consultant") For the following Project: Corpus Christi Strategic Comprehensive Plan Downtown Area Development Plan The Client and the Consultant agree as set forth below. ARTICLE 1 CONSULTANT'S SERVICES Service to be provided: Scope of work is as described and shown in Exhibit A and Exhibit D, which are attached to and incorporated in this Agreement as if written here verbatim. ARTICLE 2 CLIENT'S RESPONSIBILITIES §2.1 The Client shall provide full information regarding requirements for the Project. The Client shall furnish required information as expeditiously as necessary for the orderly progress of the Work,and the Consultant shall be entitled to rely on the accuracy and completeness thereof. §2.2 The Client shall designate a representative authorized to act on the Client's behalf with respect to the Project. The Client or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. ARTICLE 3 USE OF CONSULTANT'S DOCUMENTS §3.1 The documents prepared by the Consultant for this Project are created and produced for the City under the terms of this Agreement and,the City shall retain the copyright. ARTICLE 4 ARBITRATION §4.1 Not used. ARTICLE 5 TERMINATION OR SUSPENSION §5.1 This Agreement may be terminated with cause by either party upon not less than thirty days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. §5.2 This Agreement may be terminated without cause by either party upon not less than ninety days' written notice. §5.3 In the event of termination not the fault of the Consultant,the Consultant shall be compensated for services performed prior to termination pursuant to the terms and conditions described in Section 8.2,together with Reimbursable Expenses then due. ARTICLE 6 MISCELLANEOUS PROVISIONS §6.1 This Agreement shall be governed by the laws of the State of Texas. §6.2 Venue shall lie exclusively in Nueces County,Texas. §6.3 The Client and Consultant,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Client nor Consultant shall assign this Agreement without the written consent of the other. §6.4 This Agreement represents the entire and integrated agreement between the Client and Consultant and supersedes all prior negotiations,representations or agreements,either written or oral. This Agreement may be amended only by written instrument signed by both Client and Consultant. §6.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Consultant. §6.6 INSURANCE REQUIREMENTS:Consultant shall maintain the insurance coverages as provided under Exhibit G. §6.7 INDEMNIFICATION: Consultant, its officers, agents, employees, representatives, subconsultants and contractors (Inde nitors) shall lnde n/f, save harmless and defend the City of Corpus Christi, its officers, agents, employees, and representatives (Indemnitees) 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 to the extent caused by Inde nitor's negligent performance of the services covered by this contract: The foregoing indemnity shall apply except to the extent that such injury, death or damage is caused by the sole or concurrent negligence of Indemnitees. ARTICLE 7 PAYMENTS TO THE CONSULTANT §7.1 REIMBURSABLE EXPENSES §7.1.1 Reimbursable Expenses are in addition to the Consultant's compensation and include expenses incurred by the Consultant and Consultant's employees and sub-consultants in the interest of the Project for: .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Client; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Client; .7 renderings and models requested by the Client;and .8 Expense of computer-aided design and drafting equipment time when used in connection with the Project. §7.2 PAYMENTS ON ACCOUNT OF THE CONSULTANT'S SERVICES §7.2.1 Payments on account of the Consultant's services and for Reimbursable Expenses shall be made monthly upon presentation of the Consultant's statement of services rendered or as otherwise provided in this Agreement. Consultant's statement of services or invoice will include any necessary supporting documentation, itemization and supporting receipts, where applicable. Page 2 of 4 §7.3 ACCOUNTING RECORDS §7.3.1 Records of Reimbursable Expenses shall be available to the Client or the Client's authorized representative at mutually convenient times. ARTICLE BASIS OF COMPENSATION The Client shall compensate the Consultant uefollows: §G.1COMPENSATION FOR THE CONSULTANT'S SERVICES,as described in Article 1,Consultant's Services,shall be computed as follows: See Exhibit B and Exhibit E §M.2 FOR REIMBURSABLE EXPENSES,as described in Article 7,and any other items agreed to be categorized as Reimbursable Expenses,u multiple uf One(l.00)times the expenses incurred by the Consultant,the Consultant's employees and sub- consultants io the interest u[the Project. §8.3 Payments are due and payable Thirty(30)days from the date of the Consultant's invoice. Amounts that are unpaid Sixty (60)days after the invoice date shall bear interest in accordance with the Texas Prompt Payment Act. §M.4|FTHE SCOPE of the Project or of the Consultant's services is changed materially,the amounts of compensation shall be equitably adjusted. All reallocation of resources as described more fully in the scope of work shall be pre-approved by the City. ARTICLE QTERM §9.1 The term of this Agreement is for twenty-four (24) months beginning on the date this Agreement is signed by the City Manager ordesignee and continuing through hmthe end ufthe twenty-fourth month. The term includes ou option hu extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or designee. ARTICLE 10 FISCAL YEAR §1O.1 All parties recognize that the continuation o[any contract after the close nf any fiscal year u[the City(the City's current fiscal year ends on July 3 111), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted ou that determination is within the sole discretion of the City Council a1 the time u[adoption uf each budget. The City's current fiscal year iofrom August l through July 3l' and will change hu October l through September 38,pending Council's approval ufun ordinance hu that effect. ARTICLE 11 WAIVER §11.1 No waiver of any breach of any term or condition of this Agreement, or Request for Qualification No. BI-0032-14, or the Contractor's response to Request for Qualification No BI-0032-14 waives any subsequent breach of the same. ARTICLE 12 NOTICE TQPROCEED §12.1 No work shall commence under this agreement until an official notice to proceed has been given to the consultant. This will include all phases of the agreement to include the City of Corpus Christi Strategic Comprehensive Plan, the Downtown Area Development Plan, the Soutbuide Area Development Plan and/or any other work scope that is developed by the Consultant. Page 3of4 ARTICLE 13 NOTICE DESIGNATION §13.1 Notice may be given by hand delivery or certified mail; postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CLIENT: Client: City of Corpus Christi Contact Person: Ronald L.Olson,City Manager Address: P.O. Box 9277 City, State,Zip: Corpus Christi,Texas 78469-9277 IF TO CONSULTANT: Consultant: Goody Clancy&Associates, Inc. Contact Person: Larissa Brown,Project Director Address: 420 Boylston St. City, State,Zip: Boston, MA 02116 ARTICLE 14 OTHER CONDITIONS §14.1 The following Exhibits are attached are incorporated in this Agreement and made a part hereof- Exhibit A: Consultant's Scope of Work-Corpus Christi Strategic Comprehensive Plan Exhibit B: Cost Proposal-Corpus Christi Strategic Comprehensive Plan Exhibit C: Schedule-Corpus Christi Strategic Comprehensive Plan Exhibit D: Consultant's Scope of Work-Downtown Area Development Plan Exhibit E: Cost Proposal-Downtown Area Development Plan Exhibit F: Schedule-Downtown Area Development Plan Exhibit G: Insurance Requirements CLIENT:CITY OF CORPUS CHRISTI ANT:4GWDY NC SSOCIATES CO'0 .................................................................................................................................................................................................................. ......................... —LO—OV (, :&pg- ,u e) t)A\JtD b(XcrJ F*--'SQL- e ........................................................................................................................................................................................................................................................................................................- ... ...... ......................... (Printed name and title) (Printed n"a'-m,e and title) Approv d as to Legal f0 : Veronica Ocanas Assistanl City Attorney For City Attorney Page 4 of 4 Compreft em L11• ng Our Future Together: �ve & Area Planning Services City Council, January 2013 Issue: Long-term /Yans Dated Comprehensive Plan Policy Elements 10 Area Development Plans Annexation Plan Utility Master Plans 26 years old 5 19+ years old; 4 10+ years old None Updates needed 6/21/1987 London 1987; Flour Bluff 1995; South East 1995; West -side 1995; South -side 2000; North West 2001; South Central 2004; Mustang Padre Island 2004 Selection Process: "Mast Qualified" Professional Services 2 -Step Selection Process Step 1a: SOQ Submittals & Evaluation Step 1 b: Presentation & Interviews/Q&A Step 2: Contract Negotiations 2 firms submitted SOQ's 3 Recommendation: Goody ciancy & Associates (GC) ► Strategic Comprehensive Plan ► Downtown Area Development Plan ► Southside Area Development Plan: scope to be defined & agreed upon after better understanding of issues during comprehensive plan work 4 GC: Won Over 75 National, Regional, & S ta to A wards Planning & urban design, architecture, & preservation firm National Awards include: 2013 Award for Excellence in a Planning Firm from American Planning Association New Orleans post -Katrina comprehensive plan Plans for: Tyler, Texas New Orleans & Shreveport, LA Atlanta, Baltimore, Birmingham, Chicago, Columbus, Miami, etc. cc: ORespcnsibIiiity & Leadership ► Writing & producing Comprehensive Plan & Downtown Plan All plan elements including: green systems neighborhoods & revitalization housing facilities & services scenario development land use, zoning, & urban design stewardship & implementation •� a-J 0 Q i 0 ,- > *� °� O N `� •c� E ca c� Q O ^ O (Its 4-J a-J U Un 4-j o ca > O � o ca 0 0 LA T) u � u �p , w a� N0 � 0 L4 ..��muillllllllum����.t ..��muillllllllum����.t ..��muillllllllum����. String Teamace ed Experts ,con,, TischlerBise Analysis of cost of services for different types of land use linked to future scenarios for different types of development patterns Stantec Advice & review of infrastructure master plans in context of best practices & integration with comprehensive plan Kailo Communications Coordinator of project communications, outreach & media for public engagement Scope of Work Timeline: Goody Clancy & Associates Larissa Brown, PhD, AICP Project Director CC RU S CH - � ' growth - -� - a ping t create \ o d a va MEM § raaw. f2\ *m + ©w.w.» :2:d¥a • 2 t<\2# m C 2: «. f : w9 m « S2Q3G W -._�. ... . .1 ttI • » GA26:fes 6# KW WV . nmlWD �« M3Mill ° m,W , 2 ,�=..-�r•mmme.e - Ww« A MOMENT OF OPPORTUNITY FOR CORPUS CHRISTI Build long-term economic competitiveness Enhance quality of life Leverage public and private investment Strengthen the city's fiscal position ACHIEVABLE VISIONS: High aspirations grounded in market realities Thinking about implemen- tation from the beginning: the purpose of planning is to act Consensus building through public engagement and dialogue Strategic path building on previous work Visually rich products to convey future opportunities Implementation to leverage private activities and investment COMPREHENSIVE PLAN: a citywide framework to guide specific plans Integrated Holistic Strategic Visual FUTURE LAND USE POLICY MAP Robust Grean eixnnr. 13 COMPREHENSIVE PLAN: Schedule ► 2014-15 ► 15 months to public hearings 2014 ®EM IMEM BEM'®� PROJEC T MANAGEMENT/MEETINGS Kn.•` iK Kan * PHASE 1: tea= N/RESQARGH-ANALYSIS in HMO a• &Mit/LW FUS •••• coat Raw—alawswitsvm M PHASE 2: COMMUN ENGAGEMENT —`= L••• Arita Win Ogit•en • F AS= 3: PLAN DEVELOPMENT ■ EOM G • • F_ ■_: • 5 • PHASE 4: REVIEW • P'-"----. `-ASE 5: FINAL ADOPT N, PRO . TRAIN! EMBERIEMMENE Pto>r`1S • a'4 FrTh • ROM • R li EVEMES121 14 COMMUNITY ENGAGEMENT: so all can have ownership of the Plan ROBUST ENGAGEMENT PROGRAM ► Concentrated month of workshops: Districts and neighborhoods Citywide forum ► Digital outreach ► Survey OUR PLAN ANDA A PLANIFICAR EL EENEE Rx1REE LIPS de Irs x3 njor, 1,111 R nn k.':r dun REAREAdi IEEE pm-ovA pm—oEEA Ss; =.n ea En Jac u. LANA, min,del I P.n. ulleresa. r..P. Lc; ._ 3 s'n hi lar:' on on nL. ,Errnal EAAsn Eni EN EMI, Aroen wio que TARIVIESY"OPEN HOUSES EN NAS AREAS NETcerca de Usted. ..uu MAESTRO SAA. PARQUES Y UPACtOS P€O_ECOS AREA FLAGAMI NET VARA HAS CION InA waSEREEENAAmpaeniamil., AEMEE uaa r:;.re, 6 nIP tO ,astgin gel :a;§ on --,NTT V OVf—,,,c,,T0.100,EANAAMIAIE 3PL.•[a: ,sREARNAE,E1 .Aa. IECESITA SE GS ESPECFAm ?APR PARTIES--? SeExei sx - : ADA. x ; S..OA co: - _ co.,. d-rx c I5401W . 305.416- 1.-5-9 rrlr001a a.,Egs., 16 REVIEW EXISTING PLANS Consistency with Vision and Principles, best practices, market opportunities, citywide framework North Beach Develo• en MARKET AND ECONOMIC REPORTS Housing market Commercial market Cost of land use analysis Economic and workforce opportunities Implications of policy choices Visualization Costs and benefits Public i to find preferred scenario « 2 \ % 3 » % 6 DIDARENT TREMOSIMPROVED . ECS o Grp 4 %S . EME&T DOWNTOWN AREA DEVELOPMENT PLAN DOWNTOWN AREA DEVELOPMENT PLAN: Schedule 12 months Start about 6 months into comp plan Build on Comp Plan and previous plans Community engagement Urban design Market analysis Multimodal transportation and parking Market and financing strategies Detailed project design concepts Month 3:C _ E _ F _- - -- V Pr LASE 4: NKJLTIMODAL TRANSPORTATION AND PAWING NG ♦ P1-' iSt 5: C}ADP •PHAS€ 6: IM ORK, GOALS AND STRATEGIES ■MAP A DOWNTOWN PLAN EXAMPLE v IGEN —ITEGTEGETTGENTEms-GET 10,00 ,00-0000, 0000001 0 M 0 MIG: f f00,00000000000, u; Wt:ST VISION STATEMENT Downtorim _s, a plaee within a eh. t aril jam...rtd it "n e ite-e - m GmEmEmnimmity. 150 yea Downto. r _s the °nvi rated heart ea regian mmm .rr�. ;o, EGET m rn e_ - P:- ES EMS ACHIEVING THE VISION EN of Nismim $ie MN x_ cum**, accocatte rpt- avlywnie 0t. asEmss Mom. MG es -a, t „ / litc_411-v 4L 575 ftw ga,11 VW-tft f-ftt 4k44,1 a al:a aanasean aft anafta earanee ttwftftpft t,4L--ft_n Pant ale en a aany= awaseaa, Cana ea- a ea Pae ft a an nn-ne aka= a a eaaa a='a ,===naa nana aftfte apaynn are a .M%-5 *->W Sfkr WA -4-g Tft..ftft -ftt,t k= t ttft-m tft _t;*,==a fttft tft ttefti Uft a fttfto m-t[a wwaro. -,tmf wpww aft Aft. WI aa ft,Crtftft ftftty g ft-t.=tfttm tftia tft twtftt ftt,tatt-ft-grtt =ft a zaa ==r 5aW ====== a a==ft - =535=5=3 n= ansaanna -ac a pannaa anna anaft aan any as = aananen Tenanan a= a R ma- a antaaa San =ay nneene eaaa 335333 5.,:=5,7===1 Aig _ AT, mda,0 P..g p4mr.= =- t&,a aa, =Mena aana, x.ew r EM= V=7.0= 57,--a. 5==== 5 1=5= nanaeee ' ttti 23 foundationSs, M5 M5 market demand A rodent public -investment p !icy dssignsd to unlock private - v s m it v&Ay a R war, mai ortm---M_ M Imo lam. a M � -. Y:km-ines ohm, C Eraig tamsr IS: TIMEMYMMTMT,MTMS.mos FM TTSM STM -MM -75 LMS -5-M5M5M-My • .tea. ladla o Malmat 6.55 Cr. 5 mama. • MAISM or, otommo. otal Mar. --_tea:am morem 5 MOM . c me mot 64ImMtSw FASto _ rolor eras aealy Mammal om rot. �_tamr _ M pitrc ;e as LApi. Morm Momom Om COV.M.M MISM 0555 ir. SM. MM -Ms ,o6„ bosmoMm - mom ro - . wr, amore Mot 2.6. mal rms. 5, 5-055,552-55 STAMM WMTif- 50 7s t: .4 ammotomms.— _- t = Mammaraa o � s =sa6 la moto inviting initiative e Amos erave mv-masav Mom. Mr um Mt. sol ma me t- otom. Tr 555,M 5-5511.17M Mol p11a mool M.. vostm tammalto amorm mom-._. mom. tol M1 r. .ama.2 5SES MSS STM, M 55 -7 -MS TM.„ M - nte SIM -6. Ammons Flmoo F Mr. troam _ Mom a s31 morw May COM.`_ _S roa mom mom. CommommoSo6 wt. 66. --own' M r5F:_«;�_: sat... am mot sm. oom Me Mme max- elmomEmaro mom a salts o g ng Moroftistoe mom km 111, of le o stomp. faro-Mtt n demiopment c mod 24 SOUTHSIDE AREA DEVELOPMENT PLAN SOUTH SIDE PLAN Early review of issues Early actions? Scope development Direction from comp plan, ETJ and annexation plan se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 28, 2014 Action Item for the City Council Meeting of February 11 , 2014 0ORPOR 11 1832 DATE: January 28, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb _cctexas.com 361-826-3169 Michael Morris, Director of Park and Recreation m ichaelm o(cb-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-14-1 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $174,679.54. 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 132 Line Items 123 Line Items $597972.75 $1147706.79 Grand Total: $174,679.54 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 122,989 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 Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $400,000.00 $400,000.00 Encumbered / Expended Amount $70,054.52 $70,054.52 This item $174,679.54 $174,679.54 BALANCE $155,265.94 $155,265.94 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 28, 2014 Award Summary: CBCOG-14-1 LABATT FOOD SERVICE Corpus Christi, Texas One hundered and thrity-two (132) line items consisting of canned fruit, $59,972.75 canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar& products, miscellaneous, fish, pork, poultry, frozen vegetables, breads and dairy Performance Food Group Victoria, Texas One hundred and twenty-three (123) line items consisting of canned fruit, $114,706.79 dried fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar& products, miscellaneous, beef, fish, pork, poultry, prepared products, frozen vegetables, breads and dairy Grand Total: $174,679.54 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 28, 2014 Action Item for the City Council Meeting of February 11, 2014 0ORPOR 11 1832 DATE: January 28, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb _cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha _cctexas.com 361-826-3932 F_ Ambulances CAPTION: Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC), in the amount of $281,800, of which $14,899.47 is required in FY 2013-2014. The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the City's lease/financing program. PURPOSE: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. BACKGROUND AND FINDINGS: Currently, the City operates twelve frontline ambulances and five reserve units. ALTERNATIVES: CNG is not available for this truck. OTHER CONSIDERATIONS: Financing for the lease-purchase of the ambulances is based on a sixty month term with an estimated interest rate of 2.22% for an annual payment of $59,597.88. The total estimated cost over the five- year period, including principal of $281 ,800.00 and interest of $16,189.50, is $297,989.50. 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. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $255,997.00 $283,090.03 $539,087.03 Encumbered / Expended Amount $236,425.12 $236,425.12 This item $14,899.47 $283,090.03 $297,989.50 BALANCE $4,672.41 $4,672.41 Fund(s): General Fund Comments: The $14,899.47 financial impact shown above represents three months of payments that will be encumbered through the end of this fiscal year. The remaining $283,090.03 for the fifty seven months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. HGAC CONTRACT NO. AM10-12 PRICE SHEET AMBULANCES CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO COUNCIL DATE: JANUARY 28, 2014 KNAPP CHEVROLET HOUSTON, TX Unit Extended Description Qty. Unit Price Price 1. 2015 Frazer Type I, Ambulance, 2 each $ 140,900.00 $281,800.00 Chevrolet C3500 6.0 liter gas engine with air suspension package, plus H-GAC Fee. TOTAL: 281.800.00 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of January 28, 2013 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of February 11, 2014 DATE: January 15, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Interim Assistant City Manager for Public Works and Utilities MarkVV @cctexas.com (361) 826-3189 FROM: Gustavo Gonzalez, P.E., Executive Director of Utilities GustavoGo@cctexas.com (361) 826-1874 Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Engineering Design Contract Whitecap Wastewater Treatment Plant Ultra-Violet (UV) Disinfection System Upgrade CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 3 to the engineering design contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $416,540.00, for a total restated fee of $743,640.00 for the Whitecap Wastewater Treatment Plant (WWTP) Ultra-Violet (UV) Disinfection System Upgrade. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 3 to the engineering design contract for Whitecap Wastewater Treatment Plant Ultra-Violet Disinfection System Upgrade. BACKGROUND AND FINDINGS: Amendment No. 3 provides for the additional design services of Freese and Nichols, Inc. (FNI) which are outside of the original project scope, but are necessary to facilitate construction and operation of the enhanced Ultra-Violet (UV) disinfection system for the Whitecap Wastewater Treatment Plant. Additional services include the design elements of up to three new UV channels to replace the existing system, a re-lift pump station to provide sufficient head for the disk filters, canopies over the disk filters and UV channels to prevent algae growth, and provide an improved working environment for operation's employees. The recommended improvements will also include electrical and instrumentation improvements required for supporting the disinfection improvements. This project is needed to ensure compliance with new TCEQ discharge permit requirements. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Ca ital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $347,206.00 $2,327,021.00 $2,300,000.00 $4,974,227.00 Additional CIP Request $4,600,000.00 $4,600,000.00 Encumbered / Expended Amount $347,206.00 $347,206.00 This Item $416,540.00 $416,540.00 Future Anticipated Expenditures This Project $1,910,481.00 $6,847,413.00 $8,757,894.00 BALANCE $0.00 $0.00 $52,587.00 $52,587.00 Fund(s): Wastewater C I P#8 Comments: This project requires approximately 1,530 calendar days with anticipated completion in September 2016. The amendment will result in the expenditure of an amount not to exceed $416,540.00. RECOMMENDATION: City Staff recommends approval of Amendment No. 3 to the Engineering Design Contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $416,540.00, for a total restated fee of $743,640.00 for the Whitecap Wastewater Treatment Plant (WWTP) Ultra-Violet (UV) Disinfection System Upgrade. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WHITECAP WASTEWATER TREATEMENT PLANT ULTRA-VIOLET DISINFECTION SYSTEM UPGRADE FUNDS AVAILABLE: Prior Wastewater CIP............................................................................... $674,227.00 Wastewater CIP (2013-2014)......................................................................... $2,000,000.00 Wastewater CIP (2014-2015)......................................................................... $2,300,000.00 Additional Future CIP Request........................................................................ $4,600,000.00 TOTAL.................................................................................................. $9,574,227.00 FUNDS REQUIRED: Construction (Estimate)................................................................................. $7,370,000.00 Contingencies........................................................................................ $737,000.00 Engineer Fees: Design Engineer(Freese and Nichols, Inc.)*...................................................... 327,100.00 Design Engineer-Amend. No. 3 THIS CONTRACT (Freese and Nichols, Inc.)**....... 416,540.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................ 192,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt).................................... 335,000.00 Finance...................................................................................................... 96,000.00 Misc.......................................................................................................... 48,000.00 TOTAL...................................................................................................... $9,521,640.00 PROJECT BUDGET BALANCE..................................................................... $52,587.00 *Original Agreement approved by City Council on June 19, 2012 by Motion 2012-113 **Geotechnical Construction Materials Testing included in Amendment No. 3 K:I NGINEERING DATA XCHANGE1JOR C2VJORGE IMISC\ XHIBITS4rzXH 10179wEXF-1 10175 Tarr P/ %%/% „ : �PROJECT lCCAT047N . �:rr, ,. � r ; /i ,ice7/%// r �r�///�/ Y %%%/%'%/ ' .. PROJECT LQCATIC�N 7C / r d7 7 li!ioii, /r/i/ G/% rr% %rrrrr //� r v ri" iZ ry Lj 4A / < Cl / / i c / WITE CAP BLVD rr / ; �. l// r''i Will, , /i i..,:..r ,,;� „-,„ ,,,v✓/ri/,////,/��/, s.,,,. ,,,,,/rJii� �� ,/ : ... ,,,,,,, rriy a,i . %orin �N MAP NOT TO SCALE PROJL ACT#x''10"179 W HITECAP WASTEWATER TREATMENT CITY COUNCIL EXHIBIT PLANT ULTRA-VIOLET DISINFECTION CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SYSTEM UPGRADE PAGE: 1 of 1 s..�.re.r AMENDMENT NQ. 3 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and FREESE AND NICHOLS, INC. hereinafter called "Engineer"', agree to the following amendments to the Contract for Professional Services for Whitecap Wastewater Treatment Plant Ultra-Violet Disinfection System Upgrade (Prooect—No. E101'179), as authorized and administratively amended by: Original Contract June 19, 2012 Motion No. M2012-113 $249,352.00 Amendment No. 1 December 11, 2012 Administrative Approval $46,922�00 ....... ......... ..... Amendment No. 2 January 18, 2013 Administrative Approval $30,826.00 The original contract, Exhibit "A", Basic Services shall be amended to include basic and additional services as specified in Amendment No. 3 Exhibit "A" and Exhibit"A-1". The original contract, Exhibit "A", Summary of Fees shall be modified as specified in Amendment No. 3 Exhibit "A" Summary of Fees, for a fee not to exceed $416,540.00 (Four Hundred Sixteen Thousand Five Hundred Forty Dollars and Zero Cents), for a total restated fee not to exceed $743,640.00 (Seven Hundred Forty-Three Thousand Six Hundred Forty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 3 Exhibit "B". All other terms and conditions of the June 19, 2012 contract between the City and Engineer and any amendment to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI F EESE AND NICHOLS, INC. `2 Mark Van Vleck, P.E., Date R Guzman, P.E., Date Interim Assistant City Manager Principal for Public Works and Utilities 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax Daniel Biles, P.E., ate Executive u 7 Works Director o P 3�r-5-4e,7��-,- , IL Op4 rat 9b Departm Date APPROVED rr",N[TERED Office of Management and Budget Date Y 2013 Project Number: E10179 ATTEST Fund Source: 550950-4249-00000-E101.79, 21,0,000.00) Fund Name: Wastewater 2012B GIP (Rev lads} Fund Source: 550950-4252 00000-E10179 ($206,540,00) City Secretary Fund Name: Wastewater 2013 CIP (Rev Bds) Encumbrance Number: ........... AMEND. NO. 3 PAGE I OF 1 KAENGINEERING DATAEXCHANGEUENNIFERkWASTEWATER1E10179 WHITECAP WWTP ULTRA-VIOLET(UV)DISINFECTION SYSTEM UPGRADEXAMENDMENT NO 2=NTRACT\CONTRACT W MARK VV SIGNATURE.DOCX EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WHITECAP WASTEWATER TREATMENT PLANT ULTRA-VIOLET(UV) DISINFECTION SYSTEM UPGRADE PROJECT NO. E10179 I. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. N/A 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, The Arch itect/Engineer-A/E will: Additional Support to City: a. Preliminary Design Concise Letter: i.Prepare a concise letter documenting the following: 1) Screening of the available UV manufacturers based on experience, applicability and input from the City. The goal of the screening process is to select manufacturers on which the final design will be based on. 2) Evaluation of the configuration of the re-lift pump station. The evaluation will take into account life cycle cost analysis for re-lift pump station following the secondary clarifiers and prior to effluent filters vs. the effluent pump station at the plant discharge. ii.lncorporate City's comments and distribute the FINAL Letter. b. UV Structure—Design a new UV Structure to house the disinfection equipment sized for 7.5 MGD at 60% transmittance and the current discharge permit disinfection requirements as well as all required process piping and electrical connections. c. Re-lift Pumping Station—Disk filters are recommended to improve the quality of the clarifier effluent before it flows to the UV system. There is insufficient available head between the clarifiers and the UV channels. Therefore, a re-lift pump station or the effluent pump station (as recommended by TM in Section a) is required to operate the system and will be designed for a peak flow of 7.5 MGD with expansion capabilities. d. Canopies over UV Channels and Disk Filters—Canopies should be added over new UV and filter structures to prevent algae growth and to provide a sheltered working environment for operations staff. A crane over the new UV structure will be provided for maintenance purposes, if required. e. Design of the new facilities should include consideration of the land use to accommodate future expansions of the new and existing structures to handle the projected ultimate flow. f. Treatment Plant Electrical Improvements AMEND. NO. 3 EXHIBIT "A" Page 1 of 4 i. Design electrical systems to supply new UV system, re-lift pump station, cloth- disk filters, and related appurtenances. ii. Design Power Control Room building, new electrical gear, automatic transfer switch, motor starters, and feeder breakers. iii. Demolish old plant generator and provide a design for a new 480V, 3-phase, diesel generator inside a weatherproof, sound-attenuating enclose to power to the plant. iv. Design wireless 1/0 SCADA system to monitor the new UV system and new re- lift pump station. New SCADA to interface with existing SCADA unit at the plant lift station. Design to include additional HMI screens at the Holly Road office for monitoring the UV system and re-lift pumps. v. Design electrical distribution system associated with the above improvements. 3. Bid Phase. The Arch itect/Engineer-A/E will: Support to City during Bid Phase for additional design phase services. 4. Construction Phase. The Arch itect/Engineer-A/E will: Support to City during Construction Phase for additional design phase services. B. Additional Services 1. Geotechnical Services in support of the additional design phase services. Geotechnical services include eight borings to termination depths of 50-feet within the footprint of the project site, soil sampling, shear strength determination, standard penetration depths (SPT), GPs locates of all boring locations, groundwater readings, GPs locates of all boring locations, groundwater readings, backfilling holes, laboratory testing, and a geotechnical report. 2. Surveying Services in support of the additional design phase services. Surveying services include topographic survey of two different areas (UV area and electrical/front- end of the plant) and production of AutoCAD and XML files. AMEND. NO. 3 EXHIBIT "A" Page 2 of 4 2. SCHEDULE Day Date Activity Tuesday July 9, 2012 Begin Design Monday September 10, 2012 Technical Memorandum Monday October 15, 2012 City Review Friday February 15, 2013 Begin On-line Testing Friday March 22, 2013 Testing Phase Ends Monday April 15, 2013 Testing Report Submittal Monday February 7, 2014 Receive Amendment No. 3 Monday June 2, 2014 50% Submittal Monday July 14, 2014 City Review Monday October 13, 2014 100% Interim Design Submittal Monday November 10, 2014 City Review Monday November 8, 2014 100% "Issued to Bid" Final Design Submittal Friday February 9, 2015 Bid Phase Ends Friday September 16, 2016 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee forthis 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 City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: AMEND. NO. 3 EXHIBIT "A" Page 3 of 4 Summary of Fees WHITECAP WASTEWATER TREATMENT PLANT ULTRA-VIOLET(UV) DISINFECTION SYSTEM UPGRADE (Project No. E10179) SUMMARY OF FEES Original Amend. Amend Amend. Total Contract No. 1 No. 2 No. 3 BASIC SERVICES 1 Preliminary $0.00 $0.00 $0.00 $0.00 $0.00 Phase 2 Design Phase $118,382.00 $46,922.00 $0.00 $361,922.00 $527,226.00 3 Bid Phase $18,760.00 $0.00 $0.00 $5,999.00 $24,759.00 4 Construction $33,994.00 $0.00 $0.00 $6,782.00 $40,776.00 Phase Sub-Total Basic Services $171,136.00 $46,922.00 $0.00 $374,703.00 $592,761.00 ADDITIONAL SERVICES 1 Disc Filters- $56,583.00 $0.00 Design $0.00 $0.00 $56,583.00 2 Disc Filters- Bid $7,993.00 $0.00 $0.00 $0.00 $7,993.00 3 Disc Filters- $7,080.00 $0.00 $0.00 $0.00 $7,080.00 Const. 4 SCADA $6,560.00 $0.00 $0.00 $0.00 $6,560.00 5 Effluent Testing $0.00 $0.00 $30,826.00 $0.00 $30,826.00 6 Geotechnical $0.00 $0.00 $0.00 $33,350.00 $33,350.00 7 Surveying $0.00 $0.00 $0.00 $8,487.00 $8,487.00 Sub-Total Additional $78,216.00 $0.00 $30,826.00 $41,837.00 $150,879.00 Svcs. Total $249,352.00 $46,922.00 $30,826.00 $416,540.00 $743,640.00 M2012-113 Admin Admin M2014- Approval Approval 6/19/12 12/11/12 1/18/13 The estimated cost of construction of Whitecap UV Disinfection Improvements is $7,370,000. The total basic services fee proposal for this project is $592,761. Therefore, the percentage of design cost to construction cost is 8.0%. AMEND. NO. 3 EXHIBIT "A" Page 4 of 4 EXHIBIT"A-1"TASK LIST CITY OF CORPUS CHRISTI WHITECAP WASTEWATER TREATMENT PLANT ULTRA VIOLET(UV) DISINFECTION SYSTEM UPGRADE PROJECT NO. E10179 Amendment No. 3 1. Preliminary Design Concise Letter: a. Prepare a concise letter documenting the following: i. Screening of the available UV manufacturers based on experience, applicability and input from the City. The goal of the screening process is to select manufacturers on which the final design will be based on. ii. Evaluation of the configuration of the re-lift pump station. The evaluation will take into account life cycle cost analysis for re-lift pump station following the secondary clarifiers and prior to effluent filters vs. the effluent pump station at the plant discharge. b. Incorporate City's comments and distribute the FINAL Letter. 2. UV Structure — Design a new UV Structure to house the disinfection equipment sized for 7.5 MGD at 60% transmittance and the current discharge permit disinfection requirements as well as all required process piping and electrical connections. 3. Re-lift Pumping Station— Disk filters are recommended to improve the quality of the clarifier effluent before it flows to the UV system. There is insufficient available head between the clarifiers and the UV channels. Therefore, a re-lift pump station or the effluent pump station (as recommended by TM in Section a) is required to operate the system and will be designed for a peak flow of 7.5 MGD with expansion capabilities. 4. Canopies over UV Channels and Disk Filters—Canopies should be added over new UV and filter structures to prevent algae growth and to provide a sheltered working environment for operations staff. A crane over the new UV structure will be provided for maintenance purposes, if required. 5. Design of the new facilities should include consideration of the land use to accommodate future expansions of the new and existing structures to handle the projected ultimate flow. 6. Treatment Plant Electrical Improvements a. Design electrical systems to supply new W system, re-lift pump station, cloth-disk filters, and related appurtenances. b. Design Power Control Room building, new electrical gear, automatic transfer switch, motor starters, and feeder breakers. AMEND.NO.3 EXHIBIT"A-1" Page 1 of 2 c. Demolish old plant generator and provide a design for a new 480V, 3- phase, diesel generator inside a weatherproof, sound-attenuating enclose to power to the plant. d. Design wireless 110 devices for implementation throughout the plant. This will include new HMI screens at the Holly Road office and new SCADA equipment and programming. e. Design all feed wires and conduit for power distribution associated with the above improvements. AMEND.NO.3 EXHIBIT"A--1" Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent d No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUIPLIER NUMBFR ro BE�:SSIGNED[W-C77------ PURCHASING DIVISION City z.)f CITY OF CORPUS CHRISTI C DISCLOSURE OF INTEREST ch, n City of Corpus Christi Ordinance 17112, as amended, re(JUit-CS all persons or firms seeking to do business with the City to provide the followim,L, information. -,very cluestion must be answered. z:1 It*tile cluestion is not applicable, answer with "NA". See reverse side fir I`iling Requirements, Certifications and definitions, COMPANY NAME: Freese and Nichols, Inc. P. Q. BOX: STREET ADDRESS: 800 N.Shoreline Blvd,Suite 1600N CITY: Cot-pits Christi ZIP: 78401 ...................... FIRM IS: I Corporation 21. Partnership 3. Sole Owner 4, Association 5. Other ... .. ............................................ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pape or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Clu.isti having an -ownership interest"constituting 3% or more ofthe ownership in the above named "Firm.- Name Job `ride and City Departnicrit (if known") P', .................. ..................... 2. State the names of each "official" of tile City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above nanied "firm." NOT ae Title ..................... .......... ................. ................... 3. State the names of each "board member" of the City OfC,011)LIS Christi having an -ownership interest"cotistitutitig 3"/o or more of the ownership in the above named "firm," N 111 Board, Commission or Conimittee ... ..................... .................. .......... 4, State the names of cacti employee or officer ol'a "constiltani" for the City ofCoij)us Christi who worked on any matter related to the subject of this contract and has an interest"" constituting 394) or more ofthe ownership in thecibove named "firm." N a to Consultant .................. ............... ............ ....................................... ............. 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: :1��Q L4 j2_M tt a j Title: ✓`t„� �r`7 (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. trakr` DEPARTMENT Whitecap Wastewater Treatment Plant Ultra -Violet (UV) Disinfection System Upgrade Corpus Chr sti Engineering Council Presentation January 28, 2014 PROJECT LCCATfON Project Scope ➢ New UV Structure Design ➢ New Re -lift Pump Station ➢ Canopies over UV Channels and Disk Filters Corpus Chr sty Engineering ➢ Treatment Plant Electrical Improvements • Design electrical systems to service new UV system, re -lift pump station, and disk filters • Design power control room building • Design new emergency diesel generator WASTEWATER 2 2012 2013 2014 2015 2016 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Project Schedule Corpus Chr sti Engineering Amendment No. 3 Design Project Estimate: 1,530 Calendar Days 50 Months Projected Schedule reflects City Council award of Contract Amendment No. 3 in February 2014 with anticipated construction completion in September 2016. 3 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE: Prior Wastewater CIP Wastewater CIP (2013-2014).................................................................... Wastewater CIP (2014-2015) Additional Future CIP Request TOTAL. $674,227.00 $2,000,000.00 $2,300,000.00 $4,600,000.00 $9,574,227.00 FUNDS REQUIRED: Construction (Estimate)............................................................................ $7,370,000.00 Contingencies.. $737,000.00 Engineer Fees: Design Engineer (Freese and Nichols, Inc.)* 327,100.00 Design Engineer - Amend. No. 3 THIS CONTRACT (Freese and Nichols, Inc.)**... 416,540.00 Reimbursements: 671,000.00 TOTAL PROJECT BUDGET BALANCE $52,587.00 $9,521,640.00 *Original Agreement approved by City Council on June 19, 2012 by Motion 2012-113 **Geotechnical Construction Materials Testing included in Amendment No. 3 WSTEWATER 4 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of January 28, 2014 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of February 11, 2014 DATE: January 8, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Interim Assistant City Manager for Public Works and Utilities MarkVV @cctexas.com (361) 826-3189 FROM: Gustavo Gonzalez, P.E., Executive Director of Utilities GustavoGo@cctexas.com (361) 826-1874 Engineering Design Contract Programmed Water Line Service Life Extension for City-Wide Distribution Repair and Replacement- Indefinite Delivery/Indefinite Quantity (IDIQ) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $228,440.00, for a total restated fee not to exceed $267,540.00 for the Programmed Water Line Service Life Extension for City-Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the Programmed Water Line Service Life Extension, City-Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement to complete the project design. BACKGROUND AND FINDINGS: The City initiated Programmed Water Line Service Life Extension Project to provide a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). In response to the City's Street Preventative Maintenance Program (SPMP), the City- Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) program is amended to the Programmed Water Line Service Life Extension project to assess, analyze and replace aged water lines identified by the Water Department. This contract amendment includes the preparation and development of Indefinite Delivery/Indefinite Quantity (IDIQ) construction documents and delivery orders for the citywide replacement and repair program for waterlines in various locations. The IDIQ construction project will support the City's efforts to increase the waterline maintenance program and shall be developed in conjunction with the work plan identified for SPMP and waste water maintenance projects. The IDIQ bid package developed under this contract amendment will include construction plans and details for delivery orders, and shall include generic unit price proposal and technical specifications. The Engineer Services in this amendment contract are divided into three phase as below: • Phase I - Phase I procurement of engineering and consulting services will include preparation of Indefinite Delivery/Indefinite Quantity (ID/IQ) construction bidding documents, assistance in the bidding process, evaluation of the bids and recommendation of the successful bidder. Once the successful bidder is under contract the City, at its discretion, will authorize Urban Engineering to proceed with Phase II and Phase III. • Phase II (Not Authorized) - Phase II will incorporate engineering services to assess water distribution system data provided by the City. The data will be assessed in order to determine and or confirm whether water distribution works associated with selected City projects require repairs or full replacement. • Phase III (Not Authorized) - Phase III will incorporate engineering services for preparation of delivery orders to be issued to the successful bidder determined in Phase I. Urban Engineering has been working as a Consultant Engineer for the City's water distribution projects for many years and was selected for this project as the Consultant Engineer for the City's Programmed Water Line Service Life Extension Project (8610) through Water CIP RFQ 2012-03. ALTERNATIVES: 1. Execute the amended Engineering Design Contract with Urban Engineering as proposed. 2. Do not execute the amended Engineering Design with Urban Engineering as proposed. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years 2013-2014 Expenditures (2013-2014) TOTALS (CIP only) Line Item Budget $663,627.00 $2,561,373.00 $5,000,000.00 $8,225,000.00 Encumbered / Expended Amount $663,627.00 $663,627.00 This Item $228,440.00 $228,440.00 Future Anticipated Expenditures This Project $2,332,933.00 $4,658,290.00 $6,991,223.00 BALANCE $0.00 $0.00 $341,710.00 $341,710.00 Fund(s): Water Cl P #11 Comments: The amended Engineering Design Contract will result in the expenditure of an amount not to exceed $228,440.00. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $228,440.00, for a total restated fee not to exceed $267,540.00 for the Programmed Water Line Service Life Extension for City- Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Programmed Water Line Service Life Extension City-Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement FUNDS AVAILABLE: Water CIP...................................................................................... 8,225,000.00 FUNDS REQUIRED: Construction Estimate...................................................................... 6,400,000.00 Contingency (10%).......................................................................... 640,000.00 Engineer Fees: Design Engineer(Urban Engineering*)................................................ 39,100.00 Design Engineer THIS AMENDMENT NO. 1 (Urban Engineering)............ 228,440.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................... 102,812.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)...................... 329,000.00 Finance........................................................................................ 102,812.50 Misc. (Printing, Advertising, etc.)........................................................ 41,125.00 TOTAL......................................................................................... $7,883,290.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $341,710.00 *Urban Engineering was selected as Engineer of this project through Water CIP RFQ 2012-03 102,812.50 1.25% 329,000.00 4.00% 102,812.50 1.25% 41,125.00 0.50% 575,750.00 j /ir rrirro�, rr%�, oil "% ff � I 771177 'WV 44 sp PC MW .,. , :a". .,; y� •. . .° �rii��/, ,iii riiiiiiiii ri ��'i%�fi/ / " ,,-" •°^r ,. �, v ..., / ' /' i r //' rill/�/fir/�/�����/�//�`. k H e r / r w, %i% r� L ol"0 1 TIO MA P NOT TO SCALE PROJECT NO. 8610 CITY WIDE DISTRIBUTION REPAIR CITY COUNCIL EXHIBIT AND REPLACEMENT- INDEFINITE DELI ERA CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES INDEFINITE QUANTITY(lDIQ) PROCUREMENT PAGE. °I of I .= , CITY OF CORPUS CHRISTI AMENDMENT NO. 1 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 Drive, Corpus Christi, Nu�eces County, Texas 78404, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Pro rammed Water Line Service Life Extension for City-Wide Distribution Repair and Replacement - Indefinite Deliver /Indefinite Quanti IDIQ) Procurement (8610) - This contract amendment includes the preparation and development of five Indefinite Delivery/indefinite Quantity (IDIQ) construction documents and delivery orders for the citywide replacement and repair program for waterlines in various locations. 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 Amendment No. I Exhibit"A", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers, For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services, Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services, The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Amendment No. 1 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(AIE)Services Page I of 3 K:ENGINEERING DATAEXCHANGEIJENNIFER%WATERk8610 PROGRAMMED WATER LINE SERVICE LIFE EXTENSION%AMENOMENT NO,11CONTRACTICONTRACT REVISED FROM DANIEL W MARK VV SIGNATURE,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 Amendment No. 1 Exhibit"B". 5. FEE The City will pay the A/E a fee, as described in Amendment No. 1 Exhibit "A', for providing services authorized, a revised fee not to exceed $228,440.00 (Two Hundred Twenty-Eight Thousand Four Hundred Forty Dollars and Zero Cents) for a total restated fee not to exceed $267,540.00 (Two Hundred Sixty-Seven Thousand Five Hundred Forty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 1 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 70%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 30% 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 Contract for Engineering(A!E)Services Page 2 of 3 KAENGINEERING DATAEXCHANGEUENNIFERIWATER18610 PROGRAMMED WATER LINE SERVICE LIFE EXTENSIONIAMENDMENT NO.11CONTRACnCONTRACT REVISED FROM DANIEL W MARK VV SIGNATURE.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. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI URBAN ENGINEERING N, A- 10, 13 Mark Van Vleck, P.E., Date James L. Urban, P.E., Date Interim Assistant City Manager 2725 Swantner Drive for Public Works and Utilities Corpus, Christi, Texas 78404 (361) 854-3101 Office (361) 854-6001 Fax RECOMMENDED Daniel Biles, P.E., Nate Executive Director P is Works ,Crp atii g, Department Date APPROVED E!NIT ERE D Office of Management Date and Budget ATTEST Project No. 8610 Fund Source No: 5,50950-4093-00000-180198 Fund Name: Water 2013 CIP (Rev Bds,) Encumbrance No: CitySecretary .................................................. Contract for Engineering(A/E)Services Page 3 of 3 K�IENGMEERING C7ATAEXCHANGIEWENNWERIWATER18610 PROGRAMMED WATER LINESERWCE LIFE EXTENSIOWAMENDIVIENT NO.VCONTRACT=NTRACT REVISED FROM DAN,IEL W MARK VV SIGNATUREMOC URBAN Job No,: 33760.133.02 ENGINEERING December 3, 2013 TRANSMITTED VIA EMAIL Mr. Daniel: Biles, P,,E, Director of Engr. Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject- Amendment NoJ - Programmed Water Line Service Life Extension #8610) City-Wide Water Distribution System Repair and Replacement - ID/IQ Procurement Dear Dan: In response to a City request we are proposing the following contract amendment to the Programmed Water Line Service Life Extension (#8610), It is our understanding that the City desires to establish a replacement and repair program for waterlines in various locations throughout the City. To accomplish this task we propose the following approach: Phase I - In Phase i Urban Engineering will provide engineering and consulting services to prepare Indefinite Delivery/Indefinite Quantity (ID/IQ) construction bidding documents, assist in the bidding process, evaluate the bids and provide a recommendation of the successful bidder. Once the successful bidder is under contract the City, at its discretion will authorize Urban Engineering to proceed with Phase 11 and Phase 111, Phase III (Not Authorized) - In Phase II Urban Engineering will provide engineering services to assess water distribution system data provided by the City. The data will be assessed in order to determine and or confirm whether water distribution works associated with selected City projects require repairs Or full replacement. Phase III (Not Authorized) - In Phase 111, Urban Engineering will provide engineering services for preparation of delivery orders to be issued to the successful bidder determined in Phase I. 1, SCOPE OF SERVICES: PHASE I Task 1 —Design Phase Services (ID/IQ Bidding Do menu a. Attend (1) one kickoff meeting b, Provide Project Management services to ensure that the project deliverables that are provided meet the stakeholders requirements c. Review, study, and verify all comments and recommendations from the "lessons learned" and incorporate into the new City-wide Water IDIQ project contract documents. CLty of Corpus Christi to provide the minutes of meetings held during the preparation of the Cit -Wide Wastewater ID/IQ Proiect. (361)854-3101 2.725 C I STFTFX77S 78 404 FAX(36 D85/1-6001 W'WAY 1301 V"I I BPF�Hr i n"14,13 AMEND. NO. I 1[3PLS Firmi a 100 3'2.107!07 EXHIBIT "A" I Pa 1 of 11 Proposed Fee(Task 1 Items a through c):$7,420 d. Urban Engineering will develop a water main, valve, water service, hydrant, and meter, repair and replacement unit-price matrix for varying sizes of utilities. This table will also Include ancillary items such as fence removal and replacement, seeding sodding, pavement repair, sidewalk repair, curb and gutter repair, traffic control, utility conflicts, waterline testing,etc. e. Prepare"hypothetical"final quantities and estimates of probable costs which will be used for bidder evaluation. Develop a revised bid item matrix which will provide benefits to the City with respect to economy of scale. f. Attend(2)two meetings to review the unit price matrix g. Engineer will prepare a sample delivery order to be included as an attachment in the bid documents. This document will clearly define the contractor's expectations on the type of information typically included in future delivery orders and the level of detail to be expected. In addition, it will provide clear guidance on the anticipated format of future delivery orders and will define the documents required, provide suggestions on the type of information recommended, and offer examples of plan sheets, photos, and cost estimates. h. Provide typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. Include bid items for signage, illumination, markings and striping, and signalization. The City Traffic Engineering Department will have final authority on the appropriate traffic control set-ups for each delivery order site. I. Provide Quality Assurance/Quality Control(QA/QC)measures to ensure that submittal of the pre-final,and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. j. Urban Engineering will prepare construction contract documents (plans and specifications) for the City-Wide Water Distribution System Replacement and Repair ID/IQ Procurement. These plans and specifications will follow a format similar to the format that was developed for the City Wide Collection System Rehabilitation and Replacement IDIQ Procurement(City Project E12161)project. I. Prepare one (1) set of PRE-FINAL and one (1) set of FINAL Contract and Bid Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized;and such other essentials as may be necessary for construction and cost analysis. Both packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. ii. Fallowing the City's review of the PRE-FINAL submittal package, Engineer will assimilate all review comments and make the appropriate modifications and additions/deletions to the FINAL bid package. 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. iii. Attend(1)one PREFINAL complete design meeting to review the contract and bidding documents.Attend(1)one FINAL complete design meeting to review the contract and bidding documents. Proposed Fee(Task 1 Items d through j):$59,570 Page 2 of 6 M 1 Task 2—Bid Phase Services Urban Engineering will provide the following bid phase services: a. Attend Pre-Bid Meeting b. Attend Bid Opening c. Review and prepare responses to RFI's d. Prepare addenda as needed for the project execution e. Prepare a bid evaluation and provide a written recommendation to the City Proposed Fee(Task 2):$7,440 Task 3-Construction Phase Services 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 for conformance to contract documents, shop and working drawings, materials and other submittals. Proposed Fee(Task 3):$6,640 TOTAL,PHASE I FEE: $81.070 PHASE II(NOT AUTHORIZED) Task 1 —Review and Assessment of Data Collected by the City(DO#1 to DO#5) Urban Engineering will coordinate with the City to review the pipe material, age, repair and location data (including GIS data) collected and compiled by the City of Corpus Christi for the street overlay program (Delivery Orders 1 through 5, see attached). This data will be reviewed and assessed to confirm the need for replacement or repair of the selected water lines, as noted in the delivery orders. Proposed Fee(Task 1):$10,870 Task 2—Review and Assessment of Additional Data Collected by the City Urban Engineering will coordinate with the City to review, compile and assess additional data (including GIS data)collected by the City of Carpus Christi. This data will be used to determine the need for replacement of the selected water distribution works for up to five (5) additional delivery orders. Proposed Fee(Task 2):$10,870 Task 3—Meetincrs Urban Engineering will attend the following meetings with the City engineering and operations staff: a. Attend(1)one meeting with the City to discuss the proposed Delivery Orders (DO# 1 to DO#5) Page 3 of 6 E N0.1 T"A"oi III b. Attend(1)one meeting with the City to discuss up to(5)five future delivery orders. Proposed Fee(Task 3):$3,360 TOTAL PHASE II FEE:$25.100 PHASE III lNOT AUTHORIZED) Task 1 -Delivell Order Preparation a. Engineer will perform site visits, review inspection reports, repair reports and meet with City to Identify water distribution system issues and the possible rehabilitation options. b. Engineer will submit a "draft° version of each non-emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including inspection reports, City work orders,old plans,etc. d. Review field and laboratory tests. e. 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. f. 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. g. Prepare change orders as authorized by the City(coordinate with the City's construction division). h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. Proposed Fee:$112,820 Task 2-Topographic Survey a. Topographic survey is not anticipated to be needed on most deliver order sites, except where horizontal and/or vertical control is critical for the design and construction of the proposed improvements to avoid potential conflicts, and/or to confirm slopes, etc. b. The Topographic Survey allowance is based on one (1) 8-hr day of (2-man) field crew work and is sufficient for up to one(1)site. Proposed Fee:$3,810 Task 3-Warranty Phase a. Engineer will prepare a list of all sites completed at the end of a 12-month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. b. Engineer will provide a warranty inspection of all sites toward the end of the 12- Page 4 of 6 AMEND.NO. EXHIBIT"A" Page 4of11 month period and generate a warranty items punch list. The Warranty Phase allowance is based on one (1) 12-month warranty period. Proposed Fee: $5,640 TOTAL PHASE III FEE: $122,270 II. SCHEDULE: We proposed to complete the Phase I tasks described above within (60) sixty days of receiving the notice to proceed. The schedule for Phase II and III will be determined once the project has been awarded to the successful bidder. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the ME a not- to-exceed fee as per the table below. All fees for Phases 11 and III are unauthorized at this time, requiring authorization by the Director of Engineering. Summary of Fees Basic Services Fees PHASE PHASE II PHASE III 1. Preliminary Phase $7,420 2. Design Phase $59,570 3. Bid Phase $7,440 4. Construction Phase $6,640 Subtotal Basic Services Fees $81,070 Additional Services Fees(Allowances) 1. Assessment/Selection of Proposed Work $25.100 2. Delivery Order Preparation $112,820 3. Topographic Survey $3,810 4. Warranty Phase $5.640 Sub Total Additional:Services Fees $147,370-1 $25,100 $122,270 Total Fee $228,440 Notes: I.The Delivery Order allowance will be determined and billed,at rates shown In the Compensation Table below,as the final delivery orders are issued to the Contractor. The actual fee depends an the value of the delivery orders issued. The fee noted above Is based on the Clys Water CIP budget of$2,375,926 for the Street Overlay Program (see attached). Page 5 or a M 1 The following compensation table will be used to determine the Delivery Order fee; COMPENSATION TABLE Construation Cost of Delivery Order A/E Fee $0 to$30,000 $3,750(Flat Rate) $30,000 to$100,000 10.0% $100,000 to$150,000 6.25% $150,000 to$250,000 5.5°/6 $250,000 to$350,000 5.0% Over$350,000 4.75% If the average value for a delivery order is $475,025 then the total basic services fee would be as follows: $2,375,126(estimated work) #Delivery orders=$2,375,126/$475,025=5 Fee=5 orders x$475,025 x 4.75%= 11 Z820 If the above is acceptable, please prepare an amendment to our AE Contract for signatures. Should you have any questions please let me know. Sincerely, URBAN ENGINEERING r J. Douglas McMullan, P.E. JDMI Enclosures x Bill Green,P.E.—Engineering Services Wend via email Page 8 of 6 AMEND. NO.1 EXHIBIT"A" page 6 of 11 \\moo\\\\ '+ W les [Rsslnbuiivn delivery tlldef S OVv-rtay Cott • • A s' { r\ ,. = o.OS --w.--- IIIIMEINMENIMENIMIIIIIIIIIIIMMI- _rte\ --F 3 . _- - _._ _.�. e, • • A 4.0 cp = Z 0007 • 0 z p DeZPotty Order Oveltzy \\y \04 1.7 erg ................... aist$31.33A3o3, 1.43,--4,-y 034g, C3,3trfay Wg."22 r.3.! rIN 1 3. 151.7-E! NN = NN NCN"NN „,. - N.' 1NN NN N - _ - - ET] 1.0 1/4'1 o —I z* 'w,*4,444 444,44 -4.4-4-M444444, 44444.444444-4. 7,4,4414,441 44,44,44.4„,4,4-44,44 , 44,444 4,4,, -4444-74-444--,444 '444 4,,,, p444.44:444`44 .4.4,4;4=4441 4, -4,444 ✓ mE x CD Z o z >a "_s W4144 Dninbut,p4 130.4frit UFtder 5 Overlay 4.4 444 -{xe 3=Ixr�i.sE SZt 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 $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/$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 500,000/500,000/500,000 AMEND.NO.1 EXHIBIT"B" Pa e 1 of 3 K9Engl -*Q D8ftExd=96UEWaFMF0RMSZxNb11 a for large-kw w=a Uftmfflfi=ion.d= C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes.All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361)826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 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. FIEXH'![Bff D.NO. 1 "B" Page K X4AeeM9 08t8&XhaN*%JENMF NMRMS*xftbit 8 for Largo-ftmrtm S tndamrtiltcatlon.Gou 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. :EX]HIBIT D.NO. 1 "B" Page K1Engineering QaWE%dmvvd lENNIFERIFORMS1EdubM 13 to Large.prance&lnde=jf=ban.doa Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 . 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUITHER NIJMBI:R riot TO 13E�SSIGNI".1)"BYTTTY PURCHASING DIVISION City of CI'VY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City ofCor-pus Christi Ordinailcc 17112, as amended, requires all persons or firms seeking to do business with the City to rovide the following information. Everyi�Ljestion must be answered. ZP If the question is not applicable, answer with "NA". See reverse s e for I"ifing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. 0. BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association e 5. Other DISCLOSURE QtfESTIONS If additional space is necessary, please use the reverse side ofthis pa or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Crash having an "ownership interest"constituting 3%,or more of the ownership in the above named 'firm." N ne Job Title and City Department(if known) 1 State the names of each "official" ol'the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm."' Name Title 3. State the names of each "board member" of the City Of C01-1)LIS Christi having an "ownership interest"Constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee A I IA- 4. State the names of each employee or officer of a '*consultant" for the City of Corpus Christi who Nvorked oil any matter related to the subject of this contract and has all "ownership interest"constituting 3% or more of"the ownerstilp in the above named "firm.'" Name Consultant /IA- --7 .......... FILING REQUIREMENTS ff a person who reclUests official action on a matter knows that the r-eclucsted 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 tiled with the City Secretary. [ "ihics Ordinance Section 2-349 (d)] C'ER I'II IiC`A'I"ION I certify that all information provided is true and correct as of, the date of this statement, that l have not knowingly withheld disclosure of an), information r°ecluested; and that supplemental staternents will be promptly submitted to the City of Corpus Christi, Texas as changes occur. C cz tCying Person: � r` Title: an �......m ._ .._ �7 _ ........_..m.... t r,a��,"�r�"•n��> Certifying Signature �can urc o Date: �... .. I cf" }in<�s, "�"�' ". F 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 as Substantial segment thereof. c, "`E mployee.- Any persona ernployed by the City of'Corpus orpus Cwhri:sti, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firnt." Any entity operated fear 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 Farm 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, natcmbcrs 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 ofventure 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 recornniendation. City -Wide Water Distribution System Repair and Replacement ID/IQ Procurement Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering The City is establishing a replacement and repair program for waterlines in various locations throughout the City. The project will be phased as follows: Phase I - Phase I procurement of engineering and consulting services to prepare Indefinite delivery/Indefinite Quantity (ID/IQ) construction bidding documents, assist in the bidding process, evaluate the bids and provide a recommendation of the successful bidder. Once the successful bidder is under contract the City, at its discretion will authorize Urban Engineering to proceed with Phase II and Phase III. Phase II (Not Authorized) - Phase II will incorporate engineering services to assess water distribution system data provided by the City. The data will be assessed in order to determine and or confirm whether water distribution works associated with selected City projects require repairs or full replacement. Phase III (Not Authorized) - Phase III will incorporate engineering services for preparation of delivery orders to be issued to the successful bidder determined in Phase I. ti a Amo oRRO 2 Project Scope Corpus Chr sti Engineering CITY OF CORPUS CHRISTI, TEXAS Water Pressure Zones 0 6 12 Miles Fi?e: H:'PLN-€33 R\SHARED\GIS Proie alp Date: 7729€2OQ9 eteivateeigare.mad Prepared BY: MDer ;:.2609 City of Corpus Christi, Texas 3 Project Schedule Corpus Chr sti Engineering Project Design Estimate: 60 Calendar Days N 2 Months Project Construction Estimate: 365 Calendar Days N 12 Months Projected Schedule reflects City Council award in January 2014 with anticipated construction start date in July 2014. ti a Amo oRRO 4 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE: Water CIP................ FUNDS REQUIRED: Construction Estimate. Contingency (10%)..... Engineer Fees: Design Engineer (Urban Engineering*)............................................ Design Engineer THIS AMENDMENT NO. 1 (Urban Engineering)......... 8,225,000.00 6,400,000.00 640,000.00 39,100.00 228,440.00 Reimbursements: 575,750.00 TOTAL $7,883,290.00 ESTIMATED PROJECT BUDGET BALANCE $341,710.00 *Urban Engineering was selected as Engineer of this project through Water CIP RFQ 2012-03 ti a Amo oRRO 5 PH AGENDA MEMORANDUM Future Item for the City Council Meeting of January 28, 2014 "aapoaE° Action Item for the City Council Meeting of February 11, 2014 1852 DATE: December 30, 2013 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Interim Assistant City Manager of Public Works and Utilities markvv @cctexas.com; 826-3897 FROM: Daniel Biles, P.E., Executive Director of Public Works danb @cctexas.com; 826-3729 Engineering Design Services Contract Cefe Valenzuela Landfill Disposal Cell Construction of 1B & 1C CAPTION: Motion authorizing the City Manager or designee to execute an Engineering Design Contract with C P & Y, Inc. of Dallas, Texas in the amount of $623,565.00, for Cefe Valenzuela Landfill Disposal Cell Construction of 1 B and 1 C for the design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to authorize the selected consultant to prepare plans and specifications required for the construction of landfill disposal cells 1 B and 1 C for the Cefe Valenzuela Landfill, including support for bidding, construction, and post construction activities. This includes compliance with applicable Texas Commission of Environmental Quality (TCEQ) regulations and the Cefe Valenzuela TECQ Permit as amended or modified unless specifically excluded. BACKGROUND AND FINDINGS: Cefe Valenzuela Landfill has approximately three years of waste capacity remaining in the lined areas. Capacity exhaustion is anticipated December 2015. It is recommended that design for active cell expansion plans and specifications should begin 18 months prior to this date to ensure capacity availability. Cell 1A is approximately 12.5 acres and Cell 1C is approximately 7 Acres. Construction and regulatory completion shall be achieved no later than 90 days prior to reaching permitted capacity of Disposal Cell 1A. This sequence of Cell construction is in conformance to the TECQ approved site operating plan for the Cefe Valenzula Landfill. The expected life span of the proposed Cells is about 2.5-3 years (2,047,000 cubic yards). The proposed cells are in full compliance with the existing permit, requiring no permit modifications. This contract also includes required reporting to the TCEQ to demonstrate proper construction. ALTERNATIVES: 1. Award the Engineering Design contract to C P &Y Inc. as proposed. (recommended) 2. Do not award the Engineering Design contract to C P &Y Inc. as proposed. (not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: C P & Y, Inc. of Dallas, Texas was selected for this project as a result of RFQ No. 2011-05 Multiple Services: Landfill, Storm Water, Wastewater, Water and Miscellaneous Projects for Professional Services for Department of Engineering Services. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- Project to Date 2014 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $130,000.00 $3,327,500.00 $3,457,500.00 Encumbered / Expended Amount $0.00 $0.00 This item $117,314.00* $506,251.00** $623,565.00 Future Anticipated expenditures for this $12,686.00 $2,805,189.00 $2,817,875.00 project BALANCE $0.00 $0.00 $16,060.00 $16,060.00 Fund(s): PH & S 10 Comments: * Design services only authorized during current CIP FY funding. ** Recertification under new FY 2014-2015 CIP funding approval required to secure bid and construction procurement services in compliance with TCEQ permit requirements. RECOMMENDATION: City staff recommends the Engineering Design Contract be awarded to C P &Y Inc. of Dallas, Texas in the amount of$623,565.00. The design contract consists of two major elements: the design service for construction procurement (8% of construction costs) and Geotechnical Ballast Evaluation Report which is 18% of construction cost. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET ESTIMATE Cefe Valenzuela Landfill Disposal Cells Construction - Sectors 1 B, 1 C E13035 December 5, 2013 PROJECT FUNDS AVAILABLE: Sanitary Landfill CIP FY 2013-2014......................................................................... $ 130,000.00 Sanitary Landfill CIP FY 2014-2015 & FY 2015-2016................................................... 3,327,500.00 Project Total 3,457,500.00 FUNDS REQUIRED: Construction (preliminary estimate).......................................................................... 2,400,000.00 Contingency(10%)............................................................................................... 240,000.00 Design Fees: Engineer(CP&Y).................................................................................................. 304,884.00 Geotechnical Quality Assurance and Ballast Evaluation Report (Under CPY Contract)....... 318,681.00 Reimbursements.................................................................................................. 177,875.00 TOTAL............................................................................................................... $ 3,441,440.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ 16,060.00 K:NENGINEERING DATAEXCHANGE\JORGEC2\JORGEC\EXHIBITS\EXHE13035NEXHE13035 NMI, ROJECT LOCATION # E13035 MINN. EFE VALENZUELA DISPOSAL CELLS 18 AND 1 C �0 m/00�' NEW g W, I,m N, 011/l/ POO ......... ... ......... L "n mar, 'M .............. as./m/m/m/m, olms, /A 1A I I dill lk� 4 B ........... 3D 3C rzy W/ F/ Is IN I ME/ .5 ------------ ............................... ig migg////��/?/g/' L OCA TION MAP PROJECT#E13035 NOT TO SCALE CEFE VALENZUELA DISPOSALS CELLS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS 1B AND 1C DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 r , i CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County,Texas 78469-9277 (City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and C P &Y. Inc., a Texas corporation, 1820 Regal Row, Suite 200, Dallas, Dallas County, Texas 75235, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Cefe Valenzuela Landfill Disposal Cells Construction — Sectors 1 B & 1 C (Project No. E13035) —The design of liner plans and specifications for landfill disposal cells 1 B and 1 C for the Cefe Valenzuela Landfill. The construction of Cell 1 B is approximately 12.5 acres and Cell 1 C is approximately 7 acres. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"-(Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Page 1 of 3 KIENGENEERING DATAEXCHANGEIANGIEM%SOLID WASTSE13035 CV DISPOSAL CELL CONSTRUCTIO 113 8 1CIAGENDA ITEWCONTRACT PROFESSIONAL r 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 $623,565.00, (Six Hundred Twenty Three Thousand Five Hundred Sixty Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause,terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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. Contract for Engineering(A/E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGE%ANGIEWSOLID WASTME13035 CV DISPOSAL CELL CONSTRUCTIO 1B&1CIAGENDA ITEWCONTRACT PROFESSIONAL 10, DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI C P & Y, INC. Mark Van Vleck, P, E. Date -With-am-R-. -Hind'm-ai. at Interim Assistant City Manager Senior Vice President of Public Works and Utilities 1820 Regal Row, Suite 200 Dallas, TX 75235 (361) 638-0500 Office (361) 638-3723 Fax RECOMMENDED a ct r rr,::) Daniel Biles, P. E., Date ENTERED Director of Engineering Services OCT 22 20,13 Lawrence Mikolajczyk Date CONTRACT MANAGERS Director of Solid Waste Project No. E13035 APPROVED Fund Source No, 550950-3365-00000-E13035 Fund Name-, Sanitary Landfill 2008 CIP Encumbrance No, .......... Office of Management Date and Budget APPROVED AS TO FORM Legal Department Date ATTEST Armando Chapa, City Secretary Contract for Engineering(AIE)Services Page 3 of 3 DATAEXCHANGE\ANGEWSOLID WASTET13035 CV DISPOSAL CELL CONS I R(JC11O 115&1 UAGENDA ITFMCON-TRACT PROFESSIONAL . . . C P&Y 1), Partners for DBetter Quality ofLife October 3. 2O13 Mr. Dam Bi|ee, P.E. City Engineer City o6 Corpus Christi P.O. Box 9277 Corpus Christi, TX784G0 Re: Engineering Proposal Design and Construction Administration, Construction Quality Assurance and Permitting Services CefaF. Va|enzue|aLandfill Cells 1B and 1C Project No.: E13835 Dear Mr. Bites: CP&Y. Inc. (Consultant) is pleased tm submit this proposal for Engineering Services in connection with the design. Construction Administration, Survey Construction C}ma|ih/ Assurance (CQA). Geotmchnice| CQA. and Texas Commission on Environmental Qum|ity(TCEQ) regulatory approval for Cells 1B and 1C at the CefeF. Va|mmzuo|aLandfill. CP,&Y will use the |ooat professional services ofCoym, Rehmm*t& Gutierrez Engineering and Kleinfe|dmr, Inc in conjunction with Design, Construction Adminimtratimm, Survey COA' {3mcdecho|oaKCQA and regulatory approval services. - SERVICES TO BE PERFORMED The Consultant hereby agrees, ed his/her own expemse, to perform oDemhdeduns|/en0ineerinB services necessary to maearch, donument, design and prepare p|ans, specifications, bid and contract documents to complete the project described as follows. U. SCOPE OF SERVICES The Consultant's men/icma will include basic research, documentation and design necessary for the preparation of plans and specifications required for the construction of |mmdfiKU disposal cells 16 and 1 C for the Cefe Valenzuela Landfill, including support for bidding, construction, CQA, and post construction activities. The project scope will include all elements necessary to fully comply with applicable TCEQ Regulations and the Cefe Voienzue|a TCEC> Permit as amended or modified unless specifically excluded. The Consultant will work closely with the City's project manager to design and phase the construction program so as to achieve construction and regulatory completion no later than BO days prior to reaching permitted capacity in Disposal Cell 1A. The Consultant will exercise usual and customary professional mare in Consultant's efforts to comply with the applicable codes and regu�etione of City, State, and other Federal authorities having jurisdiction including applicable fire codes, life safety codes, health regulations, Texas Department of Insurance Windstorm Protection requirements, the Americans with Disabilities Act, the Texas Department of Licensing and Regu|adom. Elimination of Architectural Barriers Program (4dkc|m 9102), the Texas Trench Safety Act, and the Storm Water Retention Act, The Consultant will coordinate design activities and design elements with other Consultants as directed by the City. The Consultant will work cooperatively with the City's project manager, citizens, |ocm� organizations, City staff, elected officials and others, A. PRE-DESIGN SERVICES Conmu|bamtvi0� 1. Review the CefeF. Va|emzme|aTOEQ Permit as amended,ormodified. 2. Review existing p|ana, epeoihmahomm, survey date. Site Development Plan (SD�P) requirements and other information to be supplied by the City, 3. Update site survey controls and provide detailed topographic survey ofthe area identified for development of Cells 1B and 1C� 4� Conduct e field evaluation of existing conditions and requiremen1s', 1820 Regal Row,Suite 200 0adeu.Texas 75235 214.63&050 "214�38,372Jtax --~� www.upyic*rn 10/3/2013 Mr.Dan Blles,P.E. Page 2 of 9 5. Evaluate existing hydrology analysis and hydraulic study and current applicability thereof; and 6. Evaluate operational drainage control considerations. The City Engineer has or will provide as available and applicable: a. Reproducible standard detail sheets; b. City standard specifications,standard provisions,forms, and notices; c. The budget for the project specifying the funds available; d. Record drawings and base data of the existing facilities if available; e. A geotechnical investigation and report of the selected site;and f. Available survey including topographic information, metes and bounds description, and utilities locations. B. BASIC SERVICES 1. Design Development— Preliminary Construction Document Phase (60%) - The Consultant will: a. Employ and coordinate the activities of Consultant's staff, and such consulting engineer(s) to ensure all engineering related report documents are prepared under the direct supervision of engineer(s) registered to practice in the State of Texas. Sub- Consultants (engineer(s)) shall practice engineering in the disciplines for which they will be engaged in the design of this project; b. Prepare design development documents for the entire project based on the approved Cefe Valenzuela Landfill Permit to establish the scope of the project through the use of plans, sections, schedules,typical details, elevations,and outline specifications; c. Produce design documents in a manner to assure their suitability for continued use in the development of bid, contract, and construction documents; d. All design, bid, and construction documents will be developed with electronic format (AutoCAD R14 or higher); e. Drawings will define all major elements and systems in civil, landscaping schematic, liners, leachate collection, gas management, groundwater monitoring wells and other required improvements; f. Coordinate sub consultants for civil engineering, surveying, and construction phase services, and provide for the inclusion their design documents in the design - construction documents delivered to the City; g. Update the estimate of probable construction cost and project schedule; h. Deliver one (1) printed set and one electronic pdf set of design drawings and contract documents (Plans, Specifications, Executive Summary and a Project/Drawing Checklist) that represent 60% contract document completion to the City Engineer and meet with City staff and the City's program manager for review and approval. Drawings shall be sized to 11x17 and be printable at a standard engineering scale; i. Ensure the delivered design development documents include at a minimum: • design development level drawings of all disciplines; • design narrative; • outline specifications; • project phasing plan; • an updated opinion of probable construction costs; and • site development plan, liner plan, leachate system plan, gas management plan, groundwater monitor well plan, storm water drainage and detention pond(s), groundwater control plan, and other required improvements. 2. Design—Construction Document Phase(100%)—The Consultant will: a. Employ and coordinate the activities of Consultant's staff architect(s), and consulting engineer(s) to ensure all architectural and engineering related report documents are prepared under the direct supervision of and sealed by architect(s) or engineer($) registered to practice in the State of Texas. EXHIBIT"A" Page 2 of 9 10!312013 Mr.Dan Biles,P.E. Page 3 of 9 b. Prepare drawings, specifications, bid, contract, construction documents based on the approved design development documents which set forth in detail the requirements, drawings, specifications, and quality levels of materials and systems necessary in the format to permit the bid, contract award, and construction of the project including establishing the limits of construction/landfilling activities, determining the intermediate drainage control requirements and hydraulic design for Cells 1 B and 1 C and preparation of interim drainage control system drawings; c. Prepare construction drawings(plans and specifications) in City format; d. Deliver two (2) copies of the 90% complete construction documents (as referenced in the 60% Design Task)and meet with the City Engineer and City staff for review and approval prior to completion of the final bid and construction documents; e. The Consultant will prepare technical specifications which define the quality and installation of materials, systems, and equipment; f. Deliver to the City Engineer plans, specifications manuals, bid and contract documents in a format suitable for complying with TCEQ Regulations and the Cefe Valenzuela Landfill Permit as amended or modified; g. Review by the Texas Department of Licensing and Regulation (TDLR) for handicap accessibility if applicable; h. Work on behalf of the City Engineer in evaluation and correction of documents to meet requirements of the TDLR if necessary; i. Deliver to the City Engineer final reproducible plans, specifications, contract and bid documents in City format including printed 11x17 half size plan sheets and Contract Documents and an electronic pdf version of all documents; j. Review and validate the estimate of probable construction cost and project budget as it relates to alternative construction based on the final construction documents; k. Recommend alternatives, methods of bidding, and any alternate bid items that may be needed to allow the City to award the construction contract within budget; 3. Bid Phase—The Consultant shall complete the following as part of the bid phase services: a. Attend on-site(s)pre-bid conference noting inconsistencies(if any)in the bid documents; b. Prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer; c. Assist the City Engineer in securing bids, analyze bids, and make a written recommendation concerning award of the contract; and d. In the event the bid received by the lowest responsible bidder exceeds the established project budget for construction, the Consultant will, at his/her expense, confer with City Engineer and make revisions as necessary and satisfactory to the City Engineer to permit the re-advertising of the project for bids. The City Engineer has or will: a. Reproduce all documents and addenda to be distributed to prospective bidders; b. Deliver, (with the assistance of the Consultant)documents to all regulatory authorities as required for review; c. Advertise the project for bidding, maintain the list of prospective bidders, receive and process deposits for bid documents, issue (with the assistance of the Consultant) any addenda, prepare and supply bid tabulation forms, and conduct the bid opening; d. Receive the Consultant's recommendation concerning bid evaluation and award and prepare agenda memorandum for the City Council concerning contract award; and e. Prepare, review, and provide copies of the contract for execution by the contractor. EXHIBIT"A" Page 3 of 9 1013!2013 Mr.Dan Biles,P.E. Page 4 of 9 C. CONSTRUCTION SERVICES 1. Construction Phase — The Consultant shall complete the following tasks during the construction phase: a. Attend and assist the City Engineer with a pre-construction meeting between the contractor, City Engineer, and other interested parties; b. Review and check for approval, materials and other submittals customarily provided by the Contractor or required by contract documents during the course of construction by the contractor and ensure that two field copies and one record of submittal data is provided to the City Engineer (the construction contract documents will provide for the contractor to pay the cost for any approval, materials or other submittals requiring more than two (2) reviews by the Consultant). The Consultant's review or approval of Contractor's submittals such as shop drawings, product data and samples shall only be for the limited purpose of checking for general conformance with the visual design concept expressed in the contract documents. The Consultant shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions; c. Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract, and are not contrary to the general interest of the City under the contract; d. Review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; e. Consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed; f. Make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his/her representative (Project Manager) and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of construction. The Consultant's local engineering consultants will provide periodic site visits during the construction period (Construction Observation Services). Other sub consultants will make periodic site visits as necessary during the construction period. Additional full time observation will be provided by Kleinfelder as a portion of the Geotechnical CQA, described in detail below. g. Travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract;and h. The consultant is not responsible for the contractor's means and methods of construction. The City will: a. Prepare, review and approve monthly payment requests and time statements by the contractor. The Consultant shall review payment requests and recommend approval prior to submittal to the City; b. Provide all engineering materials testing and laboratory services by separate contract; and c. Provide field inspection of the construction on a regular basis, at City expense, to maintain a record of the progress and quality of the work. 2. Survey Construction Quality Assurance—The consultant shall complete the following tasks: General: TCEQ regulations and the Landfill Permit require that, during landfill cell construction, the City provides survey CQA to demonstrate that the landfill liner components meet the requirements of the Permit. Surveys are required to demonstrate that the excavation does not exceed the permitted excavation depth, that the clay liner is at least 2.0 ft. thick and that a minimum 2.0 ft. thick protective cover layer is provided over the liner EXHIBIT"A" Page 4 of 9 10/3/2013 Mr.Dan BlIes,P.E. Page 5 of 9 system. Additionally, the survey will provide accurate earthwork pay quantities for invoicing by the Contractor. These services shall be performed by Coym, Rehmet & Gutierrez Engineering. a. Provide a pre-construction topographic survey of the construction area for calculating actual construction pay quantities. b. Provide a topographic survey, sealed by a Registered Professional Land Surveyor, of the prepared landfill liner subgrade following excavation activities. It is estimated this will occur in four (4) events to coordinate with the Contractor's means and methods. This survey will be used in regulatory submittal of the Soil Liner Evaluation Report (SLER)to the TCEQ for approval of the disposal area. c. Provide a topographic survey, sealed by a Registered Professional Land Surveyor, of the completed clay liner system. It is estimated this will occur in six (6) events to coordinate with the Contractor's means and methods. This survey will be used in regulatory submittal of the SLER to the TCEQ for approval of the disposal area. d. Provide a topographic survey, sealed by a Registered Professional Land Surveyor, of the top of the protective soil cover layer, placed above the geosynthetic liner system. It is estimated this will occur in one (1) event to coordinate with the Contractor's means and methods. This survey will be used in regulatory submittal of the Geosynthetic Liner Evaluation Report(GLER)to the TCEQ for approval of the disposal area. 3. Geotechnical Construction Quality Assurance and Ballast Evaluation Report (BER) — The consultant shall complete the following tasks: General: TCEQ regulations and the Landfill Permit require that, during landfill cell construction, the City provides geotechnical CQA to demonstrate that the landfill liner materials meet the required material properties required in the Permit. Additionally, it is required that a qualified technician or engineer be present on site at all times when liner construction is occurring (clay liner, synthetic liner and protective cover placement). The results of all laboratory testing will be used both the SLER and GLER submittal to the TCEQ. A Ballast Evaluation Report (BER) is required to demonstrate that the landfill has placed adequate waste in the cell to provide ballast to prevent uplift(floating) of the landfill liner on the groundwater below the site. The geotechnical CQA Engineer of Record shall prepare and submit the SLER, GLER and BER on behalf of the City. These services shall be performed by Kleinfelder Inc. a. Observe the prepared liner subgrade and identify any unsuitable material which is not capable of supporting the clay liner system. b. Provide a soils technician on a full-time basis during construction of the clay liner. The field technician will conduct all field tests including moisture-density tests of the compacted clay liner and will sample the compacted clay for classification and permeability testing. The technician will maintain documentation of all test locations and results, and will make observations of the material processing and compaction operations. He will coordinate the testing with the construction operations and will report all tests results and observations to the project geotechnical engineer. The project geotechnical engineer will also make periodic visits to the job site to view the construction operations and general progress of work, and will observe the material processing, compaction and testing of the clay liner as required by TCEQ. c. The SLER document will be completed and submitted in triplicate to the TCEQ as soon as possible following completion of the clay liner construction and all laboratory verification testing. d. Upon completion of the clay liner construction, construction of the 60-mil HDPE geomembrane liner will follow. Kleinfelder will provide a technician specialist during the geomembrane construction to observe all phases of the geomembrane construction from delivery and verification of membrane thickness to the observation and EXHIBIT"A" Page 5 of 9 10/3!2013 Mr.Dan Biles,P.E. Page 6 of 9 documentation of the field seaming process and pressure testing. The field technician will also view the Contractor's general installation practices in relation to his QC/QA documentation and will secure all field test specimens, which must be tested destructively in the laboratory. The field technician will also observe the leachate collection system, protective cover and ballast installation. The leachate collection system will include 1-foot drainage layer and chimney drain. The field technician will report his observations and test results to the project geotechnical engineer. Photographs will be taken to document each phase of geomembrane installation as well as the clay liner construction. e. Upon completion of the geomembrane construction and all other parts of the composite liner system and all related testing and inspection of the system are completed the GLER document will be prepared and submitted in triplicate to the TCEQ. f. Upon completion of the waste as ballast construction, a BER document will then be prepared and submitted in triplicate to the TCEQ. 4. Record Drawings - The consultant shall review the Contractors field set of construction drawings and specifications. On the basis of "red-line" drawings and marked-up specifications provided by Contractor, and based upon known deviations, change orders, mark-ups, and changes reported by the City project inspector, the Consultant shall prepare "as-built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD R14 or later) of the record drawings and a marked up set of specifications. D. POST-CONSTRUCTION SERVICES—The Consultant shall: 1. Conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City Engineer and contractor prior to final inspection; 2. Conduct a final inspection with the City representative and contractor which shall include a familiarization walk-through with City personnel (if applicable) of mechanical and control systems, emergency procedures,and maintenance procedures; 3. Review of the following materials submitted by the contractor for completeness: operation manuals, maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and forward the material to the City's designated representative for copying, collating, and distribution; and 4. Assist the City Engineer in completion and submittal of all certifications, inspections and other material required by TCEQ. 5. On behalf of the City Engineer, work in cooperation with the Texas Department of Licensing and Regulation on the inspection phase of the project for compliance with Article 9102 - Texas Statutes, Elimination of Architectural Barriers Program. EXHIBIT"A" Page 6 of 9 10/3/2013 Mr.Dan Biles,P.E. Page 7 of 9 III. FEE FOR SERVICES— Consultant proposes the following fees for the above described Scope of Services. Houriy Task Tota6Task Task Rate Hours Breakdown Budget Task'A--Prelimin ;',Desire n $ 26,476 Principal $ 225 9 $ 2,025 Senior Electrical Engineer $ 184 0 $ - Pro'ect Manager $ 150 24 $ 3,600 Project Engineer $ 112 40 $ 4,480 Err $ 97 20 $ 1,940 CAD Technician $ 86 0 $ - Administrative $ 54 24 $ 1,296 Subconsultant CRG $ 10,835 Subconsultant Kleinfelde $ - Travel and Expenses 1 $ 2,300 TOTAL HOURS 1 117 Task B-60%Design $ 48,542 Principal $ 225 22 $ 4,950 Senior Electrical Engineer $ 184 8 $ 1,472 Project Manager $ 150 40 $ 6,000 Project Engineer $ 112 54 $ 6,048 Err $ 97 220 $ 21,340 CAD Technician $ 86 50 $ 4,300 Administrative $ 54 8 $ 432 Subconsultant CRG $ - Subconsultant Kleinfelder $ - Travel and Expenses $ 4,00 TOTAL HOURS1 1 402 Task C-100%Design $ .42,296 Principal $ 225 10 $ 2,250 Senior Electrical Engineer $ 184 8 $ 1,472 Project Manager $ 150 30 $ 4,500 Project Engineer $ 112 50 $ 5,600 Err $ 97 186 $ 18,042 CAD Technician $ 86 50 $ 4,300 Administrative $ 54 8 $ 432 Subconsultant CRG $ Z200 Subconsultant Kleinfelder $ - Travel and Expenses 1 $ 3,5001 TOTAL HOURS 3421 1 EXHIBIT"A" Page 7 of 9 1 0/3/2013 Mr. Dan Bikes,P.E. Page 8 of 9 ► Id Piae:, $ 6,412 Principal $ 225 0 Senior Electrical Engineer $ 184 2 $ 368 Project Manager 150 10 $ 1,500 Project Engineer $ 112 16 $ 1,792 EIT $ 97 12 $ 1,164 CAL Technician $ 86 2 $ 172 Administrative $ 54 4 $ 216 Subconsultant(CRG) $ - Subconsultant Klelnfblcder $ - Travel and Expenses $ 1,200 TOTAL HOURS 46 "Tao�k E-,'C6n r ctii)n,.,Ad aiiistration 61,045 Principal $ 225 0 $ - Senior Electrical Engineer $ 184 4 $ 736 Project Manager $ 150 114 $ 17,100 Project En ineer $ 112 180 $ 20,160 EIT $ 97 105 $ 10,185 CAL Technician $ 86 0 $ - Administrative $ 54 16 $ 864 Subconsultant CRG $ Subconsultant lQelnfelder I $ - Travel and Expenses 1 $ 12,000 TOTAL HOURS 419 natr ictt n @uaI Assurance&SLERIOLERISE $ 4301,794 Principal $ 225 4 $ 900 Senior Electrical Engineer $ 184 0 $ Project Manager $ 150 4 $ 600 Project Engineer $ 112 4 $ 448 EIT $ 97 0 $ CAD Technician $ 86 0 $ Administrative $ 54 0 Subconsultant CRG $ 110,165 Subconsultant 1Clednfelcder $ 318,681 Travel,and Expenses $ - TOTAL HOURS 12 "Talk G: PO:6t,C,0,6:$tr4,'c,tIO6,Services 8,000 Principal $ 225 0 $ - Senior Electrical Engineer $ 184 0 $ - Pro`ect Manager $ 150 12 $ 1,800 Project Engineer $ 112 1 $ 1,344 EIT $ 97 0 $ - CAL Technician $ 86 40 $ 3,440 Administrative $ 54 4 $ 216 Subconsultant CRG $ - Subconscultant lelnfel'der $ - Travel and Expenses $ 1,200 TOTAL HOURS 68 T ata 6233666 EXHIBIT"A" Page 8 of 9 10/3/2013 Mr.Dan Biles,P.E Page 9 of 9 We appreciate the opportunity to continue assisting the City of Corpus Christi with solid waste projects to ensure the Cefe F.Valenzuela Landfill provides adequate and efficient disposal capacity for the City and that it remains in regulatory compliance. Sincerely, CP&Y, Inc, -Z—=�4"n' a Frank E. Pugsley, P.E., MOLO Associate EXHIBIT"A" 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 $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/$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 EXHIBIT"B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 EXHIBIT"B" Page 2 of 3 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 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMB11Z 1-0 BF,�SKjNEDMCTTY PURCHASING LAVISION City of CITY OF CORPUS CHNRIST] Corpus DISCLOSURE OFITEREST Christi Cit,� of Corpus Christi Ordinance 17112, as amended, requires all persons or- firms seeking to do 13USHIeSS with the City, to rovide the following inflornation. B,ery UCStiOn MLIst be answered, If the question is not app cable, answer with "NA", See reverse sile for Filing Requirements, Certifications and definitions. COMPANY NAME: C P & Y, INC. P. 0. BOX: ................ ......................................... 1820 REGAL ROW, STREET ADDRESS: SUITE 200 CITY: DALLAS ZIP: 75235 FIRM IS: I. Corporation 2. Partnership 3. Sole Owner E] 4. Association /19 S. Other H ............... D,ISCLOSLJRE QUf,'STIONS If additional space is necessary, please use the reverse side of this pa. e or attach separate sheet. 1. State the names of each "employee", of the City of Co firisti having an "ownership interest" constituting 3% or more of the ownership in tile above named ``firm.'" Nam Job Title and City /V Department (if'known) ............... ................................. ........... ............................. 2. State the names oaf each "official" Of the City cif*COrpLlS Christi having all "ownership interest," conStitUting 3%or more of the ownership in the above named "firm." Name AIM Title ............... ........................ 3, State the names of each "board member-" of then City, of"Coopus Christi having an -ownership MAUCSC 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 017 COI-PLIS Christi who worked oil 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 .................... ................................. .......... FILING REQUIREMENTS If a person who recl,uests official action ail a matter knows that tine reclrrested action will confer an economic benefit on any City official or eraaploycc 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, emplo ee or body that has been requested to act in the matter, unless the interest of the City official or employee in the smatter is apparent. The disclosure shall also be made in a signed writing tiled 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 staternent, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be prom qtly submitted to the ("it of Corpus Christi, 1'exas as changes occur. 1I1t0 rr �rol\ Cei•tifying Person: VV44AAA-M--R7 1 F 'Title. SENIOR VICE PRESIDENT _..._........ _ ......._. ..... (hype or Print) Signature of Certifying � '� Llate y Person: Certifying DEF INI'I"IONS 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 cconornic interest if it is likely to have an effect on that interest that is distinguishable from its effect can mernbers Of tile public in general or a substantial segment thereof c. "Esmployce." Any person employed by the City of'Corpus Christi„ Texas either can 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 head's, and Municipal Court. .fudges of the Citv of"Corpus Christi, "I`exas. f. "Ownership Interest.'" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through all 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, Cefe Valenzuela Landfill Disposal Cells Construction —Sectors 1B, 1C • • Corpus Chr st Engineering Council Presentation January 28, 2014 Project Scope Corpus Chrs! Engineering PROJECT LOCATION EP a CEFE��NZ 2 DISPOSAL 2 Project Schedule Corpus Chr sti Engineering Feb Mar Apr May Jun 2014 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2015 May Jun Jul Aug Sep Bid Project Estimate: 600 Calendar Days 20 Months Projected Schedule reflects City Council award in January 2014 with anticipated construction completion in September 2015. 3 Project Budget Corpus Chr sti Engineering PROJECT FUNDS AVAILABLE: Sanitary Landfill CIP FY2013-2014......... Sanitary Landfill CIP FY2014-2015 & FY2015-2016... FUNDS REQUIRED: Construction (preliminary estimate). Contingency (10%)... . ... $ 130,000.00 3.327.500.00 Project Total 3,457,500.00 2,400,000.00 240,000.00 Design Fees: Engineer (CP&Y) 304,884.00 Geotechnical Quality Assurance and Ballast Evaluation Report (Under CPY Contract)... 318,681.00 Reimbursements......... 177,875.00 TOTAL $ 3,441,440.00 ESTIMATED PROJECT BUDGET BALANCE $ 16,060.00 4 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of January 28, 2014 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of February 11, 2014 DATE: January 15, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Interim Assistant City Manager for Public Works and Utilities MarkVV @cctexas.com (361) 826-3189 FROM: Gustavo Gonzalez, P.E., Executive Director, Utilities GustavoGo@cctexas.com (361) 826-1874 Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Engineering Construction Contract Padre Island Water Supply CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $7,308,330.80, for the Padre Island Water Supply Project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Padre Island Water Supply Project. BACKGROUND AND FINDINGS: The existing water feed to Padre Island is a 24-inch ductile iron pipe which has been in service for more than thirty years. This project involves construction of a new 18-inch diameter water transmission main, 8-inch diameter natural gas line, and a 4-inch diameter Municipal Information System (MIS) conduit from Laguna Shores Road to Padre Island and provides for a redundant water feed to Padre Island. The original scope of this project did not include a gas line or MIS line. Subsequent discussions with the Gas and MIS departments, during the initial design phase, led to the conclusion that it would be more cost effective to have these two lines permitted and constructed simultaneously with the water line. On December 4, 2013, the City received proposal from three (3) bidders and their respective bids are as follows: Contractor Base Bid Bridges Specialties, Inc. Robstown Christi, TX $7,308,330.80 S.J. Louis Construction of Texas, LTD $8,251,973.00 Corpus Christi, TX Reytec Construction Resources, Inc. Corpus Christi, TX $9,300,935.00 The City's Consultant Engineer, Urban Engineering, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder, based on the Total Base Bid, is Bridges Specialties, Inc. of Robstown, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Bridges Specialties, Inc. has the experience and resources to complete the project. The Opinion of Probable Construction Cost provided by the Consultant Engineer is $7,108,937.00. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: The main reason for the 2.7-percent difference between the Engineer's estimate of $7,108,937.00 and the lowest bid amount is the estimated cost to supply and install the pipe by open trenching methods. CONFORMITY TO CITY POLICY: Conforms to City fiscal policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget (Water) $699,200.00 $7,980,000.00 $8,679,200.00 Line Item Budget (Gas) $99,700.00 $2,455,700.00 $2,555,400.00 MIS Operating during design $65,581.00 $65,581.00 Encumbered / Expended Amount $864,481.00 $864,481.00 This Item $7,308,330.80 $7,308,330.80 Future Anticipated Expenditures This Project $1,963,401.20 $1,963,401.20 BALANCE $0.00 $1,163,968.00 $1,163,968.00 Fund(s): Water CIP #16, Gas CIP #4, Prior MIS Operating Comments: This construction contract is 210 calendar days with anticipated completion August 2014. The contract will result in the expenditure of an amount not to exceed $7,308,330.80. The MIS construction portion will be funded through Water CIP, as the MIS conduit will improve the reliability of operations and communications of water facilities between Laguna Shores Road to Padre Island. RECOMMENDATION: City Staff recommends the construction contract be awarded to Bridges Specialties, Inc. of Robstown, Texas, in the amount of$7,308,330.80. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET PADRE ISLAND WATER SUPPLY FUNDS AVAILABLE: Water CIP........................................................................................................... $8,679,200 GasCIP.............................................................................................................. $2,555,400 Prior MIS Operating....................................................................................... $65,581 TOTAL FUNDS AVAILABLE.................................................................................. $11,300,181 FUNDS REQUIRED: Water Line Construction Allocation............................................ 4,051,211 Gas Line Construction Allocation............................................. 2,113,581 MIS Conduit Construction Allocation (funded through Water CIP)......... 1,143,538 Construction........................................................................................................ $7,308,331 Contingencies(10%)............................................................................................. $730,833 Consultant Fees: Engineer Design (Urban Engineering)* ................................................................... $597,216 Geotechnical Testing (Kleinfelder Central, Inc.)**......................................................... $70,000 Geotechnical Services during construction (Kleinfelder Central, Inc.)(Estimated)............... $20,000 Reimbursements: Contract Administration (Contract Pre paration/Award/Admin)............................... $288,375 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt).................................. $897,167 Finance.................................................................................................... $160,208 Misc. (Printing, Advertising, etc.).................................................................... $64,083 TOTAL............................................................................................................... $10,136,213 PROJECT BUDGET BALANCE.............................................................................. $1,163,968 *Consultant Design Contract awarded on June 21, 2011 to Urban Engineering by Motion No. 2011-134 and amended on February 26, 2013 by Motion No. 2013-037 **Testing Contract awarded on October 23, 2012 to Kleinfelder Central, Inc. by Motion No. 2012-186. i/ '� //%i, ji j 4 c„ s;"jg r%/ ...,..,, ';- :�, „>;,, � ✓�%/i of �% �aiiiii r / //� //, o a /iii// l/�,/ ,� ✓l/ / rr / ri iii F, ,/ ,r. ri... ii%/ rr, //////,,,,,,,,,,,, ,,,,, ✓ -/,,, / /// %� ...rrr/ ,, r,,, ///// ,<,., ry �i /. ,,,./ /,,,,rill�-,o ,. rrrrr rr. c,,,,,. %/ :.✓ ,.-/ / i _, ., r �� / .r /„ / rri, � rrr // ,,,, ,,,,,, ri It„ ,,. / ✓/ /i // ,, / r // "CZ" �r, �%/rrr �� ,/r//,,, ✓i ,,,,,// i/ ,,, �ri/i /i//i/�/ / /,: v „i �r ii/� r.rrr �/,./ .,,,, � / /r// ,,,,, r , r ,,, r,,, ,,r,✓ / / r r //✓ ,rrr �/r /, / / o,, / / / /,� ail r / / / ��r ,ol/ � r / ✓. rrr : / CT ,✓// c ✓ r ,r a/ r r r r r� / /� as „r /ai ac ,r r' / r / "•.l' //r , � r/iii r , r ✓ , �// r /�/ ,,,/ ///%///, �a /� /// ,,,/ �/ ✓��,.a� as//a //, „. ,,, ,,,a � :r„/i //� � � / ��/�i ,,.,/ / /�// r✓,. ///i ..,ter/%/ , ,,,/ /r./r /,;, ,,,; ,,, ,,,, ,..;o / rL, � �����,//i/������m,.,/l/<��.. �i�� ,,, /rrr r��_� c,,,.W�..a.„r ✓ r LA mi"l'0 11 V1 r MAC' p / NOT TO SCALE PROJECT#EI0172 CITY COUNCIL EXHIBIT PADRE ISLAND WATER SUPPLY CITY OF CORPUS CHRISTI, TEXAS , DEPARTMENT OF ENGINEERING SERVICES PAGE. I of 1 Padre Island Water Supply Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr sti Engineering Construction for: Water Transmission Line, Gas Line, and MIS Conduit WATER TRANSMISSION LAGUNA MADRE CROSSING LAGUNA _AI_ DRE 2 Project Schedule Corpus Chr sti Engineering Project Estimate: 210 Calendar Days N 7 Months Projected Schedule reflects City Council award in January 2014 with anticipated construction completion in August 2014. ti a Amo oRRO 3 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE: Water CIP Gas CIP Prior MIS Operating TOTAL FUNDS AVAILABLE $8,679,200 $2,555,400 $65,581 $11,300,181 FUNDS REQUIRED: Water Line Construction Allocation 4,051,211 Gas Line Construction Allocation 2,113,581 MIS Conduit Construction Allocation (funded through Water CIP) 1,143,538 Construction $7,308,331 Contingencies (10%) $730,833 Consultant Fees: Engineer Design (Urban Engineering) * $597,216 Geotechnical Testing (Kleinfelder Central, Inc.)**... $70,000 Geotechnical Services during construction (Kleinfelder Central, Inc.) (Estimated) $20,000 Reimbursements: 1409833 TOTAL $10,136,213 PROJECT BUDGET BALANCE $1,163,968 *Consultant Design Contract awarded on June 21, 2011 to Urban Engineering by Motion No. 2011-134 and amended on February 26, 2013 by Motion No. 2013-037 **Testing Contract awarded on October 23, 2012 to Kleinfelder Central, Inc. by Motion No. 2012-186. ti a Amo oRRO E 4 se Ak o 0ORPOR 11 1852 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of January 28, 2014 Action Agenda Item for the City Council Meeting of February 11, 2014 DATE: January 15, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager for Public Works & Utilities markvv @cctexas.com (361) 826-3189 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 John Meyer, American Bank Center— SMG johnme @cctexas.com (361) 826-4102 Execute Construction Contract Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition FY 2012 Re-Bid CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Miller & Miller Mechanical Contracting Company of Corpus Christi, Texas in the amount of $457,800 for Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition FY 2012 Re-Bid for the base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract for the Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition FY 2012 Re-Bid. BACKGROUND AND FINDINGS: The project consists of the demolition and replacement of nine (9) existing floor mounted, chilled water air handling units, associated duct and piping modifications, relocation of one (1) existing chilled water pump, the addition of one (1) new, redundant chilled water pump and all associated required piping modifications, pre-construction baseline airflow measurement of existing air handler supply fans, baseline water flow measurement of the existing chilled water pump, post construction testing, adjusting and balancing of air handler supply fans and chilled water pumps. Also included is all demolition, mechanical, and electrical work associated with entire scope outlined above. K:\ENGINEERING DATAEXC HANG E\VELMAP\PUBLIC FACILITIES\E13007 SELENA AUDITORIUM AH AND CHILL WATER PUMP\CONSTRUCTION\AGENDA MEMO-SELENA AUDITORIUM AIR HANDLING UNIT REPLACE.DOCX Bids were opened on August 21, 2013. Due to irregularities in the submitted proposals, all bids were rejected, at the recommendation of the City Attorney. The contract documents were re-packaged and new bids were solicited and opened October 23, 2013. On October 23, 2013, the City received proposals from three (3) bidders and their respective bids for the project Base Bid are as follows: Contractor Base Bid Miller & Miller Mechanical Contracting Company $457,800.00 Corpus Christi, Texas Malek, Inc. Corpus Christi, Texas $538 206.00 ProTech Mechanical Corpus Christi, Texas $545 500.00 The Engineer's Opinion of Probable Construction Cost is $639,500. ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution of the construction contract. (Not recommended) OTHER CONSIDERATIONS: The City's engineer, Stridde, Callins & Associates, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder based on the Total Base Bid is Miller & Miller Mechanical Contracting Company of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Miller & Miller Mechanical Contracting Company has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: American Bank Center— SMG K:\ENGINEERING DATAEXCHANGE\VELMAP\PUBLIC FACILITIES\E13007 SELENA AUDITORIUM AH AND CHILL WATER PUMP\CONSTRUCTION\AGENDA MEMO-SELENA AUDITORIUM AIR HANDLING UNIT REPLACE.DOCX FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $457,800.00 $143,055.90 $600,855.90 Encumbered / Expended Amount $143,055.90 $143,055.90 This item $457,800.00 $457,800.00 BALANCE $0.00 $0.001 $0.00 Fund(s): Hotel Occupancy Tax Fund. Comments: The project construction requires 130 calendar days, with anticipated completion approximately July 2014. Thus, funding for this contract will only be required during Fiscal Year 2013- 2014. RECOMMENDATION: City staff and Stridde, Callins & Associates recommend that the construction contract be awarded to Miller & Miller Mechanical Contracting Company of Corpus Christi, Texas in the amount of $457,800 for the Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition FY 2012 Re-Bid for the base bid only. This project has no additive alternates. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING DATAEXCHANGE\VELMAP\PUBLIC FACILITIES\E13007 SELENA AUDITORIUM AH AND CHILL WATER PUMP\CONSTRUCTION\AGENDA MEMO-SELENA AUDITORIUM AIR HANDLING UNIT REPLACE.DOCX Re \Mproject\councilexh;bits\exhEl3007.dwg� / //rilJlll ��� ���1��te�fi�(✓�rl�l/��P�li'/i���( .'������/%/�`j RSOR BR ' rr *01.0 10N-0Rn C'TR, Awi 1 mill / a. PURPOSE ARF."NA 1. T j, Agrog r, w mow'".. ' �✓Jyn.:�,l o;: �,r '.. / �����%ice/� ,. .: �IDPfIIWi�(Pf;?iM'r`�,°' „,,, r •�u,.. Y'I ;. �, �/� j//� ����//;';, -:. 5I/L/1f..� r /G///, A / , �%/, rra, o /lla//Ir/rrOr „ft � Jrr ff r l IN r+ „ll r NOTS—E ' ! /0 PIN AC T#E12, 007,yk S�t d`n'; r a°' CITY COUNCIL EXHIBIT Selena Auditorium Air Handling Unit CITY OF CORPUS CHRfSTI, TEXAS Replacement and Chilled Walter Pump Addition, DEPARTMENT OF ENGINEERING SERVICES Y 2012 RE-BID PAGE. PROJECT BUDGET SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION FY 2012 RE-BID FUNDS AVAILABLE: Hotel Occupancy Tax Fund............................................................................. $600,855.90 FUNDS REQUIRED: Construction (Miller& Miller Mechanical Company) Base Bid................................. $457,800.00 Contingencies (10%)...................................................................................... 45,780.00 Engineer Fees: Engineer(Stridde, Callins &Associates) *.......................................................... 44,400.00 Construction Materials Testing (estimate)........................................................... 8,240.40 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................. 10,300.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt).................................... 16,023.00 Construction Observation Services................................................................... 16,023.00 Misc. (Printing, Advertising, etc.)...................................................................... 2,289.00 TOTAL....................................................................................................... $600,855.90 ESTIMATED PROJECT BUDGET BALANCE.................................................... $0.00 * Consultant Design Contract awarded on February 27, 2013 to Stridde, Callins &Associates (administrative approval). Construction Observation Services is not included in Consultant Design Contract. Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition FY 2012 Re -Bid Corpus Chr sti Engineering Council Presentation January 28, 2014 Project Scope Corpus Chr'sti Engineering MULTI - ARE.) 2 Project Schedule Corpus Chr sti Engineering Mar Apr May Jun 2013 Jul Aug Sep Oct Nov Dec Jan Feb 2014 Mar Apr May Jun Bid Project Construction Estimate: 130 Calendar Days N 5 Months 3 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE: Hotel Occupancy Tax Fund $600,855.90 FUNDS REQUIRED: Construction (Miller & Miller Mechanical Company) Base Bid $457,800.00 Contingencies (10%) 45,780.00 Engineer Fees: Engineer (Stridde, Callins & Associates) * 44,400.00 Construction Materials Testing (estimate)... 8,240.40 Reimbursements 44,635.50 TOTAL $600,855.90 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Consultant Design Contract awarded on February 27, 2013 to Stridde, Callins & Associates (administrative approval). Construction Observation Services is not included in Consultant Design Contract. 4 s cam` 0 AGENDA MEMORANDUM 11352 City Council Meeting of January 28, 2014 DATE: January 23, 2013 TO: Ronald L. Olson, City Manager FROM: William J. Green, P.E., Interim Head, Office of Environmental and Strategic Initiatives Bill G @cctexas.com (361) 826-3598 UPDATE TO CITY COUNCIL Water Supply: Saltwater Desalinization Funding Opportunities STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Interim Assistant City Manager City Managers for Public Works & Utilities OUTSIDE PRESENTER(S): None BACKGROUND: Update Council on Water Supply: Funding Opportunities for Saltwater Desalinization LIST OF SUPPORTING DOCUMENTS: PowerPoint Saltwater Desalinization Funding opportunities to leverage current efforts Governor's Economic Development Program TWDB's Innovative Water Supplies Demonstration Program Gulf Coast Restoration Act (BP) Applications that require matching funds will be presented to Council before submission ARP RAI AGENDA MEMORANDUM City Council Meeting of January 28, 2014 DATE: January 16, 2014 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Assistant City Manager markvv @cctexas.com 361-826-3189 Litter Reduction Plan Update STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Interim ACM Public Works/Utilities 2. Lawrence Mikolajczyk Director Solid Waste Operations 3. Douglas DeFratus Assistant City Attorney Legal OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND : On October 15, 2013, staff updated City Council on efforts to consolidate litter ordinances located throughout the current code ordinances into one unified ordinance. This agenda item will provide an update on those efforts. LIST OF SUPPORTING DOCUMENTS: Presentation — Litter Ordinance Update Litter Reduction Decision Tree Draft Consolidation Ordinance Draft Consolidation Plus Bag Fee Ordinance Draft Consolidation Plus Bag Ban Ordinance Litter Ordinance Update January 28, 2014 Mark Van Vleck Interim Assistant City Manager of Public Works and Utilities Lawrence Mikolajczyk Director of Solid Waste Operations City Council- October 15, 2013 Five focus areas: • Improvements • Enforcement • Education • Awareness • Ordinances • Direction: Replace multiple litter ordinances with one simplified, comprehensive ordinance. Improvements and Enforcement 1. Solid Waste Brush/ Garbage Truck covers. 2. CC Mobile app improvements: mprovements and Enforcement Increase Enforcement Officers, authorize to act as "Litter Marshals." 4. Parks Dept. to add two enforcement officers for Beach patrol during peak times. 5. Increase the number of litter receptacles at City buildings and parks. Improvements and Enforcement 6. Add more signage at parks and public places, educating patrons on litter ordinance, surveillance and the increased fine amounts. 0 LITTERING THIS AREA UNDER SURVEILLANCE VIOLATORS WILL 0' mprovements and Enforcement 7. Establish "Bag Central Station" drop off sites for all plastic bag recycling at City Hall and other participating partners. mprovements and Enforcement "Leave it better than you found it." 9. Signage and bag stands: (5) on Gulf Beaches, (2) on North Beach & (1) on McGee Beach mprovements and Enforcement 10. (150) trash cans added at Gulf Beaches, pick up until 7pm and distribute 15,000 Up2U reusable bags in 2013 11. (15) trash cans added to Bay Beaches and Seawall, pick up until 8pm 12. Proposed street sweeping - Goal is to sweep Marina storm water basin daily RECRATION Education & Awareness Dependent on Council direction on plastic bags we have budgeted the following: • Increased publicity for required secured loads • Bag & Tie- Don't Let Trash Fly" Campaign • Create public service announcements for local television and radio stations and print media Education & Awareness Create informational materials for the public: social media and utility bill inserts. Coordinate Press Conference for each campaign element. Develop video messaging to be used in public areas. Education & Awareness • Post "Top 10 Cleanest" locations on City website and partner with media to show them on their sites. - Create award for recognition of these locations • Kick off City employee Clean and Green initiative: "It Starts with Us." Train all employees in comprehensive Reduce, Reuse, Recycle concepts based on "Waste in Place" curriculum. Education & Awareness • Publicize community clean up events, encourage city employees to participate. CI eVt acet ok.cornYcleancray:�.. ---. FM Arag_,aMaCkctexas corn al- 35182ti-G573 TRASH: SUMMIT, riturrd •5I3_ s.-aIlse lege ren.efr.,a.eas,a�a�Ease- . NATIONAL DAY OF AE i ION >sr,,: a.,. , <'n- ,.;,a n.Rar Ramp nltbluntre gr. � a a for ehe fir, zoo., _,ra .i, e. I;ARTIa DAY/RAY DAl' ,zoz.., e av amr ADOPT A BIACFi, Quartet -Glass Recycling, M-a�.x•,€nr. HAI Er, a ONLY. VOUNTk1G 44,?YR 64F U'r4L SH15E ,O, MY. #' 0 ai[r ime6 Beautify & Clean Your City Day Cactober16, 2010 - 9 am Shoreline *dam We're planting in Our beautiful medians a ShOreline Blvd this Saturday. sting a shOvel. N, of gloves and Coli water fag re also picking Up trash at Oleand VOlurtteer and cOmrhUnity se '.. Contact Daiquiri Richard for m 361- 980-147E. • ESMEIM - r f Saturday. May U. 2013 19:OO am-TOCI pm. Education & Awareness Support Solid Waste initiatives and campaigns in overall City activities. • Work with RTA, TAM UCC, Del Mar College, Nueces County, Port of Corpus Christi, CCISD and other school districts. Measurement: Litter Index Surveys and Community Appearance - Dates for 2014: Feb. 20; May 15; Aug 21 and Nov 20. - Locations: Arboleda Bus Stop; Carmel Village; Laguna Madre at Caribbean; Boys and Girls Club/Martin Middle School and Crocket Elementary square & Owen Hopkins Library. - Top 5 trash: Cigarette butts, food wrappers, glass pieces, foam pieces & plastic pieces Metrics developed for litter assessments Collect data and report trends quarterly Litter Index Report- 3rd Quarter November 21, 2013 Item 1. Cigarettes/Cigarette Filters 2. Food Wrappers/Containers 3. Glass Pieces (less than 2.5 cm) 4. Foam Pieces (less than 2.5 cm) 5. Plastic Pieces (Less than 2. 5 cm) Cups, Plates, Forks, Knives, Spoons Beverage Bottles (plastic) 2 liters or less Bags(Plastic) Straws, Stirrers Bus Passes Caps, Lids Tobacco Packaging/Wrappers Beverage Cans Tires TOTAL Site 1: Arboleda RTA Bus Stop on Ayers Site 2: Carmel Village Everhart at Alameda 490 546 117 246 40 200 23 118 27 63 15 43 8 25 9 21 19 34 53 3 23 15 19 16 13 9 2 0 828 1339 Site 3: Laguna Shores (Caribbean at Nassau) 37 58 17 8 39 35 49 33 10 1 14 2 13 15 331 Site 4: Boys & Girl's Club on Greenwood Site 5: Owen Hopkins Library on McKenzie No trash pick up necessary for Sites 4 &5. Spotless sites, including perimeters. Boys & Girls Club received Mayor's Green & Clean Award in January 2014. Total Items Total Percentage 1073 421 257 149 129 93 82 63 63 57 52 37 35 17 2498 42.95% 16.85% 10.29% 5.96% 5.16% 3.72% 3.28% 2.52% 2.52% 2.28% 2.08% 1.48% 1.40% 0.68% 100.00% Measurement: Special events and attendance for 2013: - 65+ tons of glass collected - 2,984 Christmas Trees collected - collected ONLY from manned volunteer events - 102 tons of litter and debris from manned volunteer events - Annually, Clean City/PRIDE host 27-50 events with 25-405 volunteers. Report all citations and fines under new ordinance. Staff developed three litter reduction ordinance proposals: 1) Base ordinance to address litter. 2) Base plus plastic bag fee and Green Star program. 3) Base plus plastic bag ban. Base Ordinance Consolidates all litter ordinances into one ordinance. Clarifies litter responsibilities. Base plus alternative (Plastic Bag Fee) Consolidates litter ordinances into one ordinance, clarifies responsibilities, and introduces a single use plastic bag fee with Green Star program for enforcement. - Would require the hiring of (1) manager, (2) Executive Assistants and (2) Compliance officers. - Retailers allowed to enroll in Green Star in lieu of paying plastic bag fee. $.10 per bag or $1.00 per transaction. Base Plus Plastic B • Price difference of Green Star Budget and Green Star Revenues per custo e Year 1: $3.39 per year $.28 per month Year 2: $3.13 per year $.26 per month Year 3: -S1.33 per year -$.11 per month Year 4: -$1.60 per year -$.13 per month Year 5: -$1.87 per year -$.16 per month Si .600 .000 Si .400 .000 Si ,200 000 Si ,000 ,000 800 ,000 600 .000 400 .000 200 .000 SC • 2 --fw-Environmentai Recovery Fee Revenues Green Star Budget 3 Year • 4 ag Fee • Based on Brownsville, Texas model Base Plus (Plastic Bag Ban) Consolidates litter ordinances located throughout the current code of ordinances into one ordinance and introduces a single use plastic bag ban. Base Plus (Plastic Bag Ban) Plastic Bag Ban with 1 year transition period and marketing campaign $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Plastic Bag Thickness mil Thickness Thousandth of an Inch Thickness Best For ... . mil .0005" Short-term use for lightweight products. A grocery store bag is 1/2 mil. A dry rnil .00075" cleaning bag is 34 mil. 1 mil .001" Storing, displaying, and shipping everyday items such as food or clothes. A bread bag is 1.5 mils thick. A trade show bag or retail boutique bag is usually 2 mils. 1.5 mils .0015 " mils .002" 3 mils .003" Providing scuff protection and tear resistance during shipping, especially for heavy or abrasive items. Industrial pallet covers are 3 mils. 4 mils 004" 5 mils .005" Staff Recommendations: - Consolidation of Litter Ordinance - Increase penalties - Approve Plan Assuming you want to address plastic bags in the Litter Ordinance - Ban Bags - Less than 4 mil - 1 year implementation - Debate and public comment - First reading (Current Yes Litter Reduction Decision Tree Leave as is Increase: A. Cleanups B. Enforcement C. Education D. Metrics Yes Determine Fee Determine Fee $0.10? $1.00? Per Bag? Per Transaction? Fee 0 Increase Penalty? Approve Plan? Yes Address Plastic Bags in Ordinance? Yes Fee or Ban? 4 mm thickness? Ye Stated Exceptions? Yes 1 Year to implement? Yes Debate & Public Comment? First Reading Consolidate Ordinance? No Make Changes Determine thickness Determine Exceptions Determine Time 0 Leave as is Consolidation Ordinance establishes Chapter 22, Code of Ordinances, regarding litter; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. Now, be it ordained by the City Council of the City of Corpus i, Texas: Section 1. That Chapter 22, Code of Ordinances, shall r s follows: Sec. 22-1. Definitions. As used in this chapter, the following terms s ean: Business means any commerci ise or esta ent, including sole proprietorships, joint ventures, partnerships, corp on other le tity whether for profit or not for profit and includes all employee f the an y independent contractors associated with th Constructio owner me the perso ho owns or leases the premises on which a construction ac hat is ter is being conducted. ractor m he p has obtained a permit required by this chapter, and includes a ilder, electrici ech I contractor, plumber, roofer, or other member of a ruction trade. s defi ion includes subcontractors of the contractor and the em s of the con for and subcontractors. Departmen a Solid Waste Operations Department of the city. Director means The Director of Solid Waste Operations of the City of Corpus Christi, or a designated representative of the director. Dumpster means a container, which holds more than one (1) cubic yard, used to store solid waste until it is collected for disposal. The term also includes roll-on/roll-off containers that are used to transport solid waste on vehicle chassis. 1 Consolidation Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premise and whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; and supply vehicles. Litter means: (a) decayable waste from a public or private e m esidence, or restaurant, including animal and vegetable waste material a market or a facility handling or storing produce or other food products he handling, pre on, cooking, or consumption of food, but not including e, body was s, or industri roducts; or (b) nondecayable solid waste, except ash at co f: (i) combustible waste material, incl er, rags, cartons, wood, excelsior, furniture, rubber, pl d trimming es, or similar materials; (ii) noncombustible a includi ss, crockery, tin or aluminum cans, metal furniture, simi ials do not burn at ordinary incine atures grees heit or less; and (iii arded orn-out ufactured materials and machinery, including r vehicles parts of or vehicles, tires, aircraft, farm implements, bui r c rial pliances, and scrap metal. Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality,lqmmlhl commission, political subdivision, or any international or interstate body or any other lqmlb governmVentity.Places oodation me ans any physical structure and the entire premises, lot, or parceich the structure is situated, including the outside seating areas, parking areas, driveways, and vehicle entrances and exits. Plastic checkout bag means a checkout bag that is made of plastic which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping and is less than four(4) mils in thickness. 2 Consolidation Sec. 22-2 Littering prohibited in public places. (a) No person may deposit or permit to be deposited any excrement, offal, urine, litter, or other kind of solid waste in any public place in the city, unless properly placed in a conventional refuse receptacle or for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services. (b) For the purposes of this section, the following are d to be public places: (1) All rights-of-way, including street and ge f-ways. (2) Sidewalks, trails, paths, passage and walkwa nerally used by pedestrians. (3) Parks. (4) Municipal piers and boat ram (5) Places of public accommodation ithin the corporate limits of the city, such as lized for reli worship, educational purposes, or wher o egate o mble for business, pleasure, or amuse purpo (c) "Conv al refus ceptacl nd "solid waste" within this section have the me defined in ion 21-1 s Code. (d it w s section m drop, cast, throw, place, release, blow, spill, or dum . "Properly pl " withi this section means the discarding of litter or other solid aste so tha a litter or solid waste does not protrude above the top of the ntion se receptacle. (f) Violations of this section are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the section. Sec. 22-3. Littering, public beaches. No person shall litter any public beach. 3 Consolidation Sec. 22-4. Littering, construction sites. (a) A contractor or construction site owner may not allow any litter to accumulate on the construction site except in a refuse receptacle. (b) A contractor or construction site owner may not throw or allow any litter to blow upon or be washed into the streets, drainage ditches, or storm water sewers of the city; onto any adjacent property; or into any body of water within the city. (c) It is a defense to prosecution that the contractor or co ion site owner picked up any litter that accidentally blew or was washed into t et, inage ditch, storm water sewer, onto another's property, or a body of r and prop aced the litter into a receptacle. Sec. 22-5. Littering, food establishments. (a) For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied b a business or commercial establishment, including the ., outside seating areas, parking area, driveway, and vehicle entrances and exits, is lqmllhl left declared to be a public place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. 'Aor A Ir — (b) The owner or manager of every food establishment shall keep the streets and premises adjacent to the food establishment free from all scraps and litter accumulating on <account of the business conducted at the food establishment or dropped or left by lqmlmLl mqqwwx�customers of the establishment. For the purpose of the public peace, health, safety, morals and general welfare, the WEL entire premises occupied by a business or commercial establishment, including the lqml& Am outside seating areas, parking area, driveway, and vehicle entrances and exits, is 1401& laimw declared to be a public place, and that it is contrary to the public peace, safety, morals, lqmmv health and general welfare of the community to permit litter on such public place. (d) The owner or operator of a business or commercial establishment shall provide on the premises sufficient refuse receptacles to keep the premises clean, but not less than two (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or 4 Consolidation operator shall furnish such additional number of receptacles as is necessary to contain the litter. (e) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. (f) It is unlawful for any customer or patron of a business or commercial establishment to throw or allow any litter to blow upon the streets of the city or upon private property in the city. (g) It is a defense to prosecution that the =n or customer picked u any litter, which accidentally blew into the street or on to another property, and properly placed it into a receptacle. IV (h) The owner or the operator a business o ercial establishment shall clean the premises and remove all litt m and fro street or other premises to which said litter has traveled, and a recept within thirty (30) minutes after daily closing time of such busin r com stab ent. (i) If the busi r com al estab ent operates continuously without closing, then the ow operators clean the ises and remove all litter therefrom and from any street er pr hich s itter has traveled, and place it in receptacles at :00 a.m. M. It shall furt the of said owner or operator to prevent any litter on the premises from being blo pon ng permitted to come to rest upon the streets of the city or on any private erty i e city. Sec. 22-6. Lit d so ' ste prohibited on lots. No pe owns or occupies any lot or parcel of land in the city may permit or allow Iitte olid waste, inoperative or abandoned household appliances, furniture, or any other unsightly, objectionable, or unsanitary matter to accumulate on the lot or parcel of land, unless placed for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services and in accordance with Chapter 21 of this Code. 5 Consolidation Sec. 22-7. Work or Improvements by Municipality. (a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement relating to stagnant water, filth, carrion, weeds, rubbish, brush, diseased trees, and other objectionable, unsightly, unwholesome, or unsanitary matter, or conditions under this chapter within seven (7) days of notice of a violation, any authorize city official with code enforcement or law enforcement authority, or their designee, may: (1) Do the work or make the improvements requir d (2) Pay for the work done or improvements and charge the expenses to the owner of the property. (b) The notice must be given: (1) Personally to the owner in wri (2) By letter addressed to the at the own is address as ded in the records of the appraisal district in w e pr is located; or (3) If personal service cannot be obt ice to the property owner must be: i. By publica ii. By posting t otice o the door of each building on the y to whi ation ; or ii, By p g the n on a placard attached to a stake driven into the grou n the prop to which the violation relates. (c) If the city official with code enforcement or law enforcement authority, or their designee, notice to a y owner in accordance with subsection (b)(2) of thiNnotice United States Postal Service returns the notice as "refused" or "unof the notice is not affected and the notice is considered de(d) In a provided under this section, the city official with code enforcement or law enforcement authority, or their designee, may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, may correct the violation, without further notice, at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city official with code enforcement or law enforcement 6 Consolidation authority, or their designee, has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by subsections (a)(1) and (2) and assess its expenses as provided by Section 22-8. Sec. 22-8. Assessment of expenses; lien. (a) The city may assess expenses incurred under section -7 against the real estate on which the work is done or improvements made. (b) To obtain a lien against the property, the city official with code enforcement or law enforcement authority, or their designee, mu s ent of expenses incurred by the city with the County Clerk of Nuece nty. The lie ement must state the name of the owner, if known, an egaI description o roperty. The lien attaches upon the filing of the lien ent with th county clerk. (c) The lien obtained by the city is s for penditures ma and interest accruing at the rate of ten (10) per cent ount due from the date of payment by the city. (d) The lien is inferior only to: (1) Tax liens; and (2) Lie t improv (e) The ci rney m ring a s r foreclosure in the name of the city to recover the ditures an rest due. (f) The city ney lie property under this section in a proceeding tot erty broug subchapter E, chapter 33, of the Tax Code, as it ma en The state of a es or a certified copy of the statement is prima facie proof of the expense urred the city in doing the work or making the improvements. (h) a remedy ided by this section is in addition to any fines or civil penalties that e ass Sec. 22-9. Litter an olid waste prohibited on lots. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. In case the owner or occupant of any lot or premises under the provisions of this article shall be a corporation, and shall violate any provision of this article, the president, vice-president, secretary or treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for any penalty. 7 Consolidation Sec. 22-10. No Plastic Carryout Bags On City Property Beginning , 2014, no person may provide plastic checkout bags at any City facility, City-sponsored event, or any event held on City property. Sec. 22-11. Penalties for violation of this chapter. (a) Any person that violates any provision of this chapter sh upon conviction, be guilty of a misdemeanor, punishable by a fine of not m an two thousand dollars ($2,000.00) per violation per day. (b) In the event of a second conviction for a on under an vision of this chapter, a person shall be punished by a of not less than housand dollars ($2,000.00) per violation per day. (c) Any city official with cod forcement au may issue a citation for any violation of this ordinance. Section 2. Providing an effe date of Section 3. Any ordi or part any or ce in conflict with this ordinance is expressly repealed by this or e. Section 4. re a ction, subdivision, clause, phrase, word or provision of this a he lid or unconstitutional by final judgment of a court of competent juri it shall not tan r section, paragraph, subdivision, clause, phrase, word, or provisi this ordinanc r it i definite intent of this City Council that every section, paragraph, division, clau hrase, word or provision of this ordinance be given full force and effect for its p Section 5. Publica II be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 8 Consolidation That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 an sed finally on this the day of , 2014 by Ilowing vote. Nelda Martinez ad Magill Kelley Allen olleen yre Rudy Garza as Priscilla Leal Mar tt David Loeb PASSED AND APP R he day of , 2014. ATTEST: Rebecca Nelda Martinez City S ry Mayor 9 Plastic Bag Fee Ordinance establishes Chapter 22, Code of Ordinances, regarding litter; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. Now, be it ordained by the City Council of the City of Corpus i, Texas: Section 1. That Chapter 22, Code of Ordinances, shall r s follows: Sec. 22-1. Definitions. As used in this chapter, the following terms s ean: Business means any commerci ise or esta ent, including sole proprietorships, joint ventures, partnerships, corp on other le tity whether for profit or not for profit and includes all employee f the an y independent contractors associated with a business. Constructio owner me the perso ho owns or leases the premises on which a construction ac hat is ter is being conducted. ractor m he p has obtained a permit required by this chapter, and includes a ilder, electrici ech I contractor, plumber, roofer, or other member of a ruction trade. s defi ion includes subcontractors of the contractor and the em s of the con for and subcontractors. Departmen a Solid Waste Operations Department of the city. Director means The Director of Solid Waste Operations of the City of Corpus Christi, or a designated representative of the director. Dumpster means a container, which holds more than one (1) cubic yard, used to store solid waste until it is collected for disposal. The term also includes roll-on/roll-off containers that are used to transport solid waste on vehicle chassis. 1 Plastic Bag Fee Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premise and whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; and supply vehicles. Litter means: (a) decayable waste from a public or private e m esidence, or restaurant, including animal and vegetable waste material a market or a facility handling or storing produce or other food products he handling, pre on, cooking, or consumption of food, but not including e, body was s, or industri roducts; or (b) nondecayable solid waste, except ash at co f: (i) combustible waste material, incl er, rags, cartons, wood, excelsior, furniture, rubber, pl d trimming es, or similar materials; (ii) noncombustible a includi ss, crockery, tin or aluminum cans, metal furniture, simi ials do not burn at ordinary incine atures grees heit or less; and (iii arded orn-out ufactured materials and machinery, including r vehicles parts of or vehicles, tires, aircraft, farm implements, bui r c rial pliances, and scrap metal. AM Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality,lqlmhl commission, political subdivision, or any international or interstate body or any other goverVentity.Placeodation means any physical structure and the entire premises, lot, or paich the structure is situated, including the outside seating areas, parking areas, driveways, and vehicle entrances and exits. Plastic checkout bag means a checkout bag that is made of plastic which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping and is less than four(4) mils in thickness. 2 Plastic Bag Fee Reusable bag means a bag that is specifically designed and manufactured for multiple reuse and is: (1) made of cloth or other washable fabric, (2) made of other durable material suitable for reuse, (3) is made of durable plastic which is four(4) mils or greater in thickness. Sec. 22-2 Littering prohibited in public places. (a) No person may deposit or permit to be deposited any ment, offal, urine, litter, or other kind of solid waste in any public place in t unless properly placed in a conventional refuse receptacle or for collects so ste services or a private solid waste collection service at a locatio ignated by rector of solid waste services. (b) For the purposes of this section, the ing a ared to be public laces: (1) All rights-of-way, including street age right-of-ways. (2) Sidewalks, trails, assageway walkways generally used by pedestrians. (3) Parks. (4) M and bo (5) es of pu ccom ion situated within the corporate limits of e city, suc those utili or religious worship, educational ses e c egate or assemble for business, plea r amuseme oses. "Convents refu ceptacle" and "solid waste" within this section have the meanings de d in Se ion 21-1 of this Code. (d) sit" w his section means to drop, cast, throw, place, release, blow, spill, or du (e) "Properly placed" within this section means the discarding of litter or other solid waste so that the litter or solid waste does not protrude above the top of the conventional refuse receptacle. (f) Violations of this section are treated as strict liability offenses. There is no need to prove that the person had any intent to violate the section. 3 Plastic Bag Fee Sec. 22-3. Littering, public beaches. No person shall litter any public beach. Sec. 22-4. Littering, construction sites. (a) A contractor or construction site owner may not allow any litter to accumulate on the construction site except in a refuse receptacle. (b) A contractor or construction site owner may not throw or any litter to blow upon or be washed into the streets, drainage ditches, or stor sewers of the city; onto any adjacent property; or into any body of water within ity. (c) It is a defense to prosecution that the con or construction sit er picked up any litter that accidentally blew or was w into the str t, a drainage storm water sewer, onto another's property, or a bo wate properly placed a litter into a receptacle. Sec. 22-5. Littering, food establishme (a) For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is ME IM AMMV declared to be a public place, and that it is contrary to the public peace, safety, morals,VERL health and general welfare of the community to permit litter on such public place. "1W '"q� The owner or manager of every food establishment shall keep the streets and premises adjacent to the food establishment free from all scraps and litter accumulating on IM IMML account of the business conducted at the food establishment or dropped or left by customers of the establishment. IL A# (c) For the pur ose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a public place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. (d) The owner or operator of a business or commercial establishment shall provide on the premises sufficient refuse receptacles to keep the premises clean, but not less than two 4 Plastic Bag Fee (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or operator shall furnish such additional number of receptacles as is necessary to contain the litter. (e) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. Ae (f) It is unlawful for any customer or patron of a business or commercial establishment to - 1W "IMIL throw or allow any litter to blow upon the streets of the city or upon private property in the city. *IF X (g) It is a defense to prosecution that the patron or customer picked up any litter, which '901h, IdEw accidentally blew into the street or on to another property, and properly placed it into a receptacle. (h) The owner or the operator oft usines erc stablishment shall clean the premises and itter the fro treet or other premises to which said litter aveled, place a in receptacles within thirty (30) minutes after daily clo time of suc siness or ercial establishment. mercial esta ent operates continuously without closing, then e owne era a1I clean the premises and remove all litter therefrom and from any street or pre to which said litter has traveled, and place it in receptacles 11:00 a.m. an :00 p. . of each day. 0) It sh her duty of said owner or operator to prevent any litter on the premises from be upon or being permitted to come to rest upon the streets of the city or upon any p ate property in the city. Sec. 22-6. Litter and solid waste prohibited on lots. No person who owns or occupies any lot or parcel of land in the city may permit or allow litter, solid waste, inoperative or abandoned household appliances, furniture, or any other unsightly, objectionable, or unsanitary matter to accumulate on the lot or parcel of land, unless placed for collection by solid waste services or a private solid 5 Plastic Bag Fee waste collection service at a location designated by the director of solid waste services and in accordance with Chapter 21 of this Code. Sec. 22-7. Work or Improvements by Municipality. (a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement relating to stagnant water, filth, carrion, weeds, rubbish, brush, diseased trees, and other objectionable, unsightly, unwholesome, or AMIL unsanitary matter, or conditions under this chapter within seven (7) days of notice of a violation, any authorize city official with code enforcement or law enforcement authority, or their designee, may: (1) Do the work or make the improve required; a (2) Pay for the work done or im ents made and c the expenses to the owner of the property. (b) The notice must be given: (1) Personally to the owner in writin , (2) By letter addres owner at t ner's address as recorded in the records of the appraisal ct the pro is located; or (3) If personal service c t be o otic he property owner must be: By p ation at t once; By p g the noti or near the front door of each building on the p the ation relates; or "i. posting the on a placard attached to a stake driven into the d on the property to which the violation relates. c) If the city official with code enforcement or law enforcement authority, or their designee, a noti to a property owner in accordance with subsection (b)(2) of his section the United States Postal Service returns the notice as "refused" or Iaime a validity of the notice is not affected and the notice is considered de (d) In a notice provided under this section, the city official with code enforcement or law enforcement authority, or their designee, may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, may correct the violation, 6 Plastic Bag Fee without further notice, at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city official with code enforcement or law enforcement authority, or their designee, has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by subsections (a)(1) and (2) and assess its expenses as provided by Section 22-8. Sec. 22-8. Assessment of expenses; lien. (a) The city may assess expenses incurred and do 7 against the real estate on which the work is done or improvemen de. (b) To obtain a lien against the property the city official with code enforcement or law enforcement authority, or their designee, must file statement of ses incurred by the city with the County Clerk of s Co a lien stateme oust state the name of the own known, and t escription of the property. The lien attaches upon the filing statement he county clerk. (c) The lien obtained by the ity fort penditures made and interest accruing at the rate of ten ( er ce mo ue from the date of payment by the city (d) The lie ferior o (1) ax liens; an (2) for ent (e t att ay bring a r foreclosure in the name of the city to recover the a iture interest due. The city a ey m eclose a lien on property under this section in a proceeding relating to th operty ought under subchapter E, chapter 33, of the Tax Code, as may be ame d. (g) tatem expenses or a certified copy of the statement is prima facie proof of the incurred by the city in doing the work or making the improvements. (h) The re dy provided by this section is in addition to any fines or civil penalties that may be assessed. Sec. 22-9. Litter and solid waste prohibited on lots. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. In case the owner or occupant of any lot or premises under the provisions of this article shall be a corporation, and shall violate any provision of this 7 Plastic Bag Fee article, the president, vice-president, secretary or treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for any penalty. Sec. 22-10. Establishment and Remittance of Environmental Recovery Fee (a) A fee is hereby established for customers making purchases from businesses utilizing plastic checkout bags to offset the cost to the City Environmental Reco Program. (b) The fee shall be either : i. $0.10 per plastic checkout bag ("per bag"), ii. $1.00 per transaction involving plastic c t bags ("trans ") (c) Each business shall make an election of the per b transaction the time the business submits a Plastic Bag Reduction m of Corpus Christi Solid Waste Department. If no election is ma y the busine per bag fee shall apply. (d) If a business wishes to change fro e p e to t saction fee or vice versa, the request must be: i. Within th s of the tion. If t econd election is not made within six of the firs ction, th siness must wait until the one year anniversary of the election, ii. In writing, t eipt requested to the Director of the City of Chris d Waste Depa ent, and May o ch once every 365 days, starting from the effective date of this ordinance. (e) Fees be paid by customer at the time of purchase. (f) All business ch choose the per plastic check out bag fee shall indicate on the consumer transaction receipt if the customer used plastic bags and the total amount of fee charged. (g) Fees shall be collected by the business on a calendar month basis and remitted to the City of Corpus Christi Solid Waste Department by the 10th of the following calendar month, less a reasonable administrative fee or no more than 5% to remain with the business to offset the 8 Plastic Bag Fee costs incurred. Rules for remittance shall be promulgated by the Solid Waste Director with the assistance of other departments as may be required. A late payment fee shall be assessed of one hundred (100) dollars for each month the fees are unremitted to the City. (h) Fees collected under this ordinance shall be used for, including but not limited to: i. The cost of administration of the program; ii. Giveaways of free reusable bags; iii. Public education on reducing litter; iv. Hiring of more code enforcement officers and City employees to improve litter enforcement; V. Cleanups of shorelines, storm drains, stre arks and du areas; vi. Reduction of the residential solid was age pickup charge vii. Payment of the administrative fee icipating re ilers. (i) The following items are exempted from the Envi Recovery Fee i. Waste bags, including of multiple intended for use as garbage bags, pet waste bags, or yard w b ii. Bags used inside a Busines contai ms, as produce, nuts, grains, or candy; iii. Bags side a ess to meat, fish, or poultry; and iv. Ori anufactur ckaging. Sec. 22-1 men emittance ironmental Recovery Fee ( finesses th e p checkout bags shall register a Plastic Bag Reduction Program h the City of s Ch olid Waste Department annually. Businesses who utilize p checkout bag at fail to register a Plastic Bag Reduction Program with the City of Corp risti Solid to Department will be subject to penalties as set forth in Section 21- 66. (b) Businesses utilizing plastic checkout bags shall register an agent or member of management who is personally responsible for Plastic Bag Reduction Program and can be contacted in the event of a violation. (c) Registration of Plastic Bag Reduction Programs will begin 2014 in anticipation of the Ordinance effective date of 12014. 9 Plastic Bag Fee (d) A business which currently pays the environmental recovery fee can enter the Green Star Program as a way to avoid the environmental recovery fee: i. The business must contact the City of Corpus Christi Solid Waste Operations department to request a status change on their business. ii. Over a three month period the business must successfully demonstrate the a sixty (60) percent reduction in plastic checkout bag usage allowing City of Corpus Christi staff access for spot inspections. (Th will also monitor the Environmental Recovery Fee to determine if the is compliant over the three month period.) iii. After the three month period, the busines t submit an ation with the City of Corpus Christi requesting formal ap If approved, the er must continue abiding to the Green Star Progra eriodic ins ections. iv. To maintain eligibility in the Green Progr a business mu s maintain the following reductions against the number d in their application A. From t ive date .s ordinance until the one year anniversa ctive da a business must demonstrate a reduction the f p checkout bags given to ers of s perce Fro day of a one year anniversary of the effective date of this ance unti two year anniversary of the effective date of t e ness must demonstrate a reduction of the ber of plas ckout bags given to customers of eighty (80%) nt. C. Fro day after the two year anniversary of the effective date of is or ance, the business must demonstrate a reduction of the mber of plastic checkout bags given to customers of one hundred 00%) percent. Sec. 22-12. No Plastic Checkout Bags on City Property Beginning , 2014, no person may provide plastic checkout bags at any City facility, City-sponsored event, or any event held on City property. 10 Plastic Bag Fee Sec. 22-13. Signage Requirement. (a) All businesses shall maintain signs, in both English and Spanish, at a point of entry to the business reminding customers: i. To bring reusable bags into the business; ii. That plastic checkout bags are only given at customer request at checkout for a fee; iii. If the business has reusable bags for sale, that reu bags are available for purchase by the consumer; and iv. All signs required by this statute must comply w city ordinances. (b) Businesses not utilizing plastic checkout bags mpt from this p .on. Sec. 22-14. Rules. The Director of the City of Christi Waste Depart shall adopt rules necessary for the administration of this article t ironmental Recovery Fee. The Director of the City of Corpus Christi S aste Depart hall be responsible for administration of this article; developing all rules an necess administer all provisions of this article; developing maintenances progra nd ng En ental Recovery Fee criteria and standards. Section 22-15. Qua Re ortin (a) All businesse I maint ds of an mit to the City of Corpus Christi Solid Waste Depa ent a qu i. er o tic bags purchased by the retailer during the reporting period; and The nu of re a bags sold to consumers during the reporting period. (b) T iness must m ain these records for a period of no less than two years. Sec. 22-15. Pen f ation of this chapter. (a) Any p who violates any part of Section 22-2 through 22-9 of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) per violation per day. (b) In the event of a second conviction for a violation of any part of Section 22-2 through 22-9 of this chapter, a person shall be punished by a fine of not less than two thousand dollars ($2,000.00) per violation per day. 11 Plastic Bag Fee (c) Any violation of Section 22-10, 22-11, 22-12, 22-13 or 22-4 shall be subject to punishment as follows: First violation. A written warning notice shall be issued to the business that a violation has occurred. No fine shall be issued for the first violation. Subsequent violations. The fines shall be as follows: (A) $100 for the first violation in a calendar year; (B) $200 for the second violation same calendar year; or (C) $500 for each additional viol the same calendar year. (d) No more than one citation shall be issued usiness wi 7-day period. (e) A violation under this subsection i ss C misde eanor. (f) The culpable mental state required by 6.02 of the Texas Penal Code is specifically negated an ed with an iolation under this subsection is a strict liability offense. (g) Any city e enfo authority y issue a citation for any violation of thi ance. Section 2. Providing an ti 1, 2014. Sect' Any ordin or f any ordinance in conflict with this ordinance is expressly repe this ordinance. Section 4. ny reason section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall ct any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 12 Plastic Bag Fee That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Sco David Loeb That the foregoing ordinance was read for the nd time and pass ally on this the day of , 20 the follo vote: Nelda Martinez Kelley Allen Col clntyre Rudy Garza Lillian Priscilla Leal cOtt David Loeb PASSED AND A VED7 t e ay of , 2014. ATTEST: AR%6, Re Huerta Nelda Martinez City S ry Mayor 13 Plastic Bag Ban Ordinance establishes Chapter 22, Code of Ordinances, regarding litter; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. Now, be it ordained by the City Council of the City of Corpus i, Texas: Section 1. That Chapter 22, Code of Ordinances, shall r s follows: Sec. 22-1. Definitions. As used in this chapter, the following terms s ean: Business means any commerci ise or esta ent, including sole proprietorships, joint ventures, partnerships, corp on other le tity whether for profit or not for profit and includes all employee f the an y independent contractors associated with th Constructio owner me the perso ho owns or leases the premises on which a construction ac hat is ter is being conducted. ractor m he p has obtained a permit required by this chapter, and includes a ilder, electrici ech I contractor, plumber, roofer, or other member of a ruction trade. s defi ion includes subcontractors of the contractor and the em s of the con for and subcontractors. Departmen a Solid Waste Operations Department of the city. Director means The Director of Solid Waste Operations of the City of Corpus Christi, or a designated representative of the director. Dumpster means a container, which holds more than one (1) cubic yard, used to store solid waste until it is collected for disposal. The term also includes roll-on/roll-off containers that are used to transport solid waste on vehicle chassis. 1 Plastic Bag Ban Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premise and whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; and supply vehicles. Litter means: (a) decayable waste from a public or private e m esidence, or restaurant, including animal and vegetable waste material a market or a facility handling or storing produce or other food products he handling, pre on, cooking, or consumption of food, but not including e, body was s, or industri roducts; or (b) nondecayable solid waste, except ash at co f: (i) combustible waste material, incl er, rags, cartons, wood, excelsior, furniture, rubber, pl d trimming es, or similar materials; (ii) noncombustible a includi ss, crockery, tin or aluminum cans, metal furniture, simi ials do not burn at ordinary incine atures grees heit or less; and (iii arded orn-out ufactured materials and machinery, including r vehicles parts of or vehicles, tires, aircraft, farm implements, bui r c rial pliances, and scrap metal. Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality,lqmmlhl commission, political subdivision, or any international or interstate body or any other lqmlb governmVentity.Places oodation me ans any physical structure and the entire premises, lot, or parceich the structure is situated, including the outside seating areas, parking areas, driveways, and vehicle entrances and exits. Plastic checkout bag means a checkout bag that is made of plastic which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping and is less than four(4) mils in thickness. 2 Plastic Bag Ban Reusable bag means a bag that is specifically designed and manufactured for multiple reuse and is: (1) made of cloth or other washable fabric, (2) made of other durable material suitable for reuse, (3) is made of durable plastic which is four(4) mils or greater in thickness. Sec. 22-2 Littering prohibited in public places. (a) No person may deposit or permit to be deposited any ment, offal, urine, litter, or other kind of solid waste in any public place in t unless properly placed in a conventional refuse receptacle or for collecti so ste services or a private solid waste collection service at a locatio ignated by rector of solid waste services. (b) For the purposes of this section, t wing are d Glared to be p laces: (1) All rights-of-way, including st nd dr right-of-ways. (2) Sidewalks, trail passage d walkways generally used by pedestrians. (3) Parks. (4) Municipal piers and ramp (5) PI c acco situa in the corporate limits of ity, suc those u d for religious worship, educational rposes, or re people gregate or assemble for business, ure ur S. "Con al receptacle" and "solid waste" within this section have the meanings ed i ion 21-1 of this Code. "Deposit" wit his se on means to drop, cast, throw, place, release, blow, spill, or mp. (e) erly p " within this section means the discarding of litter or other solid was t the litter or solid waste does not protrude above the top of the conven al refuse receptacle. (f) Violations of this section are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the section. Sec. 22-3. Littering, public beaches. No person shall litter any public beach. 3 Plastic Bag Ban Sec. 22-4. Littering, construction sites. (a) A contractor or construction site owner may not allow any litter to accumulate on the construction site except in a refuse receptacle. (b) A contractor or construction site owner may not throw or allow any litter to blow upon or be washed into the streets, drainage ditches, or storm water sewers of the city; onto any adjacent property; or into any body of water within the city. (c) It is a defense to prosecution that the contractor or constructi site owner picked up any litter that accidentally blew or was washed into the stree ainage ditch, storm water sewer, onto another's property, or a body of water perly placed the litter into a receptacle. Sec. 22-5. Littering, food establishments. (a) For the purpose of the public peace, health, safety, morals and general welfare, the'Amok, NEW lqmllL entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a public place, and that it is contra to the public peace, safety, morals, k, health and general welfare of the community to permit litter on such public place. left lqmlb (b) The owner or manager of every food establishment shall keep the streets and premises adjacent to the food establishment free from all scraps and litter accumulating on account of the business conducted at the food establishment or dropped or left by ,JEW BE customers of the establishment. (c) For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the lqmlmhl outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a ublic place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. WEL (d) The owner or operator of a business or commercial establishment shall provide on the lqml& AM premises sufficient refuse receptacles to keep the premises clean, but not less than two (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or operator shall furnish such additional number of receptacles as is necessary to contain the litter. (e) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. 4 Plastic Bag Ban (f) It is unlawful for any customer or patron of a business or commercial establishment to throw or allow any litter to blow upon the streets of the city or upon private property in the city. (g) It is a defense to prosecution that the patron or customer picked up any litter, which accidentally blew into the street or on to another property, and properly placed it into a receptacle. (h) The owner or the operator of the business or commercial a blishment shall clean the premises and remove all litter therefrom and from any s r other premises to which said litter has traveled, and place same in recepta in thirty (30) minutes after daily closing time of such business or commercial lish (i) If the business or commercial establishmen tes continuo ithout closing, then the owner or operator shall clean the pr s and remove all Iitte efrom and from any street or other premises to which litter has tr led, and plac receptacles at 11:00 a.m. and 11:00 p.m. of each day. 0) It shall further be the duty of downer or op to prevent any litter on the premises from being blown upon or ed to co m est upon the streets of the city or upon any private property in th Sec. 22-6. Litter and as ohibite ts. No p who owns ccupies lot or parcel of land in the city may permit or allow Iitte id w .ve o ndoned household appliances, furniture, or er un objection nsanitary matter to accumulate on the lot or parce d, u placed for collection by solid waste services or a private solid waste colle sery a location designated by the director of solid waste services and i or an with Chapter 21 of this Code. Sec. 22-7. r Impr ents by Municipality. (a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement relating to stagnant water, filth, carrion, weeds, rubbish, brush, diseased trees, and other objectionable, unsightly, unwholesome, or unsanitary matter, or conditions under this chapter within seven (7) days of notice of a violation, any authorize city official with code enforcement or law enforcement authority, or their designee, may: (1) Do the work or make the improvements required; and 5 Plastic Bag Ban (2) Pay for the work done or improvements made and charge the expenses to the owner of the property. (b) The notice must be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner's address as recorded in the records of the appraisal district in which the property is located; or (3) If personal service cannot be obtained, notice tot property owner must be: i. By publication at least once; ii. By posting the notice on or ne fro r of each building on the property to which the viol elates; or iii. By posting the notice acard attached to a driven into the ground on the pro o which the iolation relate (c) If the city official with code enforcement or law enforcement authority, or their designee, mails a notice to a property o Sad nce with subsection (b)(2) of this section and the U es Postans the notice as "refused" or "unclaimed," the validity he is and the notice is considered delivered. (d) In a notice provided under this section, the city official with code enforcement or law enforcement authority, or their designee, may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner Ism commits another violation of the same kind or nature that poses a danger to the Lhealth and safety on or before the first anniversary of the date of the notice,cas the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, may correct the violation, without further notice, at the owner's expense and assess the expense against the WER roperty. If a violation covered by a notice under this subsection occurs within the one-year period, and the city official with code enforcement or law enforcement authorit , or their designee, has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by subsections (a)(1) and (2) and assess its expenses as provided by Section 22-8. Sec. 22-8. Assessment of expenses; lien. (a) The city may assess expenses incurred under section 22-7 against the real estate on which the work is done or improvements made. 6 Plastic Bag Ban (b) To obtain a lien against the property, the city official with code enforcement or law enforcement authority, or their designee, must file a statement of expenses incurred by the city with the County Clerk of Nueces County. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. (c) The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten (10) per cent on the amount d from the date of payment by the city. (d) The lien is inferior only to: (1) Tax liens; and (2) Liens for street improvements. (e) The city attorney may bring a suit fo osure in the name a city to recover the expenditures and interest due. (f) The city attorney may foreclose a lie rope der this section i a proceeding relating to the property brought under su E, chapter 33, of the Tax Code, as it may be amended. (g) The statement of expense a copy o tatement is prima facie proof of the expenses incurred by th in do ork king the improvements. (h) The rem e by this i in ad any fines or civil penalties that may b ssed. Sec. 22-9. Litter an w on An ho olate any o provisions of this article shall be guilty of a emeano . se ner or occupant of any lot or premises under the provisions of is article shall b orpo and shall violate any provision of this article, the president, resident, secr or asurer of such corporation, or any manager, agent or em of such cor tion shall be also severally liable for any penalty. Sec. 22-10. Plas out Bags Prohibited. (a) Beginning the effective date of this ordinance, the City will engage in a public education campaign to inform business establishments and citizens of the requirements regarding carryout bags. (b) Beginning , 2014, no person may provide plastic checkout bags at any City facility, City-sponsored event, or any event held on City property. 7 Plastic Bag Ban (c) Beginning , 2014, a business within the City limits may not provide plastic checkout bags to its customers or to any person. (d) Beginning , 2014, a business within the City limits must provide prominently displayed signage advising customers of the benefit of reducing, reusing and recycling and of the need to use reusable carryout bags. The language and placement of signs under this Section shall be as prescribed by rule. (e) A business establishment within the City limits may pr or sell reusable carryout bags to its customers or any person. A person may pro v ell reusable carryout bags at any City facility, City-sponsored event, or any event h Ci erty. (f) The following items are exempted from th ibition on plasti ckout bags: i. Waste bags, including packages iple bags i ended for use arbage bags, pet waste bags, or yard waste bags; ii. Bags used inside a Business to contain s, such as produce, nuts, grains, or candy; iii. Bags used inside a Bus in o at, fish, ultry; and iv. Original manufacturer packa Sec. 22-11. Si na uirement. (a) All busin s s s, i oth English and Spanish, at a point of entry usin inding custo i. ring ble bags into the business; ii. Th astic kout bags are only given at customer request at checkout for a If the iness has reusable bags for sale, that reusable bags are available for ase by the consumer; and iv. ns required by this statute must comply with current city ordinances. (b) Businesses not utilizing plastic checkout bags are exempt from this provision. Sec. 22-12. Penalties for violation of this chapter. (a) Any person that violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) per violation per day. 8 Plastic Bag Ban (b) In the event of a second conviction for a violation under any provision of this chapter, a person shall be punished by a fine of not less than two thousand dollars ($2,000.00) per violation per day. (c) Any city official with code enforcement authority may issue a citation for any violation of this ordinance. Section 2. Providing an effective date of January 1, 2014. Section 3. Any ordinance or part of any ordinance i flict with th inance is expressly repealed by this ordinance. Section 4. If for any reason any section, paragra bdivisio use, phrase, or provision of this ordinance shall be held invalid or unconstitutio judgment of a court of competent jurisdiction, it shall not affect any oth ion, paragra ubdivision, clause, phrase, word, or provision of this ordinance, for it is t tent of ity Council that every section, paragraph, subdivision, clause, phrase, w or pr f this ance be given full force and effect for its purpose. Section 5. Publica all be m in the al publication of the City of Corpus Christi as required by the City r of the f Corpus ti. 9 Plastic Bag Ban That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 an sed finally on this the day of , 2014 by Ilowing vote. Nelda Martinez ad Magill Kelley Allen olleen yre Rudy Garza as Priscilla Leal Mar tt David Loeb PASSED AND APP R he day of , 2014. ATTEST: Rebecca Nelda Martinez City S ry Mayor 10