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Agenda Packet City Council - 05/30/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, May 30,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. 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. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s 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 Joe McComb to call the meeting to order. B. Invocation to be given by Rabbi Ilan Emanuel, Congregation Beth Israel. C. Pledge of Allegiance to the Flag of the United States to be led by Jason Palmore, Marching/Concert Band Member, Veterans Memorial High School Sophomore. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations: 1. 17-0687 Presentation of Laserfiche's 2017 Pioneer Award F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: Corpus Christi Page 1 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 2. 17-0677 Regular Meeting of May 23, 2017, Special Meeting of May 18, 2017 and Workshop of May 18, 2017. Attachments: Minutes- May 23, 2017.pdf Minutes- May 18, 2017 Special.pdf Minutes - May 18, 2017 Workshop.pdf H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. 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. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 3 - 16) Corpus Christi Page 2 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 17-0642 Resolution approving application for the Automobile Burglary and Theft Prevention Authority (ABTPA) grant within the Police Department Resolution authorizing the City Manager or designee to submit a grant application in the amount of$488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of$710,217, in-kind match of$58,406, and program income match of$9,517 for a total project cost of$1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo ATPA grant application 05.23.2017 Resolution -ABTPA Grant 2017 FY2018 budget backup 4. 17-0509 Construction Contract for Naval Air Station Corpus Christi Truck Inspection Staging Area Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of$1,109,801.44 for Naval Air Station Corpus Christi Truck Inspection Staging Area for the total Base Bid plus Additive Alternate No. 1. Attachments: Agenda Memo- NASCC Truck Inspection Staging Area.docx Project Budget- NASCC Truck Inspection Staging Area Location Map NASCC Truck Inspection Staging Area.pdf Presentation NASCC Truck Inspection Staging Area.pptx Form 1295-NASCC Truck Inspection Staging Area.pdf Letter of Recommendation - NASCC Truck Inspection Staging Area.pdf 5. 17-0458 Supply Agreement for liquid aluminum sulfate for water treatment (Council Priority -Water) Motion approving a supply agreement with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for liquid aluminum sulfate for water treatment in accordance with RFB 1072, based on lowest responsive, responsible bid, for a total amount of$1,532,180.00 of which $510,727.00 is budgeted in the Water Funds for FY2016-17. Corpus Christi Page 3 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 Attachments: Agenda Memo-Liquid Aluminum Sulfate Bid Tabulation-Liquid Aluminum Sulfate Supply Agreement-Liquid Aluminum Sulfate Form1295-Liquid Aluminum Sulfate 6. 17-0586 Service Agreement for Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Lines for Wastewater Department Motion approving a service agreement with CSI Consolidated, LLC dba Clean Serve, LLC, of Pearland, Texas for closed circuit televised inspection (CCTV) of large diameter wastewater lines in accordance with RFB 1004/194, based on lowest responsive, responsible bid, for a total amount of$536,553.75 of which $134,138.00 is budgeted in the Water Fund for FY2016-17. The term of this agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-CCTV Large Diameter Bid Tabulation -CCTV Large Diameter Service Agreement-CCTV Large Diameter 1295 Form-CCTV Large Diameter 7. 17-0656 Approving an Extension to the Agreement with Valero Refining - Texas, L.P. for recycled water (City Council Priority -Water) Motion authorizing the City Manager or designee to execute a Sixty-day Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd). Attachments: Agenda Memo- Extension to the Agreement with Valero Refining for recycled w 2013 Agreement-Agreement for Exclusive Reservation of Recycled Water with First Amendment- Extension to the Valero Reservation Agreement Second Amendment- Extension to the Agreement for Exclusive Rervation of RE Agreement with Valero 60 Day Extension Signed by Valero 8. 17-0611 Amendment No. 1 to the Recycling Services Contract with BFI Waste Services Motion authorizing the City Manager, or designee, to execute the First Amendment to the Collection, Processing, and Marketing Residential Recycling Commodities contract with BFI Waste Services of Texas, LP, and ratifying the effective date of the amendment to be May 1, 2017. Attachments: Agenda Memo- Recycling Contract Amendment C Agreement- BFI Recycling Amendment1 vFinal1 Form 1295-BFI Waste Services of Texas Corpus Christi Page 4 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 9. 17-0597 Purchase of 12 inch steel pipe for Gollihar Street Improvement Project Motion approving the purchase of 12 inch steel pipe for the Gas Department from Texas Pipe & Supply Company, of Corpus Christi, Texas, in response to Request for Bid No. 1124 based on the lowest, responsive, responsible bid for a total amount not to exceed $106,954.00. Attachments: Agenda Memo-Steel Pipe Bid Tabulation-Steel Pipe 10. 17-0533 Service Agreement for Appraisal Services for Corpus Christi International Airport Motion authorizing the City Manager or designee to execute a service agreement with Aviation Management Consulting Group, Centennial, Colorado, for appraisal services for the Corpus Christi International Airport, in accordance with RFP No. 180, based on responsive and responsible proposal. The agreement will be for$140,000.00, and $30,000.00 will be funded in FY2016-2017. The term of the agreement is for five years, subject to the approval of the Contractor and the City Manager, or designee. Attachments: Agenda Memo-Appraisal Services for CCIA Matrix RFP 180 Appraisal Services for CCIA.pdf Service Agreement-Appraisal Services for CCIA Form 1295-Appraisal Services for CCIA 11. 17-0663 Resolution supporting the application for financial assistance from the Texas Water Development Board to refund the Choke Canyon debt obligation (Council Priority -Water) Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations incurred by the City under Federal Contract No. 6-07-01-X0675 by and among the City, the United States of America, and the Nueces River Authority; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Water Development Fund; and other matters in connection therewith. Attachments: Agenda Memo for TWDB Application Resolution - Requesting Assistance for Choke Canyon Refundinq(TWDB) 12. 17-0543 Second Reading Ordinance - Rezoning property located at 115 Waco Street (1st Reading 5/23/17) Case No. 0417-03 ERF Real Estate, Inc.: A change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. The Corpus Christi Page 5 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 property is described as being Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, in lieu thereof, approval of"Cl" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change in zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10, from the "I H" Heavy Industrial District to the "IL" Light Industrial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0417-03 ERF Real Estate, Inc. IL-Ordinance 0417-03 ERF Real Estate, Inc. CI-Ordinance 0417-03 ERF Real Estate, Inc. Aerial Maps-0417-03 ERF Real Estate, Inc. Zoning Report-0417-03 ERF Real Estate, Inc. 13. 17-0661 Second Reading Ordinance -Amending City Code and Drought Contingency Plan (City Council Priority -Water) (1st Reading 5/23/17) Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55-152 and 55-153; and providing for publication. Attachments: Agenda Memo Ordinance Amending the Drought Plan Amended Ordinance - Drought Contingency Plan (Redline) Amended Plan Drought Contingency Presentation - Drought Contingency Plan Ordinance amendment 14. 17-0325 Second Reading Ordinance -Amending City Code to modify the Auto Wrecker Ordinance and appropriating funds related to said modifications (Tabled 4/25/17) (1st Reading 5/23/17) Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle Corpus Christi Page 6 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 administrative fee of$20 per vehicle; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, and for publication. Attachments: Agenda memo-wrecker ordinance 005.23.2017 Ordinance -Wrecker amendment 2017 (A) 15. 17-0446 Second Reading Ordinance - One-way traffic flow along Rancho Vista Boulevard, between Yorktown Boulevard and future extension of Oso Parkway (1st Reading 4/25/17) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. Attachments: Agenda Memo- Rancho Vista Blvd Ordinance - Rancho Vista - Direction Site Plan -Rancho Vista Vicinity Map- Rancho Vista.pdf Presentation - Rancho Vista Blvd 16. 17-0608 Second Reading Ordinance -Amending City Code to Eliminate Utility Account Transfer Fee in Certain Circumstances (1st Reading 5/23/17) Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government-funded project; and providing for severance, publication, and an effective date. Attachments: Agenda Memo- Utility Code of Ordinances Amendment Ordinance -Transfer Fee Amendment vFinal L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 17) 17. 17-0639 Public Hearing and First Reading Ordinance -Amending the Unified Development Code and the Corpus Christi Code of Ordinances related to carports Corpus Christi Page 7 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 Ordinance amending the Unified Development Code related to carports by revising subsections 1.11.3 "Defined Terms," 3.12.1 "Applicability," 4.2.5.13 "Types of Yards," and 5.3.2 "Specific Accessory Uses and Structures;"; amending the Corpus Christi Code of Ordinances Chapter 14, Article XIII "Development Services Fees" subsection 14-1306 Special Fees and subsection 14-1361 Zoning Ordinace Fees; providing for severance; providing for penalties; providing for publication; and providing an effective date. Attachments: Agenda Memo-Carports- UDC Amendment with Fees(1) Ordinance -Carports-UDC Amendment with Fees(1) Presentation -Carports.pptx 05-11-17 N. RECESS FOR CORPORATION MEETING: (ITEM 18) 18. 17-0640 Special Corporation Meeting of the North Padre Island Development Corporation Attachments: Agenda Memo- NPIDC Packery Channel Monitoring NPIDC Agenda- Packery Channel Monitoring MINUTES NPID -January 17, 2017 TIF#2 March 2017 Financial Fund 1111 North Padres Island TIRZ2 Budget 5.15.17 TAMU-CC Contract Packers Channel Monitoring 03082017 O. RECONVENE COUNCIL MEETING: P. REGULAR AGENDA: (ITEMS 19 - 22) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 19. 17-0651 Contract for Professional Services for Packery Channel Monitoring Motion authorizing the City Manager, or designee, to execute a contract for professional services with Texas A & M University - Corpus Christi (TAMU-CC) in the amount of$257,745 for Packery Channel Monitoring. Attachments: Agenda Memo- Packery Channel Monitoring 2017 Budget-Packery Channel Monitoring 2017 Location map -Packery Channel 2017 TAMU-CC Contract Packery Channel signed Presentation - Packery Channel Monitoring 2017 20. 17-0024 Resolution approving the Wastewater Management Plan Corpus Christi Page 8 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 1 as stated in the Final Report which provides for maintaining all existing WWTPs. Attachments: Agenda Memo Resolution Approving Wastewater Treatment Plan for 053017 Resolution WWTP Management Plan 2017 Exhibit A-WW Management Plan 21. 17-0563 Resolution for the purchase and installation of PCR Thermocycler equipment for the Health Department Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. Attachments: Agenda Memo- QuantStudio Dx Equipment and Installation Resolution Sole Source - QuantStudio Dx Equipment and Installation Price Sheet-QuantStudio Dx Equipment and Installation Instrument-Services-Terms-and-Conditions for City of Corpus Christi (Revised 0 Terms and Conditions of Sale for City of Corpus Christi (Revised 05-23-2017) r Form 1295 -QuantStudio Dx Equipment and Installation 22. 17-0528 Service Agreement for Dumpster Collection Services Motion authorizing City Manager, or designee, to execute a service agreement with Mark Dunning Industries, Inc., of Dothan, Alabama for dumpster collection services, in accordance with Request for Bid No. 1013, based on the lowest, responsive, responsible bid for a total amount not to exceed $110,454.59, with an estimated expenditure of $42,581.31 in FY 2016-2017. The term of this contract will be for one year with options to extend for two additional one-year periods at the sole discretion of the City. Attachments: Agenda Memo- Dumpster Collection Services Bid Tabulation- Dumpster Collection RFB 1013 SA- RFB 1013 Dumpster Collection Services.pdf Form 1295.PDF Funds Certification Q. FIRST READING ORDINANCES: (ITEM 23) 23. 17-0615 First Reading Ordinance -Amending the Unified Development Code Corpus Christi Page 9 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 -Adding a Non-Voting Ex-Officio Navy Representative to the Planning Commission Ordinance amending the Unified Development Code Section 2.3.2 Establishment, Membership and Procedure by adding a non-voting ex-officio Navy representative to the Planning Commission; providing for severance; providing for penalty; providing for publication; and effective date. Attachments: Agenda Memo-Navy Ex-Officio Ordinance-Navy Ex-Officio Presentation-Navy Ex-Officio R. FUTURE AGENDA ITEMS: (ITEMS 24 - 30) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 17-0607 Purchase of Wavetronix Radar Detection Systems for Traffic Signal Systems (Council Priority -Streets) Motion authorizing City Manager, or designee, to execute a purchase from Twincrest Technologies, of Fort Worth, Texas for six Wavetronix radar detection systems in accordance with the cooperative purchasing agreement with the Houston-Galveston Area Council for a total amount of$99,400.00 and funded by the Redlight Photo Fund. This item is a one-time purchase. Attachments: Agenda Memo-Wavetronix Radar Price Sheet-Wavetronix Radar 25. 17-0536 Master Service Agreement for Evaluation, Prioritization and Design of Major Ditch Improvements (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a Master Service Agreement (MSA) with Lockwood, Andrews and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of$500,000 for evaluation, prioritization and design of Major Ditch Improvements. (Capital Improvement Project) Attachments: Agenda Memo- Maior Ditch MSA Project Budget- Maior Ditch Imp with formulas Location Map- Maior Ditch Agreement- LAN Maior Ditch Presentation - Maior Ditch MSA 26. 17-0601 Supply Agreement for Saddle Service Taps for Waterlines Motion authorizing City Manager, or designee, to execute a supply Corpus Christi Page 10 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 agreement with HD Supply Waterworks of Corpus Christi, Texas for the purchase of saddle service taps for waterlines in response to RFB 1069 based on the lowest, responsive, responsible bid for a total amount not to exceed $35,559.17, with an estimated expenditure of$11,853.00 in FY2016-2017 and funded by the Warehouse Stores Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Saddle Service Taps for Waterlines Bid Tab-Saddle Service Taps for Waterlines Supply Agreement-Saddle Service Taps for Waterlines Form 1295-Saddle Service Taps for Waterlines 27. 17-0567 Service Agreement for Electrical Repair for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam Motion authorizing City Manager, or designee, to execute a service agreement with Advantage Electrical Contracting & Maintenance, Inc., of Corpus Christi, Texas for the Electrical Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam in response to RFB 1056 based on the lowest, responsive, responsible bid for a total amount not to exceed $49,475 with an estimated expenditure of$16,492 in FY2016-2017 and funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion the City. Attachments: Agenda Memo- Electrical Services Bid Tabulation - Electrical Services Service Agreement Electrical Repair Services.pdf Form 1295-Electrical Services 28. 17-0643 Purchase of four Kubota RTV 900 Series for Parks and Recreation and Utilities Motion approving the purchase of four Kubota RTV 900 Series from Kubota Tractor Corporation, from Torrance, California, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $62,923.16. Funds are budgeted in FY2016-2017. Attachments: Agenda Memo- Kubota RTV 900 Price Sheet- Kubota RTV 900 Series 29. 17-0650 Lease-Purchase One Peterbilt 320 Chassis with Roll-Off and Three Peterbilt 367 Transfer Tractors for Solid Waste Operations Motion authorizing the City Manager, or designee, to lease-purchase one Peterbilt 320 chassis, with a roll-off and three Peterbilt 367 transfer Corpus Christi Page 11 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 tractors from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not to exceed $799,455 of which $13,274 is budgeted in General Fund for FY2016-17. Remaining payments will be requested in future years during the normal budget process. Attachments: Agenda Memo- Peterbilt 320 with Roll-Off and three 367 Transfer Tractors Price Sheet- Peterbilt 320 with Roll-Off and three 367 Transfer Tractor Informal Staff Report- Fleet Replacement Program 5.25.17 30. 17-0572 Amendment of Subscription Service Licenses for the Human Resources Department - Elearning Motion authorizing the City Manager or designee to execute an amendment for the continuation of subscription service licenses with OpenSesame, Inc., of Portland Oregon, based on a sole source for a total amount not-to-exceed $203,400 for the subscription service of three years. Funds are available in the Human Resources FY 2016-2017 budget for the first of three annual expenditures of$67,800. Attachments: Agenda Memo-OpenSesame Subscription Pricing Sheet-OpenSesame Subscription (ELearning) Amendment Renewal -OpenSesame Subscription Form 1295-OpenSesame, Inc. S. BRIEFINGS: (ITEM 31) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 31. 17-0555 Stormwater Quality Attachments: Agenda Memo- Presentation Stormwater Quality Presentation-Stormwater Quality T. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. U. EXECUTIVE SESSION: (ITEMS 32 -33) 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. If 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 officer. The City Council may deliberate and take action in open session on any issue that may be Corpus Christi Page 12 Printed on 5/30/2017 City Council Meeting Agenda-Final May 30,2017 discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 32. 17-0660 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities in the City's territorial limits and extraterritorial jurisdiction and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 33. 17-0685 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Rodd Field Road &Yorktown Boulevard or legal actions related thereto and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of Rodd Field Road & Yorktown Boulevard) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. W. ADJOURNMENT Corpus Christi Page 13 Printed on 5/30/2017 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, May 23,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. 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. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor Joe McComb called the meeting to order at 11:31 p.m. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. Deacon Michael Mantz gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mark Paul Infante, Senior Valedictorian, Richard King High School. Mr. Mark Paul Infante led the Pledge of Allegiance. D. Assistant City Secretary Paul Pierce to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and Assistant City Secretary Paul Pierce. Corpus Christi Page 1 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring May 21 - 27, 2017, "National Public Works Week". Proclamation declaring May 24, 2017, "Mary McLeod Bethune 75 Years of Early Child Development in the Coastal Bend Day". Commendation for Felix Longoria, Jr - Honoring Him for His Service to His Country. Swearing-In Ceremony for Newly Appointed Municipal Court Judge. Mayor McComb presented the proclamations and a certificate of commendation. The Honorable Jack Hunter, Retired District Judge, conducted the swearing-in ceremony for newly appointed Municipal Court Judge Robert R. Garcia. K. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Sara Salvide, 634 Hoffman, invited the City Council and the public to attend the 4th Annual "I Believe In Me" Run/Walk event on Saturday, May 27, 2017 beginning at 8:00 a.m. at Salinas Park The program focuses on educating youth about the pitfalls of challenges with getting involved in gangs, drugs, and violence.Abel Alonzo, 1701 Thames,thanked sponsors of the "I Believe In Me" Run/Walk of making the event a reality. Bill Killian, 14950 Santa Gertrudis, spoke regarding a future Agenda Item regarding a service agreement for dumpster collection services and requested consideration for Killian Calderon to receive local preference in awarding the contract. Ken Baker, 7421 Idle Hour, spoke regarding the following: City codes; the length of time it takes to get projects implemented; and City Council term limits. Joan Veith, 5701 Cain Drive,said the"City Hall in the Mall"event was a wonderful event where departments interacted with the community and she stated she would like to see the event occur more often. Susie Luna Saldana,4710 Hakel, raised concern with the appointment of a Municipal Court Judge that is not an United States citizens and requested the City seek a second legal opinion on whether Corpus Christi Page 2 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 rulings made by the Municipal Court Judge would stand. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The Utilities Department recently completed work on Up River Road which avoided costs of over$4 million if done by an outside construction company. The project involved the replacement of 3.2 miles of cast-iron pipe dating back to 1937. The project began in November 2016 and was completed last week for approximately$500,000. The project not only controlled costs, but will benefit residents with improved service and less frequent repairs.2) City Manager Rose publicly thanked City Council, city employees, and the citizens for attending "City Hall in the Mall"and making it a successful event. 3)City Manager Rose recognized the 2017 City Employee of the Second Quarter Vicki Doner, Management Aide for the Fire Prevention Bureau. 4)City Manager Rose recognized Parks and Recreation employee Johnny Martinez and thanked him for going beyond the call of duty by locating a citizen that had been reported missing and helping to reunite him with family. F. Mayoral Appointments 2. Appointment of Mayor Pro Terns Motion to approve the Mayor Pro Tem service schedule for the remainder of 2017-18. Mayor McComb deviated from the agenda and referred to Item 2, Mayoral appointment of Mayor Pro Tem. Mayor McComb recommended the following schedule for the remainder of 2017-2018: Lucy Rubio 3/11/17—6/06/17 Michael Hunter 6/07/17—9/02/17 Ben Molina 9/03/17—11/29/17 Paulette Guajardo 11/30/17—2/25/18 Greg Smith 2/26/18—5/24/18 Member to be appointed 5/25/18—8/20/18 Rudy Garza 8/21/18—End of term Council Member Garza made a motion to approve the recommended schedule, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-063 Corpus Christi Page 3 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 H. MINUTES: 3. Regular Meeting of May 16, 2017 and Workshop of May 11, 2017. Mayor McComb called for approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Vaughn and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 4 - 14) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the public. A council member requested that Item 8 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Supply Agreements for Veterinary Medicine and Supplies for the Animal Care Services Division within the Police Department Motion authorizing City Manager, or designee, to execute 12-month supply agreements with Patterson Veterinary Supply, Inc. of San Antonio, Texas, not to exceed $197,542.19, and Zoetis, Inc. of Parsippany, New Jersey, not to exceed $70,250.00, for veterinary medicine and supplies for the Corpus Christi Police Department, Animal Care Services Division, in accordance with Request for Bid No. 181, based on the lowest, responsive, responsible bids by grouped item for a total amount not to exceed $267,792.19, with an estimated expenditure of$30,000.00 in FY 2016-2017. This Motion was passed on the consent agenda. Enactment No: M2017-064 5. Resolution authorizing a Service Agreement for Fire Apparatus Maintenance for Parts and Services for the Fire Department Corpus Christi Page 4 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Resolution finding that the purchase of parts and services for Fire Department apparatus is necessary to preserve and protect the public health and safety of the City's residents and is also a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with Siddons-Martin Emergency Group of Katy, Texas, to provide parts and services for a total amount not to exceed $200,000.00; and finding that the program is critical in sustaining fire apparatus' reliability for service. This Resolution was passed on the consent agenda. Enactment No: 031149 6. Software Licensing Agreement for 1 Year Maintenance, Licenses and Cloud Services for LANDesk Software Motion authorizing the City Manager, or designee, to execute a software licensing agreement with Ivanti, Inc. (owner of LANdesk software) and purchase 12 months of software services and related licenses from SHI, Inc., of Austin, Texas, in accordance with the cooperative purchasing agreement of the Texas Department of Information Resources (DIR-SDD-2500), for an estimated expenditure of$77,090. This Motion was passed on the consent agenda. Enactment No: M2017-065 7. Purchase of Four 2017 Ford F-250 CNG Service Trucks for Water Utilities Department Motion approving the purchase of four 2017 Ford F-250 CNG service trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not-to-exceed $180,996.00. Funds have been approved for FY2016-2017. This Motion was passed on the consent agenda. Enactment No: M2017-066 9. Resolution authorizing Advance Funding Agreement with the Texas Department of Transportation (TXDOT)for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) with Corpus Christi Page 5 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 the City's payment in the amount of$42,000. This Resolution was passed on the consent agenda. Enactment No: 031150 10. Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. Resolution approving an agreement in the amount of$220,000, between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program, ratifying acceptance of the agreement to begin April 1, 2017, and authorizing the City Manager or designee to execute said agreement. This Resolution was passed on the consent agenda. Enactment No: 031151 11. Supply Agreement for library books, audio and visual recordings for City Libraries Motion authorizing City Manager, or designee, to execute a supply agreement with Baker& Taylor, LLC, Charlotte, North Carolina for library books, audio and visual recordings based on the cooperative purchasing agreement with TXSmartBuy (TXMAS) for a total amount not-to-exceed $660,000.00, with an estimated expenditure of $255,000.00 in FY 2016-2017. The term of the agreement is for 24 months with options to extend for up to two additional 12-month periods at the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-068 12. Second Reading Ordinance - Street Closure of Airheart Point Road and a portion of Ocean Drive located east of Ocean Drive (1st Reading 5/16/17) Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right-of-way tract containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta-Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas, and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and George and Gippie Hawn), to comply with specified conditions. This Ordinance was passed on second reading on the consent agenda. Corpus Christi Page 6 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Enactment No: 031152 13. Second Reading Ordinance -Accepting and appropriating Local Emergency Planning Committee grant through Texas Commission on Environmental Quality (TCEQ) (1st Reading 5/16/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of$92,662.80 from the Texas Commission on Environmental Quality (TCEQ) for reimbursement of expenses for Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, Update First Responder Service Areas in Nueces County, and City of Bishop Dispatch and EOC Enhancement Project; and appropriating the $92,662.80 in the No. 1062 Fire Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031153 14. Second Reading Ordinance -Appropriating funds for the Community Youth Development Program (CYD) Contract and subcontracts for CYD Program (1st Reading 5/16/17) Ordinance authorizing the City Manager to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from June 1, 2017 to August 31, 2021 in the amount of$1,808,168.54, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys & Girls Club of Corpus Christi, Communities in Schools of the Coastal Bend, Youth Odyssey, Inc. and the Y.W.C.A. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031154 8. Lease-Purchase of One Peterbilt 348 Truck with Roll-Off Chassis for Solid Waste Department Motion authorizing the City Manager, or designee, to lease-purchase one Peterbilt 348 truck, with a roll-off chassis from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not-to-exceed $207,042.07, with an estimated expenditure of$6,901.40 in FY2016-2017. Mayor McComb referred to Item 8, a lease-purchase of one Peterbilt 348-truck with roll-off chassis for the Solid Waste Department. Director of Fleet Corpus Christi Page 7 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Maintenance Jim Davis and council members discussed the following: an explanation on financing vehicles through lease-payment versus purchasing vehicles;the cost of interest on lease-purchases; amending the budget to have funds available to purchase vehicles; a future memo from staff to address the pros and cons of lease purchasing; and the use of the equipment replacement fund. Council Member Rubio made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 7- Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Garza Abstained: 0 Enactment No: M2017-067 N. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. Public Hearing and First Reading Ordinance - Rezoning property located at 115 Waco Street. Case No. 0417-03 ERF Real Estate, Inc.: A change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. The property is described as being Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, in lieu thereof, approval of"Cl" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change in zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10, from the "IH" Heavy Industrial District to the "IL" Light Industrial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 15. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow for the development of an office for the Children's Advocacy Center(CAC). Mr. Dimas stated that staff recommended denial of the change of Corpus Christi Page 8 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and in lieu thereof, approval of the "Cl" Intensive Commercial District; Planning Commission recommended approval of the change of zoning as requested by the applicant. Mayor McComb opened the public hearing. Les Daniels, 555 N. Caranchua and applicant; Clarisa Mora, Executive Director of the CAC; and Joe Benavides,410 Atlantic,spoke in support of the"IL" Light Industrial District zoning request. Mayor McComb closed the public hearing. Council members,staff and the applicant discussed the following topics:the subject property location and proximity to the Mary McLeod Bethune Center; the development of the CAC office enhancing the subject area;the CAC's construction schedule; an explanation of staff's recommendation;the reason the applicant requested the"IL" Light Industrial District zoning;future potential uses for the subject property; allowable uses in the "IL" Light Industrial District; other businesses located in the area; and concern regarding potential unknown uses for the subject property in the future. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Vaughn Abstained: 0 16. Public Hearing and First Reading Ordinance -Amending City Code and Drought Contingency Plan Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55-152 and 55-153; and providing for publication. Mayor McComb referred to Item 16.Water Resource Manager Steve Ramos stated that the purpose of this item is to amend the Water Resource Management and Drought Contingency Plan ordinance pursuant to the May 9, 2017 City Council briefing whereas recommended changes to the Drought Contingency Plan were made based on current conditions and City Council direction. Mr. Ramos presented the following:the purpose of the Drought Contingency Plan;the state requirement;the Drought Contingency Plan recommendations;the impact of the changes for customers; and next steps. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and Corpus Christi Page 9 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 O. REGULAR AGENDA: (ITEMS 17 - 18) 17. Second Reading Ordinance -Amending Fire Prevention Code to Allow a Third-Party Reporting System (1st Reading 5/16/17) Ordinance amending Corpus Christi Code of Ordinances, Fire Prevention Code to allow third-party inspection reporting system; authorizing the City Manager or designee to execute a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system; providing for penalties; providing for severance; and providing for publication. Mayor McComb referred to Item 17, an amendment to the City's Code of Ordinances, Fire Prevention Code to allow a third-party reporting system. Fire Chief Robert Rocha was available for questions. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031155 18. Second Reading Ordinance - Mid-Year Budget Adjustment (1 st Reading 5/16/17) Ordinance amending current Operating Budget adopted by Ordinance No. 030965 as follows: a) increase revenues by $2,423,308 due to increased stop loss reimbursements and increase appropriations by $6,000,000 due to increased health care costs in the Citicare Group Health Fund; (b) increase revenues by $1,770,576 due to increased stop loss reimbursements and increase appropriations by $3,800,000 due to increased health care costs in the Police Group Health Fund; (c) increase revenues by $246,476 due to increased stop loss reimbursements and increase appropriations by $800,000 due to increased health care costs in the Fire Group Health Fund. Mayor McComb referred to Item 18. Director of Management and Budget Eddie Corpus Christi Page 10 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Houlihan stated that the purpose of this item is to amend the current Operating Budget for the Citicare, Police and Fire Group Health Funds by appropriating $10,600,000 and increasing revenues by$4,440,360. Director of Human Resources Steven Viera was present to respond to questions. There were no comments from the public. Council members and staff discussed the following topics: concern with the depletion of reserve funds;financing the mid-year adjustment through operating funds instead of the reserve fund; how use of operating funds would impact personnel or levels of services; an explanation on the use of reserve funds; how reserve funds are replenished; the dramatic changes to the insurance plans for next fiscal year; educating staff on out-of-network costs; the impact should City Council vote in opposition to the ordinance;whether there is legislation regarding emergency service clinics being considered in-network; and review of department budgets by prioritizing operations. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio and Council Member Vaughn Nay: 1 - Council Member Smith Abstained: 0 Enactment No: 031156 M. RECESS FOR LUNCH Mayor McComb recessed the Council meeting at 1:33 p.m. Mayor McComb reconvened the Council meeting at 2:05 p.m. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and returned to City Manager's Comments. City Manager Margie C. Rose reported that in relation to the agreement between the City and the Texas Department of Transportatioin (TxDOT) regarding the new Harbor Bridge, T.C.Ayers pool will re-open on May 27,2017, Memorial Day weekend. P. FIRST READING ORDINANCES: (ITEMS 19 -22) 19. First Reading Ordinance -Amending City Code to modify the Auto Wrecker Ordinance and appropriating funds related to said modifications (Tabled 4/25/17) Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of$20 per vehicle; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget Corpus Christi Page 11 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, and for publication. Mayor McComb referred to Item 19. Police Chief Mike Markle stated that the purpose of this item is amend the City's Code of Ordinances, Chapter 57, Autowreckers, by adding an administrative fee of$20 per vehicle recovered by owner to provide for the processing of paperwork. The administrative fee will generate an additional $61,000 in revenue for the remainer of the fiscal year to be used for improvements to the vehicle impound lot and personnel to run the facility 24-hours a day next fiscal year. There were no comments from the public Council members discussed the following topics:the funds generated this fiscal year to pay for improvements to the vehicle impound facility; improvements to software and additional personnel to improve customer service for citizens and autowrecker service companies; and the amount of revenue expected to be generated next fiscal year. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 20. First Reading Ordinance - One-way traffic flow along Rancho Vista Boulevard, between Yorktown Boulevard and future extension of Oso Parkway Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. Mayor McComb referred to Item 20. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinancse, Chapter 53-250 One-Way Streets and Alleys by changing the designation on portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern. The amendment was approved by the Transportation Advisory Commission and Braselton Homes will be paying the associated costs for traffic design. Mayor McComb called for comments from the public. Ken Baker, 7421 Idle Hour,spoke in support of the item and requested consideration to place"No Parking"on or widen Stampede Street. Council members and staff discussed the following: the current congestion on Rancho Vista Boulevard; support for having Traffic Engineering research placing "No Parking"signs on Stampede Street; and appreciation to Braselton Homes for paying associated costs for traffic design. Corpus Christi Page 12 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 21. First Reading Ordinance -Adjusting Speed Zone on Ocean Boulevard from Sand Dollar Boulevard to North Gate of Air Station Corpus Christi Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ocean Drive from Sand Dollar Boulevard to North Gate of Naval Air Station Corpus Christi, and updating Ocean Drive from Airline Road to Sand Dollar Boulevard; providing for severance; and providing for publication. Mayor McComb referred to Item 21. City Manager Margie C. Rose stated that this ordinance was withdrawn by staff. 22. First Reading Ordinance -Amending City Code to Eliminate Utility Account Transfer Fee in Certain Circumstances Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government-funded project; and providing for severance, publication, and an effective date. Mayor McComb referred to Item 22. Director of Financial Services Constance Sanchez stated that the purpose of this item is to amend the City's Code of Ordinances to eliminate the assessment of a utility account transfer fee for existing utility customers in situations involving a government-funded project for which they are required to relocate. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Mayor McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 23 - 35) Mayor McComb referred to Future Agenda Items. Council members requested Corpus Christi Page 13 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 information on Items 25, 27, and 28. City Manager Margie C. Rose stated that staff had planned presentations on Items 25,28, 33 and 35. 23. Resolution approving application for the Automobile Burglary and Theft Prevention Authority (ABTPA) grant within the Police Department Resolution authorizing the City Manager or designee to submit a grant application in the amount of$488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of$710,217, in-kind match of$58,406, and program income match of$9,517 for a total project cost of$1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 24. Resolution for the purchase and installation of PCR Thermocycler equipment for the Health Department Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. This Resolution was recommended to the regular agenda. 25. Construction Contract for Naval Air Station Corpus Christi Truck Inspection Staging Area Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of$1,109,801.44 for Naval Air Station Corpus Christi Truck Inspection Staging Area for the total Base Bid plus Additive Alternate No. 1. This Motion was recommended to the consent agenda. 26. Supply Agreement for liquid aluminum sulfate for water treatment (Council Priority -Water) Motion approving a supply agreement with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for liquid aluminum sulfate for water treatment in accordance with RFB 1072, based on lowest responsive, responsible bid, for a total amount of$1,532,180.00 of which Corpus Christi Page 14 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 $510,727.00 is budgeted in the Water Funds for FY2016-17. This Motion was recommended to the consent agenda. 27. Service Agreement for Closed Circuit Television (CCN) Inspection and Cleaning of Large Diameter Wastewater Lines for Wastewater Department Motion approving a service agreement with CSI Consolidated, LLC dba Clean Serve, LLC, of Pearland, Texas for closed circuit televised inspection (CCTV) of large diameter wastewater lines in accordance with RFB 1004/194, based on lowest responsive, responsible bid, for a total amount of$536,553.75 of which $134,138.00 is budgeted in the Water Fund for FY2016-17. The term of this agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. This Motion was recommended to the consent agenda. 28. Resolution approving the Wastewater Management Plan Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 1 as stated in the Final Report which provides for maintaining all existing WWTPs. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to proceed with the base case option with the exception of relocating Greenwood Wastewater Treatment Plant(WWTP),flood proofing Greenwood WWTP instead, and immediately proceeding with repair of the headworks at Greenwood WWTP as defined by the current Capital Improvement Program (CIP),seconded by Council Member Rubio. The Motion of Direction was passed and approved with the following vote: Mayor McComb, Council Members Molina, Rubio, Smith, Guajardo, and Hunter, voting "Aye"; Council Members Vaughn and Garza,voting"No". This Resolution was recommended to the regular agenda. 29. Approving an Extension to the Agreement with Valero Refining - Texas, L.P. for recycled water (City Council Priority -Water) Motion authorizing the City Manager or designee to execute a Sixty-day Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd). This Motion was recommended to the consent agenda. 30. Amendment No. 1 to the Recycling Services Contract with BFI Corpus Christi Page 15 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 Waste Services Motion authorizing the City Manager, or designee, to execute the First Amendment to the Collection, Processing, and Marketing Residential Recycling Commodities contract with BFI Waste Services of Texas, LP, and ratifying the effective date of the amendment to be May 1, 2017. This Motion was recommended to the consent agenda. 31. Purchase of 12 inch steel pipe for Gollihar Street Improvement Project Motion approving the purchase of 12 inch steel pipe for the Gas Department from Texas Pipe & Supply Company, of Corpus Christi, Texas, in response to Request for Bid No. 1124 based on the lowest, responsive, responsible bid for a total amount not to exceed $106,954.00. This Motion was recommended to the consent agenda. 32. Service Agreement for Appraisal Services for Corpus Christi International Airport Motion authorizing the City Manager or designee to execute a service agreement with Aviation Management Consulting Group, Centennial, Colorado, for appraisal services for the Corpus Christi International Airport, in accordance with RFP No. 180, based on responsive and responsible proposal. The agreement will be for$140,000.00, and $30,000.00 will be funded in FY2016-2017. The term of the agreement is for five years, subject to the approval of the Contractor and the City Manager, or designee. This Motion was recommended to the consent agenda. 33. Resolution supporting the application for financial assistance from the Texas Water Development Board to refund the Choke Canyon debt obligation (Council Priority -Water) Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations incurred by the City under Federal Contract No. 6-07-01-X0675 by and among the City, the United States of America, and the Nueces River Authority; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Water Development Fund; and other matters in connection therewith. This Resolution was recommended to the consent agenda. Corpus Christi Page 16 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 34. Resolution supporting the Downtown Management District's application for Cultural District Designation Resolution supporting the Downtown Management District's application for the designation of a Cultural District and authorizing the certification of a Cultural District to be named Downtown Corpus Christi Cultural District for at least ten (10) years. This Resolution was recommended to the consent agenda. 35. Contract for Professional Services for Packery Channel Monitoring Motion authorizing the City Manager, or designee, to execute a contract for professional services with Texas A & M University - Corpus Christi (TAMU-CC) in the amount of$257,745 for Packery Channel Monitoring. This Motion was recommended to the consent agenda. R. FUTURE CORPORATION MEETING: (ITEM 36) 36. Special Corporation Meeting of the North Padre Island Development Corporation This Corporation Meeting was recommended to be held. S. BRIEFINGS: (NONE) T. LEGISLATIVE UPDATE: None. U. EXECUTIVE SESSION: (ITEMS 37 - 39) Mayor McComb referred to the day's executive sessions. The Council went into executive session at 4:06 p.m. The Council returned from executive session at 6:21 p.m. 37. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to emergency service districts, the provision of fire and ambulance services, dispatching, 911 services, Chapter 143 of the Texas Local Government Code, and collective bargaining. This E-Session Item was discussed in executive session. Corpus Christi Page 17 Printed on 5/25/2017 City Council Meeting Minutes May 23,2017 38. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and litigation including, but not limited to, the case of Graziella G. Mesa vs. City of Corpus Christi, Texas. This E-Session Item was discussed in executive session. 39. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Municipal Court and Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action in open session. This E-Session Item was discussed in executive session. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. W. ADJOURNMENT The meeting was adjourned at 6:22 p.m. Corpus Christi Page 18 Printed on 5/25/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes Special City Council Meeting Thursday, May 18,2017 1:30 PM 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 Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Rubio called the meeting to order at 1:30 p.m. B. Invocation to be given by Dr. Brian Hill, Senior Pastor, First Baptist Church. Dr. Brian Hill gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Edgar Leonard, Director of Facilities and Property Management. Mr. Edgar Leonard led the Pledge of Allegiance. D. Assistant City Secretary Paul Pierce to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce called the meeting to order and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and Assistant City Secretary Paul Pierce. Present 8- Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Joe McComb, Council Member Ben Molina, Council Member Lucy Rubio, Council Member Greg Smith, and Council Member Carolyn Vaughn E. Swearing-In Ceremony for New Mayor, to be conducted by The Honorable Sandra L. Watts, Presiding Judge, 117th District Court of Nueces County, Texas. The Honorable Sandra L. Watts, Presiding Judge, 117th District Court of Nueces County, Texas, conducted the swearing-in ceremony for new Mayor Joe McComb. F. Incoming Mayor Speech Mayor McComb thanked his family,friends, and supporters for their assistance Corpus Christi Page 1 Printed on 5/25/2017 Special City Council Meeting Meeting Minutes May 18,2017 and support during the election process and thanked City staff for their work. G. Adjournment Mayor McComb invited the public to a reception in the City Council Foyer area outside City Council Chambers. The meeting was adjourned at 1:51 p.m. Corpus Christi Page 2 Printed on 5/25/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Thursday, May 18,2017 3:00 PM 1201 Leopard Street Basement Training Room Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor Joe McComb called the meeting to order at 3:00 p.m. B. Assistant City Secretary Paul Pierce to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles Risley, and Assistant City Secretary Paul Pierce. Present 8- Mayor Joe McComb, Council Member Rudy Garza Jr., Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Ben Molina, Council Member Lucy Rubio, Council Member Greg Smith, and Council Member Carolyn Vaughn Note: Council Member Michael Hunter arrived at 3:11 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. Creation of Airport Zoning Commission Mayor Joe McComb referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the creation of an Airport Zoning Commission. Director of Aviation Fred Segundo presented information on the following topics relating to the establishment and implementation of an Airport Zoning Corpus Christi Page 1 Printed on 5/25/2017 City Council Workshop Session Meeting Minutes May 18,2017 Commission (AZC): background; definitions; authority to establish an AZC or Joint Airport Zoning Board(JAZB); the attributes of an AZC versus a JAZB; an AZC's proposed structure; airport zoning regulations; a description of controlled compatible land use area;the AZC's boundaries; and an implementation schedule. Council Members Greg Smith,Joe McComb, Lucy Rubio, Michael Hunter and Ben Molina stated they would abstain from discussing Item 1. City Attorney Miles Risley and Assistant City Secretary Paul Pierce clarified that, although a majority of city council members were abstaining due to a conflict of interest, Texas'conflict of interest laws do not prevent discussion or voting on the item if a majority of the members of city council have similar conflicts of interest on this item. Thus, all council members remained in the meeting and the discussion continued. Council members and staff discussed the following additional topics: the reasons for establishing an AZC;the AZC's authority in the City's Extra Territorial Jurisdiction (ETJ); that the AZC will give the City land use regulatory authority outside the corporate limits;encroachment issues at local military airfields; protecting the U.S. Navy's mission; height issues; lighting concerns; that the Planning Commission is intended to serve as the AZC; concerns that a new commission adds more bureaucracy; private property rights; additional regulations on property owners;the AZC requiring additional review by the Development Services Department; how and by whom were the proposed AZC's boundaries defined; protecting the U.S. Navy by regulating development in areas adjacent to military air fields; protecting the Corpus Christi International Airport from development encroachment;that the applicable law allows an AZC's regulatory authority to apply only to the area outside the airport/Navy airfields; restrictions relating to the use of farmland near airfields; grandfathering existing structures; and reasons that past efforts to establish a JAZB were not successful. Council Member Garza made a motion directing the City Manager to move forward in setting up the Airport Zoning Commission (AZC),seconded by Council Member Rubio and passed unanimously. 2. Solid Waste Services Recycling Program and Contract Mayor Joe McComb referred to Item 2. City Manager Margie C. Rose provided a brief introduction to the City's Solid Waste Services recycling program and contract. Director of Solid Waste Operations Lawrence Mikolaczyk presented information on the following topics: history of recycling in Corpus Christi; a summary of the current recycling contract; historical recycling volumes; key benefits of recycling since 2011;the terms of the current recycling contract; annual net recycling contract proceeds (rebate minus processing fee); pros and cons for the City and Contractor of the proposed contract amendment; and that it is recommended that the recycling contract be amended as proposed. General Manager of Republic Services (recycling contractor) Robert Bradley provided a summary of the proposed contract amendment, discussed educating residents regarding what is recyclable and enforcement issues. Corpus Christi Page 2 Printed on 5/25/2017 City Council Workshop Session Meeting Minutes May 18,2017 Council members and city staff discussed the following topics: net revenue received by the City from the recycling contract; a reduction in contamination of recyclables being in the City's financial best interest;the contractor's need to recoup costs; the City's annual cost to collect recyclables;the City tagging trash and recycling carts as a means of reducing contamination of recyclables; educating residents; that the contractor will make a capital investment in an optical plastic bottle sorter should the proposed contract amendment be approved;that the current contract expires in 2021; the term of the proposed contract amendment;the recycling program's positive net revenue includes revenue from the monthly fee paid by residents for the recycling program; the reasons to keep the recycling program that is subsidized by fees paid by residents; landfill and quality of life considerations; total annual revenue realized from fees paid by residents for the recycling program;the total annual cost of the recycling program;the annual tonnage of regular garbage and the percentage that recycling is of that amount;the cost per ton the City pays its contractor for push-and-pack services; alternatives for turning trash into an energy source; and how other communities operate their recycling programs. Council Member Smith made a motion directing the City Manager to proceed with amending the recycling contract as proposed,seconded by Council Member Rubio and passed unanimously. D. ADJOURNMENT The meeting was adjourned at 4:43 p.m. Corpus Christi Page 3 Printed on 5/25/2017 SC o� Va. v AGENDA MEMORANDUM N�ORROPp�EO Future item for the City Council meeting of May 23, 2017 1852 Action Item for the City Council meeting of May 30, 2017 DATE: May 11, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema(a)cctexas.com 886-2603 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of$488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of $710,217, in-kind match of $58,406, and program income match of $9,517 for a total project cost of$1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 17 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased from 1,515 to 659 in 2016. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. 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: 2016- Expenditures 2017 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $40,684 $447,527 $488,211 BALANCE Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Budget Summary Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of $710,217, in-kind match of $58,406, and program income match of $9,517 for a total project cost of $1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of$488,211 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of $710,217, in-kind services of $58,406, and a program income match of$9,517 , for a total project cost of$1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member - Automobile Burglary and Theft Prevention Authority PUUTfCT/T./TS YUUUS FY18 Statement of Grant Award e,9 a.v&theft P e,-t-ty Budget Summary and Support Schedules Budget Category ABTPA Funds Cash Match In-Kind Match Total Personnel (Salaries/Overtime) $336,316 $324,967 $44,387 $705,670 Personnel (Fringe Benefits $6,432 $341,213 $0 $347,645 Contractual $0 $0 $0 Travel $8,381 $9,517 $0 $17,898 Equipment $72,098 $0 $0 $72,098 Supplies & Direct Operating Exp. $64,984 $44,037 $14,019 $123,040 Totals 1 $488,2111 $719,7341 $58,4061 $1,266,351 Sources of Match Tables List Source(s) of Cash Match* Amount SALARIES AND OT $324,967 FRINGE BENEFITS $341,213 IN-STATE TRAVEL $9,517 SUPPLIES $44,037 *City of Corpus Christi 100% Source Match Total $719,734 List Source of In-Kind Match Amount NICB AGENT SALARY $44,387 *RENTAL SPACE $11,030 *COPIER SUPPLIES $2,989 *Citv of Corpus Christi Source of In-Kind Match Total $58,406 *List Program Income used as cash match as a separate line Page 1 of 6 pages - Automobile Burglary and Theft Prevention Authority PUUTfCT/T./TS YUUUS FY18 Statement of Grant Award B,q y&theft P e,-t-ty Budget Summary and Support Schedules Personnel - Title or Position personnel %of Salary ABTPA Funds Cash Match In-Kind Total LIEUTANT LERMA 1 100% $82,068 $82,068 DETECTIVE VALDEZ 1 100% $76,212 $76,212 DETECTIVE RAICHERT 1 100% $76,212 $76,212 DETECTIVE BUSTAMANTE 1 100% $76,212 $76,212 DETECTIVE RODRIGUEZ 1 100% $72,584 $72,584 DETECTIVE RJASKO 1 100% $76,212 $76,212 DETECTIVE ALEJANDRO 1 100% $72,584 $72,584 GRANT PROJECT MANAGER 1 100% $33,944 $33,944 CRIME ANALYST 1 100% $36,489 $36,489 INTAKE SPECIALIST 1 50% $15,376 $15,375 $30,751 NICB AGENT 1 50% $44,387 $44,387 $0 $0 $0 $0 $0 $0 $0 Total Direct Salaries 11 $320,301 $312,967 _$44,3871 $677,655 Total Overtime $16,0151 $12,0001 1 $28,015 Total Requested Amounts $336,316 $324,967 $44,387 $705,670 Budget Narrative Page 2 of 6 pages - Automobile Burglary and Theft Prevention Authority PUUTfCT/T./TS YUUUS FY18 Statement of Grant Award By&theftP[.,-t-Ity Budget Summary and Support Schedules Personnel - Fringe Benefits %or$ Rate ABTPA Funds Cash Match In-Kind Total Retirement 22.0% $145,218 $145,218 Insurance $120,171 $120,171 Life Insurance $0 Medicare 1.5% $0 FICA 6.2% $6,432 $44,156 $50,588 OTHER education/longivity $31,668 $31,668 clean in /clothing $0 vision, supplemental, dental $0 $0 Total Fringe Benefits 1 $6,4321 $341,213 $0 $347,645 Budget Narrative Professional & Contract Description of Service ABTPA Funds Cash Match In-Kind Total $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Professional & Contract $0 $0 $0 $0 Budget Narrative Page 3 of 6 pages - Automobile Burglary and Theft Prevention Authority PUUTfCT/T./TS YUUUS FY18 Statement of Grant Award By&theftP[.,-t-Ity Budget Summary and Support Schedules Travel In-State Travel - Purpose Destination # of Travelers ABTPA Funds Cash Match In-Kind Total ABTPA BIRD MEETINGS AUSTIN,Tx 4 $3,336 $3,336 TAVTI CONFERENCE DALLAS,Tx 5 $5,045 $5,045 TCPA CONFERENCE TYLER,Tx 1 $761 $761 GRANT ADMIN MILEAGE $1,060 $1,060 2000 X .53 $0 $0 $0 In-State Travel Total $8,381 $1,821 $0 $10,202 Out-of State Travel Purpose Destination # of Travelers ABTPA Cash Match In-Kind TOTAL IAATI CONFERENCE Pittsburg, PA 4 $7,696 $7,696 TOTAL Out-of-State Travel $7,696 $7,696 TOTAL TRAVEL BUDGET $9,517 $17,898 Budget Narrative Page 4 of 6 pages - Automobile Burglary and Theft Prevention Authority PUUTfCT/T./TS YUUUS FY18 Statement of Grant Award By&theftP[.,-t-Ity Budget Summary and Support Schedules Equipment Equipment Description and ABTPA Funds Cash Match In-Kind Match Total Quantity 2 TRUCKS $70,000 $70,000 2 TINT &ALARMS $1,158 $1,158 2 TOOLBOXES $640 $640 2 STEP BARS $300 $300 $0 $0 $0 $0 Total Equipment $72,098 $0 $0 $72,098 Budget Narrative Supplies and Department Operating Expense Supplies and Department Operating Expense - ABTPA Funds Cash Match In-Kind Total Description Office Supplies $8,690 $8,690 Communications $7,405 $7,405 Public Awareness $17,079 $17,079 Postage $500 $500 Fuel $20,000 $20,000 Rental S ace $11,030 $11,030 Move It Storage $1,860 $1,860 Copier Supplies $2,989 $2,989 Confidental Funds $500 $500 Misc. Tools $3,000 $3,000 Vehicle Maintenance $44,037 $44,037 Registration Fees $4,700 $4,700 Covert Tracker Equipment $1 250 $1,250 Total Supplies & DOE 1 $64,9841 $44,0371 $14,0191 $123,040 Page 5 of 6 pages - Automobile Burglary and Theft Prevention Authority PUUTfCT/T./TS YUUUS FY18 Statement of Grant Award B-I-y&theft P,e e e-th.,ty Budget Summary and Support Schedules Page 6 of 6 pages SC v AGENDA MEMORANDUM NcnHPONP11 Future Item for the City Council Meeting of May 23, 2017 1852 Action Item for the City Council Meeting of May 30, 2017 DATE: April 25, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract NASCC Truck Inspection Staging Area CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $1,109,801.44 for Naval Air Station Corpus Christi Truck Inspection Staging Area for the total Base Bid plus Additive Alternate No. 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Naval Air Station Corpus Christi (NASCC) Truck Inspection Staging Area Project. This project was developed under the Texas Military Value Revolving Loan Fund that provides financial assistance to defense communities in Texas to enhance the value of area military bases in support of the military mission. BACKGROUND AND FINDINGS: The NASCC Truck Inspection Station is one of five area projects that were identified to use proceeds from the Texas Military Value Revolving Loan Fund. Currently, the south gate at NAS Drive is the designated point of entry for all transport and shipments into NASCC. The proximity of the security gate to the truck inspection entrance causes congestion and conflict between delivery vehicles and other vehicles awaiting entry to the base. The new staging area will separate delivery vehicles from other traffic, enhancing safety and reducing delays. This project was developed in partnership with NASCC. This project is being funded under the Texas Military Value Revolving Loan Fund. That fund was established by the 78th Legislature to help communities support military installations. The NASCC Truck Inspection Staging Area Project is 1 of 5 local projects approved for the Texas Military Value Revolving Loan Fund. The approved projects are listed below: Military Value Revolving Probable City Share POCCA Status Loan Funds Project List Cost ($) ($) Share ($) Sam Rankin Road Improvements $1,726,124 $1,318,030 $408,094 Construction in closeout Pending Land Acquisition $900,000 $900,000 Offers/negotiations with the Property Owners S. Gate NASCC Truck $1,500,000 $1,500,000 THIS ITEM Insp. Staging Area NASCC Fence $500,000 $500,000 Construction planned Improvements start in July 2017 US Coast Guard Taxiway Construction underway Kilo Extension $356,353 $356,353 with completion in fall 2017 $4,982,478 $4,574,384 $408,094 Project Scope: This project provides for a new secure truck staging area for up to ten (10) 18-wheel trucks on existing US Navy property. The new staging area and driveways are concrete pavement with new lighting, security fencing, and new bridge over dual 48" reinforced concrete pipes (RCP) that provide secure and separate access into the existing NASCC truck inspection station. The construction contractor must receive all security passes and access directly with NASCC Security. NASCC Public Works will provide the Supervision, Inspection and Overhead (SIOH) required for the construction phase with coordination with City Engineering Services. The SIOH services are standard with all projects on US Navy Installations at 3%. These services and cost were considered in the project development and budget. The project was developed with a Base Bid and Additive Alternative No. 1 described below: Base Bid: Includes the new concrete pavement, RCP pipes, channel improvements, new chain-link security fence and gates, lighting poles and circuits with miscellaneous storm water and other improvements. The channel improvements include excavation, clearing and bank stabilization extending approximately 250 linear feet (LF) from NAS Drive to a new bridge. The scope also includes removal of existing fencing, trees, vegetation and other site preparation. Additive Alternate No. 1: Extends the channel improvements downstream for an additional 1,000 LF to improve drainage and security. This project bid on March 29, 2017, the City received proposals from seven (7) bidders and the bids are as follows: Additive Contractor Base Bid Alternate No. 1 Mako Contracting $1,019,129.44 $90,672.00 Corpus Christi, Texas Alman Utilities and Construction, Inc. $1,146,365.00 $123,890.00 Corpus Christi, Texas Mitchell Enterprises Sherman, Texas $1,187,481.53 $102,096.00 SafeNet Corpus Christi, Texas $1,195,163.47 $129,987.00 DMB Construction Corpus Christi, Texas $1,220,956.45 $184,533.40 J. Carroll Weaver Sinton, Texas $1,285,014.24 $96,304.60 JM Davidson Aransas Pass, Texas $1,463,770.22 $865,171.20 Engineer's Opinion of Probable Cost $1,214,000.00 City Staff is recommending award of the Base Bid plus Additive Alternate No. 1. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Funding is available through the Military Revolving Funds. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2016-2017 Expenditures Budget 1,500,000.00 1,500,000.00 Encumbered / 116,457.00 116,457.00 -Expended Amount This item 1,109,801.00 1,109,801.00 Future Anticipated Expenditures This 179,480.00 179,480.00 Project BALANCE 1 94,262.00 1 94,262.00 Fund(s): Texas Military Preparedness Commission Tax Notes Comments: N/A RECOMMENDATION: City staff reviewed the bid documents and references and recommends the construction contract award to Mako Contracting in the amount of $1,109,801.44 for the Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Certificate of Interested Parties Letter of Recommendation PROJECT BUDGET ESTIMATE NASCC Truck Inspection Staging Area PROJECT FUNDS AVAILABLE: Texas Military Prepardness Commission Tax Notes................................................ $ 1,500,000 TOTAL FUNDS AVAILABLE............................................................................. $ 1,500,000 FUNDS REQUIRED: Construction Fees: Construction (Mako Contracting) THIS ITEM - Base Bid + AA#1.......................... $ 1,109,801 Streets..................................................................................... 1,109,801 Contingency (10%)........................................................................................ 110,980 Construction Inspection and Testinq Fees:............................................................ 50,786 Supervision, Inspection and Overhead (NASCC)............................... 34,000 Construction Inspection Services.................................................... 11,250 Construction Material and Testing Services (Rock)............................. 5,536 DesignFees:................................................................................................... 65,671 Engineering Design (LNV, Inc.) Original........................................... 47,206 Lighting Design (Maldonado Burkett) Original and Amendment No. 1..... 9,465 Geotechnical Testing (Rock)......................................................... 9,000 Reimbursement Fees:....................................................................................... 68,500 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)...... 30,000 Engineering Services (Project Mgt)................................................ 37,500 Misc. (Printing, Advertising, etc.).................................................... 1,000 TOTAL.......................................................................................................... 1,405,738 ESTIMATED PROJECT BUDGET BALANCE....................................................... $ 94,262 N Texas State AquariumQl Corpus Christi rn h` 0 r� �//,�8,• is r PROJECT LOCATIC)N SSC] Ward Island °f r �CIO f LOCATION MAP NOT TO SCAT F Project Number: E16280 Laval Air Station Corpus Christi CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS ww Truck Inspection Staging Area DEPARTMENT OF ENG IN EERING SERVICES 0 Corpus Chr sti Engineering NASCC Truck Inspection Staging Area Council Presentation May 23, 2017 Project Location Corpu*Ch, Engineering N �y Naval Air Station Corpus Christi Truck Inspection Staging Area cs-; /O Fol e.a 5 zoa a z�. 31 ® `ak-a� Project Vicinity Corpu*Ch, Engineering Naval Air Station Corpus Christi." Truck Inspection r ` Area(Existing) South Gate !� (Existing) gee Naval Air Station Corpus Christi FF '" .• ? Truck Inspection Staging Area 3 Project Scope CorpusCs Engineering Provides improved security and safer vehicle movements to enhance NASCC infrastructure and mission with the new Truck Staging Area at the south gate of NASCC that includes: • New concrete pavement staging area and driveways • New bridge with dual 48" RCP over the existing approximate 60' channel • Channel excavation, clearing and stabilization (250LF Base Bid with 1,000LF by Additive Alternative) • New lighting, chain-link security fencing and gates with other miscellaneous. site and other improvements * NASCC will provide construction inspection and oversight with coordination with City Engineering Services Project Schedule A Corpu*Ch, Engineering JJ S O N DJ F M A M I J I J A S 1 O 1 N esig Bid Award Construction Construction Estimate: 180 days CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. Mako Contracting, LLC 2017-190419 Corpus Christi,TX United States Date Filed- 2 Name of governmental entity or state agency that is a party to the contract for which the71 orm is 04110/2017 being filed. NASCC/City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E16280 Construction of Truck Inspection Staging area,sitework,site concrete, Storm sewer system, electrical. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Goodman,Gabriel Corpu,TX United States X 5 Check only if there is NO Interested Party. ❑ 5 AFFIDAVIT ,. I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ° " I" LINDA GAIL ]VIE g• y�T MY COMMISSION EXPIRES MAY 17, 2019 -D��]q(F -! 33 S at of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said n t this the day of 20 to certify which,witness my hand an seal office. y cc 6A Signature of o cer administerin oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 o INFORMAL STAFF REPORT r ■ 1852 MEMORANDUM To: Jeff Edmonds, P.E., Director of Engineering Services From: Jerry Shoemaker, P.E., Senior Program Manager of Engineering Services cf Date: April 19, 2017 Subject: NASCC--TRUCK INSPECTION STAGING AREA The City received proposals from seven (7)bidders at City Hall at 2:00pm on March 29, 2017, see attached bid tabulations. The Engineer's Opinion of Probable Construction Cost (OPCC) for the base bid was $1,214,000, plus $218,592 for Additive Alternative No. 1. Additive Alternative No. 1 increases the ditch clearing approximately 1,000 LF to improve drainage and visibility for security. The approved funding for this project is $1.5M, with $1,270,202 available for construction (includes 10% for contingency), and therefore sufficient funding for award. See attached budget worksheet. The contractor's bids and references were checked and determined that the low bidder has the relevant past experience required. Therefore, staff recommends the construction contract award to Mako Contracting, LLC of Corpus Christi, in the amount of $1,109,801.44 for the NASCC - Truck Inspection Staging Area, Project No. E16280, Base Bid of $1,019,129.44 plus Additive Alternative No. 1 of$90,672.00 for a total award of$1,109,801.44. ,gyus o F " AGENDA MEMORANDUM NORPOPpEFuture Item for the Cit Cil Meeting of M23, 2017 1852 City eeg May Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG(aD.cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kimb2�cctexas.com (361) 826-3169 Supply Agreement for Liquid Aluminum Sulfate for Water Utilities CAPTION: Motion approving a supply agreement with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for liquid aluminum sulfate for water treatment in accordance with RFB 1072, based on lowest responsive, responsible bid, for a total amount of $1,532,180.00 of which $510,727.00 is budgeted in the Water Funds for FY2016-17. PURPOSE: This item is to approve the purchase of liquid aluminum sulfate for water treatment. BACKGROUND AND FINDINGS: Liquid aluminum sulfate is used for water treatment as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The City received three responsive bids, out of 52 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Chemtrade Chemicals US, LLC. ALTERNATIVES: The equipment identified is the optimum choice. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Utilities Department — Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $5,516,252.15 $1 ,021,453.00 $6,537,705.15 Encumbered / Expended Amount $4,382,620.71 $0.00 $4,382,620.71 This item $510,727.00 $1,021 ,453.00 $1,532,180.00 BALANCE $622,904.29 $0.00 622,904.29 Fund(s): Water Comments: The initial contract term total is $1,532,180.00, of which $510,727.00 will be funded in FY2016-17. The total estimated contract value will be $4,596,540.00 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION -1072 Liquid Aluminum Sulfate PURCHASING DIVISION March 27,2017 BUYER:Lydia Juarez Recorded by:Cynthia Perez Supplier Supplier Supplier Brenntag Southwest Chemtrade Geo Specialty Longview,TX Parsippany,NJ Little Rock,AR Unit Extended Unit Extended Unit Extended Item Description Qty. Unit Price Price Price Price Price Price Liquid Aluminum 1 Sulfate Coagulant 13,000 Wet Ton $ 155.000 $2,015,000.00 $117.860 $ 1,532,180.00 $ 224.430 $ 2,917,590.00 TOTAL: $2,015,000.00 $1,532,180.00 $2,917,590.00 S C' CP ©� � v SUPPLY AGREEMENT NO. 1072 yOOOPONA11 1852 Liquid Aluminum Sulfate for Water Treatment THIS Liquid Aluminum Sulfate for Water Treatment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Chemtrade Chemicals US LLC ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Aluminum Sulfate for Water Treatment in response to Request for Bid No. 1072 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Liquid Aluminum Sulfate in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then- current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1,532,180.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Page 1 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/l/16 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utilities Treatment, Water Utility Support Svc Group Phone:(361) 826-1827 Email:DianaG@cc.texas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("C01"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage,or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Page 2 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christ! Page 3 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche Contract Administrator/Funds Administrator 13101 Leopard St., Corpus Christi, Texas 78410 Fax: (361) 826-4488 IF TO SUPPLIER: Chemtrade Chemicals US LLC Attn: Parul Kachhia - Patel Marketing Specialist 90 East Halsey Road, Parsippany, NJ 07054 Fax: (973) 515-4461 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi Page 4 of 7 Supply Agreement Standard Form Approved as to Legal Form 711116 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT►TS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Page 5 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1116 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parries. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law.This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement.This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 6 of 7 Supply Agreement Standard Form Approved as to Legal Form 711116 SUPPLIER C MT AD CA S L Signature: Printed Name: PARUL KACHHIA-PATEL Title: MARKETING SPECIALIST Date: MAY 3, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1072 Exhibit 2: Supplier's Bid Response City of Corpus Christi Page 7 of 7 Supply Agreement Standard Form Approved as to Legal Form 711116 1.1 Attachment A: Scope of Work General Requirements/Background Information It is the intent of this specification to describe liquid aluminum sulfate to be used for as a primary coagulant for water treatment. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The annual requirement for Liquid Aluminum sulfate is 13,000 tons using an Aluminum Sulfate solution based on a solution that contains 8.0 percent as A1203. The quantity required is based on the last years' dosage of 300 pounds liquid per million gallons and treating 27,500,000,000 gallons of water. 1.2 Product Specifications Liquid Aluminum Sulfate must contain water soluble aluminum of not less than 4.23 % nor more than 4.5 % as Al or, not less than 8.0 % nor more than 8.5 % as A1203; contains no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with it; contains total iron, as Fe203 of not more than 0.027%; contains insoluble matter of not more than 0.2%; does not contain Arsenic in excess of 1.00 mg/kg. A. Water treating chemicals must conform to: 1. American National Standards Institute/National (ANSI) Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical - Health Effects, ANSI/NSF 60. 2. American National Standards Institute/American Water Works Association standard for Aluminum Sulfate (Liquid) ANSI/AWWA B403-03. 3. The liquid aluminum sulfate solufion shall be watery clear white to clear in color and shall not have any hue (red, green, yellow, blue, black, or brown). 4. Per AWWA requirements the liquid aluminum sulfate solution shall have a total organic carbon (TOC) content of 30 mg/L or less. 5. The liquid aluminum sulfate solution shall be free from all odors. 6. Any deviation from the following shall be grounds for returning the material to the supplier at their cost. 1.3 Delivery and Weighing Requirements A. Each shipment shall be in approximately 4,000 -gallon tank truck lots. B. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78469-9277. C. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. D. The Supplier must provide a chemical analysis for each chemical shipment, and the chemical analysis must include the A1203 percentage, specific gravity, pH, Fe mg/liter, turbidity NTU and attach a copy of the form for providing the chemical analysis. E. The City will take a sample of each chemical shipment prior to unloading of the chemical. Any chemical shipment that has an odor or a hue (red, green, yellow, blue, black, or brown) will be rejected. Amber green is acceptable. F. If any chemical shipment has a total organic carbon (TOC) content of more than 30 mg/1 or any other contaminants, the Supplier must: remove all chemical from the tank into which the chemical with more than 30mg/1 TOC or any other contaminants was unloaded; clean the tank and properly dispose of all removed chemical; and provide a new chemical shipment at its sole cost. 1.4 Ownership City's ownership of the Liquid Aluminum Sulfate begins, upon completion of unloading of the chemical at the 0. N. Stevens Water Treatment Plant. 1.5 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Billing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Liquid Aluminum Sulfate. The City may reject any chemical shipments containing less than 8.0 percent or more than 8.5 percent as not meeting specifications for A1203. Attachment B: Bid/Pricing Schedule Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. b. Bidder c. Bidder required d. Bidder CITY OF CORPUS BID PURCHASING RFB No. 1072, Liquid MARCH a, 2017 FORM DIVISION Aluminum Authorized Signature: Terms at any regard and and company of CHRISTI Sulfate for Water Treatment PAGE 1 OF 1 �/ 4 .- CHEMTRADE CHEMICALS US LLC to "Instructions to Bidders" and Contract bid. your best price for each Rem. this bid, Bidder certifies that: the prices in this bid have been arrived communication, or agreement with purpose of restricting competition with is an Equal Opportunity Employer; on file with City's purchasing office, pursuant and true. is current with all taxes due govemmental agencies. acknowledges receipt and review PARUL KACHHIA-PATEL MARKETING SPECIALIST and Conditions before independently. without consultation, other Bidder or competitor, for the to prices; the Disclosure of Interest information to the Code of Ordinances, is current is in good standing with all all addenda for this RFB. Item Description .. UNIT QTY Unit Price Total Price 1. Liquid Aluminum Sulfate Coagulant Wet tons 13,000 *$117.86 $1,532,180.)o *FOR CONVERSION PURPOSES ONLY, PRICE EQUATES TO $243.00 PER DRY TON. SAMPLE SENT UNDER SEPARATE ENVELOPE ON MARCH 10TH. ATTACHMENT C: INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: $500,000/$500,000/$500,000 POLLUTION LIABILITY (Including Cleanup and remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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; • Workerscompensation 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, cancellafion, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements City of Corpus Christi - Purchasing Division Liquid Aluminum Sulfate Delivery 03/03/17 sw Risk Management Attachment D: Warranty Warranty requirements are not needed for the Supply Agreement orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties, OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-201668 Date Filed: 05/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CHEMTRADE CHEMICALS US LLC Parsippany, NJ United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF CORPUS CHRISTI 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1072 SUPPLY OF LIQUID ALUMINUM SULFATE 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, o affirm under penalty of pe ury,'that the above di re is true and correct. � t/ i 4'4" Signature of authorized agent of contracting business entity PARUL KACCHIA-PATEL, MARKETING SPECIALIST AFFIX NOTARY STAMP / SEAL ABOVE Swom to and subscribed before me, by the said PARUL KACHHIA-PATEL , this the 3RD day of MAY , 20 17 to certify which, witness my hand and seal of office. Mary FCukor Notary Publio New Jersey Emires 104141 . My CejnmIsslon Sign)27f officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Temple Williamson, Interim Assistant Director of Wastewater Treatment TempleW@cctexas.com (361)826-1805 Kim Baker, Assistant Director of Financial Services, Finance Kimb2@cctexas.com (361) 826-3169 Service Agreement for Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Line for Wastewater Division CAPTION: Motion approving a service agreement with CSI Consolidated, LLC dba Clean Serve, LLC, of Pearland, Texas for closed circuit televised inspection (CCTV) of large diameter wastewater lines in accordance with RFB 1004/194, based on lowest responsive, responsible bid, for a total amount of $536,553.75 of which $134,138.00 is budgeted in the Water Fund for FY2016-17. The term of this agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service agreement will help the Wastewater Division with the CCTV inspection of large diameter wastewater lines. The City received two responsive bids and one no -bid, out of 18 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, CSI Consolidated, LLC dba Clean Serve, LLC. BACKGROUND AND FINDINGS: The Contractor shall provide CCTV inspection and cleaning of large diameter Wastewater lines within the City's right-of-way and on public property. ALTERNATIVES: The equipment identified is the optimum choice. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department — Wastewater FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $6,668,633.62 $402,415.75 $7,071,049.37 Encumbered / Expended Amount $5,356,094.02 $0.00 $5,356,094.02 This item $134,138.00 $402,415.75 $536,553.75 BALANCE $1,178,401.60 $0.00 $1,178,401.60 Fund(s): WASTEWATER FUND Comments: The initial contract term total is $536,553.75, of which $134,138.00 is funded in FY2016- 17. The total estimated contract value will be $2,682,768.75 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 1004/194 CCTV CLEANING & INSPECTION LARGE DIAMETER ITEM DESCRIPTION UNIT QTY Ferguson Corpus Christi, Texas CSI Consolidated,LLC dba Clean Serve, LLC Pearland, Texas Ace Pipe Cleaning, Inc. Fort Worth, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 JOB MOBILIZATION SEWER CLEANING, CCTV EA 6 NO BID $1,700.00 $10,200.00 $14,950.00 $89,700.00 2 JOB MOBILIZATION EMERGENCY EA 1 NO BID $2500.00 $2,500.00 $17,950.00 $17,950.00 3 TRAFFIC CONTROL ARTERIAL STREET DAY 20 NO BID $1,200.00 $24,000.00 $1,600.00 $32,000.00 4 TRAFFIC CONTROL COLLECTOR STREET DAY 10 NO BID $1,500.00 $15,000.00 $1,500.00 $15,000.00 5 TRAFFIC CONTROL LOCAL ACCESS STREET DAY 20 NO BID $1,000.00 $20,000.00 $950.00 $19,000.00 6 TRAFFIC CONTROL TXDOT ROW DAY 5 NO BID $3,500.00 $17,500.00 $1,500.00 $7,500.00 7 TRAFFIC CONTROL CHANGEABLE VARIABLE MESSAGE BOARDS (EA) DAY 40 NO BID $350.00 $14,000.00 $100.00 $4,000.00 8 LIGHT TO MEDIUM CLEANING 18" PIPE SIZE LF 2,500 NO BID $2.15 $5,375.00 $12.00 $30,000.00 9 LIGHT TO MEDIUM CLEANING 20-21" PIPE SIZELF 1,500 NO BID $2.15 $3,225.00 $12.50 $18,750.00 10 LIGHT TO MEDIUM CLEANING 24" PIPE SIZE LF 2,500 NO BID $2.85 $7,125.00 $18.00 $45,000.00 11 LIGHT TO MEDIUM CLEANING 27" PIPE SIZE LF 1,200 NO BID $2.85 $3,420.00 $24.00 $28,800.00 12 LIGHT TO MEDIUM CLEANING 32" PIPE SIZE LF 1,200 NO BID $5.65 $6,780.00 $24.00 $28,800.00 13 LIGHT TO MEDIUM CLEANING 36" PIPE SIZELF 1,500 NO BID $5.65 $8,475.00 $24.00 $36,000.00 14 LIGHT TO MEDIUM CLEANING 42" PIPE SIZE LF 1,200 NO BID $6.40 $7,680.00 $26.00 $31,200.00 15 LIGHT TO MEDIUM CLEANING 48" PIPE SIZE LF 800 NO BID $6.40 $5,120.00 $35.00 $28,000.00 16 LIGHT TO MEDIUM CLEANING 54" PIPE SIZE LF 800 NO BID $9.30 $7,440.00 $40.00 $32,000.00 17 LIGHT TO MEDIUM CLEANING 60" PIPE SIZELF 800 NO BID $9.30 $7,440.00 $40.00 $32,000.00 18 HEAVY CLEANING 18" PIPE SIZE LF 2,500 NO BID $8.10 $20,250.00 $13.20 $33,000.00 19 HEAVY CLEANING 20"-21" PIPE SIZE LF 1,500 NO BID $810 $12,150.00 $13.75 $20,625.00 20 HEAVY CLEANING 24" PIPE SIZELF 2,500 NO BID $12.35 $30,875.00 $19.80 $49,500.00 21 HEAVY CLEANING 27"PIPE SIZE LF 1,200 NO BID $12.35 $14,820.00 $26.40 $31,680.00 22 HEAVY CLEANING 30" PIPE SIZELF 1,200 NO BID $24.70 $29,640.00 $26.40 $31,680.00 23 HEAVY CLEANING 36" PIPE SIZE LF 1,500 NO BID $24.70 $37,050.00 $26.40 $39,600.00 Page 1 of 3 ITEM DESCRIPTION UNIT QTY Ferguson Corpus Christi, Texas CSI Consolidated,LLC dba Clean Serve, LLC Pearland, Texas Ace Pipe Cleaning, Inc. Fort Worth, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 24 HEAVY CLEANING 42" PIPESIZE LF 1,200 NO BID $29.15 $34,980.00 $28.60 $34,320.00 25 HEAVY CLEANING 48" PIPE SIZELF 800 NO BID $29.15 $23,320.00 $38.50 $30,800.00 26 HEAVY CLEANING 54" PIPESIZE LF 800 NO BID $41.70 333,360.00 $44.00 $35,200.00 27 HEAVY CLEANING 60"PIPE SIZE LF 800 NO BID $41.70 $33,360.00 $44.00 $35,200.00 28 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 18" PIPESIZE LF 500 NO BID 38.50 $4,250.00 $24.00 $12,000.00 29 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 20"-21" PIPE SIZE LF 250 NO BID 38.50 $2,125.00 $24.00 $6,000.00 30 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 24" PIPESIZE LF 500 NO BID $10.40 $5,200.00 $24.00 $12,000.00 31 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 27" PIPE SIZE LF 150 NO BID $10.40 $1,560.00 $24.00 $3,600.00 32 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 3D" PIPESIZE LF 150 NO BID $12.75 $1,91250 $35.00 $5,250.00 33 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 36" PIPE SIZELF 250 NO BID $12.75 $3,187.50 $35.00 $8,750.00 34 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 42" PIPESIZE LF 150 NO BID $19.00 $2,850.00 $35.00 $5,250.00 35 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 48» PIPE SIZE LF 75 NO BID $19.00 $1,425.00 $35.00 $2625.00 36 LIGHT TO MEDIUM GROUT REMOVAL CLEANING » PIPE SIZE LF 75 NO BID $25.50 $1,912.50 $40.00 $3,000.00 37 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 NO BID $25.50 $1,91250 $40.00 $3,000.00 38 HEAVY GROUT REMOVAL CLEANING 18" PIPE SIZE LF 500 NO BID $20.95 $10,475.00 $70.00 $35,000.00 39 HEAVY GROUT REMOVAL CLEANING 20"-21"PIPE SIZELF 250 NO BID $20.95 $5,237.50 $70.00 $17,500.00 40 HEAVY GROUT REMOVAL CLEANING 24" PIPE SIZE LF 500 NO BID $24.55 $12275.00 $70.00 $35,000.00 41 HEAVY GROUT REMOVAL CLEANING 27" PIPESIZE LF 150 NO BID $24.55 $3,682.50 $70.00 $10,500.00 42 HEAVY GROUT REMOVAL CLEANING 3D" PIPESIZE LF 150 NO BID $29.70 $4,455.00 $70.00 $10,500.00 Page 2 of 3 ITEM DESCRIPTION UNIT QTY Ferguson Corpus Christi, Texas CSI Consolidated,LLC dba Clean Serve, LLC Pearland, Texas Ace Pipe Cleaning, Inc. Fort Worth, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 43 HEAVY GROUT REMOVAL CLEANING 36" PIPE SIZE LF 250 NO BID $29.70 $7,425.00 $76.00 $19,000.00 44 HEAVY GROUT REMOVAL CLEANING 42" PIPE SIZE LF 150 NO BID $37.55 $5,632.50 $76.00 $11,400.00 45 HEAVY GROUT REMOVAL CLEANING 48» PIPE SIZE LF 75 NO BID $37.55 $2,816.25 $76.00 $5,700.00 46 HEAVY GROUT REMOVAL CLEANING » PIPE SIZE LF 75 NO BID $56.00 $4,200.00 $76.00 $5,700.00 47 HEAVY GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 NO BID $56.00 $4,200.00 $76.00 $5,700.00 48 REVERSE SETUP ALL PIPE SIZES EA 10 NO BID $100.00 $1,000.00 $150.00 $1,500.00 49 ADDER FOR ITEMS 8-47 COST PER (ADDITION) LF 100 NO BID $050 $50.00 $20.00 $2,000.00 50 CCTV 18" PIPE SIZE LF 2,500 NO BID $0.85 $2,125.00 $4.75 $11,875.00 51 CCTV 27"-21"PIPE SIZE LF 1,500 NO BID $0.85 $1,275.00 $4.50 $6,750.00 52 CCTV 24" PIPE SIZE LF 2,500 NO BID $0.90 $2,250.00 $7.00 $17,500.00 53 CCTV 27" PIPESIZE LF 1,200 NO BID $0.90 $1,080.00 $7.00 $8,400.00 54 CCTV 3D" PIPE SIZE LF 1,200 NO BID $1.05 $1,260.00 $7.00 $8,400.00 55 CCTV 36" PIPESIZE LF 1,500 NO BID $1.05 $1,575.00 $7.15 $10,725.00 56 CCTV 42" PIPESIZE LF 1,200 NO BID $1.10 $1,320.00 $9.50 $11,400.00 57 CCTV 48" PIPE SIZE LF 800 NO BID $1.10 $880.00 $9.50 $7,600.00 58 CCTV 54" PIPESIZE LF 800 NO BID $1.20 $960.00 $9.50 $7,600.00 59 CCTV 60" PIPE SIZE LF 800 NO BID $1.20 $960.00 $9.50 $7,600.00 Total NO BID $536,553.75 $1,156,130.00 Page 3 of 3 SERVICE AGREEMENT NO. 1004 CLOSED CIRCUIT TELEVISED (CCTV) CLEANING AND INSPECTION OF LARGE DIAMETER WASTEWATER LINES THIS Closed Circuit Televised (CCTV) Cleaning and Inspection of large Diameter Wastewater Lines Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and CSI Consolidated, LLC dba Clean Serve, LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines in response to Request for Bid/Proposal No. 1004/194 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $536,553.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Temple Williamson Department: Utilities Department Phone: 826-1805 Emai: Templew@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Temple Williamson Title: Interim Assistant Director of Wastewater Treatment Address: 2726 Holly Road, Corpus Christi, Texas 78415 Fax: 361-826-4317 IF TO CONTRACTOR: CSI Consolidated, LLC dba Clean Serve, LLC Attn: David Groce Title: Manager Address: 3808 Knapp Rd. Pearland, TX 77581 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 Fax: 281-485-8820 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Lrr9 Title: Date: -!. ` / 7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1004/194 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1116 Page 8 of 8 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Line within the City's right-of-way and on public property as outlined in this Scope of Work. 1.2 Scope of work A. General 1. The scope of work consists of furnishing all labor, materials, equipment, supervision and performing all work necessary to internally inspect, clean and record the condition of designated wastewater collection system pipelines ranging in diameter from 18" to 60". Work includes, cleaning of the pipeline (from the most upstream reaches of the study area downstream toward the outfall or lift station) using high pressure water jets, use of mechanical cleaning equipment or other means as may be required, removal of remote obstructions, and the transport and disposal of waste materials generated by the cleaning process. It is the intent in this project that NO flow control/bypassing of the system will be performed. All work will be performed with active flow conditions during all phases of the work. City crews will not be available for large duration assistance on any portion of the project. Approved methods for conducting the internal inspection of pipelines include the use or combination of closed circuit television cameras, sonar equipment, or pipeline scanners that are specifically designed for use in and for the inspection of large diameter wastewater collection system pipelines. The City shall not be held responsible for any delays in the work. The Contractor shall work with the City to minimize any delays. All work will be performed in accordance with these specifications with regard to quality, workmanship, hardcopies and electronic deliverables, and schedule. 2. The Utility Department will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. 3. The Utility Department will provide reference ID asset numbers for all manholes and pipelines on the maps. These reference numbers shall be utilized by the Contractor(s) on the video inspection reports. An Excel spreadsheet will be provided to the Contractor that will list upstream and downstream manhole locations, location descriptions, access location (i.e. street/easement), and GIS footage. Additional columns will allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, direction of camera travel, comments, and section complete status. Page 1 of 30 RFB Template 10.10.16 4. It shall be the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing work on any and all City -related projects or jobs (to include, but not necessarily limited to "Confined Space Entry"). 5. The Contractor shall obtain all required municipal and other governmental license and permits. The Contractor shall obtain approval or consent from utilities or carriers, such as a telephone companies or other persons or organizations or authorities upon whose proper performance of work under the contract might affect. The contractor shall request written release from responsibility for the performance of work under the contract if and to the extent such work is preclude by the inability to obtain such approval or consent. For the duration of the contract, the Contractor shall abide by all federal, state, and local laws and regulations. 6. The Contractor shall notify third parties (such as public and private utilities) of their intent to perform work in an area where such parties may have rights to underground property or facilities and request maps or other descriptive information as to the nature and location of such underground facilities or property and assurance of the Contractor's ability to enter upon any public private lands to which assess is required for performance of the work under contract. The Contractor shall obtain written permission for access to private property where easement is inadequate. 7. The Contractor shall review all available information pertinent to the project site, including reports prepared under previously accomplished studies or surveys and any other data relating to the design of the project, including maps, drawings, construction specifics, sewer system records etc., as provided by the City. The Contractor shall request these documents as least five days in advance. 8. The Contractor shall obtain a secure storage area of a size that can adequately accommodate the required equipment, vehicles, and materials for the period of performance of the agreement at the Contractor's expense. 9. The Contractor shall have the ability to communicate with the City at all times. 10.The Contractor shall have a cellular telephone at which the Contractor's superintendent can be reached at any time. The Contractor shall provide daily notification of work locations to the City's designated Project Representative. The Contractor shall also immediately notify the City in the event that a point repair is required or if lodged equipment causes a blockage, spill or an overflow. Page 16 of 59 RFB Template 10.10.16 11. If, during the Contractor's operation in the collection system, evidence of an imminent or potential pipe collapse (such as pieces of pipe, fresh soil, or backfill are noted in the debris removed from the system) or other situations that would result in a public hazard, the Contractor shall immediately halt work on that line segment and contact the City Administrator. 12.The Contractor shall make every reasonable effort to control sewer and other offensive odor in the areas surrounding the work by placing odor blocks and venting or covering opened manholes when required. 13.In the area where brush and other vegetation make access to the sewer mains designated for cleaning and inspecting less than desirable and/or the route to the sewer access point(s) is not via a recorded easement, the Contractor shall provide its own access to sewer access points for the purpose of cleaning and inspection. Contractor will coordinate with property owner/resident to unlock gates or secure livestock and/or pets during field activities. The Contractor shall respect all private and public property owner's rights. Any fence removal and replacement, clearing, mowing, and/or trimming of trees, bushes, grass, plants, etc. for the ingress and regress by the Contractor to a designated project site will be the Contractor's responsibility. 14.AII customer that refusal to allow access, vegetation clearing, or any other work required by the contractor shall be referred to the City Administrator as soon practicable and documented in writing within 48 hours for City action and follow- up. B. Work and Materials Provided by the City The Utility Department will provide the following at no cost to the Contractor: 1. Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers, and/or streets, required to remove the Contractor's equipment caught in the sewer pipe due to sewer defects and not caused by the Contractor's negligence. See Section on "Emergency Pipeline Blockage Plan". Page 2 of 30 RFB Template 10.10.16 6. The Contract administrator will act as liaison between the Utility Department and the Contractor for the duration of the project. 7. A debris dump location to unload materials removed from the sewer pipes during cleaning. This facility is to be used only during the contract time limits and only for sewers located in Corpus Christi that have been authorized to be cleaned in this contract. 1.3 TRAFFIC CONTROL A. The Contractor shall be responsible for and provide sufficient traffic control measures to ensure safe conditions and to minimize inconveniences to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Uniform Traffic Control Devices, which provides a number of typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Traffic Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. B. For work adjacent to, in, or under TxDOT ROW, the Contractor shall obtain all necessary TxDOT permits and strictly adhere to all provisions contained therein. C. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls, including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flag -men and such temporary devices, and the relocation of existing signs and devices as necessary to safely complete the project. D. Temporary traffic controls shall be measured and paid on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The four classifications to be utilized in this project are arterials (assumed to be 30% of work order sites), collectors (assumed to be 11% of work order sites), local access streets (assumed to be 56% of work order sites and TxDOT ROW (assumed to be 3% of work order sites). These percentages are for information purposes only, are not guarantees, and will vary from actual quantities awarded. E. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Page 3 of 30 RFB Template 10.10.16 F. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. Street classifications are defined in and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan found on the City of Corpus Christi's website in the following location: http://www.cctexas.com/Assets/Departments/Development-Services/Files/design- standards/UrbanTransportationPlanMap.pdf G. TxDOT roadways/ROWs are those operated and maintained by TxDOT. A. Water Meter 1. The Contractor will obtain and place a refundable deposit on a City -provided hydrant meter to record water used for cleaning operations. Water will be provided at no cost to the Contractor, provided the Contractor submits monthly use records, as required by the City Administrator. 2. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions in the event that specific areas are not available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges, damage to hydrants, or turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants; it is the Contractor's responsibility to connect to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. B. Existing Utilities 1. The Contractor shall be held responsible for the protection of existing utilities, as well as all damage that may occur as a result of the operations. The Contractor shall be responsible for temporarily relocating utilities for the convenience of the Contractor. In areas where existing utilities are within and adjacent to the established limits of work and could be damaged as a result of the Contractor's operations, the Contractor shall take all necessary precautions to protect such utilities from damage. Furthermore, in the event that damage to other utilities occur, the Contractor shall be fully responsible for the repair of any such damage without additional cost to City or the affected utility owner. 2. It shall be the Contractor's responsibility to determine the exact location of existing utilities that may impact their work. Page 4 of 30 RFB Template 10.10.16 3. Where overhead power lines are in close proximity to the work, the Contractor shall comply with all state and local regulations and laws and contact, if necessary, the appropriate owner, generally AEP or Nueces Electric Cooperative. 1.4 Safety 1. The work contemplated under this project involves activities in and around confined spaces. The Contractor and/or a Contractor -independently -retained employee or safety consultant shall implement a confined space entry program in accordance with OSHA standards to govern the presence and activities associated with working in and around confined spaces. The Contractor shall, as a function of the Health and Safety Plan, implement a confined space entry program. 2. The Contractor shall maintain a copy of the Confined Space Entry Program on-site at all times. The Contractor shall take all necessary actions to ensure that the Contractor's employees and the employees of other contractors have read, understand and follow the plan. All employees to be utilized in confined space entry work must present certificates indicating confined space entry training by an entity certified to teach such training as defined by OSHA. A. Pre -Work Submittals 1. The submittal above shall be provided to the Contract Administrator after the Notice to proceed of the Contract but before commencing with the work. In providing approval of the above submissions, the City assumes no liability for the effectiveness of the plans and/or procedures. In no way does approval by the City relieve the Contractor of any liability under the contract. The required submittals are described in the following sections. 2. Contractor shall submit the following for approval: A. Resident Notification Letter (Sample Letter Included) B. Vehicular and Pedestrian Traffic Control Plan and Procedures a. The Contractor shall prepare and submit a generic traffic control plan that describes the measures that will be taken to control vehicular and pedestrian traffic during the course of the project in areas where normal traffic flow will be disrupted by the Contractor's operations. b. During the course of the cleaning and inspection of the wastewater collection system, it may become necessary or desirable to disrupt the normal flow of vehicular or pedestrian traffic in work area. These disruptions should be minimized and carried out in compliance with the City of Corpus Christi rules and regulations regarding temporary traffic Page 5 of 30 RFB Template 10.10.16 control and/or in compliance with other local entities having jurisdiction over the control and disruption of normal traffic flow. c. The Contractor shall also comply with the Texas Department of Transportation Manual on Uniform Traffic Control Devices and standards for traffic control in work areas. In the case of a conflict between standards, the local codes will govern. d. Any traffic control effort on major streets, arterials, or divided roads shall be submitted to the City Traffic Engineering Department for approval prior to implementing the traffic control plan. The Contractor is responsible for coordination of traffic control measures between local entities including, but not limited to, the City of Corpus Christi. The Contractor shall identify the locations of area where permits are required for work in right-of-ways in this plan. The City Administrator shall provide the right -of way permits, if necessary, identified by the Contractor upon ten (10) days advance notice by the Contractor of the requirement of the permits. The plan should cover all project areas and should have facilities and contingencies to cover all potential traffic related situations. C.Sanitary Sewer Overflow/Spill Response Plan a. The Contractor shall prepare and submit a detailed Sanitary Sewer Overflow/Spill Response Plan that describes, in detail, the measures that the Contractor will implement in the event that the in authorized and untreated wastewater is discharged from the collection system as result of the Contractor's operations. b. The City Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract. The plan shall include the following components as a minimum: • Sewage containment procedures • Emergency notification • Sewage cleanup procedures • Flow Control/Bypass flow control and plan c. The Contractor will be held liable for fines and costs, direct and indirect, associated with sanitary sewer overflow/spills that are caused, directly or indirectly, by its operations. The plan should cover work areas and should have facilities and contingencies to cover all potential sanitary sewer overflow abatement situations. Page 6 of 30 RFB Template 10.10.16 D. Emergency Pipeline Blockage Plan a. The Contractor shall prepare and submit a detailed Emergency Pipeline Blockage Plan that describes, in detail, the measures that the Contractor will implement in the event that the equipment that is being utilized by the Contractor or his agents becomes lodged in the pipeline and is not retrieved by non -intrusive methods. b. The City Administrator shall approve the plan prior to commencing work Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract, at a minimum, the plan shall include the following components: • Sewage containment procedures • Emergency notification plan • Sewage cleanup procedures • Equipment removal c. The Contractor shall be responsible for the removal of equipment using non -intrusive methods. The Contractor will not utilize any intrusive methods other than via existing manholes or structures. In situations where it will be required to open the pipe for intrusive removal of equipment, the Contractor shall contract the City immediately so that the City can coordinate the removal of equipment for the Contractor. d. If the cause of equipment removal is due to Contractor negligence, the City will perform the operation and will in turn charge the Contractor for such work, including material, equipment, labor and overhead for repairs to pipelines, manholes, appurtenances, and surface restoration. e. If the removal is due to sewer defeat that were unforeseen or not avoidable (as determined by the City), then the City will provide at no cost to the Contractor. f. The Contractor will be held liable for fines, costs, direct, and indirect, associated with sanitary sewer overflow/spill and/or sewer blockages that are caused, directly or indirectly, by its operation. g. The plan should cover all project areas and should have facilities and contingencies to cover all potential pipe blockage and overflow situations. E. Health and Safety Plan (Including a Confined Space Entry Plan) Page 6 of 30 RFB Template 10.10.16 a. The Contractor shall submit a Health and Safety Plan in accordance with Occupational Safety and Health Administration (OSHA) Standards 29 CFR 1910 and 1926 to the City Administrator at or prior to the project kickoff meeting. The Health and Safety Plan will be submitted and reviewed prior to the start of work. b. The Health and Safety Plan shall clearly state the hazardous substances that may be encountered during the course of the Project and the protective safety procedures and equipment requirements for all tasks to be performed. Additional health and safety documents required are • A written Hazard Communication and written Confined Space Entry Program in accordance with City and OSHA standards. • Safety Data Sheet File • Operation guides and manuals for all equipment to be utilized on the project. • OSHA forms 200 and 101 c. The Contractor shall post all documentation as required by OSHA and the City and the Contractor shall require all on-site employees and subcontractors to read, sign and follow the Health and Safety Plan. A signed copy of the Health and Safety Plan shall be kept at the work site at all times. All Contractor employees and subcontractors shall be properly trained in accordance with applicable standards and regulations. The City shall not be responsible for any hazardous materials uncovered or revealed at any site where work is being performed during this project. d. The Contractor shall immediately notify the City Administrator of any suspected hazardous materials before or during the performance of work and shall take all necessary precautions to avoid the further spread or contamination of the environment by the materials. F. Sewage Backup/Building Remediation Services G. Quality Control and Assurance Plan H. Sewage Backup/Building Remediation Services 1.5 Pipe Cleaning Technical Provisions 1. General The work covered by these specifications consists of furnishing all equipment, materials, labor, supervision, and incidental items necessary to perform the cleaning Page 7 of 30 RFB Template 10.10.16 of the sanitary sewer collection system. Equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1.500 linear feet or greater. 2. Cleaning Requirements The City of Corpus Christi Utility Department Pre -Treatment Division must inspect all equipment used by the Contractor to clean sewer lines or capture and transport debris and material removed from the sewer collection system. Contact Contract Administrator to schedule the inspection. All cleaning equipment and hauling vehicles used on this project must also be registered with the TCEQ, and proof of this registration must be provided to the City prior to any work being performed under the contract. 3. Equipment Requirements a. High -Velocity Jet (hydro Cleaning) Equipment i. All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The Contractor shall have a selection of two or more high -velocity nozzle. ii. The nozzles shall be capable of producing a scouring action from 10 to 60 degree in all size lines designed to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. b. Hydraulically Propelled Equipment i. The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against the flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure grease removal. ii. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent the flooding of the sewers and public or private property shall be taken by the Contractor. Damages or claims resulting from backups and flooding shall be the responsibility of the Contractor. c. Mechanically Powered Equipment i. Bucket and/or winch machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt -operated or have an overload device. Machines with a direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional or a continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. Page 8 of 30 RFB Template 10.10.16 d. Jet Vac (Vactor) Cleaning Equipment i. Vactor cleaning equipment as necessary to remove debris during cleaning operation. 4. Execution a. General Sewer Line Cleaning i. Sewer line cleaning shall be performed with hydraulically propelled high - velocity jets, and/or mechanical power equipment. Equipment shall be based on field conditions, such as access to manhole, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be capable of cleaning spans of sewer main at a minimum of up to 1,500 linear feet without the need for a reverse set-up unless authorized by the City Administrator. ii. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand and other materials and obstructions from the sewer lines. The Contractor shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The method of cleaning for each segment shall be based on site conditions and shall be approved by the Engineer. iii. Cleaning shall start from the upstream reaches of the study area or neighborhood and progress downstream. b. Pre -Cleaning Exploratory Investigation i. Prior to commencing work on a line segment, the Contractor shall deploy an exploratory CCTV through the pipeline to determine approximate average debris levels and/or grout levels to determine payment under "Light to Medium Cleaning", "Heavy Cleaning". "Light to Medium Grout Cleaning", and Heavy Grout Cleaning" for payment classification purposes. For pipe sections with normal wastewater debris, levels may be ascertained by debris levels at in-line manholes, with the concurrence of the Engineer. c. Root Removal i. Roots shall be removed within the cleaning limits and shall be considered part of sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal SHALL NOT be used on this project. d. Grease Removal ii. Grease shall be removed within the cleaning limits and shall be considered part of sewer cleaning procedures. Special attention should be given Page 9 of 30 RFB Template 10.10.16 during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment, such as rodding machines, bucket machine and winches using root cutters and porcupines, as well as equipment such as high -velocity jet cleaners and hot water. Chemicals means of grease removal using an EPA - approved chemical degreaser HALL NOT be used on this project without prior authorization from the Contract Administrator. e. Manhole Cleaning Walls shall be washed using high pressure jet capable of 1,500 psi. Debris from the vault or manhole shall be vacuumed and disposed of in same manner as debris removed from the sewer main cleaning. f. Debris Removal i. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood WWTP, location at 1541 Saratoga Boulevard, Corpus Christi, Texas 78415, unless otherwise directed by the City Administrator. The Contractor shall coordinate dumping with the City Utility Department at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. Debris removal shall be included in the price bid for the various pipe line cleaning items. g. ii. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge waste in the State of Texas and the City of Corpus Christi. Cleaning and Inspection Notification i. The success of the Corpus Christi Utility Department Sewer Cleaning and Inspection Program is dependent upon close coordination of the City and Contractor activities affecting the City of Corpus Christi Utility Department customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning and television inspection activities. All procedures must be followed: Page 10 of 30 RFB Template 10.10.16 ii. A notice ("flyer") shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The Notification flyer will inform the occupants of the purpose of the work, the possible events that may occur, and the telephone numbers to call if questions or problems arise. The master flyer for Notification will be provided to the Contractor for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. iii. The Contractor shall, on a daily basis, document all distribution of flyers. Documentation at a minimum shall include maps that show the areas that were notified, as well as the date and name of the person completing the notification. The Contractor shall provide this information to the Engineer and the City on a daily basis. The Contractor shall schedule work to be completed within five (5) working days from the day that the notices are distributed. If the work is unable to be completed in the notified area before the end of five working days, the area will be re -notified. h. Cleaning Precautions i. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (that depend upon water pressure to provide their cleaning force) or tools that retard the flow in the sewer line are used, precaution shall be taken by the Contractor to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. ii. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessary. No fire hydrants shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the City. The Contractor shall use a double backflow prevention device mounted on the fire hydrant in cases where the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. iii. The Contractor shall be responsible for any damages caused by its actions during this project. The Contractor will comply with all City of Corpus Christi Utility Department requirements. i. Remediation of Backup into Buildings i. Backups into buildings that occur during cleaning, inspecting, or plugging, require immediate remediation using the services of a local firm specializing in cleaning and disinfecting residences and business. Page 1 1 of 30 RFB Template 10.10.16 ii. Upon discovery that a backup has occurred, the Contractor will immediately notify the Contract Administrator who will investigate the incident. The Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. iii. The cleaning service firm shall be at the customer site within three hours of notification of backup occurrence, or otherwise schedule by customer. All communication will be through the Contract Administrator. iv. Documentation of the remediation services provided shall be given to the Contract Administrator. In the event that the customer refuses the remediation services, the Contractor shall provide a business card and contact name to enable the customer to schedule shall be documented by the Contractor and provide to Utility Department Representative. CCTV Requirements 1. General a. Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up televising, video file labeling and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City in the performance of work described in this specification. b. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for back-ups and surcharges, while flow control devices are in place. 2. Inspection Equipment and Methods a. Electronic inspections software that is NASSCO PACP (version 6.0 or greater) compliant shall be used to record the condition of each pipe segment inspected. The minimum header information required for each inspection is presented in Header Field Checklist herein. b. Video inspection is to be performed in the field by a NASSCO Pipeline Assessment and Certification Program (PACP) certified operator. The operator name and NASSCO certification number is required on each inspection. Page 12 of 30 RFB Template 10.10.16 c. The Contractor will perform closed circuit video inspections of the sewers using current state-of-the-art technology and trained employees. CCTV camera will use high-resolution color with an adjustable iris focus. d. The CCTV camera will have pan -and -tilt capabilities that allow up close and right-angled inspections of defected and other significant observations. The video camera will be equipped with a minimum of 1000 feet of video cable. Lighting on video camera will be suitable to allow proper illumination and clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high quality video image. e. The capture system shall have the capability of recording, digitizing, and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to City Administrator), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed. In every case, all observations will be recorded in the field by currently certified PACP operators using PACP codes and protocols. Post inspection coding in an office will not be accepted. f. Footage distance measured by the video system will be accurate within 1% and will be used to determine footage for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference point used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute to ensure that the sewer line can be thoroughly examined by the City while reviewing video. g. During the transit, the display must show the continued distance from the insertion manhole with an accuracy of +/- 1% of the actual length to help mark observations on the report form. The video must display all notable PACP observations/codes. h. The Inspection Report shall consist of conditions observations recorded using computer software generated formats conforming to NASSCO PACP version 6.0 or greater. Items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, Page 13 of 30 RFB Template 10.10.16 broken, properly/improperly installed service taps; debris, roots or other impediments to flow; and any other conditions that may either prevent the proper completion of the inspection or affect any proposed rehabilitation process. The camera should be panned and tilted at each (if any) observed service connection. Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with Pipeline Assessment and Certification Program (PACP)'s CCTV inspection form header instructions and shall be as follows: Header Field Checklist Field # Header Field Mandatory Required for this Project 1 Surveyed By X 1 a Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 P/O Number 7 Pipe Segment Ref. (PSR) X 8 Date X 9 Time 10 Street X 10a City X 11 Location Details 12 Upstream MH No. X 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X Page 14 of 30 RFB Template 10.10.16 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label 34 Purpose 35 Sewer Category 36 Pre -Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 W/O # X 41 Project X 42 Pressure Value 3. Flow Control a. The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the advance of the television camera to allow for the highest quality picture, along with a 360 -degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360 -degree view of the pipe being televised. An excessively high water level, condensation resulting in a blurred lens, or a submerged camera may be ground for rejection of the inspection. b. All sewer flow from intersecting lines, which cannot be drawn down with hydraulic jet nozzle, shall typically be controlled through the use of in-line plugs and/or vacuum trucks, and to the inspection for all lines sizes up to 60" inches in diameter. Plugs in interesting lines shall be installed by the Contractor. The Contractor shall also monitor the upstream system for back-ups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all sanitary sewer overflows to the City Administrator and City Call Center at (361) 826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer recommendations, including, but not necessary limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, Page 15 of 30 RFB Template 10.10.16 use of flow control devices per manufacturer recommendation, traffic controls, and hazards associated with working in wastewater collection systems. c. No bypass pumping is anticipated under this scope of work. 4. CCTV Reverse Set -Up A CCTV reserve set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. 5. Easement Access The Contractor will be responsible for providing equipment, including, but not limited to portable CCTV equipment, vehicles capable of transporting TV equipment and accessing remote easements, and adequate cleaning equipment to perform the cleaning and inspection of lines located within easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. 6. Work Hours Normal working hours shall be considered 8 AM to 5 PM, Monday - Friday for the duration of the project. When authorized/required by the City Administrator, the Contractor may perform inspection to be done during low flow periods, to minimize impacts on traffic safety, or for other reasons determined by the City. 7. Confined Space Entry When necessary to complete cleaning and inspection activates (including, but not limited to plugging, flow control, etc.), the Contractor may enter manholes. All pertinent OSHA regulations will be followed, and the Contractor will provide copies of confined spaces entry permits, if requested. 8. Deliverable a. Television Inspection Logs Electronic media inspection logs/record shall be kept by the Contractor and will clearly show the location, by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as locations of service connections, unusual conditions, roots, storm sewer connections, unusual conditions, roots, storm sewer connections, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be Page 16 of 30 RFB Template 10.10.16 recorded on electronic media, and a copy of such records will be taken by the Contractor. Photographs shall be located by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole. b. Electronic Media Recordings i. The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by the Owner. Each original electronic media recording of conditions and defeats will be delivered to the City at least monthly, which summarizes the lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. ii. The Contractor is required to provide NASSCO PACP compliant computer software -generated Inspection Report products to the Owner, as a result of each work order issued. Acceptable submission become the property of the City. The electronic recordings will have ready -only software that will facilitate the viewing and printing of additional copies of the inspection report and the digital photographs. The CD, DVD -ROM, or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Utility Department within ten (10) calendar days of the last day of the performance period. c. Quality Control i. Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lens, and blurry or hazy pictures that are determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. d. Upon Completion of the Project i. Submission of one properly labeled flash drive, hard drive, or DVD (as appropriate for the size of the project) will be required, along with one hard copy report. The media will be properly labeled to identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: Project Name RFB Template 10.10.16 Page 17 of 30 • Work Order • Contractor Name, Address, Contact Number • Date ii. All required reports, databases, photographs, and video are to be from City approved, software -generated formats. Hard copy reports will be printed single -side on 8'/2 " x 1 1 " paper, in color, to improve the definition of problem areas, and delivered with the media. iii. The final project submittal must be reconciled with the monthly billing with regards to quantities of work completed or any exceptions noted. iv. One report is required for each project (which may consist of an entire main line) The Contractor's supposed software must be approved before the first Work Order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval 9. Measurement and Payment A. Measurement 1. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. Page 18 of 30 RFB Template 10.10.16 Hard Copy On Media 1. Project Summary Report (pdf or approved equal) ✓ ✓ 2. CCTV Defect Listing Log (pdf or approved equal) ✓ ✓ 3. Condition Code Summary (pdf or approved equal) ✓ ✓ 4. Cleaning Log (pdf or approved equal) ✓ ✓ 5. NASSCO PACP compliant Access Database ✓ 6. Video Files (mpeg, wmv or approved equal) ✓ 7. Defect photographs (jpeg or approved equal) ✓ 8. Cleaning Log Summary (xls or approved equal) ✓ iv. One report is required for each project (which may consist of an entire main line) The Contractor's supposed software must be approved before the first Work Order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval 9. Measurement and Payment A. Measurement 1. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. Page 18 of 30 RFB Template 10.10.16 2. The City does not expressly or implicitly agree that the actual amount of the work to be done in the performance of the contract will correspond with the quantities in the Bid Proposal Sheet. The amount of work to be done may be more or less that said quantities and may be increased or decreased by the City as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the competition of the work, except as provided in the contract documents. B. Payments 1. Payments to the Contractor shall be made on the basis of the prices in the contract and shall constitute full and complete payment for furnishing all materials, labor, tools and equipment, for providing all reports and data deliverables and for performing all operations necessary to complete the work included in the work orders. Such compensation shall also include payments for any loss or damages arising, directly or indirectly, from the work or from any discrepancies between the actual quantities of work and those shown in the work orders. Unless otherwise noted in contract, the prices include all costs and expenses for mobilization, including, but not limited to: taxes, labor, licenses, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, and the maintenance of traffic, along with any and all other costs and expenses for performing and completing the work, as described in the delivery order and specified herein. 2. The basis of payment for an item at the price shown in the contract shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the work orders. 3. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety, including the necessary reporting and documentation. C. Payment Items a. Mobilization Page 19 of 30 RFB Template 10.10.16 1. Item No. 1 Sewer Cleaning, CCTV Job Mobilization This price shall be per each mobilization for each sewer cleaning/inspection work order unless work crews are onsite and given continuous, consecutive work orders. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including, but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site; sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre -construction expense necessary for the start of the work; permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre -construction documentation, traffic control devices, work associated with the Contractor support during reviews and inspection, re -inspection and storage, and final site clean-up. 2. Item No. 2 Emergency Job Mobilization a. This lump sum item shall be for mobilization within 4 hours of notification and authorization from the City. b. Payment for emergency mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the emergency project, including, but not limited to: multiple operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre -construction expense necessary for the start of the work; permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre -construction documentation, erosion control, traffic control devices, temporary traffic control plans, work associated with the Contractor support during reviews and inspection, re- inspection and storage, and final site clean-up. D. Traffic Control Page 20 of 30 RFB Template 10.10.16 a. Item No. 3 Arterial Streets Traffic Control for (Five Lanes or Greater) This lump sum price is per day for traffic control devices for arterial streets for each work order. b. Item No. 4 Collector Streets Traffic Control for (Three or Four Lanes) This lump sum price is per day for traffic control devices for collector streets for each work order c. Item No. 5 Residential Streets Traffic Control for (Two Lanes) This lump sum price is per day for traffic control devices for residential streets for each work order. d. Item No. 6 TxDOT ROW for Traffic Control e. This price is per day for traffic control devices for work adjacent to, in, or under TxDOT ROW for each work order. f. Item No. 7 Changeable Variable Message Boards Price and payment per day will be full compensation for furnishing, installing, operating, relocating, maintaining and removing changeable message signs. E. Line Cleaning a. Item Nos. 8 - 17 Line Cleaning, Light to Medium Cleaning 1. Light to medium cleaning is for pipes with 0% to 20% (inches of debris/diameter of pipe xl 00) debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. 4. Payment will be paid at the unit price per linear foot for the gravity main size. b. Item Nos. 18 - 27 Line Cleaning, Heavy Cleaning 1. Heavy cleaning is for pipes with 20% or greater (inches of debris/diameter of pipe x 100) debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. Page 21 of 30 RFB Template 10.10.16 4. Payment will be paid at the unit price per linear foot for the gravity main size. c. Item Nos. 28 - 37 Line Cleaning, Grout Removal, Light to Medium Cleaning 1. Grout that is present in the line due to faulty previous liner installation. For pipes with 20% or less (inches of grout/diameter of pipe x 100) grout debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. 4. Payment will be paid at the unit price per linear foot for the gravity main size. d. Item Nos. 38 - 47 Line Cleaning, Grout Removal, Heavy Cleaning 1. Grout that is present in line due to faulty previous liner installation. For pipes with greater than 20% (inches of grout/diameter of pipe x 100) grout debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. 4. Payment will be paid at the unit price per linear foot for the gravity main size. e. Item No. 48 Reverse Set -Up 1. Reverse CCTV Set -Up shall only be measured and paid if an obstruction is encountered during the initial set-up that could not be removed, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (1500 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. f. Item No. 49 Add For Items 8 - 47 1. Price per Linear Foot (additional) For Approved Scheduled After - Hours Work and/or emergency call outs, All Pipe Sizes. F. CCTV Inspection a. Item Nos. 50 - 59 CCTV Inspection 1. Measurement shall be based on the linear feet of sewer main televised. Page 22 of 30 RFB Template 10.10.16 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re -televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. The unit price shall provide full compensation for all work required, including, but not limited to: mobilization, furnishing all labor, equipment and materials, for cleaning, flow isolation, TV inspection, and all incidentals related to sewer mains inspection. Page 23 of 30 RFB Template 10.10.16 Dat _ 7/27/2016 I Docume Path: X Projects\Was -Water\Large Diameter Sewer Gleaning\T aenlAnm-s )XC.Ieanetlmxd 11 I CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED: ALLISON TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 4.73 Miles - 20 in: 2.16Miles X21 in: 0.05 Miles - 24 in: 2.62Miles - 26 in: 0.05 Miles X27 in: 1.89 Miles 30 in: 0.40 Miles X36 in: 9.71 Miles - 42 in: 0.00 Miles - 48 in: 0.01 Miles - 54 in: 0.00 Miles - 60 in: 0.00Miles I CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED: BROADWAY TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 2.06 Miles - 20 in: 0.01 Miles X21 in: 1.49 Miles - 24 in: 4.69 Miles - 26 in: 0.00 Miles X27 in: 1.20 Miles 30 in: 0.30 Miles X36 in: 2.40 Miles - 42 in: 0.40 Miles - 48 in: 0.47 Miles 1 54 in: 0.00 Miles - 60 in: 0.00 Miles \OW Date: 7/27/2016ie h: X:Wrolects\ .steWater\Large Diameter Sewer Gleaning\TreahnentAreas_26Cleanednlxd CORPUS CHRISTI LARGEDIAMETER SANITARY SEWER MAINS TO BE CLEANED N Ga,pw� G/r.sieri Bal Wastewater Gravity Mains PIPESIZE - 18 in: 24.34 Miles - 20 in: 4.23 Miles - 21 in: 4.80 Miles - 24 in: 20.39 Miles - 26 in: 0.05 Miles 27 in: 5.77 Miles 30 in: 7.07 Miles 36 in: 9.71 Miles - 42 in: 4.69 Miles - 48 in: 1.69 Mlles - 54 in: 1.09 Mlles - 60 in: 1.42 Mlles Date -7/272016 Document Path_ X Pmjects6WasteWater\Large Diameter Sewer Cleaning)CiryWtleM ap2mztl J CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO,BE CLEANED: GREENWOOD TREATMENT1AREA Wastewater Gravity Mains PIPESIZE - 18 in: 3.51 Miles - 20 in: 1.98 Miles X21 in: 0.61 Miles - 24 in: 1.92 Miles - 26 in: 0.00 Miles X27 in: 0.10 Miles 30 in: 0.30 Miles X36 in: 0.53 Miles X42 in: 1.67 Miles - 48 in: 1.17 Miles - 54 in: 1.09 Miles - 60 in: 1.41 Miles Document • ath: X Vrojects\Was t:•!ater\Large Dia4t85 S Date 7/27/20OM _2k1, ned mxd 1 \ / / `(/J 7� CORPUS CHRISTI LARGEEDIAMETER .,SANITA'1RY SEWER>MAINS TO' BE CLEANED: „� VWI 1I V.I 11L/'11 IVILIV 1 P1r\L t Yry4r1 Wastewater Gravity Mains PIPESIZE - 18 in: 3.08 Miles - 20 in: 0.00 Miles X21 in: 0.11 Miles - 24 in: 0.26 Miles - 26 in: 0.00 Miles X27 in: 0.00 Miles 30 in: 0.00 Miles X36 in: 0.00 Miles - 42 in: 0.00 Miles - 48 in: 0.02 Miles - 54 in: 0.00 Miles - 60 in: 0.00 Miles Date: 7/27/201609 Document Path: X Prgects\WasteWater\Large Diameter Sewer Cleaning\TreatmentAreas_2BCleaned mxd C' RPUS CHRISTI LARGE DIAMETER °a SANITARY SEWER MAINS TO BE CLEANED: OSO TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 10.21 Miles X20 in: 0.07 Miles X21 in: 2.20 Miles X24 in: 10.89 Miles X26 in: 0.00 Miles X27 in: 0.60 Miles 30 in: 0.53 Miles X36 in: 5.65 Miles - 42 in: 2.61 Miles - 48 in: 0.01 Miles - 54 in: 0.00 Miles - 60 in: 0.00 Miles Date 7/27/2018 Document Path X.'‘Prot s7NasteWaaLarge Diameter Sewer Cleaning \ TreatmentAreas_2DCleaned mxel CORPUS CHRISTI LARGE DIAMETER y, SANITARY SEWER MAINS TO BE CLEANED: WHITECAP TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 0.77 Miles - 20 in: 0.00 Miles X21 in: 0.34 Miles - 24 in: 0.00 Miles .-26 in: 0.00 Miles 27 in: 0.00 Miles 30 in: 0.72 Miles •36 in: 0.71 Miles 42 in: 0.00 Miles 48 in: 0.01 Miles -54 in: 0.00 Miles - 60 in: 0.00 Miles Date: 7/27/2016ie • Document Path: X vrgectslWasteWaterlLarge Diameter Sewer Gleaning \TreahnentAreas_26Cleaned mxd Attachment B: Bid/Pricing Schedule ° oQ,gusc "J CITY "� �q /- 670'/7 OF CORPUS BID FORM PURCHASING DIVISION RFB No.194 Closed Circuit Inspection of Large Authorized Signature: CHRISTII Televised Terms at independently, other to the to the company of all addenda noted and Bidder. (CCTV) Cleaning and Diameter Wastewater Line PAGE 1 OF 2 Aft_ r QA.•, iIii `o°° Date: Bidder: 1. Refer completing 2. 3. In a.'the b.' c.' d./Bidder e."The 185522 Quote submitting communication, purpose Bidder on and Bidder required actual the 65.reto./Se%ijej [lec.Plq C/ecwServe LLL to "Instructions to Bidders" and Contract bid. your best price for each item. this bid, Bidder certifies that: prices in this bid have been arrived or agreement with any of restricting competition with regard is an Equal Opportunity Employer; and file with City's purchasing office, pursuant true. is current with all taxes due and governmental agencies. acknowledges receipt and review estimated quantities of services are as quantities may vary, the descriptions basis of the unit prices submitted by the and Conditions before without consultation, Bidder or competitor, for the prices; Disclosure of Interest information Code of Ordinances, is current is in good standing with all for this RFB. on the Bid Sheet herein. Although estimated quantities are to form Item Description UNIT QTY Unit Price Total Price JOB MOBILIZATION SEWER CLEANING, CCTV EA 6 /I 7©t ?0° /0 oZ40. °° 2 JOB MOBILIZATION EMERGENCY EA 1 4s--00, OG as-dp 6,,, 3 TRAFFIC CONTROL ARTERIAL STREET DAY 20 r Q00.00 e2 000.00 4 TRAFFIC CONTROL COLLECTOR STREET DAY 10 0-c").p© /S; c)&v. "o 5 TRAFFIC CONTROL LOCAL STREET DAY 20/,.,,,,,,,, © da a0 000. °e'ACCESS Item Description UNIT QTY Unit Price Total Price 6 TRAFFIC CONTROL TXDOT ROW DAY 5 _,S 30, a' j 75-00 oa 7 TRAFFIC CONTROL CHANGEABLE VARIABLE MESSAGE BOARDS (EA) DAY 40 5-c7,°" / 1 avv, pD 8 LIGHT TO MEDIUM CLEANING 18" PIPE SIZE LF 2,500 ,x.15" _5` 737'00 9 LIGHT TO MEDIUM CLEANING 20-21" PIPE SIZE LF 1,500 c2. is' 3, szazr-en) 10 LIGHT TO MEDIUM CLEANING 24" PIPE SIZE LF 2,500 o'. frs' 7, 11 LIGHT TO MEDIUM CLEANING 27" PIPE SIZE LF 1,200ks- 3 •°yc„Z p +'� ' 12 LIGHT TO MEDIUM CLEANING 30" PIPE SIZE LF 1,200 s -4s- � 7$" 0° 13 LIGHT TO MEDIUM CLEANING 36" PIPE SIZE LF 1,500 s-65- V /S''pw 14 LIGHT TO MEDIUM CLEANING 42" PIPE SIZE LF 1,200 / .4,0 76 Sec: o° 15 LIGHT TO MEDIUM CLEANING 48" PIPE SIZE LF 800 6. 40 5"t°20. a" 16 LIGHT TO MEDIUM CLEANING 54" PIPE SIZE LF 800 ' 30 % o " 17 LIGHT TO MEDIUM CLEANING 60" PIPE SIZE LF 800 ' ' JC) 7 4* 0O 18 HEAVY CLEANING 18" PIPE SIZE LF 2,500 d''/d ag.2 Si,: as 19 HEAVY CLEANING 20"-21" PIPE SIZE LF 1,500 frig, Jai/S-0" 20 HEAVY CLEANING 24" PIPE SIZE LF 2,500 /a, 3,$"' „y q ii 7c a'" 21 HEAVY CLEANING 27" PIPE SIZE LF 1,200 /2 35 'a0. 22 HEAVY CLEANING 30" PIPE SIZE IF 1,200 .41/. 70 a 9, 490. °b 23 HEAVY CLEANING 36" PIPE SIZE LF 1,500 dir, 7" 3 as''. 4' 24 HEAVY CLEANING 42" PIPE SIZE LF 1,200 04 q. is- .3i `Q`S/' `?D 25 HEAVY CLEANING 48" PIPE SIZE IF 800 A q. /S' 023, -j,2" -`D° 26 HEAVY CLEANING 54" PIPE SIZE LF 800 ii io 33, 36 0. v" 27 HEAVY CLEANING 60" PIPE SIZE LF 800 1/ 70 33, 36O7 `?'" 28 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 18" PIPE SIZE LF 500 f: 5-'0 VP- oa Item Description UNIT QTY Unit Price Total Price 29 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 20"-21" PIPE SIZE LF 250 rSO 0211 S--vn 30 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 24" PIPE SIZE IF 500 /alto 3.,-az00: " r 31 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 27" PIPE SIZE LF 150 10.40 5-60. " 32 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 30" PIPE SIZE LF 150 42, z / %/ ro 33 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 36" PIPE SIZE IF 250 /a. 73` 3, /75O 34 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 42" PIPE SIZE LF 150 /4. do t,,3 D cp., "`� 35 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 48" PIPE SIZE LF 75 j 900 0.257" 36 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 54" PIPE SIZE LF 75 45":,5-0 / 97.2.5-0 37 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 0257 S c, j 9j.? Co 38 HEAVY GROUT REMOVAL CLEANING 18" PIPE SIZE IF 500 „?o. 93 /0/ it 75: ve 39 HEAVY GROUT REMOVAL CLEANING 20" - 21" PIPE SIZE LF 250 an. w 5;:z 37 co 40 HEAVY GROUT REMOVAL CLEANING 24" PIPE SIZE IF 500 .Z-�, S"s-' 61, .us-: epeo 41 HEAVY GROUT REMOVAL CLEANING 27" PIPE SIZE LF 150 ,2171, 5 S- 344(.2 50 ' 42 HEAVY GROUT REMOVAL CLEANING 30" PIPE SIZE LF 150 acj 70 4 y5-S- or, 43 HEAVY GROUT REMOVAL CLEANING 36" PIPE SIZE LF 250 9. 7o 7 .-00 i 44 HEAVY GROUT REMOVAL CLEANING 42" PIPE SIZE LF 150 37s--3- 3--- 3a. Sv 45 HEAVY GROUT REMOVAL CLEANING 48" PIPE SIZE LF 75 3 7 5;5" L 4,-/..2.5--- 46 HEAVY GROUT REMOVAL CLEANING 54" PIPE SIZE IF 75 5(,. 00 474, cu 47 HEAVY GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 5.6. 0a ''�df7 0� 48 REVERSE SETUP ALL PIPE SIZES EA 10 /00. v0 'Opp 00 49 ADDER FOR ITEMS 8-47 COST PER (ADDITION) LF 100 , 5-0 3--0, 0® 50 CCTV 18" PIPE SIZE LF 2,500 - i'$ oZ /as' Item Description UNIT QTY Unit Price Total Price 51 CCTV 20" - 21" PIPE SIZE IF 1,500 i eS_ o? 75700 52 CCTV 24" PIPE SIZE LF 2,500 90 02,02.311, oQ 53 CCTV 27" PIPE SIZE LF 1,200 qv 54 CCTV 30" PIPE SIZE LF 1,200 1.65' ria 55 CCTV 36" PIPE SIZE LF 1,500 I. Os— /,S'7s— av 56 CCTV 42" PIPE SIZE LF 1,200 /.rc� 57 CCTV 48" PIPE SIZE LF 800 /./0 58 CCTV 54" PIPE SIZE LF 800 /. as 60.`""` 59 CCTV 60" PIPE SIZE LF 800 /. a d Total 5:54,53. Attachment C: Insurance/Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 POLLUTION $1,000,000.00 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 RFB Template 10.10.16 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insured by endorsement with regard to operations, completed 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Page 2 of 3 RFB Template 10.10.16 Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Wastewater Wastewater Line Cleaning and Inspection 5/26/16 my Risk Management Page 3 of 3 RFB Template 10.10.16 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; section 5.(B) is null for this service agreement. Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; section 8. Warranty is null for this service agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-192193 Date Filed: 04/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CSI Consolidated, LLC dba Clean Serve, LLC Pearland, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 1004 Closed Circuit Televised (CCTV) Cleaning and Inspection of large Diameter Wastewater Lines 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary CSI Consolidated, LLC Phoenix, AZ United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. L dx3l OZ U t .WWO N /���� sandx3 uaisslwwo0l{w ��-- Z I J09 VNYHS �'/d. AtlY. Si n t re of authorized agent of contracting business entity , this the 13th day of April , AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said Kent Ford 20 17 , to certify which, witness my hand and seal of office. Shana Gomez Notary Public �� i ��� � :� ,�L..� Signature of officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission vuww rthics.statp.tx. tic Varrinn iii fl PQ' AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Approving an Extension to the Agreement with Valero Refining — Texas, L.P. for recycled water CAPTION: Motion authorizing the City Manager or designee to execute a Sixty-day Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining — Texas, L.P. (Valero) for 4 million gallons per day (mgd). PURPOSE: To obtain Council's review and approval; for the Sixty-day Extension to the Agreement for Exclusive Reservation of recycled water with Valero Refining. BACKGROUND AND FINDINGS: In 2013, Valero expressed an interest in exploring the possibility of receiving and using the City's recycled water for cooling tower and other industrial use applications at both of its local Refineries doing business as the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. On December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P., entered into an Agreement for Exclusive Reservation of Recycled Water, out of the Broadway Wastewater Treatment Plant, with a term of nine months, with an option to extend the Reservation Agreement for an additional three month period. During the initial reservation agreement term, Valero expressed preference to use the recycled water from the Greenwood Wastewater Treatment Plant (GWWTP) in lieu of the recycled water from the Broadway Wastewater Treatment Plant (BWWTP). The agreement was amended twice and extended most recently in December 2015 for additional periods which will expire on June 16, 2017. A short-term extension to the reservation agreement totaling an additional 60 days is presented for City Council consideration to allow time for the adoption of Wastewater Management Plan by City Council at which time a longer-term agreement could be put in place. Under the terms of this Extension to the Agreement for Exclusive Reservation, the City agrees not to enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 MGD of treated wastewater effluent subject to this extension. ALTERNATIVES: 1. Authorize the Extension to the Agreement as proposed. 2. Request changes to the proposed Extension to the Agreement. 3. Deny authority to execute the Extension to the Agreement. 4. Deny authority to execute the Amendment and Extension to the Agreement and direct staff to issue an RFP for Industrial use of the City's recycled water. OTHER CONSIDERATIONS: The city's wastewater treatment plants produce recycled water that is classified as Type II reclaimed water. TCEQ has granted the City certain authority to deliver its recycled water for the Type II uses allowed under Chapter 210 of the Texas Administrative Code (TAC). Some of the City's golf course and cemetery customers use the City's recycled water for the Type II -allowable use of irrigating their golf courses and cemeteries. Although the law also allows for the use of Type II for cooling towers and other industrial applications, none of the City's Industrial district customers are using the City's recycled water at this time. CONFORMITY TO CITY POLICY: This item conforms to City policy to obtain Council's approval and authority to grant an interest in real property or the city asset of water, which is considered to be a real property -like asset. For our purposes here, the term water as used in this section includes treated wastewater, also known as "effluent", or "recycled water". An industrial water customer's use of the City's recycled water for allowable industrial uses is consistent with the City's water conservation policies. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water Comments: RECOMMENDATION: Approval of the Reservation as proposed. LIST OF SUPPORTING DOCUMENTS: Agreement for Exclusive Reservation of Recycled Water approved December 17, 2013 (First) Amendment and Extension to the Agreement approved December 16, 2014 (Second) Amendment and Extension to the Agreement approved December 15, 2015 Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Agreement for Exclusive Reservation of Recycled Water Between Valero Refining —Texas, L.P. and City of Corpus Christi This Agreement for Exclusive Reservation of Recycled Water (the "Reservation") is made by and between The City of Corpus Christi, acting by and through its authorized representative, the City Manager or designee (the "City"), and Valero Refining — Texas, L.P. ("Valero"). Valero and the City may hereinafter be referred to as a "Party" or collectively as the "Parties". WHEREAS, Valero operates two petroleum refineries located in Corpus Christi, Texas; WHEREAS, the Texas Commission on Environmental Quality has issued an Authorization for Reclaimed Water to the City that provides the City with certain authority for the use and transfer of reclaimed water or treated wastewater effluent, referred to in this Agreement as "recycled water"); WHEREAS, Valero would like time to evaluate entering into a recycled water agreement with the City; NOW, THEREFORE, for and in consideration of mutual covenants herein contained, it is agreed by and between the Parties as follows: I. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Reservation, the City will reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day (mgd) of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant (BWWTP), or 4 million mgd from any of the City's other wastewater treatment plants in the event that the City will no longer be operating the BWWTP . The Reservation shall start on the Effective Date and expire nine months from the Effective Date. During the term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. The nine-month reservation period is to allow Valero time for evaluation, equipment pilot testing and water quality testing to confirm suitability of the recycled water and any onsite treatment cost for the intended industrial applications. Before the expiration of the Reservation, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. 8. Effective Date. The Effective Date of this Reservation is the date upon which it is signed by the City. 2013-360 12/17/13 M2013-196 Valero Refining - Texas LP 1 INDEXED C. Termination. The City may terminate this Reservation in the event that Valero fails to timely pay the $100,000.00 reservation fee and Valero has been provided written notice of this failure and thirty (30) days to cure. D. Extension. Valero may request to extend this Reservation for an additional three-month period by providing the City with a written request at least thirty (30) days prior to the termination date of this Agreement. If the City approves Valero's request to extend this Reservation, upon Valero's payment of a reservation extension fee of Seventy -Five Thousand Dollars ($75,000.00), which must be received by the City before the termination date, this Reservation will extend for a period of three months. The extended Reservation shall be exclusive and during the extended term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. E. Notices. Any notice provided for in this Reservation and any other notice, demand or communication which any Party may wish to send to any other Party relating to the subject matter of this Reservation shall be in writing and either delivered by recognized national overnight courier delivery service such as Federal Express, UPS or DHL, hand -delivered, or sent by regular U.S. postage prepaid, and addressed to the Party for which such notice, demand, or communication is intended at such Party's address as provided below. Copies of all notices to Valero shall include a copy to: If to Valero: Valero Refining—Texas, L.P. 1147 Cantwell Lane Corpus Christi, TX 78249-1616 Attn: Joe Almaraz Telephone: 361-289-3328 Facsimile: 361-289-3126 If to the City: City of Corpus Christi 2726 Holly Road Corpus Christi, TX 78415 Attn: Gustavo Gonzalez, Director of Water Operations Telephone: 361-826-1874 Facsimile: 361-826-1889 City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attn: Veronica Ocanas, Senior Assistant City Attorney Telephone: 361-826-3375 Facsimile: 361-826-3239 Any Party may change its address for notice hereunder to any other address by giving written notice of such new address to the other Parties in accordance with this Section. Any notice, demand, or other communication shall be in English, and shall be deemed given and effective as of the date of delivery. The inability to deliver because of a changed address of which proper 2 notice was not given, or rejection or other refusal to accept any notice, demand or other communication, shall be deemed to be the receipt of the applicable notice, demand or other communication as of the date of such inability to deliver or rejection or refusal to accept. The date of notice shall be the date it is received by the addressee or the office of the addressee, whichever is earlier. II. Negotiation of Recycled Water Agreement Terms Within the Reservation Period. A. The Two Refineries. Upon written notice at any time during the term of this Reservation from Valero that it wishes to enter into a recycled water agreement for 4 mgd of recycled water, the Parties will negotiate the terms of any agreement in good faith. III. Reservation is Not a Reclaimed Water Supply Agreement. A. The Parties recognize that this Reservation is an agreement to reserve 4 mgd for a period of time, not an agreement to supply or deliver 4 mgd; that this Reservation neither outlines the specific and essential terms for the delivery or supply of recycled water, nor contains any prices or quantities for the delivery or supply of recycled water; and that a future agreement(s) between the Parties will be required. IV. Miscellaneous Terms. A. Complete Agreement. This Reservation embodies the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes and replaces in their entirety all prior understandings and agreements relating to the subject matter hereof. 8. Severability. Should any provision of this Reservation or portion hereof be declared invalid, void or unenforceable, it shall not affect the validity or enforcement of the remaining provisions or portion hereof which shall remain in full force and effect as if the Reservation had been executed without such invalid, void or unenforceable provision or portion hereof having been included. C. Assignment. The Parties may not assign the Reservation without the written consent of the other party. D. Modification and Waiver. This Reservation may not be modified or amended except by an instrument in writing duly executed by both Parties. Either party hereto may, by an instrument in writing, waive compliance with or breach of any term or provision of the Reservation by the other Party. The waiver by any Party hereto of compliance with or breach of any term or provision of the Reservation shall not be construed as a waiver of subsequent compliance or of any subsequent breach. E. Authority. Each person executing the Reservation represents that he or she has been duly authorized to do so by the Party on whose behalf he or she is signing, and that in so doing he or she shall bind such Party to all of the terms hereof. 3 F. Counterparts. The Parties may execute the Reservation in identical multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but a single instrument. 4 IN WITNESS WHEREOF, the parties hereto have executed this Reservation to be effective upon approval by the City. VALERO: CITY: VALERO REFINING—TEXAS, L.P. By: CITY OF CORPUS CHRISTI By: Name: Dennis Payne Name: 8/2(f 4 l3 4%'ri? ff% Title: Senior Vice President & General Manager Title: DIP4 ry p(2f.rie 4I442 - Date: /EX/3(2-0(5 Date: 12- - ( 7-13 ATTEST . 1 ARMANDO CHAPA crn' SECRETAR" I ti �► 1 ClouiICIL .. hiLla 5 doia City of Corpus Chnsci 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: Valero Refining -- Texas, L.P. P. O. BOX: STREET ADDRESS: One Valero Way CITY: San Antonio FIRM. IS: 1. Corporation 4. Association 8 2. Partnership 5. Other ZIP: 78249 - 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None 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 None 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 None 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 None EXHIBIT "C" Page 1 of 2 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 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: Ethan Jones (Iy pc or Print l Signature of Certifying Person: Title: Assistant Secretary glI4Q-r4 Date: �%3 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. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or fine, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT "C" Page 2 of 2 Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, Valero desires to reserve up to 4 mgd of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP") recycled water/treated wastewater effluent; Now, therefore, the parties agree to amend the Reservation Agreement and extend the term as follows (the "Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: 1. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Amendment, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation as amended herein shall expire nine months from the Effective Date of this Amendment. The nine-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, and project design. Before the expiration of this Amendment to the Reservation Agreement, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery." Section I.D. of the Reservation Agreement is amended as follows: "D. Extension. Valero may extend this Amendment to the Reservation Agreement for an additional three-month period by providing the City with written notice at least thirty (30) days prior to the termination date of this Amendment along with an extension fee of Seventy -Five 1 Thousand Dollars ($75,000.00). During the three-month extended term of the reservation, the City shall not enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Amendment." 2. This Amendment to the Reservation Agreement takes effect on December 16, 2014 (the "Effective Date"). 3. Within thirty days of the date the City Manager or the City Manager's designee signs this this Amendment to the Reservation Agreement Valero will pay the City One Hundred Thousand Dollars ($100,000.00). 4. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year written below. VALERO: CITY: VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: By: 1. • A` Name: Dennis Payne Name: MaTi C Title: Senior Vice President & General Manager Title:LCf1{ G'T[.! M A.114Cre— Date: 1 �- I Date: J -/3o /41 ATTEST T? REBECCA HUERTA CITY SECRETARY 20 lr1AUI$u+«., +r cam. Y2- S i `ta CFCRFTAav Second Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, the Parties later determined that recycled water from the Greenwood Wastewater Treatment Plant ("GWWTP") would be preferable; Whereas, the Parties entered into an Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi on December 16, 2014 which reserved 4 mgd from the GWWTP for Valero, provided a term of nine months, and provided for one three-month extension after the nine-month term (the "Amendment"); Whereas, the Amendment will expire on December 16, 2015 and the Parties desire to further extend the Reservation Agreement; Now, therefore, the Parties agree to amend the Reservation Agreement and extend the term as follows (the "Second Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: "I. Reservation. A. Term. For and in consideration of payment of a reservation fee in the amount of Seventy -Five Thousand Dollars ($75,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Second Amendment, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation Agreement as amended herein shall expire twelve months from the Effective Date of this Second Amendment. The twelve-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, project design, and project financing. Should the Parties need additional time to negotiate an agreement for the delivery of recycled wastewater, Valero may extend this Second Amendment 1 by an additional six months at no additional cost by providing written notice to the City thirty days prior to the expiration of this Second Amendment. Section I.D. of the Reservation Agreement is amended as follows: D. Extension. The Parties may extend the Reservation Agreement by mutual agreement. 2. This Amendment to the Reservation Agreement takes effect on December 16, 2015 (the "Effective Date"). 3. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day and year written below. VALERO: VALERO REFINING —TEXAS, L.P. By: Name: Dennis Payne Title: Senior Vice Prresiddentt&& General Manager L Date: / / ( `� / �`J CITY: CITY OF CORPUS CHRISTI By: 62 Name: , E Title: t—Xt.,C n r4vP „��` t � ✓ Date: 2- fiI`I`ul", REBECCA HUERTA CITY SECREW1Y4 se to brow r LisaAguilar rU Assistant City Attorney For City Attorney a..(21a-:3112(11ti rfitlil{tILS.,G SECRETARS 2 Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement"), with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, the Parties entered into an Amendment and Extension to the Reservation on December 16, 2014 which reserved 4 mgd from the Greenwood Wastewater Treatment Plant for Valero, provided a term of nine months, and provided for one three-month extension after the nine-month term; Whereas, the Parties entered into a Second Amendment and Extension to the Reservation Agreement on December 15, 2015, which will expire on June 16, 2017; Whereas, the Parties desire to further extend the Reservation Agreement for 60 days; Now, therefore, the Parties agree as follows: 1. The term of the Agreement for Exclusive Reservation of Recycled Water (the "Reservation Agreement") as previously amended and extended, is hereby extended for an additional 60 days, to expire on August 16, 2017. 2. This Extension to the Reservation Agreement takes effect on date of last signature. 3. All other terms and conditions of the Reservation Agreement, as previously amended and extended, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Extension as of the day and year written below. VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: Name: Richard J. Walsh Title: Senior Vice President Date: fl'1/11 / ZO R 4L. By: Name: Title: Date: 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: TO: Margie C. Rose, City Manager May 3, 2017 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 The First Amendment to the Collection, Processing and Marketing of Residential Recycling Commodities contract (recycling contract) with BFI Waste Services of Texas, LP, dba Republic Services of Corpus Christi. CAPTION: Motion authorizing the City Manager, or designee, to execute the First Amendment to the Collection, Processing, and Marketing Residential Recycling Commodities contract with BFI Waste Services of Texas, LP, and ratifying the effective date of the amendment to be May 1, 2017. PURPOSE The amendment will help assure capital and operating costs are recovered in the face of changing recycling commodity market conditions, and help assure the viability of the City's curbside collection recycling program. The proposed amendments will: 1. Increase processing fee from $74.70 to a fixed $90.00 per ton for duration of initial term, ending February 1, 2021 2. Increase rebate that BFI pays City, from 60% to 85% of average marketable commodity value (last computed as $139.08 per ton) 3. Decrease quarterly minimum of marketable materials from of 2,700 to 2,400 tons 4. Eliminate ceiling and floor on rebates paid to City 5. Discontinue Consumer Price Index fee adjustments for duration of initial contract term, ending February 1, 2021 6. Discontinue BFI's operation of 3 recycling drop-off sites effective July 1, 2017 (an optional drop-off location to be the BFI/Republic Services, 4414 Agnes St.) BACKGROUND AND FINDINGS: City Council approved the recycling contract on October 12, 2010 after a Request for Proposal Process. Between October 2010 and January 2011, the BFI expanded their recycling processing facility and installed single -stream processing equipment. January 31, 2011, marked the beginning of the single -stream recycling collection and the effective date of the BFI recycling contract. If approved, it's estimated that the contract amendment will increase the City's annual net return on the contract (rebates received by the City minus the processing fees paid by the City) by approximately $145,000. BFI offers the facility at 4414 Agnes St. as an alternative recycling drop- off site, to help mitigate the discontinuation of services at the 3 existing drop-off trailers. CONFORMITY TO CITY POLICY: The proposed amendment does not conflict with City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Solid Waste Operations, Office of Management and Budget, Finance, City Attorney. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016 - 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Revenue ($147,083) ($1,176,666) ($1,323,749) Encumbered / Expended Amount Expense $86,667 $693,333 $780,000 BALANCE ($60,416) ($483,333) ($543,749) Fund #1020 — General Fund Comments: The financial impact reflects the estimated net impact of the contract amendment for 45 months (May 2017 through January 2021) remaining on the initial 10 year term. RECOMMENDATION: Staff recommends the approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Contract Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BFI WASTE SERVICES OF TEXAS, LP STATE OF TEXAS COUNTY OF NUECES This first amendment ("First Amendment") to the Agreement executed between the City and BFI Waste Services of Texas, LP ("Contractor"), on October 7, 2010, for services which began on January 31, 2011, is made effective for all purposes as of May 1, 2017, unless otherwise specifically stated in this First Amendment. WHEREAS, the City and Contractor desire to modify the terms and conditions of the Agreement as set out below for the remaining Initial Term of the Agreement; and WHEREAS, the parties agree to execute this instrument and proceed subject to the following terms, conditions and covenants. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amendment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment, following final approval by the City's City Council and execution by both parties, is ratified by both parties to take effect as of May 1, 2017. 3. Effect of First Amendment. This First Amendment modifies, supplements, and expands the provisions, terms, and conditions of the existing Agreement (including its exhibits) between the City and Contractor and the duties and responsibilities undertaken by each, as is necessary and mutually desired to effectuate the purposes and plans of the parties. The parties acknowl- edge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. The parties further agree that any ambiguities or conflicts between or among the documents may not be construed against the City as drafter. In the event of a conflict between or among the documents addressing the same matter, the parties agree that the more stringent provision controls. 4. Definitions; Usage. All words and phrases not defined in this First Amendment or modified herein retain the definitions contained in the Agreement. For brevity in the remainder of this document, any reference to the Agreement is deemed to collectively include this First Amend- ment, and all exhibits and documents attached to, referenced, or incorporated by reference into those instruments and which are the subjects of the Agreement relationship between the parties. 5. Cessation of Trailer Use. Section 1 of the Agreement, entitled "Services", is modified as follows: A. Subsection (d), entitled "Trailers", is deleted in its entirety, including the contents of Exhibit B of the Agreement, such modification of the Agreement to be made effective Page 1 of 3 as of July 1, 2017, provided, the Contractor has complied with the provisions in the remainder of this paragraph and within the stated times. Contractor shall establish a transition schedule with the Contract Administrator (for the anticipated discontinued use of the trailers) not later than 14 days following execution of this First Amend- ment, such transition plan providing for cessation of the Contractor -operated City- wide drop-off sites and physical return of the trailers by the Contractor to the City's Cefe Valenzuela Landfill location on July 1, 2017. Contractor shall undertake to effectively assist City staff in communicating the Contractor's transition plan to citizens utilizing the trailers between May 1, 2017, and June 30, 2017. Contractor shall also undertake to effectively assist City staff in communicating the availability and hours and days of operation of the Contractor's Designated Facility for the delivery and acceptance of residential recyclable materials by citizens at no charge on and after the execution of this First Amendment and continuing after June 30, 2017, until such time the Agreement is either terminated or ceases to be in force between the parties. B. A new subsection (d-1) is added to read as follows: "Notwithstanding anything to the contrary in Exhibit A of the Agreement, Contractor shall produce a quarterly minimum (net of residue) of 2,400 tons of marketable materials." 6. CPI Increase; Floor and Ceiling Rebates. Section 3 of the Agreement, entitled "Fees", is modified as follows: A. Subsection (a), delineating the CPI increase and its application, is suspended and has no force and effect for the remainder of the Initial Term of the Agree- ment. B. Subsection (d), delineating the Floor and Ceiling commodity sales rebates, their application, and calculation of same, is deleted in its entirety and replaced with the following language: "(d) Rebates. Notwithstanding anything to the contrary in Exhibit A of the Agree- ment, the Contractor shall be obligated to calculate and pay quarterly rebates to the City at the rate of 85% of the actual sales price received by the Contractor for the marketable commodities." C. A new subsection (f) is added to read as follows: "(f) Processing Fee. The processing fee for all single -stream materials delivered by the City to the SSMRF is increased from $74.70 to $90.00 per ton." 7. Limited Continuation of Floor/Ceiling Rebates for Measurement and Calculation Pur- poses Only. For purposes of the calculation of payments due to the City for all marketable commodities sold prior to May 1, 2017, but for which rebates have not yet been remitted to the City as of the effective date of this First Amendment, the parties mutually agree that the Floor and Ceiling commodity sales rebate values and the application of the same are preserved and expressly made applicable to the parties until such time as the payments have been remitted to the City, after which such Floor and Ceiling commodity sales rebate values and application of same will finally cease in force and effect for all purposes under the Agreement. Page 2 of 3 8. Fiscal Year. Section 7 of the Agreement, pertaining to the ending date of the City's fiscal year, is modified as followed: July 31 is deleted and replaced with September 30. 9. Duplicate Counterparts. This First Amendment may be executed in any manner as duplicate counterparts, each of which is deemed to be an original of this instrument for all purposes. 10. Entire Agreement. In addition to the existing Agreement, including any exhibits attached or incorporated by reference, this First Amendment contains the entire understanding and mutual agreement of the parties, and no other agreements, assurances, covenants (express or implied), or other terms and conditions of any kind exist between the parties with regard to the Agreement and this First Amendment. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Margie C. Rose, City Manager Date: Date: Approved as to legal form: , 2017 Elizabeth Hundley Assistant City Attorney for the City Attorney BFI WASTE SERVICES OF TEXAS, LP Signature Title Printed Name Date Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORA 1295 1 of 1 Complete Nos. 1 -4 and 6 if there are interested parties, Complete Nos. 1, 2. 3, 5, and 6 if there are no interested ponies. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. BFI Waste Services of TX, LP Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-205395 Date Filed: 05/10)2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. xxx Recycling. Processing, and Marketing Name of Interested Party Reeves, Mike City, State, Country (place of business) Corpus Christi, TX United States Nature of interest (check applicable) Controlling Intermediary Bradley. Robert Corpus Christi, TX United States x x 5 Check only if there is NO Interested Party. 6 AFFIDAVIT w% AMBER ROSE FENDLEY Notary Public, r`�State Ot Texos `"Y�; My Commission Expires June 21, 2018 AFFIX NOTARY STAMP ( SEAL ABOVE I swear, or rr older nalty of erjury, that above disclosure is true and correct. I►tltL It, .ntiactin: Ai ness entity Signature of authorized agen Sworn to and subscribed before toe, by the said golbe r 4- Bra d lett t"+s The 2j1. to certify which. witness my hand and seal of office. Signature stering oath Amber od I Printed narne of officer administering cath Ib day of eft a% Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Purchase of 12 Inch Steel Pipe for the Gas Department CAPTION: Motion approving the purchase of 12 inch steel pipe for the Gas Department from Texas Pipe & Supply Company, of Corpus Christi, Texas, in response to Request for Bid No. 1124 based on the lowest, responsive, responsible bid for a total amount not to exceed $106,954.00. PURPOSE: This item is to approve the purchase of 5300 feet of 12 -inch steel Pipe. BACKGROUND AND FINDINGS: The Gas Department is procuring 5,300 feet of 12 -inch steel pipe. This steel pipe will be used to replace 5,270 feet of an aging 14" gas main that is part of the Gollihar Street improvement project. The City received one responsive bid, out of 48 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Texas Pipe & Supply Co. ALTERNATIVES: NA OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Gas Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $378,074.64 $0.00 $378,074.64 Encumbered / Expended Amount $259,988.35 $0.00 $259,988.35 This item $106,954.00 $0.00 $106,954.00 BALANCE $11,132.29 $0.00 $11,132.29 Fund(s): Gas Comments: The total estimated contract value will be $106,954.00 funded in FY2016- 2017. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 1124 12 INCH STEEL PIPE FOR THE GAS DEPARTMENT Texas Pipe & Supply Co. P.O. Box 4833 2201 Suntide Road Corpus Christi, TX 78469 ITEM DESCRIPTION Unit QTY PRICE PRICE 1 12- Inch Steel Pipe 5300.00 1 $20.18 $106,954.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation FredS c(�cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Appraisal Services for Corpus Christi International Airport CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Aviation Management Consulting Group, Centennial, Colorado, for appraisal services for the Corpus Christi International Airport, in accordance with RFP No. 180, based on responsive and responsible proposal. The agreement will be for $140,000.00, and $30,000.00 will be funded in FY2016-2017. The term of the agreement is for five years, subject to the approval of the Contractor and the City Manager, or designee. PURPOSE: The purpose of this agenda item is to execute a contract with Aviation Management consulting Group, Centennial Colorado, for Appraisal Services for the Corpus Christi International Airport. BACKGROUND AND FINDINGS: In 2011, the City selected an appraiser to perform an initial appraisal for all parcels and facilities located on Airport property. That appraisal has been used as the valuation methodology for all subsequent fair market value determinations since that time. In anticipation of a number of changes in leases and uses of parcels over the next five year period, the Contractor will provide various appraisal tasks upon direction from the Contract Administrator to accommodate these changes. While specific assignments will be determined at the time of need, airport management staff has outlined potential tasks that should be accomplished during the next five years. The request for proposals (RFP) was issued, with 40 notifications. Three proposals were received; however, one was submitted late and was deemed nonresponsive. The remaining two responsive proposals moved on in the process and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firms experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. The staff recommends awarding a service agreement to Aviation Management Consulting Group the appraisal services for Corpus Christi International Airport. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $188,405.91 $110,000.00 $298,405.91 Encumbered / Expended Amount $96,312.70 $0.00 $96,312.70 This item $30,000.00 $110,000.00 $140,000.00 BALANCE $62,093.21 $0.00 $62,093.21 Fund(s): Airport Comments: The contract value total is $140,000.00, of which $30,000.000 will be funded in FY2016-2017. The balance will be requested during normal budgeting process for future years. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement RFP Matrix — Appraisal Services for CCIA RFP No. 180 Appraisal Services for Corpus Christi International Airport Roberta Ortiz Proposal Evaluation Aviation Management Consulting Group Airport Business Solutions Minimum Qualifications State Certified General Appraiser Pass Pass Member of Appraisal Institute (MAI) designation Pass Pass Working knowledge of the aviation industry Pass Pass Completed a minimum of five aeronautical property appraisals Pass Pass No outstanding lawsuits during last 5 years Pass Pass No outstanding regulatory issues last 5 years Pass Pass No current litigation with the City during the last 5 years Pass Pass References Provided for firm Pass Pass Technical Proposal Technical Proposal (50 points) 48.67 47 Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Interview (30 points) 29 26 Experience Team Experience Understanding of Project Scope Price Price (20 points) 20 12 Total 97.67 85 RFP No. 180 Appraisal Services for Corpus Christi International Airport Technical Proposal Results Interview Results Firm Names Committee Member#1 Committee Member#2 Committee Member#3 Average 1. Aviation Management Consulting Group 1. Aviation Management Consutling Group 50 47 49 48.67 Project Analyst $140.00 2. Airport Business Solutions 48 45 48 47 Interview Results Pricing Points Firm Names Committee Member#1 Committee Member#2 Committee Member#4 Average 1. Aviation Management Consulting Group 1. Aviation Management cons 29 29 29 29 Project Analyst $140.00 2. Airport Business Solutions 27 25 26 26 Pricing Points **The points are based on --- the Proposer with the lowest average price is given the full 20 points, the other Proposer received a proportional share of the points based on the ration of their average price to the lowest price. Formula used: $187.50/$312.50=0.6*20 points=12 points Firm Names Loaded Price with travel Points 1. Aviation Management Consulting Group Principal $260.00 Consultant $200.00 Project Analyst $140.00 Teaming Partner $150.00 Average $187.50 20 2. Airport Business Solutions Principal Per Hour $375.00 VP/Staff $250.00 Average $312.50 12 **The points are based on --- the Proposer with the lowest average price is given the full 20 points, the other Proposer received a proportional share of the points based on the ration of their average price to the lowest price. Formula used: $187.50/$312.50=0.6*20 points=12 points SERVICE AGREEMENT NO. 940 Appraisal Services for Corpus Christi International Airport THIS Appraisal Services for Corpus Christi International Airport Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Aviation Management Consulting Group ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Appraisal Services in response to Request for Bid/Proposal No. 180 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFS/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Appraisal Services for the Corpus Christi International Airport ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 60 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $140,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Page 1 of 7 cro' 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Mario Tapia Aviation Department 361-289-0101 ext. 1292 MarioT@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Page 2 of 7 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. if immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that if has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Page 3 of 7 i'' Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Mario Tapia Assistant Director of Aviation 1000 International Drive, Corpus Christi, Texas 78406 Fax: 361-826-4533 IF TO CONTRACTOR: Aviation Management Consulting Group Attn: Jeff Kohlman Managing Principal 9085 E. Mineral Circle, Suite 315, Centennial, Colorado 80112-3499 Fax: 303-792-2751 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST Page 4 of 7 (\• ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT IF CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the Page 5 of 7 lc- City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments 8. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 NI CONTRACTOR __.-- Signature: --'fcr6L---1/ 1 ‘ Printed Name: -___Cc A. .howiwy. Title: MOAOL Date: 5/7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 13: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 180 Exhibit 2: Contractor's Bid/Proposal Response • .11 'ed as to o'r :5 )7/17 AssliAdf Att. '1" 14 For ar y Attorneyney Page 7 of 7 Attachment A: Scope of Work 1. Background A. In anticipation of a number of changes in leases and uses of parcels over the next five year period, the Contractor will provide various appraisal tasks upon direction from the Contract Administrator to accommodate these changes. For each scope of work/task order, the City reserves the right to negotiate the specific assignment on either a lump sum or time and material basis. B. While specific assignments will be determined at the time of need, it is anticipated that the following tasks represent potential tasks to be accomplished during the five (5} year period: Update of the 2011 appraisal for all airport parcels and buildings. Valuation of a newly developed office and hangar complex to establish a fair market value. Valuation of two (2) FBO complexes upon expiration of the Base Lease Term. Valuation of vacated hangars and other aviation related facilities that revert to the City at the end of the lease term. • Valuation of a new Coast Guard office and hangar facility to be completed in 2017 that will ultimately revert to the City. C. These projects are expected assignments and are not intended to be definitive assignments. The City and Contractor will negotiate a specific scope and budget for the agreed to assignments prior to commencement of each scope of work/task order. 2. Scope of Work A. The anticipated appraisal services may include the following: 1. Fair market sales value of improvements based on comparable facilities and business terms, showing a separate value for land, each facility/capital improvement, hangar, apron, parking lot surface improvements, and the fuel farm improvements. The Appraisal shall contemplate that the improvements will revert to the City in the future at the end of 20, 25 and 30 year terms and shall include a projection of the financial impacts associated with each term length. The Appraisal should anticipate that the leases are on a "triple net" basis. Page 1 of 5 ct 2. Fair market rental value of all land, as if unimproved; improved; aviation with airfield access; aviation without airfield access; and commercial non -aviation without airfield access. 3. Fair market rental value of the aircraft apron. 4. Fair market rental value of the parking lot surface improvements. B. The detailed approach for establishing the appraised value, i.e., replacement cost, income stream, or comparable market sales of small hub category airports in Texas and the surrounding region, with an explanation of benefits and drawbacks relevant to each approach that is not recommended, along with the benefits and limitations of the recommended approach or combination of approaches for each scenario, relevant to this property. C. The appraisal assignment shall be done, and the appraisal shall conform with, the Uniform Standards of Professional Appraisal Practice ("USPAP"). FAA Order 5190.6B, and CFR 24.103 and CFR 24.104 should be considered resources also, as well as the guidelines set out in 49 CFR Part 24/Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs; and Uniform Standards for Federal Land Acquisitions ("Yellow Book"). D. Current Properties on Airport Include: 1. Parcel B1 (Industrial Park) = 102.36 Acres (4,458,939.76 SF) 2. Parcel C1 (East Landside Parcels) = 98.75 Acres (4,301,638.15 SF) 3. Parcel C2 (East Landside Parcels) = 50.21 Acres (2,187,105.44 SFI 4. West General Aviation Office Buildings: • WGA OF -1 o Single -Story o 3,105 SF o Built in 1962 o Atlantic Aviation Terminal o Has public lounge, pilot lounge, flight planning room, service desk, vending area, offices and conference room. • WGA OF -2 o Two -Story o 4,860 SF o Built in 1962 Page 2 of 5 (V- o Sub -leased to Advantage Aircraft o First Floor Facilities: Offices, Radio Shop, Fabrication Shop, General Shop, Parts Storage, Loading Dock, and a Break Room. o Second Floor: Used for storage Hangars: • WGA H-1 = 14,000 SF • WGA H-2 = 14,000 SF • WGA H-3 = 11,500 SF Ramp: • Apron - 466,514 SF • 57 Fixed Wing Tie -Downs • 10" Thick Concrete Fuel Farm: • Apron - 11,246 SF • Fuel Tanks o 2 - 12,000 Gallon JET -A o 1 - 10,000 Gallon AV -GAS o 1 - 50 Gallon Unleaded • Fuel Trucks o 1 - 5,000 Gallon JET -A o 1 - 3,000 Gallon JET -A o 1 - 2,500 Gallon JET -A o 1 - 1,000 Gallon AV -GAS Miscellaneous: • Asphalt Parking - 61,823 SF • Undeveloped Land {Grass) - 170,087 SF • Fencing -- 950 Linear Feet 5. East General Aviation Office Building: • EGA OF -1 o Single -Story o 4,900 SF o Circa 1990 o Signature Flight Support Terminal o Has public lounge, pilot lounge, flight planning room, service desk, vending area, offices and conference room. • EGA OF -2 o Single -Story o 2,500 SF Page 3 of 5 Ci°L- o Circa 1970 o Southwest Cargo Offices o Offices • EGA OF -3 o Single -Story O 4,365 SF o Circa 1970 o Signature Flight Support Operations & Maintenance o Offices, Storage areas • EGA OF -4 o Single -Story o 4,365 SF o Circa 1970 o Subleased to Ocean Air Center LLC o Mechanics Shop • EGA OF -5 o Single -Story O 2,824 SF o Circa 1980 o Subleased to Al Dodds Aviation o Offices • EGA OF -6 o Single -Story O 5,842 SF o Circa 1980 o Subleased to CC Flight School o Flight School Hangars: • EGA H-1 = 28,047 SF • EGA H-2 = 10,921 SF • EGA H-3 = 33,029 SF Ramp: • Apron - 354,765 SF • 30 Fixed Wing Tie -Downs Fuel Farm: • Apron - 4,776 SF • Fuel Tanks O 3 - 12,000 Gallon JET -A O 1 - 12,000 Gallon AV -GAS O 1 - 2,000 Gallon Unleaded • Fuel Trucks Page4of5 o 1 - 5,000 Gallon JET -A o 1 - 3,000 Gallon JET -A o 1 - 750 Gallon AV -GAS Miscellaneous: • Asphalt Parking -86,766 SF • Undeveloped Land (Grass) - 140,948 SF • Fencing - 700 Linear Feet Page 5 of 5 cek 1852 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 180 Appraisal Services for Corpus Christi International Airport DATE: 02/17/2017 Aviation Management Consulting Group, Inc. PROPOSER PAGE 1 OF 1 AUT ORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing your pricing. 2. Quote your best price. 3. In submitting this pricing form, Proposer certMes that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION HOURLY RATE UNIT 1.0 Loaded Hourly Rate to complete appraisal tasks HR Principal $260 Task orders will be either lump sum or cost Consultant $200 reimbursable at the proposed hourly rate. Project Analyst $140 The rate will be a set rate for the first 12 months, an allowable increase of up to 2% will be built In for the remaining twelve month periods. Teaming Partner $150 Page 1 of 1 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS 1. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part 2 of this attachment. $500,000/$500,000/$500,000 Page 1 of 3 a, PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $1,000,000 Each Policy Year Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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; Page 2 of 3 ci- • 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing - Aviation Appraisal Services 05/04/2017 sw Risk Management Page 3 of 3 di' Attachment D: Warranty Requirements Warranty is not required for the service, item 8. Warranty. Is not applicable. Page 1 of 1 ct CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-208799 Date Filed: 05/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Aviation Management Consulting Group, Inc. Centennial, CO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 940 Appraisal Services for Corpus Christi International Airport 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Kohlman, Jeff Centennial, CO United States X 5 Check only if there is NO Interested Party. ■ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. KATELYN WATSON Notary Public - State of Colorado Notary ID 20164048610 My Commission Expires Dec 27, 2020 t h 1 0 Signatu of1.14-c riz agent of contracting business entity lltr 1 , this the 11 day of �tAft/ , AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said Te* Y c \r\{Y t J , to certify which, witness my hand and seal of office. _ Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 17, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Application for Financial Assistance from the Texas Water Development Board CAPTION: Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations incurred by the City under Federal Contract No. 6- 07-01-X0675 by and among the City, the United States of America, and the Nueces River Authority; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Water Development Fund; and other matters in connection therewith. PURPOSE: The City of Corpus Christi is interested in refunding Utility System revenue obligations related to Choke Canyon Dam with City -issued refunding bonds to be purchased by the Texas Water Development Board through its Water Development Fund. The Water Development Fund (DFund) is a state -funded loan program that provides financing for various types of infrastructure projects. It does not receive federal subsidies and is not subject to federal crosscutters. The DFund enables the Texas Water Development Board to fund multiple eligible components in one loan to its borrowers. The interest rate on a DFund loan varies depending on market conditions. The lending rate scales are set at approximately the TWDB's borrowing cost and are intended to provide reasonable rates for TWDB customers while covering the TWDB's cost of funds and risk exposure. The City is seeking authorization to submit an application to the Texas Water Development Board for financial assistance (in the form of the Texas Water Development Board's commitment to purchase the City's refunding bonds) in an amount not to exceed $50,000,000. This amount includes the Texas Water Development Board's bond origination fees and other costs of issuance, as well as the amount necessary to repay the Refunded Bonds. BACKGROUND AND FINDINGS: On March 28, 2017, the City Council authorized the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds" in an amount not to exceed $77,520,000. These Utility System revenue obligations related to Choke Canyon Dam, as well as any callable, outstanding Utility System Revenue Bonds in an amount not to exceed $77,520,000. This agenda item addresses refunding the Choke Canyon Dam portion of that authorization. The interest rate charged by the TWDB is based on the TWDB's cost of funds sold with the State of Texas' General Obligation AAA rating. The lending rate scales reasonable rates for TWDB customers that cover TWDB's cost of funds and risk exposure. Utilization of the Texas Water Development Board funding option is being recommended especially since we are in an environment where interest rates are expected to rise, and the interest rate that will be charged for these obligations is based on a AAA rating — which is a higher rating than the City's AA-/Aa3 rating for its utility priority lien bonds and A+/A1 for the City's junior lien utility bonds — resulting in a lower interest rate. Additionally, the TWDB has agreed to issue these bonds at a third lien — which will remain subordinate to the junior lien bonds - as the bonds currently are - and so issuance of these bonds will not "eat" into our debt capacity for the utility junior lien bonds. Additionally, savings will be realized since no bond ratings will be required and no underwriters' discount will be paid since the bonds will be purchased by the TWDB. This agenda item is requesting approval to submit an application with the Texas Water Development Board seeking financial assistance in the form of its purchase of the City's refunding bonds. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Financial Services • Utilities Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ - - $ - BALANCE - $ - - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE REFUNDING OF CITY OBLIGATIONS INCURRED BY THE CITY UNDER FEDERAL CONTRACT NO. 6-07-01-X0675 BY AND AMONG THE CITY, THE UNITED STATES OF AMERICA, AND THE NUECES RIVER AUTHORITY; AUTHORIZING CITY STAFF AND CONSULTANTS TO COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FROM ITS WATER DEVELOPMENT FUND; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Corpus Christi, Texas (the City) deems it necessary to apply to the Texas Water Development Board (the Board) for financial assistance; and WHEREAS, in accordance with the rules and regulations of the Board, which govern the procedures in making such an application, the governing body of the City is required to pass a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City hereby requests that the Board, from its Water Development Fund, grant financial assistance to the City in the amount not to exceed $50,000,000 by the purchase of obligations of the City (the Refunding Bonds), and the receipt of the largest amount of grant funds lawfully available from the Board, for refunding certain of the City's outstanding debt obligations, being those obligations incurred under Federal Contract No. 6-07-01-X06785 by and among the City, the United States of America, and the Nueces River Authority, the proceeds of such obligations having been expended for the purposes of constructing improvements relating to the Nueces River Project authorized by Public Law 93-493. The Refunding Bonds will be issued by the City in one or more series. 2. The City Manager or Director of Financial Services of the City is hereby authorized to execute and submit to the Board the application for such financial assistance, and the City Manager or Director of Financial Services of the City, together with bond counsel, financial advisors and consulting engineers named in such application, are authorized to appear before the Board in support of such application and to make the required assurances and representations to the Board in accordance with the rules, regulations, and policies of the Board. 3. A certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Board, and the City Secretary of the City is authorized and directed to prepare and certify such number of copies of this Resolution as may be required for purposes of supporting the submission of such application to the Board. 82503948.1 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City. 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Resolution would have been enacted without such invalid provision. 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82503948.1 -2- PASSED, ADOPTED AND APPROVED on the 23rd day of May, 2017. Attest: City Secretary (SEAL) APPROVED THIS 23RD DAY OF MAY, 2017: City Attorney 82503948.1 -3- CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 23rd day of May, 2017, authorizing the City to request financial assistance from the Texas Water Development Board, which resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL OF SAID CITY, THIS THE 23RD DAY OF MAY, 2017. 82503948.1 -4- City Secretary ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas PASSED AND APPROVED, this the 23rd day of May, 2017 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member 82503948.1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: April 18, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 115 Waco Street CAPTION: Case No. 0417-03 ERF Real Estate, Inc.: A change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. The property to be rezoned is described as Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. PURPOSE: The purpose of this item is to rezone the property to allow development of an office. RECOMMENDATION: Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial, and in lieu thereof, approval of the "CI" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change in zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Vote Results For: 8 Against: 1 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "IL" Industrial District for the development of an office. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as Mixed Use as well as the Central Business ADP, which designates medium density residential use. It is Staffs opinion, that the requested rezoning will be inconsistent with the zoning and uses in the surrounding neighborhood which consist of commercial uses of offices and a nursery. The "Cl" Intensive Commercial District would accommodate the intended use at the most intense use prescribed by the Future Land Use Plan and Central Business ADP. ALTERNATIVES: 1. Approve 2. Approve with Conditions. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Area Development Plan. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Future Land Use Map, but is supported by goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10; from the "IH" Heavy Industrial District to the "IL" Light Industrial District; amending Plan CC 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 ERF Real Estate, Inc. ("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, April 19, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and on Tuesday, May 23, 2017, 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 ERF Real Estate, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street (the "Property"), from the "IH" Heavy Industrial District to the "IL" Light Industrial District (Zoning Map No. 045044), as shown in Exhibit "A", which is a map 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CALDW ELS1 CI , _00 V VP •1-°°°R RM -3 1&101f CI I . Pi, - - - - t 10 Z -urn SUBJECT PROPERTY 110 , cI is 0 CI fn 1 it0a 73 • I Fi eatrn\P /'9 0 = 0 2 -i IIIIn I 130r m fh 1 LOWS G1 al 10181; WM -- to - Amer —1 mussETT sr r 0 0 (13 z 0 Tao U7 V) KINK Sr 1 1 H 400 800 Date -Created: 4/5/2017 Prepare"b y eremyM +eparrm of opmenr entices-- CASE: 0417-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP Exhibit A Ordinance amending the Unified Development Code ("UDC"), upon application by ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10; from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending Plan CC 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 ERF Real Estate, Inc. ("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, April 19, 2017, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and approval in lieu thereof "Cl" Intensive Commercial District, and on Tuesday, May 16, 2017, 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 ERF Real Estate Inc., ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street (the "Property"), from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), as shown in Exhibit "A", which is a map 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CALDW ELS1 CI , _00 V VP •1-°°°R RM -3 1&101f CI I . Pi, - - - - t 10 Z -urn SUBJECT PROPERTY 110 , cI is 0 CI fn 1 it0a 73 • I Fi eatrn\P /'9 0 = 0 2 -i IIIIn I 130r m fh 1 LOWS G1 al 10181; WM -- to - Amer —1 mussETT sr r 0 0 (13 z 0 Tao U7 V) KINK Sr 1 1 H 400 800 Date -Created: 4/5/2017 Prepare"b y eremyM +eparrm of opmenr entices-- CASE: 0417-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP Exhibit A Aerial Overview <, tr,...,.��,,11'.u; . :;-_ :��`j IH 37, '. Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 0417-03 Infor No. 17ZN1012 Planning Commission Hearing Date: April 19, 2017 Applicant & Legal Description Applicant/Representative: Munoz Engineering Owner: ERF Real Estate, Inc. Location: 115 Waco Street Legal Description: Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. Zoning Request From: "IH" Heavy Industrial District To: "IL" Light Industrial District Area: 1.284 acres Purpose of Request: To allow for the construction of an office building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Vacant Mixed Use North "IH" Heavy Industrial Vacant Light Industrial Mixed Use South "Cl" Intensive Commercial Vacant Commercial Professional Office Mixed Use East "Cl" Intensive Commercial Public/Semi Public Mixed Use West "IH" Heavy Industrial Professional Office Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for Mixed uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the Future Land Use Map's designation of Mixed Use and the Central Business Area Development Plan, but is consistent with goals outlined in Plan CC. Map No.: 045044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 300 feet of street frontage along Kinney Street which is designated as a Local Street and 225 feet of street frontage along Waco Street which is also designated as a Local Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Kinney Street Local 50' ROW 28' Paved 45' ROW 38' Paved Not Available Waco Street Local 50' ROW 28' Paved 60' ROW 25' Paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District to allow for the construction of an office building Development Plan: The subject property is comprised of 1.284 acres is proposed to be developed as a 6,500 square foot office building with a maximum occupant load of 65. Existing Land Uses & Zoning: The subject property is zoned "IH" Heavy Industrial District and is vacant. The north property is zoned "IH" Heavy Industrial District and has vacant and light industrial uses. The properties to the south are "Cl" Intensive Commercial District with vacant, commercial, and professional office uses. The eastern property is zoned "Cl" Intensive Commercial District with public/semi-public use. To the west is "Cl" Intensive Commercial District with professional office use. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Central Business ADP. The proposed rezoning is related to the following policies of the Comprehensive Plan: • Support future development by making a variety of land uses available, while working to ensure compatibility between existing and future land uses. (Central Business ADP, Objective LU 1). • Existing industrial zoning or land use changes to another or expanded industrial use shall be discouraged (Central Business ADP, Policy LU 1.4). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Economy and Workforce, Goal 2). Staff Report Page 3 Department Comments: • Changes from one industrial use to another is discouraged in the Central Business ADP • There is not access to Collector or Arterial Streets to service vehicles typically used in industrial zoning • Use of the property as residential is not characteristic of the neighborhood. • An office use would be consistent with the surrounding businesses. • Residential use exists a block south of site. • Proposed use of office does not require the "IL" Light Industrial District. Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and in lieu thereof, approval of the "Cl" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Vote Results: For: 8 Opposed: 1 Absent: 0 a Notification Number of Notices Mailed — 29 within 200' notification area; 1 outside notification area As of May 15, 2017: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0417-03 ERF Real Estate, Inc. (Child Advocacy Center)\Council Documents\0417-03 CC Report ERF Real Estate, Inc..docx - 1 L CALDW E" z MussETT sT — N m " � CI 1-. 0 100t4eRST*Iff 14 0 26 � 29 SUBJECT PROPERTY 0411 IH . 1 0 RM -3 13 W/2/4 0= 0 12 800 0 cI 111 LAREDC ST WE ro to n ON r N 0 N 0 ih Dare -Created: 4/5/2017 PrepaeedA y eremyM +eparrm of op mem entices -- CASE: 0417-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property with 200' buffer Owners E. favor 4 Gvvners within 200' listed on \/ Owners attached ownership table rn opposition LOCATION MAP AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting of May 23, 2017 Second Reading Ordinance for City Council Meeting May 30, 2017 DATE: TO: May 16, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Interim Executive Director of Utilities and Development DanG@cctexas.com (361) 826-1718 FROM: Esteban Ramos, Water Resource Manager, Water Utilities Development Esteban R2@cctexas.com (361) 826 -3294 Ordinance amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding triggering criteria for Stage 1 and Stage 2 and Drought Best Management Practices for Stagel . CAPTION: Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55- 152 and 55-153; and providing for publication. PURPOSE: The purpose of this amendment is to provide for more efficient use of the water system and delay initiation of drought stage responses by removing conditions that Stage 1 is always in effect to quantifying the initiation to reflect consideration of the total system yield capacity and lowering the initiation percentage of Stage 2. BACKGROUND AND FINDINGS: The Water Resource Management Ordinance (Article XII of Chapter 55) provides the City legal authority to implement the Drought Contingency Plan (DCP) and Water Conservation Plan. The DCP outlines the best management practices to be taken by the City and Region to meet water demand during a period of water shortage or other emergency situation. One of the major changes to the DCP, which is our current 2015 DCP version was to extend the time that one -day -per -week irrigation is implemented. This was done by raising the trigger point of Stage 2 initiation from 40% combined reservoir capacity (of Lake Corpus Christi and Choke Canyon Reservoir) to 80% capacity. This decision was made because of the success on conservation achieved by residents during Stage 2 of the drought. Since then Stage 1 measures become year-round and conditions of the current Stage 2 have been initiated and sustained for over 24 months. This has resulted in a water use decline of over 10,000 ac -ft. calculated over the last Fiscal year. In addition, has been observed to have caused unnecessary burden on customers and staff and as such, On April 5, 2017 at the Utility Rate, Winter Averaging, & Drought Contingency Workshop City Council members directed Staff to recommend changes to the current Drought Contingency plan. The following changes were made to the drought contingency plan based on City Council Direction. Drought Stage Response CCR/LCC Combined Reservoir Storage Level 2015 Target Demand Reduction Levels 2015 CCR/LCC Combined Reservoir Storage Level 2017 Target Demand Reduction Levels 2017 Stage 1- Mild Always in effect Not Applicable <50% or if Lake Texana is <40% 5% Stage 2- Moderate <80% 10% <40% 10% Stage 3- Severe <30% 15% <30% 15% Stage 4- Critical <20% 30% <20% 30% Stage 5- Emergency Not Applicable 5 0Nt Applicable 50% ALTERNATIVES: None OTHER CONSIDERATIONS: This Ordinance takes effect upon newspaper publication after final Council approval and will be submitted to TCEQ and TWDB for review and adoption. CONFORMITY TO CITY POLICY: Yes this conforms to applicable regulations. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: N/A RECOMMENDATION: Approval of ordinance amendment as proposed and its supporting documents LIST OF SUPPORTING DOCUMENTS: Amended ordinance Amended Drought Contingency Plan Presentation Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55-152 and 55-153; and providing for publication. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, Section 55-152 and Section 55-153, is amended, with the new text shown in underlined redline text, and the deleted text shown in redline strike through text, as follows: ARTICLE XII. - WATER RESOURCE MANAGEMENT Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013, as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least Toss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: (1) "City manager" means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low -flow levels directly to the soil. "Fountain" means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) "industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having greater usability. (3) Page 1 (5) "Non-essentialpurpose"means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-151. - Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of -repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the city water system. d. Use any non -recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 4 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. Restaurant water saving: Commercial dining facilities must only serve water upon request. (3) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § I, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: (1) Stage 1: Mild water shortage watch. (2) Stage 2: Moderate water shortage condition. (3) Stage 3: Severe water shortage condition. (4) Stage 4: Critical water shortage condition. (5) Stage 5: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, Page 2 when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1 - Mild water shortage watch: Requirements for initiation - Thi. stage +s-a;ways--i - effect. Customers shall be requested to voluntarily conserve water and adhere to rescribed restrictions on certain water used when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below (50) per cent or Lake Texana storage level declines below (40) per cent. Requirement for termination - This stage is,always in effecA, Stage 1 of the DCP may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above C0) per cent or Lake Texana storage level increases above (50) per cent. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (2) Stage 2 - Moderate water shortage condition: Requirements for initiation - The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below fortyeighty (409(4) per cent. Requirement for termination - Stage 2 of the plan may be rescinded when the combined storage level increases above fiftvniflety (50(10) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stage 3 - Severe water shortage condition: Requirements for initiation - The combined storage levels declines to below thirty (30) per cent. Requirement for termination - Stage 3 of the plan may be rescinded when the combined storage level increases above forty (40) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4 - Critical water shortage condition: Requirements for initiation - The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty (20) per cent. Requirement for termination - Stage 4 of the plan may be rescinded when the combined storage level increases above thirty (30) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. Stage 5 - Emergency water shortage condition: Requirements for initiation - When the city manager, or designee, determines that a water supply emergency exists based on: (3) (3) (5) • A major water line breaks, or pump or system failures occur, which causes unprecedented Toss of capability to provide water service; or Page 3 • Water production or distribution system limitations; or • Natural or manmade contamination of the water supply source occurs. Requirement for termination - The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the director of water operations or his designee.. (b) Stage 1 response - Mild water shortage watch. (1) Target: Because-Stago--1 is -always +a-e#act he wiler use in -this -stage will be -the basis fer r etl$m-targets-+r re sevoro drought stages -Achieve a voluntary (5) per cent reduction in daily water demand for each wholesale customers utilizing City's water supply system, (2) Best management practices for supply management: The city will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for nonpotable uses to the greatest extent possible. (3) Water use restrictions for reducing demand: a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the city manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the plan. c. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. (c) Stage 2 response - Moderate water shortage conditions. (1) Target: During Stage 2, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 1, the city will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and b. City crews (water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. The following water use restrictions shall apply to all persons during Stage 2: a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this (3) Page 4 restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. (d) Stage 3 response - Severe water shortage conditions. (1) Target: During Stage 3, achieve a fifteen (15) per cent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2, the city will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water use restrictions for demand reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (3) Page 5 (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 response - Critical water shortage conditions. (1) Target: During Stage 4, achieve a thirty (30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 3, the city will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. Stage 5 response - Emergency water shortage conditions. (1) Target: During Stage 5, achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may (f) Page 6 be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 4, the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water use restrictions for demand reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 5, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (3) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-154. - Surcharges for drought Stages 3, 4 and 5, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 emergency water shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (3) (5) Page 7 (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage 2 condition has been declared, property managers of multi -tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. With city council approval, when consumption is above the three thousand (3,000) gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 4), the commercial or institutional customer's allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety (90) per cent of whose monthly usage is less than six thousand (6,000) gallons, shall be allocated six thousand (6,000) gallons. d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (3) Page 8 (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) per cent of total capacity (Stage 4), the industrial customer allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one -twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: (f) 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000) gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00) for each additional one thousand (1,000) gallons over allocation. Page 9 (g) (2) Customers whose allocation is twenty-one thousand (21,000) gallons per month or more: a. One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city) to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 4. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2) or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000) gallons times the number of dwelling units or more two (2) or more times (which need not be consecutive months). Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000) gallons or more two (2) or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). For such customers, after the second disconnection, water service shall be restored within twenty- four (24) hours of the request for a fee of five hundred dollars ($500.00). (3) (5) (6) Page 10 (i) (7) (8) If water service is disconnected a third time for such customer, water service shall not be restored until the city re-enters a level of water conservation less than Stage 3. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city -provided application for exemption/variance with the city water department within five (5) days after a particular drought response stage has been invoked. All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s) of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. Page 11 (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three (3) business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city manager within five (5) business days from issuance of denial. The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156. (g) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. - Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (e) (f) Page 12 (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Pian as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00) per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000) gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant, designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. Page 13 (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit, the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g• A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter) in the amount of three hundred thousand dollars ($300,000.00) per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water -tight and shall be so closed during transport of effluent water; and shall be maintained in a leak -proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed -site containers which shall be checked not less than every eight (8) hours. Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)), consistent throughout the effluent container. (3) (5) Page 14 (6) (7) (8) (9) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10 -point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(p.m.)]. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (1) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note— Formerly numbered § 55-158. Sec. 55-158. - Operations plan for reservoir system. Page 15 To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) in order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity. (3) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) in the event that the triggering criterion specified in section 55-152 for Stage 3 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11,039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or (3) Page 16 c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half (3.5) times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. Page 17 b. Variances granted shall expire when the pro -rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Editor's note— Formerly numbered § 55-159.1. Section 2. That the Drought Contingency Plan adopted by Ordinance No. 029846 and amended by Ordinance 030545 be amended to reflect these changes to Section 55-152 and 55-153, and the amended Drought Plan be filed of record with the City Secretary's office. City staff is directed to submit the amended drought plan to the Texas Commission on Environmental Quality and as required by law. Staff is directed to submit a copy of the revisions to Section 55-152 and 55-153 to wholesale water customers. Section 3. This ordinance shall be published in newspaper of general circulation. This Ordinance takes effect upon date of publication. Section 4. Severability it is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017. by the following vote: Mayor McComb Rudy Garza Paulette Guajardo Michael Hunter Council Member Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Page 18 Mayor McComb Rudy Garza Paulette Guajardo Michael Hunter Council Member Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 19 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water - supply shortage or other water -supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water -supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on May 23th 2017 and was adopted by ordinance on May 30, 2017. The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller -Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 8.1. Stage 1 — Mild Water Shortage Watch Requirements for initiation — Customers shall be requested to voluntarily conserve water and adhere to prescribed restrictions on certain water used when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40%.. Requirement for termination — Stage 1 of the DCP may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60% or Lake Texana storage level increases above 50%. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. 8.2. Stage 2 — Moderate Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 2 of the DCP may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. 8.3. Stage 3 — Severe Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the DCP may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. 8.4. Stage 4 — Critical Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of the DCP when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the DCP may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. 8.5. Stage 5 — Emergency Water Shortage Condition Requirements for initiation — Customers shall be required to comply with requirements and restrictions for Stage 5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller -Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers • Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. Drought Stage Response CCR/LCC Combined Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is <40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% 10.1. Stage 1 Response — MILD Water Shortage Watch Target: Achieve a voluntary 5% reduction in daily treated water demand relative to treated water demand with the water use restrictions below.. Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non -potable uses to the greatest extent possible. The City will prioritize sources of supply not impacted by drought conditions, when available, including interruptible supplies from Lake Texana during times when Lake Texana water level is at or above 43 feet mean sea level in accordance with Lavaca-Navidad River Authority (LNRA) contract. Water Use Restrictions for Reducing Demand (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The City Manager, or designee, will determine the watering schedule. (b) All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the DCP. (c) Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. 10.2. Stage 2 Response — MODERATE Water Shortage Conditions Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: • Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage 2: a) Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. c) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not be subject to these regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.3. Stage 3 Response — SEVERE Water Shortage Conditions Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Utitlities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. Optional Measures: During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.4. Stage 4 Response — CRITICAL Water Shortage Conditions Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless non -city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. Optional Measures: During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.5. Stage 5 Response — EMERGENCY Water Shortage Conditions Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage 5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages 3 — 5 and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points or allocations and surcharges during Stages 3, 4, and 5 Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi - tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City -provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on May 30, 2017 following a public hearing during the regularly scheduled meeting of City Council on May 23, 2017. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55- 151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a)Stage 1 — MILD Water Shortage Watch Requirements for initiation — The City will recognize that a mild water shortage condition exists when the combined storage level declines below 50% or Lake Texana storage level declines below 40%.. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60% pr Lake Texana storage level increases above 50%. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1.. (b)Stage 2 — MODERATE Water Shortage Condition Requirements for initiation — The City will recognize that a moderate water shortage condition exists when the combined storage level declines below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 3 — SEVERE Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 3. (d)Stage 4 — CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 4. (e)Stage 5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or ii. Water production or distribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 16.8 Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each drought stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is 40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% Stage 1 — MILD Water Shortage Conditions Target: Achieve a voluntary 5% reduction in daily water demand for each wholesale customers utilizing City's water supply system. Best Management Practices for Supply Management: • The City will voluntarily coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from gates or outlet works. • The City will encourage each wholesale water customer to utilize alternative water sources voluntarily such as interconnections with another water system, temporary use of a water supply other than from the City's system, or use of reclaimed water for non -potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g. implement Stage 1 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stage 2 — MODERATE Water Shortage Conditions Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage 2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 2 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 2 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 — SEVERE Water Shortage Conditions Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non- essential water use (e.g. implement Stage 3 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 3 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 3 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 4 — CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non- essential water use (e.g. implement Stage 4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 5 — EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post -event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 4 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 3. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. Public Hearing: Ordinance Amending Chapter 55: Water Resource Management & Drought Contingency Plan Council Presentation May 23rd , 2017 Drought Contingency Plan Purpose • Conserve the available water supply • Protect and preserve public health, welfare, and safety • Minimize the adverse impacts of water supply shortage or other water supply emergency conditions Drought Contingency Plan State Requirement • Texas Commission of Environmental Quality (TCEQ) requires and implement a drought contingency plan (Texas Administrative Code (TAC) Title 30 Chapter §288) • Texas Water Development Board, State Water Implementation Fund for Texas application requirement for applications over $500,000 (TAC, Title 31 Chapter 5363, Subchapter A) Drought Contingency Plan Recommendations Five Drought Stages Drought Stage Response Stage 1- Mild CCR/LCC Combined Reservoir Storage Level 2015 Target Demand Reduction Levels 2015 CCR/LCC Combined Reservoir Storage Level 2017 Target Demand Reduction Levels 2017 Always in effect Not Applicable <50% or if Lake Texana is <40% 5% Stage 2- Moderate Stage 3- Severe 10% <80% <40% 10% <30% 15% <30% 15% Stage 4- Critical Stage 5- Emergency 30% <20% <20% 30% 50% Not Applicable Not Applicable 50% Drought Contingency Plan What does this mean for our customers today? • We are not in a Drought Stage • No water use restrictions • Only Water Conservation Measures — No irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought Contingency Plan Next Steps • Receive and consider comments from today's public hearing. • Make necessary revisions to ordinance for Second Reading and Approval by City Council on May 30th , 2017. AGENDA MEMORANDUM First Reading (Tabled) April 25, 2017 First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: TO: FROM: May 11, 2017 Margie C. Rose, City Manager Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Amending Chapter 57 of the Code of Ordinances to modify the auto wrecker ordinance and appropriating funds in revenue and expenditures CAPTION: Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of $20 per vehicle; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, and for publication. PURPOSE: These changes will cover numerous administrative costs incurred in the processing and releasing of impounded vehicles. The changes are offset due to revenue and expenditure appropriations being equal. BACKGROUND AND FINDINGS: The changes to the ordinance are: Sec. 57-249 — maximum auto wrecker service and storage fees. Adding subsection 4f. Administrative fee: add an administrative fee of $20 per vehicle recovered by owner to provide for the processing of paperwork. The fee increase will generate an additional $61,000 in revenue for the remainder of the current fiscal year to be used for additional personnel and improvements at the vehicle impound on Greenwood. Other impound yards across the State charge a similar fee. Total additional revenue generated by the $20 administrative fee and the procedural change is $61,000 for the remainder of the fiscal year. These funds will be appropriated in the Vehicle Impound budget to be used to enhance the impound process making it easier for customers to retrieve their impounded vehicles. Four (4) civilian FTE's will be added to the Police Department budget for 3 Vehicle Impound Control Officers and 1 Management Assistant. This will add to the existing eight (8) positions to allow for 24 hour a day, 7 day a week coverage. Additionally software will be purchased to allow customers to locate their vehicle and pay on- line, and improvements to the impound yard. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 61,000 145,000 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of $20 per vehicle; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, and for publication. Whereas, Texas Administrative Code Title 16, §85.722 allows a VSF operator to collect from a vehicle owner any fee that must be paid to a law enforcement agency, the agency's authorized agent, or a governmental entity; and Whereas, the City Council finds that $20 Administrative fee to be collected by the City from a vehicle owner is an authorized governmental or law enforcement fee pursuant to Texas Administrative Code Title 16, §85.722. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 57-249 of the Corpus Christ Code of Ordinances is revised to add subsection (4)(f) to read as follows: Administrative fee $20 per vehicle recovered by owner from City vehicle impound lot (only payable to City) SECTION 2. Section 57-249, Subsection (1) of the Corpus Christi Code of Ordinance is revised to read as follows: (1) Fees associated with Police -initiated nonconsent rotation list or incident management tows fees will be paid to the city at the city vehicle impound lot. SECTION 3. That $61,000 from the Administrative fee is appropriated to be used for four civilian full-time equivalent (FTE) personnel and software upgrades at the vehicle impound on Greenwood. SECTION 4. The FY 2016-2017 operating budget adopted by Ordinance No. 030965 is amended by increasing revenue and expenditures by $61,000. SECTION 5. This ordinance takes effect after official publication. SECTION 6. 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 7. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg©cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 One -Way Traffic Flow Along Rancho Vista Boulevard, South of Yorktown Boulevard to Future Extension of Oso Parkway CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. PURPOSE: The ordinance amendments will improve traffic operations, mobility, and safety along Rancho Vista Boulevard, Rancho Vista Boulevard West, and Rancho Vista Boulevard East which serve as the primary street networks within the Rancho Vista subdivision. BACKGROUND AND FINDINGS: Rancho Vista is a 330 + acre, residentially zoned, subdivision located south of Yorktown Boulevard and east of the future extension of Rodd Field Road. The City's Planning Commission approved the preliminary plat for this subdivision in 2004. Since 2004, the preliminary plat has been updated several times to show the revised cross sections of Rancho Vista Boulevard West and Rancho Vista Boulevard East and the configurations of proposed units within the subdivision. Changes to the cross section prompted the Homebuilder (Braselton Homes) and the Homebuilder's consulting engineering firm to meet with the City staff (Development Services and Street Operations -Traffic Engineering) to discuss the impact of those changes on traffic operations. The primary street networks within the subdivision consist of Rancho Vista Boulevard, Rancho Vista Boulevard West, and Rancho Vista Boulevard East. These streets provide connectivity to Yorktown Boulevard, to the north, and will provide connectivity to the future extension of Oso Parkway, to the south. Rancho Vista Boulevard is a 2 lane, undivided roadway with marginal access streets. This cross section exists for approximately 700' south of Yorktown Boulevard. At this point, a traffic circle was constructed as both a traffic calming and aesthetic feature which diverts onto either Rancho Vista Boulevard West or Rancho Vista Boulevard East. The cross section south of the traffic circle consists of a true "boulevard" section with Rancho Vista Boulevard West and Rancho Vista Boulevard East separated by a grassy median (private park). Traffic currently flows in both directions along existing segments of Rancho Vista Boulevard West and Rancho Vista Boulevard East north of the Laureles Drive/Stampede Drive intersection. Future segments, extending south towards Oso Parkway, are being designed with a narrower street width that can accommodate traffic flow in only one direction. The City Traffic Engineer recommended converting the entire portions of Rancho Vista Boulevard West and Rancho Vista Boulevard East to one-way traffic flow. Designating these segments as one-way will improve traffic operations and safety within the subdivision. Braselton Homes will be responsible for all costs associated with the change in designation of traffic, which includes signage and striping. The proposed ordinance was presented to and approved by the City's Transportation Advisory Commission (CTAC) on their January 23, 2017 meeting. ALTERNATIVES: Denial of the proposed one-way streets along Rancho Vista Boulevard West and Rancho Vista Boulevard East. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised regarding the one-way designation for portions of Third Street. "Sec. 53-250. - Schedule I—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. Street or Portion of Street Direction of Traffic Rancho Vista Boulevard West, between approximately 300' East of Dunn's Point and Oso Parkway Rancho Vista Boulevard East, between 200` East of Vaquero Drive and Oso Parkway 0( 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 by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Ben Molina Carolyn Vaughn Paulette M. Guajardo Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Ben Molina Carolyn Vaughn Paulette M. Guajardo Council Member PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Ott �i•09 FUTURE RANCHO VISTA BLVD. W. RANCHO VISTA BLVD. E. RANCHO VISTA BLVD W. RANCHO VISTA BLVD. sea N SCALE: N.T.S. AERIAL FLOWN 2014 RANCHO VISTA BLVD bawd"Alm Mom MIN MOM MEP NIA MEI IMF �l EXISTING SITE PLAN 0 NEMMEM MIEN MEM MIN ME EMI RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BETWEEN OSO PARKWAY & VAQUERO DR. W. RANCHO VISTA BLVD. FUTURE RANCHOtp E. RANCHO VISTA BLVD. VISTA BLVD et Often owl ___ _00/611011.111 �9s , W. RANCHO VISTA BLVD. 09 ^. 10 as RANCHO VISTA BLVD. E RANCHOVISTA BLVD. ? I o inn Ma =111111 EN INN111ME 0 PROPOSED SITE PLAN LEGEND EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE ■ ■ ■ ■ RANCHO VISTA ONE WAY LIMITS RANCHO VISTA DRIVE ONE WAY TRAFFIC FLOW SITE PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS w.r e 181 CORPUS CHRISTI SHIP CHANNEL 37 Q' LEOPARD AL 1.` L2300 /-�I 9�F SCALE: N.T.S. AERIAL FLOWN 2014 CORPUS CHRISTI BAY 9 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI N NAVAL AIR STATION FLOUR BLUFF RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BETWEEN LAURELAS DR & VAQUERO DR. LAGUNA MADRE RANCHO VISTA DRIVE ONE WAY TRAFFIC FLOW VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering Designating One -Way Traffic Flow - Rancho Vista Blvd (East & West) Council Presentation May 23, 2017 Project Vicinity �hrsti Engineering CORPUS CHRISTI BAY TEAS ARAI CORPUS airasn N SCALE; N.T.S. CORPUS CHRISM NAVAL M STATION RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW ENEDI AREIAS RR & VAUERU DR 2 Existing Traffic Circulation Corpus Ch 4111150Corpus Engineering r w aevcrc yr*e ew tr E. 3AICH, 11T, E_VC. ti T 14[ 1 LEGEND EXISTING TWO WAY TRAFFIC EXISTING SITE PLAN •••• RANCHOSEVISTAEONE YWAY TRAFFl ITS HANGS Proposed Traffic Circulation (.) Corpus Chr sti Engineering (o� ILL RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BE1WEEN OSO PARKWAY & VAQUERO DR. SCALE: N.T.S. y � = Li1E PAK-1D 404?1FL-mm -c*- - —e mG1-0 -.4eLn — �'.. 1�� E RAALHO'JI, B_VB. 7 I PROPOSED SITE PLAN LEGEND a EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE •••• RANCHO VISTA ONE WAY WITS Recommendations C*It) Corpus Chr sti Engineering • Designate Existing & Future Sections of Rancho Blvd West & Rancho Blvd East as One -Way Traffic Flow ➢ Rancho Vista Blvd (West) - 300' East of Dunri s Point and Oso Parkway ➢ Rancho Vista Blvd (East) - 200' East of Vaquero Drive to Oso Parkway 5 �hrsti Engineering Questions? AGENDA MEMORANDUM First Reading of Ordinance for the City Council Meeting of May 23, 2017 Second Reading of Ordinance for the City Council Meeting of May 30, 2017 DATE: May 8, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Amending Code of Ordinance to Eliminate Utility Account Transfer Fee in Certain Circumstances CAPTION: Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government -funded project; and providing for severance, publication, and an effective date. PURPOSE: The proposed amendment eliminates the assessment of a utility account transfer fee for existing utility customers in situations involving a government -funded project for which they are required to relocate. BACKGROUND AND FINDINGS: As part of the new Harbor Bridge project, citizens living in the Hillcrest area are being relocated through the Harbor Bridge buy-out program. Citizens have expressed concern over paying a fee to the City's Utility Business Office (UBO) for transferring utility services from their existing home to a new location in accordance to the City's Code of Ordinances. This amendment will eliminate the transfer fee when it relates to a relocation resulting from a government -funded project. ALTERNATIVES: Do not amend the Code of Ordinances and require an administrative utility account transfer fee in all instances. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Financial Services Utilities City Attorney's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable RECOMMENDATION: Staff recommends approval of this ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government -funded project; and providing for severance, publication, and an effective date. WHEREAS, Section 55-22 of the City's Code of Ordinances ("Code") requires the City's Utility Business Office to charge a $25 administrative utility account transfer fee each time an existing customer moves locations within the city regardless if the displacement and move from one location to another is necessitated due to a govern- ment project; WHEREAS, the City Council desires to eliminate the assessment of the admini- strative transfer fee under the narrow circumstances of this amendment; and WHEREAS, the City Council finds that this action is beneficial and necessary for the continued operation of an efficient, effective, and comprehensive City-wide utility system. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the amendment of the Code. Section 2. Section 55-22 of the City's Code of Ordinances is amended by inserting new language in subsection (b) where necessary, as follows: "Sec. 55-22. - Application or contract for service. "(a) The utility business office accounts manager is authorized to establish procedures to process and accept applications for utility service. "(b) An application or connection fee of twenty-five dollars ($25.00) is required for all applications for new service or transfers of service. However, no transfer fee will be assessed if the customer's request to transfer service is necessary due to a mandatory displacement caused by a federal-, state-, or City -funded project." Section 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section in this ordinance is declared invalid or unconstitutional by final decree or judgment of any court, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same would have been enacted by Page 1 of 2 the City Council without the incorporation into this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. Section 4. The City Secretary is directed to publish this ordinance in the official newspaper of the City of Corpus Christi in accordance with the requirements of the City Charter and State law. Section 5. This ordinance takes effect following final passage and publication as required by law. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED this the day of , 2017 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 30, 2017 Second Reading for the City Council Meeting of June 13, 2017 DATE: May 11, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code and the Corpus Christi Code of Ordinances related to carports CAPTION: Ordinance amending the Unified Development Code related to carports by revising subsections 1.113 "Defined Terms," 3.12.1 "Applicability," 4.2.5.6 "Types of Yards," and 5.3.2 "Specific Accessory Uses and Structures;"; amending the Corpus Christi Code of Ordinances Chapter 14, Article XIII "Development Services Fees" subsection 14-1306 Special Fees and subsection 14-1361 Zoning Ordinace Fees; providing for severance; providing for penalties; providing for publication; and providing an effective date. PURPOSE: Allow existing carports to remain in the front yard setback and create a process for new carport construction in the front yard setback. RECOMMENDATION: Staff and Planning Commission recommend approval of the proposed ordinance as presented. BACKGROUND AND FINDINGS: For many years, there has been a requirement of a 20 ft. to 25 ft. Front Yard requirements on most typical residential lots. The Front Yard criteria prohibits any structure to encroach in or into the Front Yard area. Most typical residential homes are built at the edge of the Front Yard and typical homes have garages and garage door facing the front of the home. Because of this typical home design and because of the Front Yard requirements, most carports cannot be built it in the front yard. Recently, several citizens have come forward requesting permits to build carports in the Front Yard. Unfortunately, a permit cannot be issued due to the Front Yard requirements. Development Services recognizes that carports are a needed option for many homeowners in the community and would like to allow the use of carports in the Front Yard setback based on the proposed criteria which includes life and safety. ALTERNATIVES: 1. Approve 2. Approve with Conditions. 3. No action. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Ordinance would update the UDC to allow the use of carports in the Front Yard setback. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code related to carports by revising subsections 1.11.3 "Defined Terms," 3.12.1 "Applicability," 4.2.5.B "Types of Yards," and 5.3.2 "Specific Accessory Uses and Structures;"; amending the Corpus Christi Code of Ordinances Chapter 14, Article XIII "Development Services Fees" subsection 14-1306 Special Fees and subsection 14-1361 Zoning Ordinace Fees; providing for severance; providing for penalties; providing for publication; and providing an effective date. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2016, during a meeting of the Planning Commission, and on Tuesday, May 10, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1 "General Provisions," subsection 1.11.3 "Defined Terms," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Article 1. General Provisions 1.11 Definitions 1.11.3 Defined Terms Carport: A roofed structure with three or more open sides used for vehicle shelter and parking. A carport may either be free standing or attached to the primary building. SECTION 2. UDC Article 3 "Development Review Procedures," subsection 3.12.1 "Applicability," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below: Article 3 Development Review Procedures 3.12 Special Use Exception 3.12.1. Applicability D. A Special Use Exception in accordance with the additional criteria of Section 5.3.2.H shall be required for a carport located in the minimum street yard setback of a property zoned for single-family residential uses SECTION 3. UDC Article 4 "Base Zoning Districts," subsection 4.2.5.B "Types of Yards," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below: Article 4. Base Zoning Districts 4.2 Measurements 4.2.5.6 Types of Yards 4. Private garages and carports detached or attached to the main building, which are entered from the street or alley, shall maintain a minimum setback of 20 feet in front of the garage or carport from such strcct the property line. (Refer to subsection 5.3.2.H for carport standards through Special Use Exception process). SECTION 4. UDC Article 5 "Use Regulations," subsection 5.3.2 "Specific Accessory Uses and Structures" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below: Article 5 Use Regulations 5.3 Accessory Uses and Structures 5.3.2 Specific Accessory Uses and Structures 5.3.2.H. Carports Guiding Principals Carports may be permitted through the Special Use Exception (SUE) process, outlined in Section 3.12, in the minimum street yard setback of properties zoned for single-family residential uses. The following criteria shall be considered during SUE review: a. Carports shall keep with the existence, location, and design of other carports in the immediate vicinity of the requested carport; and b. Carports shall not cause sight obstructions to motorists on or entering the abutting neighborhood. Standards Any carport that is permitted to occupy a portion of the required front yard shall comply with the following restrictions: @BCL@78057CAD Page 2 of 5 a. Carports shall have dimensions no greater than 20 feet in length by 20 feet in width. b. No portion of a carport structure shall be five feet from the side lot line. c. The minimum height of a support structure for the carport shall be eight feet. The overall height of the carport shall not exceed the height of the primary structure. All heights shall be measured from the highest ground elevation at the wall of the carport. d. All sides of a carport that are within the required front yard shall be open and unobstructed, except for support columns, which in total shall not obstruct more than 15 percent of the area of any side. e. The entire area under a carport shall only be used to park operable and properly licensed vehicles (i.e., cars, pickup trucks, vans, sport utility vehicles, boats, campers, etc.) that are customarily incidental to the residential use of the property. Storage of household or vehicular items shall be prohibited. f. Carports shall only be permitted when covering an appropriate all-weather driveway surface (i.e. concrete or asphalt) designed for vehicle parking. SECTION 5. Corpus Christi Code of Ordinances, Chapter 14, Article XIII "Development Services Fees" subsection 14-1306 Special Fees is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-1306. - Special fees. (n) Existing Carport Registration Fee — a $50 fee shall be accessed for any existing car that is being registered with the City and exists prior to June 1, 2017. SECTION 6. Corpus Christi Code of Ordinances, Chapter 14, Article XIII "Development Services Fees" subsection 14-1361 Zoning Ordinace Fees is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below:: Sec. 14-1361. - Zoning ordinance fees. Existing Carport Board of Adjustment Fee — $318.00 SECTION 7. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite @BCL@78057CAD Page 3 of 5 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 8. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 9. 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. SECTION 10. This ordinance is effective immediately upon publication @BCL@78057CAD Page 4 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor @BCL©78057CAD Page 5 of 5 Unified Development Code Amendment Allowing Carports in the Front Yard Setback City Council Presentation May 30, 2017 Carports - Background For many years, there has been a requirement of a 20 ft. to 25 ft. Front Yard requirements on most typical residential lots. The Front Yard criteria prohibits any structure to encroach in or into the Front Yard area. Most typical residential homes are built at the edge of the Front Yard and typical homes have garages and garage door facing the front of the home. Thus, most carports are placed in the front yard. Because of this typical home design and because of the Front Yard requirements, most carports cannot be built it in the front yard. Carports - Background Recently, several citizens have come forward requesting permits to build carports in the Front Yard. Unfortunately, a permit cannot be issued due to the Front Yard requirements. Development Services recognizes that carports are a needed option for many homeowners in the community and would like to allow the use of carports in the Front Yard setback based on the proposed criteria which includes life and safety. Recommendations: Existing Carports: • Remove the Zoning Requirement • Require WPI -2 Certification for State Windstorm Requirements • Basic Site Plan and at least 4 Photographs of existing carport showing location on property. • $50 — One Time Registration Fee Recommendations: New Carports: • Board of Adjustment Review • Half -fee for Board of Adjustment - $318 • Standard Building Permit — Fee based on cost, size, etc. • Standard Windstorm Certification Process AGENDA MEMORANDUM Action item for the North Padre Island Development Corporation Meeting of May 30, 2017 DATE: May 11, 2017 TO: Board of Directors North Padre Island Development Corporation FROM: Keith Selman, Assistant City Manager KeithseQcctexas.com (361) 826-3232 Special North Padre Island Development Corporation Meeting CAPTION: Special meeting of the North Padre Island Development Corporation PURPOSE: Consider a motion regarding the approval of funds for a one-year agreement with Texas A&M — Corpus Christi for monitoring of the Packery Channel. BACKGROUND AND FINDINGS: Packery Channel Monitoring Contract: Motion recommending that City Council approve a one year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745. ALTERNATIVES: Not approve contract. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISAC" Watershore and Beach Advisory Commitee City of Corpus Christi Engineering Department City of Corpus Christi Finance Department City of Corpus Christi Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $257,745 $257,745 Encumbered / Expended Amount This item BALANCE $257,745 Fund(s): Comments: NA RECOMMENDATION: Approve the monitoring contract. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda Minutes Treasurer's Report TIRZ #2 Budget Monitoring Contract Date: Time: Location: AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION SPECIAL MEETING Tuesday, May 30, 2017 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. President Greg Smith to call the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Greg Smith, President Joe McComb, Vice President Lucy Rubio Rudy Garza Michael Hunter Ben Molina Carolyn Vaughn Paulette Guajardo Officers Margie C. Rose, General Manager Keith Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Approve minutes from the Board meeting on January 17, 2017 4. Treasurer's Report 5. Public comment. 6. Motion approving a one-year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745. 7. Adjourn. Corpus Christi Meeting Minutes 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com North Padre Island Development Corporation Tuesday, January 17, 2017 9:30 AM Council Chambers A. City Secretary Rebecca Huerta to call the meeting to order. City Secretary Rebecca Huerta called the meeting to order at 9:30 a.m. B. City Secretary Rebecca Huerta to call roll of the Corporation Directors. City Secretary Huerta called the roll and verified that a quorum of the Corporation was present to conduct the meeting. (Note: Mr. Molina arrived at 10:12 a.m.) Present 7 - Greg Smith, Lucy Rubio, Rudy Garza, Michael Hunter, Joe McComb, Ben Molina, and Carolyn Vaughn Absent 2 - Paulette Guajardo, and Dan McQueen C. ELECTION OF OFFICERS: 1. Election of Officers to the North Padre Island Development Corporation. City Secretary Huerta referred to Item 1, election of officers. Mr. McComb made a motion to appoint Greg Smith as President, seconded by Mr. Hunter and passed unanimously. Mr. Garza made a motion to appoint Joe McComb as Vice President, seconded by Ms. Rubio and passed unanimously. Mr. Garza made a motion to appoint Rebecca Huerta as Secretary, Paul Pierce as Assistant Secretary, Constance Sanchez as Treasurer, and Alma Casas as Assistant Treasurer, seconded by Mr. McComb and passed unanimously. D. MINUTES: 2. Regular Meeting of July 22, 2014 President Smith referred to approval of minutes. Mr. Garza made a motion to approve the minutes, seconded by Ms. Vaughn and passed unanimously. E. FINANCIAL REPORT: 3. TIRZ #2 Financial Reports for October 31, 2016 and November 30, Corpus Christi Page 1 Printed on 2/22/2017 North Padre Island Development Corporation Meeting Minutes January 17, 2017 2016. President Smith referred to Item 3. Director of Financial Services Constance Sanchez presented the Reinvestment Zone #2 Financial Report and Packery Channel projections. Corporation members discussed the following topics: the reason for the low interest earnings; options for changing investments; the bond financial advisor; refunding the bonds; whether the capital projects fund balance is committed to projects; and the six pack projects. F. EXECUTIVE SESSIONS: (NONE) G. AGENDA ITEMS: 4. Resolution recommending adoption of an amendment to the Tax Increment Reinvestment Zone #2 Revised Project and Financing Plan Resolution recommending adoption of an amendment to the Revised Project and Financing Plan (PLAN) for the Reinvestment Zone Number Two, City of Corpus Christi, dated January 17, 2017, regarding Park Road 22 Bridge Project, Packery Channel Monitoring and Improvements, and Budget Approval Process; and recommending approval of the PLAN by the City Council. President Smith referred to Item 4. Assistant City Manager Jay Ellington stated that the purpose of this item is to adopt an amendment to the Tax Increment Reinvestment Zone #2 Revised Project and Financing Plan. Assistant City Manager Ellington presented the following information: the North Padre Island Development (NPID) Corporation and Tax Reinvestment Zone No. 2 (TRIZ #2) background and membership; the TRIZ #2 financial summary; project plan additions for Park Road 22 Bridge and Packery Channel Monitoring; and future action on the Packery Channel Six Pack Projects. Corporation members discussed the following topics: consolidation of the NPID and TRIZ #2; clarification on the financial projections growth rate; the bond funding for Park Road 22 Bridge; the $4 million shortfall to build the Park Road 22 Bridge; whether there is a requirement to monitor Packery Channel; how often monitoring is conducted at Packery Channel; history of Packery Channel monitoring over last 10 years; using the recommended monitoring funds for six pack projects; rescoping the six pack restrooms with portable toilets; a background on the six pack; whether there is an obligation to complete the six pack projects; the original bond language and initial purpose of the bonds; recommendations from the Island Strategic Action Committee (ISAC) and Watershore & Beach Advisory Committee on a list of options for the six pack projects; the reason the NPID and TRIZ #2 have not met; the scope of duties and composition of ISAC; comments on the navigational surveys; request for additional information on what other areas are doing for monitoring; a cost analysis and plan for the six pack project; and consideration to table this item. Corpus Christi Page 2 Printed on 2/22/2017 North Padre Island Development Corporation Meeting Minutes January 17, 2017 President Smith referred to comments from the public. Libby Edwards, Chair of the ISAC, spoke regarding the ISAC's unanimous support for the expenditure of $4 million to construct Park Road 22 Bridge and tabling the monitoring. Carter Tate, ISAC member, spoke in support of funding Park Road 22 Bridge. Mr. McComb made a motion to table Item 4 to the next scheduled meeting, seconded by Ms. Rubio and passed unanimously (Guajardo and McQueen - absent). H. PRESENTATION ITEMS: 5. Discussion of Future Meeting Dates President Smith referred to Item 5. There was a general consensus of the Corporation to hold the next meeting on February 21, 2017. I. PUBLIC COMMENT: J. ADJOURNMENT None. The meeting was adjourned at 10:34 a.m. " Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant laws, and the Board of Directors may deliberate and vote upon any such subject and resolutions related thereto. Any descriptions of property or amounts stated in this agenda are descriptive and not restrictive, and property and amounts may be changed in the motions, actions or documents. In addition to other items listed in this agenda, policies and procedures of this corporation, legal analysis of any items, policies or procedures, and any items that are currently receiving funding from this corporation may be discussed and deliberated and these matters are added as subjects of discussion to this meeting. This agenda has been reviewed and approved by the attorney for the governing body, and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for this corporation indicating that said subject or description thereof may be legally discussed in a closed meeting. Corpus Christi Page 3 Printed on 2/22/2017 REINVESTMENT ZONE #2 FUND #1111 BALANCE SHEET March 31, 2017 ASSETS Cash and cash equivalents Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund balance Restricted North Padre Island Development Total fund balance $ 10,184,645 10,184, 645 10,184, 645 10,184, 645 Total liabilities and fund balances $ 10,184,645 REINVESTMENT ZONE #2 FUND #1111 INCOME STATEMENT March 31, 2017 Revenues Taxes and business fees $ 3,401,910 Earnings on investments 357 Total revenues 3,402,268 Expenditures Community enrichment Debt service Interest Total expenditures 27,572 176,850 204,422 Excess (deficiency) of revenues over (under) expenditures 3,197,846 Other financing sources (uses) Transfer out Total other financing sources (uses) (5,825) (5,825) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other uses 3,192,021 Fund balance at beginning of year 6,992,624 Fund balance at March 31, 2017 $ 10,184,645 Reinvestment Zone Number TWo City of Corpus Christi Texas Packery Channel Projections - Using 5% Increase in TIF Collections Fiscal Year 2016-2017 Tax FYE Beginning NM Taxable Captured Value TIF Interest Total Annual cashding Ending TMal Ending CUMULATIVE Year TIF Fund Values Real Collections EarningsOees Project Flow TI Fu. Cagtal Projects TIF Fund Balance Dredging Maintenance e Balance Propery Expenses Expenses Balance Fund Balance Reserve Reserve Reserve Other Projects 2000 2001 $ 82,695,893 (1) - 2001 2002 $ 92,086,188 $ 10,905,193 $ 163,482 $ 354 $ 111,712 $ - 9 52,124 $ 52,124 $ - Agrees to CAM $ 52,124 2002 2003 $ 52,124 $ 101,265,608 $ 20,531,573 $ 281,039 $ 1,544 $ 58,594 $ - $ 223,989 $ 276,113 $ 963,594 Agrees tocAFo $ 1,239,707 2003 2004 $ 276,113 $ 111,377,838 $ 31,242,521 $ 460,542 $ 2,658 $ 168,833 $ - $ 294,367 $ 570,480 $ 464,836 Agrees toCAM $ 1,035,316 $3,000,000 2004 2005 $ 570,480 $ 148,690,968 $ 69,016,056 $ 1,015,239 $ 15,930 $ 503,177 $ - $ 527,992 $ 1,099472 $ 462,430 Agrees to CAM $ 1,560,902 $3,000,000 2005 2006 $ 1,099472 $ 173,610,137 $ 91,012,532 $ 1,333,540 $ 58,540 $ 672,150 $ - $ 719,930 $ 1,819402 $ 632,953 Agrees tocAFo $ 2,451,355 $3,000,000 2006 2007 $ 1,818,402 $ 252,025,820 $ 170,293,479 $ 2,332,093 $ 127,129 $ 817,482 $ - $ 1,641,740 $ 3,460,142 $ 79,997 Agrees tocAFn $ 3,540,139 $3,000,000 $ 540,139 2007 2008 $ 3,460,142 $ 345,361,546 $ 263,629,205 $ 2,851,595 $ 143,028 $ 1,316,295 $ - $ 1,678,328 $ 5,138,470 $ 168,074 AgrestocAFR $ 5,306,544 $3,000,000 $ 2,306,544 2008 2009 $ 5,138,470 $ 411,201,302 $ 328,505,409 $ 3,601,895 $ 24,525 $ 784,763 $ 1,123,035 $ 1,718,622 $ 6,857,092 $ 28,233 Agnea to cAFlx $ 6,885,325 91,500,000 $ 5,385,325 2009 2010 $ 6,857,092 $ 391,127,739 5 305,772,760 $ 3,357,599 $ 29 $ 775,293 $ 1,080,730 $ 1,501,605 $ 8,358,697 $ - AgreatocoFo $ 8,358,697 $1,500,000 $ 1,400,000 $ - $ 5,458,697 2010 2011 $ 8,358,697 $ 330,788,907 $ 249,503,484 $ 2,803,583 $ 3,167 $ 1,157,358 $ 3,940,583 $ (2,291,191) $ 6,067,506 $ 900,517 Agrees to CAM $ 6,968,023 $1,500,000 $ 1,400,000 $ - $ 4,068,023 2011 2012 $ 6,067,506 $ 299,932,835 $ 218,546,042 $ 2,399,907 $ 542 $ 1,224,045 $ 2,634,725 $ (1,458,321) $ 4,609,185 $ 1,072,652 Agrees tocAFM $ 5,681,837 91,500,000 92,500,000 $ 500,000 $ 1,181,837 2012 2013 $ 4,609,185 $ 319,401,639 $ 230,460,941 $ 2,513,028 $ - $ 1,189,008 $ 1,020,332 $ 303,689 $ 4,912,874 $ 1,242,938 AgreestoCAM $ 6,155,812 91,500,000 92,912,874 $ 500,000 $ 1,242,938 2013 2014 $ 4,912,874 $ 327,772,541 $ 238,911,352 $ 2,632,938 $ 99 $ 2,321,958 $ 159,762 $ 151,317 $ 5,064,191 $ 957,280 Agrees to CAM $ 6,021,471 $1,500,000 $3,064,191 $ 500,000 $ 957,280 2014 2015 $ 5,064,191 $ 362,775,885 $ 273,365,948 $ 2,880,930 $ 2 $ 1,267,694 $ 1,695,498 $ (82,260) $ 4,981,931 $ 2,363,453 Agrees to CAM $ 7,345,384 $1,500,000 $2,981,931 $ 500,000 $ 2,363,453 2015 2016 $ 4,981,931 $ 409,700,308 $ 327,004,415 $ 3,405,002 $ 511 $ 1,310,344 $ 84,476 $ 2,010,693 $ 6,992,624 $ 2,021,572 Agrees toCAM $ 9,014,196 $1,500,000 $4,000,000 $ 500,000 $ 3,014,196 2016 2017 $ 6,992,624 $ 435,126,626 $ 352,430,733 $ 3,575,252 $ - $ 1,349,700 $ 110,41. $ 2,115,091 $ 9,107,715 $ 2,005,716 adopted oudget $ 11,113,431 $ 1,500,000 $4,000,000 $ 500,000 $ 5,113,431 2017 2018 $ 9,107,715 $ 3,754,015 $ - $ 1,389,150 $ 790,206 $ 1,574,659 $ 10,682,373 $ 2,005,716 $ 12,688,089 $1,500,000 94,000,000 $ 500,000 $ 6,688,089 2018 2019 $ 10,682,373 $ 3,941,715 $ - $ 1,511,000 $ 3,620,44 $ (1,189,746) $ 9,492,628 $ 2,005,716 $ 11,498,344 $1,500,000 $4,000,000 $ 500,000 $ 5,498,344 2019 2020 $ 9,492,628 $ 4,138,801 $ - $ 1,615,200 $ 510,000 $ 2,013,601 $ 11,506,229 $ 2,005,716 $ 13,511,945 $1,500,000 $4,000,000 $ 500,000 $ 7,511,945 2020 2021 $ 11,506,229 $ 4,345,741 $ - $ 1,707,200 $ 510,000 $ 2,128,541 $ 13,634,770 $ 2,005,716 $ 15,640,486 $1,500,000 $4,000,000 $ 500,000 $ 9,640,486 2021 2022 $ 13,634,770 $ 4,563,028 $ - 5 1.687.225 $ 510,000 $ 2,365,803 $ 16,000,573 $ 2,005,716 $ 18,006,289 $1,500,000 $4,000,000 $ 500,000 $ 12,006,289 $ 56,350,964 5 378,058 5 22,938,181 $ 17,790,269 $ 16,000,573 Including released bond reserve $ 13,506,289 (1) - Obtained from the TIF Detail Report for 2008 from the Nueces County Tax Office Recap of Expenditures for FY 2015-2016 Recap of Expenditures for FY 2016-2017 Recap of Expenditures for FY 2017-2018 Packery Channel Miscellaneous Improvements $ - Packery Channel Miscellaneous Improvements $ - Packery Channel Miscellaneous Improvements $ 367,745 Marina Patrol $ 55,898 Funding for Park Road 22 Bridge $ - Packery Channel Restrooms, Phase 3 312,000 Administrative Costs $ 28,578 Marina Patrol $ 98,812 Marina Patrol 98,812 Total $ 84,476 Administrative Costs $ 11,649 Administrative Costs 11,649 Total Total $ 790,206 Recap of Expenditures for FY 2018-2019 Packery Channel Miscellaneous Improvements $ 510,000 Marina Patrol $ 98,812 Administrative Costs $ 11,649 Dredging of Channel $ 3,000,000 Total 'l$ 3,620,461 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16336 Packery Channel Monitoring 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) and Texas A & M University — Corpus Christi, a Texas public university, 6300 Ocean Dr., Corpus Christi, Nueces County, Texas 78123, (TAMU-CC), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE 11 — COMPENSATION 2 ARTICLE III — TIME AND PERIOD OF SERVICE 3 ARTICLE IV — INSURANCE REQUIREMENTS 4 ARTICLE V — TERMINATION OF AGREEMENT 4 ARTICLE VI — RIGHT OF REVIEW AND AUDIT 5 ARTICLE VII — OWNER REMEDIES 5 ARTICLE VIII — TAMU-CC REMEDIES 5 ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 6 ARTICLE X — MISCELLANEOUS PROVISIONS 7 Page 1 ARTICLE I — SCOPE OF SERVICES 1.1 TAMU-CC shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for TAMU-CC to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article X of this Agreement. 1.2 TAM U -CC shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 TAMU-CC shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by TAMU-CC to perform work pursuant to this Agreement shall be employees or subconsultants of TAMU-CC. TAMU-CC must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in TAM U -CC's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 TAM U -CC shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, eitherTAMU-CC or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 TAMU-CC will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. ARTICLE II — COMPENSATION 2.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $257,745. The Compensation listed includes a contingency in the amount of $75,886, which may be used at the City's discretion for additional or emergency services. The contingency cannot be paid to TAMU-CC unless the additional or emergency services are approved by the City in writing in advance. 2.2 TAM U -CC's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. TAMU-CC shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and TAMU-CC agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 2.3 TAM U -CC agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 2.4 The Director of Engineering Services may request the TAMU-CC 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. TAMU-CC shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include TAM U -CC's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any Page 2 reimbursable expenses associated with the work. City will make prompt monthly payments in response to TAMU- CC's monthly invoices. 2.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 2.7 TAM U -CC certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. TAMU-CC further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of TAM U -CC's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of TAM U -CC or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. 2.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to TAMU-CC." 2.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which TAMU-CC is responsible, because of: 2.9.1 delays in the performance of TAMU-CC's work; 2.9.2 failure of TAMU-CC to make payments to subconsultants or vendors for labor, materials or equipment; 2.9.3 damage to City; or 2.9.4 persistent failure by TAMU-CC to carry out the performance of its services in accordance with this Agreement. 2.10 When the above reasons for withholding are removed or remedied by TAMU-CC, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 2.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, TAMU-CC shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event TAM U -CC does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 2.12 Request of final compensation by TAMU-CC shall constitute a waiver of claims except those previously made in writing and identified by TAMU-CC as unsettled at the time of final Payment Request. 2.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct TAMU-CC to suspend work pending receipt and appropriation of funds. ARTICLE III — TIME AND PERIOD OF SERVICE 3.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date) and approval of City Council. 3.2 This service shall be for a period of one year beginning on the Effective Date. Page 3 3.3 TAM U -CC agrees to begin work on those authorized 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 TAM U -CC and written authorization is provided by the Director of Engineering Services. 3.4 Time is of the essence for this Agreement. TAMU-CC shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. TAM U -CC and City are aware that many factors may affect the TAM U -CC's ability to complete the services to be provided under this agreement. TAMU-CC must notify the City within three business days of becoming aware of a factor that may affect TAMU-CC's ability to complete the services hereunder. 3.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 TAMU-CC must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. TAMU-CC must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE V — TERMINATION OF AGREEMENT 5.1 By TAM U -CC: 5.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. TAM U -CC may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 5.1.2 TAMU-CC must follow the Termination Procedure outlined in this Agreement. 5.2 By City: 5.2.1 The City may terminate this agreement for convenience upon seven days' written notice to TAMU- CC at the address of record. 5.2.2 The City may terminate this agreement for cause upon ten days' written notice to TAMU-CC. If TAM U -CC begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If TAM U -CC again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days' written notice to the TAM U -CC with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by TAMU-CC for up to two years. 5.3 Termination Procedure 5.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or TAM U -CC takes action to cure a failure to perform under the cure period, TAMU- CC shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless TAM U -CC has successfully cured a failure to perform, TAM U -CC shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. Page 4 5.3.2 TAMU-CC shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 5.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, TAMU-CC will be compensated for its services based upon a Time & Materials calculation or TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 5.3.4 TAMU-CC acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of TAMU-CC to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by TAM U -CC of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VI — RIGHT OF REVIEW AND AUDIT 6.1 TAM U -CC grants City, or its designees, the right to audit, examine or inspect, at City's election, all of TAMU- CC's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. TAMU-CC agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 6.2 TAMU-CC's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (TAM U -CC's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and TAMU-CC's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 6.3 City agrees that it shall exercise the right to audit, examine or inspect TAMU-CC's Records only during TAMU-CC's regular business hours. TAMU-CC agrees to allow City's designee access to all of TAMU-CC's Records, TAM U -CC's facilities and TAM U -CC's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. TAMU-CC also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 6.4 TAMU-CC shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VII — OWNER REMEDIES 7.1 The City and TAMU-CC agree that in the event the City suffers actual damages as a result of material breach of this Agreement by TAMU-CC, the City may elect to pursue its actual damages and any other remedy allowed by law. ARTICLE VIII — TAMU-CC REMEDIES 8.1 If TAMU-CC is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond TAMU-CC's reasonable control, then the City shall excuse the failure for the duration of the event and for such a time as is reasonable to allow TAMU-CC to resume performance under this Agreement. Page 5 8.2 If TAM U -CC requests a remedy for a condition not specified above, TAMU-CC must file a Claim as provided in this Agreement. ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 9.1 Filing of Claims 9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 9.1.2 Every Claim of TAM U -CC, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the TAM U -CC by his/her signature, verifying the truth and accuracy of the Claim. 9.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 9.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to TAMU-CC. If TAMU-CC is not satisfied with the proposal presented, TAMU-CC will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 9.2 Alternative Dispute Resolution 9.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 9.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 9.2.3 Mediation 9.2.3.1 In the event that City or TAMU-CC shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 9.2.3.3 In the event City and TAMU-CC are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. Page 6 9.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 9.3 City shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for a breach of contract made by the City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract to TAMU-CC's designated official, who will examine City's claim and any counterclaim and negotiate with City in an effort to resolve the claim. 9.4 TAM U -CC and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 9.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE EITHER PARTY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE X — MISCELLANEOUS PROVISIONS 10.1 Use of Local Expertise/Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 10.2 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of TAM U -CC staff. This includes subcontracts entered into for services under this Agreement. If the TAMU-CC is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the TAMU-CC fee may be assigned in advance of receipt by the TAMU-CC 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. 10.3 Ownership of Intellectual Property. 10.3.1 "Intellectual Property" means know-how, copyrights, patents, trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions, software, and other intellectual property. 10.3.2 "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice in the performance of a this Agreement. 10.3.3 Ownership of Project IP will be as follows: 10.3.3.1 Title to any Project IP made or conceived solely by TAM U -CC personnel vests in TAM U -CC. 10.3.3.2 Title to any Project IP made or conceived solely by City personnel vests in City. Page 7 10.3.3.3 Title to any Project IP made or conceived jointly by personnel of both TAM UC - CC and City ("Joint IP") vests jointly in TAMU-CC and City. 10.3.4 In the absence of a written agreement to the contrary, TAMU-CC and City will be independent owners of any corresponding patent rights in any Joint IP under 35 USC §262 with no obligation of accounting to one another. 10.3.5 TAMU-CC grants City an irrevocable, royalty -free, non -transferable, nonexclusive right and license to use, reproduce, display, perform and otherwise practice without restriction any copyrightable materials (technical data, reports, etc.) delivered by TAM U -CC under a Task Order. 10.3.6 Nothing in this Agreement grants either party any rights to any of the other party's Intellectual Property that is not Project IP. 10.4 Standard of Care. Services provided by TAMU-CC under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent professional. 10.5 Disclaimer of Warranties. TAM U -CC makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success or particular results of the Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Project results or any Project IP or that the use of any Project IP or Project results will not infringe any intellectual property right of a third party. 10.6 Licensing. TAMU-CC shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 10.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and TAMU-CC and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and TAMU-CC. 10.8 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 10.9 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.10 Conflict Resolution Between Documents. TAMU-CC hereby agrees and acknowledges if anything contained in TAMU-CC-prepared Exhibit A, Scope of Services or in any other document prepared by TAMU-CC and included herein, is in conflict with the terms of this Agreement, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 8 CITY OF CORPUS CHRISTI TEXAS A & M UNIVERSITY — CORPUS CHRISTI J.H. Edmonds, P. E. Date Luis A. Cifuentes Director of Engineering Services Vice -President, Division of Research, Commercialization and Outreach 6300 Ocean Drive, Unit 58436 Corpus Christi, TX 78412-5843 (361) 825-3881 Office (361) 825-3920 Fax luis.cifuentes@tamucc.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Number Accounting Unit Account Activity Account Category Fund Name Date Page 9 EXHIBIT A SCOPE OF SERVICES {{Insert Proposal & Scope of Services from A/E}} Contract for Professional Services Exhibit A EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional Services Exhibit A-1 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 EXHIBIT B SAMPLE PAYMENT REQUEST FORM 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 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The TAMU-CC must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 EXHIBIT C Insurance Requirements Geotechnical and Construction Materials Testing Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) 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 listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have Contract for Professional Services Exhibit C extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 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. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 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: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, 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. Contract for Professional Services Exhibit C 1.8 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 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 agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: TO: May 12, 2017 Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manager KeithSe@cctexas.com (361) 826-3898 FROM: Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Contract for Professional Services Packery Channel Monitoring CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for professional services with Texas A & M University - Corpus Christi (TAMU-CC) in the amount of $257,745 for Packery Channel Monitoring. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an agreement with TAMU-CC to continue monitoring services of Packery Channel. BACKGROUND AND FINDINGS: The Packery Channel provides an outstanding feature for our community for natural habitat, navigation and recreational opportunities. The Channel monitoring was a USACE Permit requirement to study the effects of tidal flow and eddy currents that cause shoaling and scour. This information is then used to determine future dredging requirements to maintain the navigable waterway. The monitoring began in 2003 with Texas A&M University - Corpus Christi (TAMU-CC) as part of the City's initiative to support research based management of this system. As a result of the monitoring, it was discovered that the anticipated dredging requirements were substantially different than originally projected. The scour from the eddy currents and tidal flows better "flush" channel and change the rate of sedimentation and therefore the dredging frequency. The monitoring program consists of three seasonal investigations of the shoaling and scour in the channel and mouth to the Gulf of Mexico. The information helps the City to determine the optimal time and areas to dredge to avoid early dredging and unnecessary cost. The post - dredge allows evaluating the effectiveness of the dredging. The information is also critical to navigation safety and placement of navigation aids, beach nourishment planning, structural stability assessment for coastal structures and other channel features. This proposed agreement will provide for the monitoring of Packery Channel commencing in Summer 2017 through Spring 2018 (one monitoring year). ALTERNATIVES: 1. Approve the Agreement with TAMU-CC as proposed. 2. Do not approve the Agreement with TAMU-CC as proposed. OTHER CONSIDERATIONS: On March 7, 2017, the Island Strategic Action Committee (ISAC) recommended a one year agreement for City Council consideration. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2016-2017 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $510,000.00 $510,000.00 Encumbered / Expended Amount This item 257,745.00 257,745.00 Future Anticipated Expenditures 8,150.00 8,150.00 BALANCE $244,105.00 $244,105.00 Fund(s): Packery Channel Projects TIF #2 COMMENTS: This agreement will result in an expenditure not to exceed $257,745. RECOMMENDATION: City staff recommends the approval the Agreement for Professional Monitoring be awarded to TAMU-CC. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Presentation PROJECT BUDGET Packery Channel Monitoring 2017-2018 (Project No. E16336) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 CIP Budget Year 2016-2017 510,000 FUNDS REQUIRED: Professional Services Fees: Investigator (Texas A & M - Corpus Christi) 257,745 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (.5%) 2,550 Engineering Services (Project Mgmt) (1%) 5,100 Misc 500 TOTAL 265,895 ESTIMATED PROJECT BUDGET BALANCE 244,105 Project Location LOCATION MAP NOT TO SCALE N Packery Channel Monitoring Contract 2017-2018 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16336 Packery Channel Monitoring 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) and Texas A&M University— Corpus Christi, a Texas public university, 6300 Ocean Dr., Corpus Christi, Nueces County, Texas 78123, (TAMU-CC), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE 11 — COMPENSATION 2 ARTICLE III — TIME AND PERIOD OF SERVICE 3 ARTICLE IV — INSURANCE REQUIREMENTS 3 ARTICLE V — TERMINATION OF AGREEMENT 4 ARTICLE VI — RIGHT OF REVIEW AND AUDIT 5 ARTICLE VII — OWNER REMEDIES 5 ARTICLE VIII — TAMU-CC REMEDIES 5 ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 5 ARTICLE X — MISCELLANEOUS PROVISIONS 7 Page 1 ARTICLE I — SCOPE OF SERVICES 1.1 TAMU-CC shall provide to City its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The approved Scope of Services defines the services to be performed by TAMU-CC under this Agreement. 1.2 TAMU-CC shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 TAMU-CC shall use reasonable efforts to provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by TAMU-CC to perform work pursuant to this Agreement shall be employees or subcontractors of TAMU- CC. TAMU-CC must provide City with a list of all subcontractors that includes the services performed by subcontractor. Changes in TAMU-CC's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 TAMU-CC shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either TAMU-CC or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 TAMU-CC will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. ARTICLE II — COMPENSATION 2.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $257,745. 2.2 TAM U -CC's fee will be on a lump -sum basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services, with invoices to be submitted three times yearly in conjunction with seasonal surveys. 2.3 TAMU-CC agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 2.4 The Director of Engineering Services may request the TAMU-CC 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. TAMU-CC shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 2.5 Invoices submitted or supporting documentation must contain contract amounts, current invoice, previous invoice total, remaining balance, and percent complete. City will make prompt payments in response to TAMU- CC's invoices. Missing information may result in delay of payments. 2.7 TAMU-CC certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. TAMU-CC further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of TAMU-CC's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of TAMU-CC or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. 2.8 The final payment due hereunder shall not be paid until all deliverables have been received by City. Final billing shall indicate "Final Bill — no additional compensation is due to TAMU-CC." Page 2 2.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which TAMU-CC is responsible, because of: 2.9.1 delays in the performance of TAMU-CC's work; 2.9.2 failure of TAMU-CC to make payments to subcontractors or vendors for labor, materials or equipment; 2.9.3 damage to City; or 2.9.4 persistent failure by TAMU-CC to carry out the performance of its services in accordance with this Agreement. 2.10 When the above reasons for withholding are removed or remedied by TAMU-CC, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 2.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, TAMU-CC shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event TAMU-CC does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 2.12 Request of final compensation by TAMU-CC shall constitute a waiver of claims except those previously made in writing and identified by TAMU-CC as unsettled at the time of final Payment Request. 2.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct TAMU-CC to suspend work pending receipt and appropriation of funds. ARTICLE III — TIME AND PERIOD OF SERVICE 3.1 This Agreement shall be effective upon the signature of an authorized representative of TAMU-CC, the signature of the City Manager or designee (Effective Date) and approval of City Council. 3.2 This service shall be for a period of one year beginning on the Effective Date. 3.3 TAM U -CC agrees to begin work on those authorized Services for this Agreement 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 TAMU-CC and written authorization is provided by the Director of Engineering Services. 3.4 Time is of the essence for this Agreement. TAMU-CC shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. TAMU-CC and City are aware that many factors may affect the TAMU-CC's ability to complete the services to be provided under this Agreement. TAMU-CC must notify the City within three business days of becoming aware of a factor that may affect TAMU-CC's ability to complete the services hereunder. 3.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. ARTICLE IV — INSURANCE REQUIREMENTS Page 3 4.1 TAMU-CC must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. TAMU-CC must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. The City understands that TAMU- CC is a governmental entity with certain protections under state law. The City will accept a self-insurance coverage letter from TAMU-CC in lieu of the certificate of insurance required by EXHIBIT C. 4.2 TAMU-CC must not allow any subcontractor to commence work until all insurance required of any subcontractor has been obtained. Minimum Insurance Requirements are shown in EXHIBIT C. ARTICLE V — TERMINATION OF AGREEMENT 5.1 By TAMU-CC: 5.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. TAMU-CC may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 5.1.2 TAMU-CC must follow the Termination Procedure outlined in this Agreement. 5.2 By City: 5.2.1 The City may terminate this Agreement for convenience upon seven days' written notice to TAMU- CC at the address of record. 5.2.2 The City may terminate this Agreement for material breach of this Agreement upon ten days' written notice to TAMU-CC identifying the breach in reasonable detail. If TAMU-CC begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently work to cure such breach within the ten days, the Agreement will not terminate. If TAMU-CC again fails to perform under this Agreement, the City may terminate the Agreement for cause upon seven days' written notice to the TAMU-CC with no additional cure period. If the City terminates for cause, the City may reject any and all proposals, for the Packery Channel Monitoring Program submitted by TAMU-CC for up to two years. 5.3 Termination Procedure 5.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or TAMU-CC takes action to cure a failure to perform under the cure period, TAMU- CC shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless TAMU-CC has successfully cured a failure to perform, TAMU-CC shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 5.3.2 TAMU-CC shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 5.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, City shall reimburse TAMU-CC for all costs and non -cancelable commitment incurred in the performance of the services up to the effective date of termination, not to exceed the maximum cost specified in Section 2.1. There will be no compensation for anticipated profits on services not completed. 5.3.4 TAMU-CC acknowledges that City is a public entity and has a duty to document the expenditure of public funds and TAMU-CC shall reasonably cooperate with City's efforts to comply with such duty. Page 4 ARTICLE VI — RIGHT OF REVIEW AND AUDIT 6.1 TAMU-CC grants City, or its designees, the right to audit, examine or inspect, at City's election, all of TAMU- CC's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. TAMU-CC agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 6.2 TAMU-CC's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (TAMU-CC's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and TAMU-CC's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 6.3 City agrees that it shall exercise the right to audit, examine or inspect TAMU-CC's Records only during TAMU-CC's regular business hours. TAMU-CC agrees to allow City's designee access, upon reasonable advance written notice, to all of TAMU-CC's records reasonably necessary for City or its designee(s), to perform such audit, inspection or examination. TAMU-CC also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 6.4 TAMU-CC shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VII — OWNER REMEDIES 7.1 The City and TAMU-CC agree that in the event the City suffers actual damages as a result of material breach of this Agreement by TAMU-CC, the City may elect to pursue its actual damages and any other remedy allowed by law. ARTICLE VIII —TAMU-CC REMEDIES 8.1 If TAMU-CC is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond TAMU-CC's reasonable control, then the City shall excuse the failure for the duration of the event and for such a time as is reasonable to allow TAMU-CC to resume performance under this Agreement. 8.2 If TAM U -CC requests a remedy for a condition not specified above, TAMU-CC must file a Claim as provided in this Agreement. ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 9.1 Filing of Claims 9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Page 5 9.1.2 Every Claim of TAMU-CC, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the TAMU-CC by his/her signature, verifying the truth and accuracy of the Claim. 9.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 9.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to TAMU-CC. If TAMU-CC is not satisfied with the proposal presented, TAMU-CC will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 9.2 Alternative Dispute Resolution 9.2.1 All negotiations pursuant to this clause are confidential to the extent allowed by law and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 9.2.2 Before invoking mediation, the parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a party delivers a written notice of such dispute, then the parties shall proceed with the mediation process contained herein. 9.2.3 Mediation 9.2.3.1 In the event that City or TAMU-CC shall contend that the other has committed a material breach of this Agreement, the party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 9.2.3.3 In the event City and TAMU-CC are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 9.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 9.3 City shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for a breach of contract made by the City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract to TAMU-CC's designated official, who will examine City's claim and any counterclaim and negotiate with City in an effort to resolve the claim. 9.4 TAMU-CC and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. To the extent authorized by law, both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Page 6 9.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE EITHER PARTY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE X — MISCELLANEOUS PROVISIONS 10.1 Use of Local Expertise/Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 10.2 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for duties delegated to personnel of TAMU-CC staff. This includes subcontracts entered into for services under this Agreement. No part of the TAMU-CC fee may be assigned in advance of receipt by the TAMU-CC 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. 10.3 Ownership of Intellectual Property. 10.3.1 "Intellectual Property" means know-how, copyrights, patents, trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions, software, and other intellectual property. 10.3.2 "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice in the performance of this Agreement. 10.3.3 Ownership of Project IP will be as follows: 10.3.3.1 Title to any Project IP made or conceived solely by TAMU-CC personnel vests in TAM U -CC. 10.3.3.2 Title to any Project IP made or conceived solely by City personnel vests in City. 10.3.3.3 Title to any Project IP made or conceived jointly by personnel of both TAM UC - CC and City ("Joint IP") vests jointly in TAMU-CC and City. 10.3.4 In the absence of a written agreement to the contrary, TAMU-CC and City will be independent owners of any corresponding patent rights in any Joint IP under 35 USC §262 with no obligation of accounting to one another. 10.3.5 TAMU-CC grants City an irrevocable, royalty -free, non -transferable, nonexclusive right and license to use, reproduce, display, perform and otherwise practice without restriction any copyrightable materials (technical data, reports, etc.) delivered by TAMU-CC under this Agreement. 10.3.6 Nothing in this Agreement grants either party any rights to any of the other party's Intellectual Property that is not Project IP. Page 7 10.4 Standard of Care. Services provided by TAMU-CC under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent professional. 10.5 Disclaimer of Warranties. TAMU-CC makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success or particular results of the Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Project results or any Project IP or that the use of any Project IP or Project results will not infringe any intellectual property right of a third party. 10.6 Licensing. TAMU-CC shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 10.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and TAMU-CC and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and TAMU-CC. 10.8 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 10.9 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.10 Conflict Resolution Between Documents. TAMU-CC hereby agrees and acknowledges if anything contained in TAMU-CC-prepared Exhibit A, Scope of Services or in any other document prepared by TAMU-CC and included herein, is in conflict with the terms of this Agreement, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 8 CITY OF CORPUS CHRISTI TEXAS A & M UNIVERSITY — CORPUS CHRISTI Keith Selman Date Luis A. Cifuentes Assistant City Manager Vice -President, Division of Research, Commercialization and Outreach 6300 Ocean Drive, Unit 58436 Corpus Christi, TX 78412-5843 (361) 825-3881 Office (361) 825-3920 Fax research.office@tamucc.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project No. E16336 Accounting Unit: 3278-717 Account: 550950 Activity: E16336013278EXP Account Category: 50950 Fund Source Name: Packery Channel TIF#2 $257,745.00 Encumbrance No. Date Page 9 Packery Channel Monitoring Program 2017/2018 Project Tasks and Cost Estimate May 12, 2016 (Revised: April 09, 2017) Upper Laguna Madre "Dog Leg" Newport Mollie Beattie °ass Coastal Habitat Community Mustang Island Inland Channel Segmenthn ry NV? ? 351 Deposition Basin LEGEN D Elevation. ft CNAVD88} MSL=+ 0.48ft (NAVDSSy -82 31 s0 -29 • • -2& t -2i 2d • • • , •= -22 3 a1 • -20 •d -1y 3 -18 -- -1; -1 -Id -IS -14 -12 -11 -10 3 3 North Padre Island Packe Chane Lake Padre Holiday Gulf of Mexico Feet OKI :.O0) 7;0110 4:000 Packery Channel Monitoring Area: Channel and nearshore morphology (Sep 2016) Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A&M University -Corpus Christi Page 1 of 21 EXHIBIT A Packery Channel Monitoring Program 2017/2018 Purpose To continue to support the City of Corpus Christi's vested interest in the inlet/beach infrastructure including Packery Channel, North Padre Island Beach and Mustang Island Beach, in addition to sensitive habitat that comprise the Packery Channel System. The City of Corpus Christi will hereafter be referred to as the "City." The monitoring program specifically addresses concerns related to the nourished beach fronting the North Padre Island (NPI) Seawall. The monitoring program supports the City of Corpus Christi's pro -active management of this dynamic system. This proposal describes the monitoring effort for the 12 -month period commencing upon contract execution to include the Winter 2018 Survey. The monitoring program consists of three seasonal assessments of shoaling and scour in the channel and nearshore (Gulf of Mexico), one survey that measures changes in the width/depth of the inland channel segment, and measurement of beach width/volume. The monitoring program has also provided for Disaster Preparedness and investigations that have been identified by the City staff during the monitoring year as well as water current monitoring. The TIRZ Committee did not approve the Disaster Preparedness task (Task 2-5) for the 2017 -monitoring year. All monitoring components that were not approved by the TIRZ Committee are referenced in this proposal so it is clear what was approved by the TIRZ, and what was not approved, along with the implications of not conducted tasks. The components that have been conducted since 2008 but are not included during the 2017 monitoring year are indicated by red font with strikethrough. References to the monitoring components that were not approved by the TIRZ Committee are highlighted in yellow. The following services are provided as related to the key management concerns for the City of Corpus Christi: • Conduct a Summer Seasonal Survey (Coincides with the 2006 construction completion date providing for calculation of annual rate of change since completion for project assessment applicable to the USACE and TGLO performance assessments) • Conduct a Winter Seasonal Survey and assessment of performance (Coincides with completion of first full maintenance dredge (Dredge#1) and beach nourishment as well as peak winter condition) • Conduct a Spring Seasonal Survey and assessment of performance (Represents season of peak shoaling observed since construction) • Provide pre- and post-dredge/nourishment monitoring (Periodic performance assessment) • Provide results of trend analysis for future dredge planning, dredge deferment (Forecasting for dredge planning and conservation of funds) • Advise on navigation safety and placement of aids to navigation (Public safety) • Provide beach nourishment planning and support in coordination with dredge planning (Forecasting beach nourishment planning) • Conduct beach profile and shoreline position surveys in order to qualify for CEPRA grant funding and meet obligations of existing TGLO agreements related to beach width along NPI Seawall (CEPRA #1113) (meet obligations to TGLO CEPRA) 2 EXHIBIT A • Provide for Disaster Preparedness surveys and analysis/guidance (Hurricane Preparedness and response) • Document changes in the Mollie Beattie Coastal Habitat Community (MBCHC) and identify related impact to the adjacent Inland Channel Segment of Packery Channel (Dredge planning) • Maintain active monitoring program consisting of, at a minimum, one annual beach profile survey in order to maintain FEMA reimbursement eligibility (FEMA reimbursement eligibility) • Archive data and provide as needed for application to engineer assessment of structural stability of coastal structures: jetties, revetment, bridge reinforcement (Archival of Historic Data and support of structural assessment) • Provide information appropriate for public awareness and community education/outreach (Public information and outreach) • Maintain water current monitoring stations in Packery Channel and the Gulf Intracoastal Waterway for navigation safety and validation of hydrodynamic models (Future change in channel configuration) • Support and collaborate on coastal projects and concerns in the vicinity of the study area (Coastal system project guidance) • Provide for additional surveys/analysis at the discretion of Council/Staff that arc indicated by seasonal analysis or relevance to the Packery Channel system (new projects). Focus of Monitoring Year 2017 Monitoring and analysis will continue to focus on supporting the following key issues identified for 2017/2018, in order to provide guidance in support of dredge and nourishment planning and adaptive beach management and maintenance operations. Assessment based on analysis of the most recent survey data (Sep/Oct 2016) indicates that dredging to maintain channel navigability should be conservatively anticipated within two (2) years, based on the rate of shoaling measured since the maintenance dredge was completed in Mar 2013 (Williams 2016, 2017). A discussion of the anticipated sand volume required to re- establish the design width of the beach fronting the NPI Seawall is provided by Williams (2016). The following are specific areas of concern/interest over the next monitoring year include: • Entrance Channel Shoaling and Navigation Monitor changes in area of historic localized shoaling in the entrance channel that has previously stimulated the recommendation of two Notices to Mariners (Sep 2011 and July 2014). The most recent summer survey conducted in Sep 2016 (peak in shoals common during this time) and the Feb 2016 (peak season for scour) survey indicated no imminent navigation limitation. Although the depth related to the development of a linear cross- channel sand wave near the channel mouth documented during Sep 2016 will be reassessed during the Winter 2017 survey (planned for Apr 2017 due to delay in contract authorization). • Reduction in Scour at Mouth and Potential for Ebb Shoal Development An additional region of interest is located in the nearshore surrounding the channel mouth where ebb shoal development is common at Texas inlets. An ebb shoal is an elevated feature that typically develops offshore of the mouth of an inlet. The development of 3 EXHIBIT A shoaling at or offshore of the channel mouth occurred at Packery Channel after Hurricane Ike introduced a significant volume of sand into the channel over a few days as sand was purged from the system intermittently until June 2010. Although no persistent shoaling has been identified around or across the channel mouth since the maintenance dredge (Mar 2013); bypassing bar formation has repeatedly developed seasonally, extending from the nearshore region south of the inlet. This seasonal bar development is driven by persistent and strong seasonal forcing out of the southeast during the summer months. Bypassing bars provide an opportunity for the introduction of sand toward and into the inlet mouth. Since the maintenance dredge, longshore bars originating on the north side of the inlet have developed and approached the inlet mouth during the winter season. In addition, deep scour at the mouth has been less developed than after construction, with the shallower nearshore depths merging at the channel mouth. The expansion of the beach (widening) adjacent to the inlet has resulted in an increase in sand volume and impoundment in the nearshore near the north jetty. After a period of stability (2009-2012), the beach on the north side of the inlet has experienced a gradual increase in width and volume (2012-2016). Therefore, the nearshore region surround the inlet is a focus area for the 2017/2018 monitoring year from a beach and inlet management perspective. • Beach Nourishment at North Padre Island Seawall Although 50% of the beach fronting the NPI Seawall is wider than the TGLO defined Target width of 200 ft; 50% of the beach continues to erode and an approximately 1,000 -ft alongshore segment is under 150 ft wide. This segment of the beach is approximately 50% of the design (Target) width established during the beach nourishment completed during the winter of 2012/2013. After an initial year of rapid erosion (approximately 20-30 ft/yr) after the maintenance nourishment, the rate of recession moderated with a period of relative stability observed through Oct 2015. The contribution of purposeful management of sand accreting on the seawall and that generated during beach access maintenance contributed to the previous (2014/2015) period's stability. The rate of recession increased over the 2016 survey year during which no purposeful placement of sand was applied. At the present rate of recession, the shoreline at the south end of the seawall is anticipated to approach the pre -maintenance nourishment baseline (2011) position within two years (Winter 2018/2019). The rate of recession could increase under the influence of tropical storms or other extreme events such as extended periods of high water level and inundation such as observed during spring 2016, which could require action in the form of bollard relocation or adaptive sand management on the part of City Parks and Recreation beach operations staff. Beach stability may be reinforced by the mechanical lateral movement of sand toward the south, as sand is made available during standard maintenance of beach driving lanes within limits of permit authority and Beach Maintenance Plan guidelines. A focus of the 2017/2018 monitoring period will be to quantify the rate of recession over the spring/summer period and identify contributions of any adjustment to beach maintenance practices such as lateral sand redistribution between the south jetty and Whitecap Blvd. If no adaptive sand management techniques are employed it is anticipated that the beach will continue to erode resulting in a greater length of beach meeting the 150 -ft wide Action Width and the bollards will require adjustment northward. 4 EXHIBIT A This component of the water current monitoring has been defined and. funded in the Event Category (Task 2-5). The Reinvestment Zone #2 Board (2017) did not approve task 2-5, therefore, this component will not be. funded during 2017. Without continued measurement of water velocity collected through current monitoring, the accuracy of hydrodynamic models that assist in understanding how changes, such as new channels, impact the entire system -- including Packery Channel -- are less accurate and no post -construction Shoreline Change and Increase in Beach Width at North Packery The beach north of Packery Channel, between the north jetty and Newport Pass, experienced a period of accretion and persistent shoreline advance between Sept 2012 and Sep 2016. This resulted in an increase in beach width along this entire, greater than 4,000 ft, stretch of beach. Previously, shoreline advance related to impoundment and sheltering by the jetties did not extend north beyond MM204. In addition, the region between MM204 and Newport Pass was often impassible due to the narrow width of the beach —which was typically less than 100 -ft wide. During this recent period of increasing stability, the beach between MM204 and the Newport Pass nearly doubled in width. According to beach operations staff, this section of beach supported two driving lanes during Spring Break 2017; implemented for the first time in many years due to the significant increase in beach width since 2012. A focus during 2017/2018 will be on investigating how this increase in beach width translates into the nearshore barred region and the potential contribution of the associated increase in sand volume in the nearshore to shoaling at the mouth and potential for transport into the channel mouth. The recent change toward stability in this area is attributed to a both the lack of tropical storm activity in the Gulf along with maintenance practices and may be related to a greater influence of strong winter forcing over the recent winter seasons, between 2012 and 2015, on sediment transport directed toward the south. 2006, prior to the completion of Packery Channel. This data provides information on potential changes in hydrodynamics (water flow) as changes in channel morphology and bank width occur due to shoaling and scour. Additional changes in the channel system aro proposed by local developers including the connection of the Laguna Madre to the Gulf of Mexico via Lake Padre and Packery Channel. The impact of this additional channel on water velocity throughout the connected channel system has not been studied using hydrodynamic models to date. The current monitoring stations provide a baseline data set as well as provide for analysis of change in flow as changes are made to the hydrodynamic system. This data is necessary to validate hydrodynamic models for application to prediction of future changes in flow as planned and future changes are made to the channel system. The funding for these stations was originally provided by the USACE with contributions as recently as 20H. No additional sponsorship is presently available to maintain these stations. Although sponsorship alternatives will continue to be investigated, funding for this component is requested for 2017/2018 to maintain continuity and avoid interruption of data collection. 5 EXHIBIT A assessment of change to flow velocity in Packery Channel will be possible. Scour and removal of sand from the system, which makes dredge deferment possible, is related to the velocity of flow through the channel system. Background • Monitoring began in August 2003, prior to construction (originally a collaboration between TAMUCC/USACE funded by the USACE Galveston District, and the Coastal Hydraulics Laboratory, Coastal Inlets Research Program). • Inlet opened during Hurricane Emily (July 2005), one year prior to completion of construction (October 2006). • Sponsorship of project authority transferred to the City of Corpus Christi (2008). • Initiation of Packery Channel Monitoring Program sponsored by the City of Corpus Christi (2008). • Limited dredge in Deposition Basin at ramp to facilitate boat entry (Jan 2010). • Notice to Mariners issued regarding elevation of Entrance Shoal (Sep 2010). • Dredge #1 (Phase 1) of channel from Deposition Basin to Entrance Channel to within 550 ft of the channel mouth (completed March 2012). Total pay volume was 190,757 cu yd (HDR). Completion of dredge was deferred to Winter 2012/2013 due to start of spring break. • Dredge #1 (Phase 2) of Inner Entrance Channel and Entrance Channel completed to within 550 ft of channel mouth (completed March 2013). Total volume was 48,757 cu yd. Remaining 550 ft of Entrance Channel shoal was not removed and dredging was terminated due to start of spring break. • Notice to Mariners issued regarding elevation of Entrance Channel Shoal (Jul 2014). • No peak in shoaling identified and limited potential for navigation interruption in primary channel from Nov 2014 to Feb 2016. • Across -channel sand wave developed at the end of the summer season Sep 2016. Status of this feature will be assessed during the Winter 2017 Survey to determine if a notice to mariners is indicated at that time. Ongoing Contribution of Program • Program supports pro -active management of the inlet and beach infrastructure by the City of Corpus Christi and meets the criteria of a continuous and consistent monitoring program as applied to submissions for FEMA and CEPRA reimbursement and grants, respectively. • Analysis has supported City decision to defer dredging, originally predicted at an interval of every 1-3 years, to 5 years. Deferred dredging provides an opportunity to conserve funds • Analysis has identified need (shoaling and inland channel segment expansion) for placement of aids to navigation. • Seasonal survey data identified need for initiation of two Notice to Mariners during September 2010 and July 2014 due to shoaling and potential for imminent limited navigation at the channel mouth. • Data and analysis compiled and applied to support City request for FEMA reimbursement after Hurricane Ike. • Data and analysis document measured seasonal condition of shoaling (as opposed visual interpretation often reported by community -which is not always accurate). 6 EXHIBIT A • Data and analysis applied to assess the post -dredge 2011/2012 condition for recommendation of Dredge #1 (Phase 2) to complete to specifications. • Monitoring of nourishment fronting seawall for vehicular access concerns and bollard placement/adjustment (TGLO agreement). • Analysis and guidance to support alternative dredge/nourishment funding sources sought by Parks and Recreation staff, such as a CEPRA grant submitted during 2015 and planned for 2017. • Grants for supplementary funding submitted during 2015 and 2016 (RESTORE). Why Monitoring and Analysis toward Proactive Management Guidance is Important • Dredge planning and beach management: Monitor seasonal persistence of bypass bar and intermittent nearshore shoaling in close proximity of mouth for potential ebb shoal formation. • Proactive beach management toward limiting shoaling: Monitor increasing sand impoundment in nearshore adjacent to north and south jetties: implement planning for adaptive management strategies potentially including lateral redistribution of sand. • Dredge planning and deferment: Track changes in the rate of post -dredge channel shoaling and identify breaks in trends. • Nourishment planning and adaptive management between nourishment events: Quantify change in post -nourishment beach width and sand volume along the NPI Seawall. • Navigation safety: Recommend navigation warnings, as needed, should the potential for depth limited navigation increase seasonally and support dredge implementation or placement of navigation aids. • Beach Operation/Management: Track changes in beach profile and shoreline position survey data for application to planning beach nourishment, adaptive sand management or bollard placement/relocation • Environmental Stewardship: Track changes in the Inland Channel Segment bank expansion that could impact protected habitat, residential property, and Nueces County Park boundaries. Prepare to mobilize rapidly to monitor post storm (Hurricane/Tropical) conditions as needed for Disaster Preparedness as defined in thc Event Task 2 5.(Evcnt Monitoring Task 2 5 NOT authorized for 2017/2018 as per Reinvestment Zone 1±2 Board). oring of additional a identified by seasonal monitoring or to support City of Corpus Christi directives that may arise during thc contract period. (Rapid response under the Event Monitoring Task 2 5 NOT authorized for 2017/2018 as per Rcinvcstmcnt Zone #2 Board). • Documentation of Performance Assessment Document and assess performance, potential issues and adaptive strategies to manage new challenges that are identified through seasonal surveys and trend analysis. 7 EXHIBIT A Seasonal Monitoring and Long-term Channel Management Successful management of this dynamic inlet/beach system relies on effective monitoring to support proactive maintenance planning and long-term management strategies. Monitoring at Packery Channel provides for the tracking of changes (Trend Analysis) over seasonal windows of change as well as longer-term historic intervals which allows both the 1) identification of trends in sediment transport (shoaling/scour) and 2) deviation from established trends that could indicate a change in system dynamic and an associated need for management action. The monitoring program has documented both a seasonal and event driven component to sediment transport in this system with shoaling most prevalent during the late spring and summer as well as during storms (Hurricane Ike for example). In contrast, scour is well developed during the winter and early spring resulting in a reduction of shoal elevation (peaks), and a reduction in shoaling in the entrance channel over the winter and early spring. The channel has shoaled at an average rate of 25,000 to 30,000 cy/yr (Mar 2013 to Feb 2016) over the first three years since the maintenance dredge was completed. An increase in the rate of shoaling to 35,000 cy/yr was indicated over the recent survey year (2016). In addition, a linear increase in shoaling was documented over the spring and summer seasons for the first time since the maintenance channel dredge was completed in 2013. The results of the Winter 2017 Survey is critical toward identifying if shoaling continued at a high rate over the winter months or moderated as it has over the last three years. The winter survey was conducted during April 2017 rather than between the months of February and March, having been delayed by contract authorization by the City. The highest rate of shoaling has been identified during the spring season, while the annual summer survey, which marks the anniversary of construction completion (Oct 2006), has documented moderation in the rate of shoaling. The winter surveys were initiated to identify the impact of seasonal channel flushing and to quantify seasonal reduction in the rate of shoaling, which has been documented since 2013. Continued occurrence of a reduction in shoaling over the winter months may allow for a deferment of dredging, while sustained shoaling or an increase in shoaling may indicate the need for dredge implementation sooner than anticipated. Monitoring Program Tasks The 2017/2018 contract period for the Packery Channel Monitoring Program, as approved by Reinvestment Zone #2 Board, consists of all Tasks and subtasks that have been authorized since 2008 with the exception of Task 2-5. All Tasks and subtasks are outlined below as a guide following the successful program implemented (2008-2016). In addition, the decrease in level of guidance, efficiency and timeliness of deployment associated with the lack of authorization of Task 2-5 is described for clarification. One of the primary goals of the 2017/2018 monitoring year is to measure and document the continued changes in the status of channel shoaling as the impending dredge event (Dredge#2) approaches. The next dredge event (Dredge#2) is conservatively anticipated within two years, or winter 2018/2019. Continued seasonal monitoring will assist in the identification of whether dredging can be differed to conserve funds for future management concerns. The monitoring program will continue to assist the City in the anticipation of future dredge events and document 8 EXHIBIT A the annual pre -storm beach width and volume condition to maintain FEMA reimbursement eligibility should the area sustain damage during seasonal hurricanes. The monitoring will directly support the City of Corpus Christi in applying for CEPRA grant funds to support of dredging and subsequent nourishment of the beach fronting the North Padre Island Seawall (submission anticipated during 2017). The monitoring program directly supports the City in meeting obligations of the TGLO agreement to restrict vehicular access along the NPI Seawall when the beach reaches a width of 150 ft or less (measured at MHHW). Streamlined Monitoring Program and Budget Reduction The key components of the monitoring program were reviewed for efficiency of budget and necessity of tasks during 2016. This review was in response to a request from the Island Strategic Action Committee (ISAC) and City Council to streamline the budget and conserve funds. The effectiveness of the monitoring program has been internally reviewed and updated several times previously based upon the results applied to guide inlet and beach management. The first two years of the City -sponsored monitoring program included four surveys per year (2006 to 2008). The first revision of the program reduced the number of full surveys to three seasonal surveys (2008 to 2011) based on the identification of the key periods of change in sediment transport that had been identified. An additional reduction in effort included limiting the areal extent of the spring transition survey to the Deposition Basin/Entrance Channel and nearshore around the mouth, which was implemented during the 2012 monitoring year and continued through 2016. Meetings were held with ISAC representatives to review the components of the monitoring program during 2016. The review process found that the tasks, as outlined, have contributed to the overall success of the monitoring program by providing documentation toward TGLO and USACE obligations as well as providing guidance for City operation management of the inlet and adjacent beaches. Adjustments were made to accommodate the budget streamline request primarily under four subtasks; Task 1-2 Aerial Photography, Task 2-1 Beach Profile Survey, Task 2-2 Shoreline Position Survey and Task 2-4 Inland Channel Segment and MBCHC. The proposed reduction in effort was purposefully reviewed in an effort to both conserve funds while maintaining the effectiveness of the monitoring program to support the City, the USACE and the TGLO's directives and obligations. The standard seasonal surveys are imperative to monitoring the evolution of shoaling and beach erosion as well as for the guidance of dredge and nourishment planning. The changes in effort are detailed within the description of each task in the following sections. The proposed reduction in cost for the 2017/2018 contract period will aid in offsetting an increase associated with the shift in Facilities & Administrative Cost (F/A), previously referred to as Indirect Costs or IDC, calculation from 53% of Salaries & Wages to 35% of Modified Total Direct Costs (MTDC). This change is in accordance with the University's Department of Health and Human Services (DHHS)-approved rate agreement dated April 10, 2015 (AttachmentExhibit A). For further information on F/A please review the information provided by TAMU (https://www. tamus. edu/business/budgets-and-accounting/accounting/facilities-administrative- costs/facilities-administrative-cost-brochure/). Finance and administration charges can be compared to "overhead" charged by the private sector. The increase in cost of Task 1-1 and 2-1 are due to salary and fringe adjustments as well as anticipated staff available for the 2017-2018 monitoring year. 9 EXHIBIT A Note: Task 2-5 has been authorized since 2008 and successfully provided for the rapid mobilization for storm damage assessment (Disaster Preparedness) after Hurricane Ike (2008). Because Task 2-5 provides for City staff authorization of emergency surveys there was no delay in surveying after Ike and survey crew was able to conduct the post -storm survey within one week, corresponding to conditions were safe for the survey crew, of the storm impacting the Texas coast. Task 2-5 was not recommended by the Reinvestment Zone #2 Board for the proposed 2017/2018 monitoring year. Therefore, NO DISASTER PREPARDNESS capability is provided for 2017/2018. This means that any surveys that are needed beyond those listed in Task 2-1 Task 2-2, Task 2-3 and Task 2-4 would require additional action on the part of City staff and allocation o� j funds that could result in delay of surveys and thus delay in response to storm damage or other emergency needs. Delaying surveys can limit and delay assessment and implementation of restoration if required. Surveys document the condition during a window of time. If that window In an effort to contribute toward future reduction in monitoring costs while maintaining the guidance benefits of the monitoring program, CBI has applied for supplementary funding through grant submissions pursued both during 2015 and 2016, including CEPRA and RESTORE grant submissions. The two pending proposals include a portion of the beach profile and shoreline position monitoring in the broader area of the proposed scope of work. Additional tasks within these proposals would support the City of Corpus Christi in management of coastal resources under City jurisdiction through the provision of wave and current measurements near Packery Channel and through inundation modelling. In 2015, CBI collaborated with the City of Corpus Christi in developing a CEPRA proposal, although it was not selected for funding during that cycle. CBI will assist the City staff in the preparation of a CEPRA grant proposal during the 2017/2018 contract year. In addition, the City has been supplied alternatives analysis for review and fiscal planning for long-term sustainability of the monitoring program. Contract Period The contract period will initiate upon authorization and continue for 12 months. The first survey of the contract period will be the spring seasonal survey conducted during June/July 2017. The final survey of the contract period is the peak winter survey that is conducted during Feb/Mar 2018 (weather dependent). Collaboration The Packery Channel Monitoring Program benefits from collaboration with Naismith Marine Services (NMS) on successful surveying of Packery Channel as well as the beaches along North Padre Island and Mustang Island. The collaboration between TAMUCC and NMS has produced high-resolution data sets that support trend analysis conducted by CBI and successful City guidance. The collaboration provides a two-step QA/QC process drawing on both strengths of technical survey expertise of NMS and the analytical coastal dynamics expertise of CBI/TAMUCC. Task Implementation Tasks 1 and 2, including subtasks, may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. 10 EXHIBIT A is not captured, there is no data to describe the changes or identify if action such as dredging or navigation warnings are indicated. Task 1. Project Management 1-1. Project Management, Analysis and Reporting Description Project management includes historic analysis, reporting, survey organization and scheduling; as well as presentations and generation of guidance materials in support of the management of the inlet and associated beach and wetland by the City of Corpus Christi. This includes meetings with City staff for periodic project assessment and guidance. Task 1 provides additional support including coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations. Task 1 provides for compilation and transfer of data sets requested by engineers associated with dredge planning and structural assessment. Preparation of survey/analysis information to support proposal development and compilation of relevant data and analysis appropriate for the City to submit for FEMA reimbursement for storm damage and assistance with planning for alternate project funding. Cost: Salary/Wages/Benefits/Supplies/Travel/F&A: $ 57,184 (CBI) Estimated Cost Task 1-1: $ 57,184 Streamlined Cost Savings: N/A 1-2. Aerial Photography Description: This task originally provided for the acquisition of an annual set of rectified orthometric aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass as well as a higher resolution set that focused on the dynamic region that includes the basin and adjacent beaches that could be applied to spatial analysis. Aerial imagery documents changes in areas that are not presently surveyed but still of interest to City staff due to the proximity and association due to existing or potential hydraulic connection to Packery Channel. These areas include the Lake Padre, Padre Isles and Laguna Madre as well as sensitive wetland habitat. Streamlined Task 1-2: The streamlined task will provide for one set of high altitude lower resolution aerial imagery that covers the entire study area from the GIWW to the Gulf and the adjacent beaches from south of Bob Hall Pier (MM 238) to north of Newport Pass at (MM 196). The high resolution set of aerial imagery will not be provided. The set of lower resolution images will be applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models for reporting. Quotes received during 2016 indicated that the estimated cost of aerial photography is comparable to the 2014 and 2015 effort. The cost for the acquisition of two sets of imagery is estimated at $12,000. The cost of only the lower resolution imagery of the full study area is estimated at $7,750. To further reduce costs associated with rectified aerial imagery, alternate public sources will be investigated. 11 EXHIBIT A Implications of Reduction in Imagery Although the high altitude imagery does cover the majority of the study area there are limitations in resolution and image clarity as applied to focused analysis over small spatial areas such as along the beach at the inlet mouth and along the NPI seawall as well as bank boundaries bordering the MBCHC. Higher resolution imagery (low -altitude) may need to be re -introduced in future proposals depending on review at the close of the 2017/2018 monitoring year. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. Aerial imagery also documents development that may influence changes in the study area. Aerial imagery is particularly important in providing for documentation of adjacent regions that are outside of the topographic survey area such as the wetland regions. In addition, the aerial imagery is applied to orient the viewer spatially with reference to the channel and beach elevation data. The aerial images are critical for application to the development of visuals and explanation aids that are developed for the City staff, City Council, residents and laypersons as well as for reporting purposes. Schedule: (1) The annual set of imagery has been flown during late February or early March (pending weather/sea conditions) since the 2013 dredge/nourishment event. The target season for imagery has shifted to late winter/early spring from late summer (Sept/Oct) in order to capture seasonal low water levels that expose shallow areas and channel boundaries along the Inland Channel Segment that would otherwise be submerged. This is important in providing for qualitative evaluation in areas bordering the survey footprint or avoided that cannot be surveyed using standard methodology due to sensitive habitat. The opportunity to capture the spring aerial photography flight was missed during 2017 year due to delays in contract authorization and therefore the imagery may be taken during August 2017 or postponed to Feb/Mar 2018 as directed by City staff. Postponing until 2018 would result in no aerial documentation during 2017. (2) QA/QC of imagery and integration into GIS project to initiate upon receipt of images Cost: Aerial photography: $7,750 (Vendor acquired) Salary/Wages/Supplies/Travel/F&A: $ 8,033 (CBI) Estimated Cost Task 1-2: $ 15,783 Streamlined Cost Savings: $5, 799 Task 2. Measurement of Morphologic Change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Surveys Description: Beach profile surveys provide detailed information describing changes in elevation, morphology and bathymetry at 18 specified locations along the beach stretching from the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Historic data exists for these locations (1995-2015). The beach profile survey has been conducted annually during the peak summer period, which corresponds to the completion of the Packery Channel construction. This data set provides for analysis of change in volume and morphology (bars, berm, and dunes) that is reflective of seasonal forcing. Elevation measurements are taken along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore 12 EXHIBIT A up to one mile into the Gulf of Mexico. The surveys capture the region of active sediment transport and therefore extend offshore to a depth, referred to as the depth of the closure, beyond which indicates the most offshore point defining the region of sediment sharing between the subaqueous and subaerial beach. The surveys extend both to the north and to south of the direct area of influence of Packery Channel in order to determine if changes occurring around the inlet and NPI seawall are localized or common to the surrounding beaches. This allows confirmation of the influence of nourishment and sheltering capabilities of the jetties on beach stability. A transect grid with closer spacing of profiles is applied along the beach fronting the North Padre Island (NPI) Seawall in an effort to quantify volumetric change and document changes in beach profile with greater detail. The closer spacing in transect data is necessary due to significant change in volume and beach width with distance alongshore. This information is applied to monitor change before, during and after nourishment of the beach fronting the seawall and along the area south near Whitecap Blvd. This detailed data set provides the necessary information to better define the littoral sand budget (volume of sand both in the nearshore as well as on the dry beach, referred to as the berm) in this area and assess beach nourishment performance. Streamlined Task 2-1: Streamlining Task 2-1 effort reduces the number of intensive NPI seawall surveys from three to two. This includes the elimination of the transition beach profile survey previously conducted during the spring. Two surveys, one conducted at the peak of winter forcing and one conducted at the peak of summer forcing will be conducted during 2017/2018. Implications of Reduction Survey Effort: The elimination of any seasonal survey provides a gap in data history and gap in information and understanding of dynamics should a storm or variability in typical forcing result in an increase in erosion in the region preceding and during that time. Data gaps decrease effectiveness of trend analysis and early identification of new areas of accelerated erosion and identification of changes in the beach morphology that are associated with management practices such as maintaining the driving lanes. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to determine regions of erosion and to calculate volumetric change along historically surveyed areas of the beach. This data set is critical to the calculation of sand volume that is required for sand placement during nourishment and documentation for FEMA reimbursement. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering along the beach (Zone of Influence) that is provided by the jetties. Two profile locations occupied during the annual survey are required to assist in determining long-term change in the volume of sand in the nearshore immediately adjacent to the inlet for interpretation of potential for introduction of sand into the channel mouth. An additional set of beach profile transects was added to better describe the beach fronting the NPI Seawall to facilitate more accurate monitoring of changes in the recent beach nourishment. This focused survey along the nourishment area includes profiles at 400 -ft to 1100 -ft spacing to accommodate more accurate beach volume calculations for FEMA application and for TGLO reporting. This was needed due to the rapid change in width and volume with alongshore position in this region targeted for nourishment which is anticipated during the winter of 2018/2019. Schedule: (1) One annual full baseline survey conducted during peak summer condition (Sep/Oct 2017). 13 EXHIBIT A (2) Two intensive seasonal surveys of beach nourishment area fronting the NPI seawall (Sept/Oct 2017 and Feb/Mar 2018). The peak winter survey (Feb/Mar) corresponds to the completion of beach nourishment in March 2013. Additional surveys may be required if data indicate that the rate of change has increased during the study period. These additional surveys were provided for in Task 2-5 in all previous contract amendments (2008-2016) but were not approved by Reinvestment Zone #2 Board for the 2017 monitoring year. Additional surveys would require funding allocation and authorization, which delays the survey and analysis process. Cost (Task 2-1): Annual Survey: $ 19,900.00 (NMS) NPI Seawall Surveys: $11,950.00 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $14,196 (CBI) Estimated Cost Task 2-1: $46,046 Streamlined Cost Savings: $3,746 2-2. Shoreline Position Surveys Description: Elevation data are collected by RTK GPS starting from near the dune toe (or other landward limiting feature such as the seawall) and continuing across the beach to the water line. The data is collected along a zigzag path in order to cover the entire beach face efficiently and economically. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Purpose: Shoreline position surveys are an efficient and low-cost way to measure changes in the elevation of the dry beach berm over the broad study area. Within days, the elevation of a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession and resulting narrowing of beach that have been identified fronting the North Padre Island Seawall and Whitecap Blvd. In contrast, the data is applied to monitor shoreline advance adjacent to the inlet as an indicator an increase in nearshore expansion, which could influence sediment transport into the channel mouth. This data set is instrumental to the management of bollard placement along the North Padre Island Seawall and all adaptive maintenance activities described in the City's Beach Maintenance Plan. Streamlined Task 2-2: Effort in Task 2-2 was reduced from three surveys to two seasonal surveys. The transition season survey will be eliminated during 2017 The transition survey documents a dynamic period when the beach responds to reversals in forcing as winter fronts and seasonally high water levels continue to influence sediment transport. The implication of the loss of information during the spring will be re-evaluated during review and preparation of the 2018/2019 monitoring contract. Implications of Reduction Survey Effort: The elimination of any seasonal survey provides a gap in the data history and gap in information and understanding of dynamics should a storm or variability in typical forcing result in an increase in erosion in the region. This reduces the effectiveness of the analysis of trends, which are applied to identify management strategies, particularly important to determining if the restricted beach area fronting the south end of the seawall should be expanded or decreased in alongshore length. Schedule: 14 EXHIBIT A (2) Two Seasonal Surveys. Tentative survey schedule: Sep 2017 and Jan/Feb 2018. Additional surveys may be required if data indicate that the rate of change has increased during the study period. These additional surveys were provided for in Task 2-5 in all amendments (2008- 2016) but were not approved by Reinvestment Zone #2 Board for 2017. Therefore additional surveys that are indicated as necessary during analysis will require a contract amendment or other authorization, as well as allocation of funding before they can be conducted. Cost (Task 2-2): Survey: $7,800 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $ 8,500 (CBI) Estimated Cost Task 2-2: $16,300 Streamline Cost Savings: $ 3,663 2-3. Surveys of Channel and Nearshore Depth and Morphology (Features of seafloor and bottom of channel) Description: The bathymetric surveys combine single -beam (nearshore/offshore) and multi -beam (channel) sonar coverage to provide high-resolution data sets that describe the morphology (shoals, scour and sandbars) on the channel bottom and seafloor. The analysis of seasonal data sets is applied to interpret pathways of sediment transport and to anticipate development and persistence of features such as bypass bars, channel shoals and ebb shoals. Purpose: Data is applied to define morphologic features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change indicating sand loss or gain, to prepare for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to identify trends in shoaling which provides guidance in future dredge planning and deferment as well as the identification of navigation hazards. Schedule: (3) Three Seasonal Surveys. Tentative survey schedule: Jun/Jul 2017 (abbreviated -Basin to Gulf only), Sep/Oct 2017, and Feb/Mar 2018. Additional surveys may be required if analysis indicates that shoaling is rapidly increasing and depth -limited navigation is imminent. Such surveys have been accommodated for by the Event Task (Task 2-5) budget. Note that the Reinvestment #2 Board did not approve Task 2-5, therefore additional surveys indicated as necessary during analysis will require a contract amendment or other authorization, as well as allocation of funding before they can be conducted. Cost (Task 2-3): Survey: $ 79,300 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $ 23,944 (CBI) Estimated Cost Task 2-3: $ 103,244 Streamline Cost Savings: N/A 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The Inland Channel Segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and periodically over the wetland as well as under the influence of storms and ever-increasing usage (boat wake). These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects or survey lines, that are 15 EXHIBIT A Additional surveys may be required if data indicate that the rate of change has increased during the study period. These additional surveys were provided for in Task 2-5 in all amendments (2008- 2016) but were not approved by Reinvestment Zone #2 Board for 2017. Therefore, if additional surveys are indicated as necessary during analysis these surveys will require a contract amendment or other authorization, as well as allocation of funding before they can be conducted. roughly perpendicular to channel orientation. The surveys start at the location of the mean higher high water (MHHW) shoreline position located along the western residential shore and then extend across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. The position of the MHHW shoreline position is measured along the residential side of the channel extending from the HWY 361 Bridge to the Relief Channel west of the abrupt turn or dogleg in the channel that borders Packery Channel County Park. The MHHW position is not as well defined along the MBCHC due to extended sections of submerged area, therefore a MHHW position survey is not conducted on the east side of the channel. Purpose: These surveys define morphologic change in the inland segment of the channel that borders the MBCHC as well as changes in the elevation across sections of the wetland. The purpose is to evaluate the response of the channel and wetland to the opening of the inlet and assess the approach to an equilibrium status. Analysis of this data set provides quantification of change in the primary (-5 ft) and upper bank (MSL) width along the channel bordering the MBCHC. These surveys also assist in tracking changes in the channel associated with the migration of numerous sand waves in the channel. The shifting peaks of these sand waves can reduce water depth and potentially influence navigation. In addition, the MHHW position of the west side of the inland channel segment (residential) is compared to historic survey data surveys to determine historic change in position which is relevant to channel marker placement and maintenance. Changes in the Inland Channel Segment, bank width and MBCHC can influence navigation and operation of this shallow segment of Packery Channel. This survey provides for trend analysis toward successful operation and maintenance of the Inland Channel Segment. The transect survey data set may be applied to pre -dredge planning should dredging of the inland channel be indicated. Streamlined Task 2-4: Effort in Task 2-4 was reduced from two surveys to one annual survey that corresponds to the channel and nearshore annual survey conducted during Sep/Oct 2017. Implications of Reduction Survey Effort: Elimination of seasonal surveys eliminates the opportunity to quantify seasonal change or event driven change that occurs between the annual surveys. Reduces the effectiveness of trend analysis that may indicate an increase or decrease in shoaling, scour and channel bank position and to identify navigation hazards. Schedule: Tentative annual survey schedule: Sept/Oct 2017 to coincide with annual peak summer survey. Cost (Task 2-4): Survey: $ 9,400 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $ 9,788 (CBI) Estimated Cost Task 2-4: $ 19,188 Streamline Cost Savings: $13,307 16 EXHIBIT A 2-5. Event/Transitional Survey and/or Dredge Support (NOT APPROVED BYReinvestment Zone #2 Board for 2017) Dcscription: In a continued effort to respond to City of Corpus Christi budgetary constraints, the monitoring program continucs at a modified schedule to include (2) seasonal surveys (Sept/Oct 2017 and Jan/Feb 2018) and (1) transitional reduced cost survey (June 2017). To accommodate needs related to Disaster Preparedness and Readiness an Event Task was created to provide for rapid deployment and disaster preparedness. This task has been included in each annual amendment proposal sincc 2008. To accommodatc monitoring concerns beyond the seasonal surveys defined in Task 2 1, 2 2, 2 3 and 2 1; the Event Task (2 5) provides for event surveys or other survey requirements as directed by City staff. Such support outside of seasonal surveys could include, but is not limited to, dredge support, engineering support, environmental assessment (wetland, endangered species, modeling hydrodynamics), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre _c to provide as guidance toward post storm response (emergency dredging and nourishment primarily). Surveys may be indicated beyond the seasonal designation, such as after storms (Disaster Preparedness), and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are seasonal survey suite but may be utilized as needed in support of management concerns as directed by City staff. utilized as needed in support of City of Corpus Christi Packery Channel management concerns on an as needed basis. Funds not allocated at the end of the contract period arc conserved for future applications: a. Beach profile survey (1) Task 2 1 b. Shoreline position survey (1) Task 2 2 c. Abbreviated bathymetry survey (1) Task 2 3 d. Full bathymetric channel and ncarshore survey (1) as described in Task 2 3. Water Current Monitoring (Task 2-5) (NOT APPROVED BYReinvestment Zone #2 Board for 2017) The TIRZ 17`2 Board did not approve funding of Task 2 5 which accommodated the maintenance Channel as well as the online dissemination of the water velocity data. Monitoring changes in current flow provides data for future studies of hydrodynamic change potentially associated with system that arc yet to be identified. This data is also provided online for public access and public safety as the velocity of water flow in the channel can impact navigation. Monitoring includes the public online data access to real time measurement of water current velocity (http://lighthouse.tamucc.edu/qc/138 and http://lighthouse.tamucc.edu/qc/150) because water 17 EXHIBIT A velocity can impact navigation safety. These stations were previously funded by the USACE (2006 2011), but no funding has been identified or secured for 2017/18 to date. Funding partners morphology, wetland boundaries, and bathymetry of Packery Channel. The monitoring stations provide watcr current velocity measurements and provide online real time acccss for navigation 1. Analysis of sediment transport and changes in scour and shoaling 2. Application to navigation safety (online public service) 3. Backcasting: Hydrodynamic model to determine the contributing factors to the failure of the bulkhead along the north bank of the Deposition Basin after Hurricane Ike (Reed 2011). flow between Lake Padre and the Upper Laguna Madre to determine areas of peak flow within the existing channel system. Tfts-k2 5 Seh dul„ Surveys conducted post storm and as directed and authorized by City staff and relative to management concerns during 2017/2018. Water current monitoring is continuous over the study period and publically available online in real time. Other tasks as directed/authorized by City of Corpus Christi staff. Cost: Survey: $ 56,000 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $17,897 (CBI) Estimated Cost Task 2 5: up to $ 73,897 Streamline savings N/A: Unallocatedfunds reinvested Budget Totals Total Estimated Cost of 2017/2018 Monitoring Program Task 1-1, 1-2 and Task 2-1, 2-2, 2-3 and 2-4 (Excludes Event Task, Task 2-5) as requested by TIRZ Committee): $ 257,745 Total Streamline savings (Task 1-1, Task 2-1, Task 2-2 and Task 2-4): $26, 515 Total Estimated Cost of 2017/2018 Monitoring Program: Task 1 and Task 2 (Includes Event Task Task 2 5 as defined and implemented 2008 2016): $ 331,612 18 EXHIBIT A Cost Savings to City of Corpus Christi In an effort to directly address budgetary constraints and comprehensive use of available funds, CBI has provided cost savings through the following: 1. Conservation offunds in the Event Category 2010-2012 (Task 2-5). Savings to City $ 63,381.72 2. Conservation offunds in the Event Category 2014/2015 (Task 2-5). Savings to City $ 60,000 3. Conservation offunds in the Event Category 2015/2016 (Task 2-5). Savings to City $ 6,989 The cost savings decreased during 2015/2016 as funds were applied to conduct the annual summer survey budgeted for 2016/2017 due to delay in contract authorization. 4. Online data visualization through Coastal Habitat Restoration (CHRGIS) (Sponsored by TGLO/CEPRA) http://cartogram.tamucc.edu/chrgis/maps/ Data shown is only that which represents TGLO objectives related to CEPRA (#1113) Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (as updates are available) Status Reports (post -survey documentation) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. Budget next Page 19 EXHIBIT A Packery Channel Monitoring Program Estimated Budget 2017/2018 Personnel Principal Investigator Database Management/Support and Technical Staff Subtotal Personnel (Salary/Wages) $ 43,807 $ 13,761 $ 57,568 Benefits $ 18,499 Total Personnel $ 76,067 Travel (Transportation to Surveys) Rental vehicle and fuel $ 550 Other Project Costs Materials and Computer (software upgrades repair allowance, backup/archive, desktop computer) Surveying/post processing (Subcontract) Aerial Photography (Contract/PO) Total Travel and Other $ 5,000 $ 128,350 $ 7,750 $ 141,650 Subtotal Personnel $ 76,067 Subtotal Travel and Other $ 141,650 Total Salary/Wages/Benefits/Other $ 217,717 F&A (35%) $ 40,028 Project Total (Task 1 (subtasks 1-2) and Task 2 (subtasks 2-4) Excluding Event Task (2-5) Total Streamline savings and cost reduction $ 257,745 S 26,000 Project Total (T -ask 1 (sks 1 2)-aHel Task (sks 1 5) up to $ 331,6/12 Including Event Task (2 5) up to $73,897 Which provides for Disaster Preparedness (Hurricane Response) 20 EXHIBIT A References Reed, C.W., Lin, L. (2011). Analysis of Packery Channel Public Access Boat Ramp Shoreline Failure, Journal of Coastal Research, Special Issue 59, http://dx.doi.org/10.2112/SI59- 015.1, 150-155 pp. Williams, D.D. (2015). Packery Channel Monitoring Program: Assessment of Beach Nourishment and Maintenance Strategies south of Packery Channel, Corpus Christi Texas. Technical Report for the City of Corpus Christi, TAMUCC-CBI-CDL-TR-2015-03, 27 p. Williams, D.D. (2016). Packery Channel Monitoring Program: Assessment of Channel Shoaling and Implications for Beach Nourishment along the North Padre Island Seawall (Mar 2013 to Oct 2015). Technical Report for the City of Corpus Christi, TAMUCC-CBI- CDL-TR-2016-01, 23 p. Williams, D.D. (2017 in press). Packery Channel Monitoring Program: Assessment of Channel Shoaling and Shoreline Change with Implications for Beach Nourishment and Adaptive Beach Management (Mar 2016 to Sep/Oct 2016). Technical Report for the City of Corpus Christi, TAMUCC-CBI-CDL-TR-2017-01 21 EXHIBIT A Atttachment A TAM US and the Department of Health and Human Services (DHHS) have signed a new Facilities & Administrative Cost Rate Agreement for TAM UCC. Please find attached copy of the fully executed Rate Agreement for the period 09/01/15-08/31/18. Effective September 1, 2015, the new F&A rate for on campus projects for FY 2016 is 34%. Effective September 1, 2016, the F&A rate will increase to 35% for FY 2017. This rate will remain in effect until 8/31/2018. Note the new Rate should be applied to MTDC base as originally approved on September 1, 2011. Also, note the "off -campus definition" is different than in the past. Off campus rate is 24%. It is TAMUCC's policy to request the appropriate federally negotiated indirect cost rate in the proposal budget for all sponsored projects regardless of funding source, unless a sponsoring agency's written policy will not permit full recovery of indirect costs. ALL FORTHCOMING PROJECTS WITH A START DATE OF 9/1/2015 OR LATER SHOULD CALCULATE INDIRECT COSTS AT THE NEW NEGOTIATED RATE. The Facilities and Administrative Rate Agreement (F&A), often referred to as Indirect Costs, is the process of recovering the portion of costs that support sponsored projects, but are not directly charged to sponsored funds. The total costs associated with organized research can be categorized as either direct costs or indirect costs (also referred to as Facilities & Administrative (F&A) costs). F&A (Indirect) Costs: As defined in OMB A-21, F&A costs are those that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project, instructional activity or any other institutional activity. They are real costs incurred by the colleges/centers and the institution in support of sponsored activities but cannot be directly identified with a specific grant or contract. The costs result from shared services such as libraries, physical plant operation and maintenance, utility costs, general, departmental, unit/department and sponsored projects' administrative expenses and depreciation for buildings and equipment and student administration and services. Types of Indirect Cost Base • Modified Total Direct Costs (MTDC) OMB A-21 defines Modified Total Direct Costs as follow, "consist of salaries and wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each subgrant or subcontract (regardless of the period covered by the subgrant or subcontract). Equipment, capital expenditures, charges for patient care, tuition remission, rental costs, scholarships, and fellowships as well as the portion of each subgrant and subcontract in excess of $25,000 shall be excluded from modified total direct costs." As specified in this definition, some costs are excluded from Total Direct Costs (TDC) to arrive at the MTDC base to which F&A (indirect cost) rates are applied. OMB A-21 also provides for exclusions of other items of cost where necessary to avoid a serious inequity in the distribution of costs. Any questions on determination of the MTDC base should be directed to the Office of Sponsored Research Administration (OSRA). Exhibit A-1 Page 1 of 2 • Total Direct Costs (TDC) Direct Costs: As defined in OMB A-21, "direct costs are those which can be identified specifically with a particular sponsored project, an instructional activity or any other institutional activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. The portion of salary and fringe benefits of a faculty member performing an experiment or a specialized laboratory supply necessary for performing an experiment are examples of direct costs to a sponsored project. Other general categories are: supplies, contractual services, travel and communication, equipment and computer use." • Salaries and Wages (S&W) Include PI salary, other personnel salary and fringe benefits • Other as specified by the sponsor in the RFP For Non-federal agencies and other Non-profit organizations, if a sponsor has a written policy that limits the allowable rate of indirect costs, PIs should consult with the ORSA to discuss whether TAMUCC will accept the restriction. Assessment of indirect costs to a sponsored project allows TAMUCC to recover some of its contribution to the support of the project. Therefore, assessment of waivers is rarely given except in exceptional circumstances. Waiver requests should be directed to the Vice President for Research. Exhibit A-1 Page 2 of 2 EXHIBIT C Insurance Requirements Geotechnical and Construction Materials Testing Contracts 1.1 Consultant must not commence work under this Agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) 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 listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be Contract for Professional Services Exhibit C prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Agreement, 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. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 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: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, 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 Agreement. Failure to provide Contract for Professional Services Exhibit C and to maintain the required insurance shall constitute a material breach of this Agreement. 1.8 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 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 agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C Clks;,4 Carpus Chr sti Engineering Packery Channel Monitoring Council Presentation May 23, 2017 Project Scope 11) Corpus chr sti Engineering • Project has saved the City an estimated $5M in avoided costs since 2010 by not dredging on a regular schedule but only when required, based on survey and analysis • Three seasonal investigations of shoaling and scour in the channel and Gulf of Mexico • Monitor changes in the width/depth of the inland channel segment and beach width/volume Project Schedule 0114911) Corpus chr sti Engineering 2017 2018 Jun Jul Aug Sep I Oct Nov Dec Jan Feb Mar Apr May Packery Channel Monitoring Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in May 2017 with anticipated completion in May 2018. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: TO: January 6, 2017 Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities DanG@cctexas.com (361) 826-1689 Resolution approving the Wastewater Management Plan CAPTION: Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 1 as stated in the Final Report which provides for maintaining all existing WWTPs. PURPOSE: To approve the Wastewater Management Plan Final Report regarding comprehensive improvements to the City's wastewater treatment plants. BACKGROUND AND FINDINGS: The City owns and operates six (6) wastewater treatment facilities. Four of the plants (Allison, New Broadway, Oso, and Greenwood) are located in the main part of the city, one (Laguna Madre) is located on and services the Flour Bluff area, and one (Whitecap) is located on Padre Island. The overall objective of the Wastewater Management Plan is to determine the optimal long- range wastewater treatment plant operating scenario. The optimal strategy will support treatment plant environmental compliance while remaining sensitive to the impact to rate payers from recommended improvements. One of the primary reasons for conducting this study was to confirm the potential benefits of consolidating flows from the six plants into a lesser number of newer larger treatment plants. ALTERNATIVES: Council may choose not to approve the resolution OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: None. RECOMMENDATION: Approval of Resolution as submitted. LIST OF SUPPORTING DOCUMENTS: Resolution, Wastewater Management Plan Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 1 as stated in the Final Report which provides for maintaining all existing WWTPs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council for the City of Corpus Christi, Texas approves the Final Report of the Corpus Christi Wastewater Management Plan, regarding options for improvements to the City's Wastewater Treatment Plants. A copy of the Final Report is attached to the agenda memo accompanying this Resolution. Section 2. That the City Council adopts the Final Report's Option 1 which provides for maintaining all existing WWTPS with the following key infrastructure components: (1) Wastewater Collection System: Repair systems in accordance with requirements to reduce overflows; Redirect some flow from Greenwood to Broadway sewer shed in the interim; (2) Allison WWTP: Repair over next 20 years; Upgrade to BNR in 10 years; Provide effluent reuse facilities for industry in next 10 years; (3) Greenwood WWTP: Repair during 0 to 5 year period; Build new 10 MGD `flood proof' facility; Provide effluent reuse facilities for industry in next 10 years; (4) Broadway WWTP: Repair over next 20 years; (5) Oso WWTP: Repair plant over next 20 years; Upgrade plant to BNR in next 5 years; Expand plant to 20 MGD in next 8 to 10 years; (6) Laguna Madre WWTP: Repair over next 20 years; and (7) Whitecap WWTP: Repair over next 20 years. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member November 2016 Stantec Prepared for: City of Corpus Christi Prepared by: Stantec Consutling Services Inc. in association with LNV, Inc. - Bath Engineering - CR&G - Kailo Communications Sudio - TischlerBise `.■may Stantec Sign -off Sheet This document entitled City of Corpus Christi Wastewater Management Plan was prepared by Stantec Consulting Services Inc. ("Stantec") for the account of the City of Corpus Christi (the "Client"). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec's professional judgment in light of the scope, schedule and other limitations stated in the document and in the contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use which athird party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document. Prepared by Rob Simm, PhD Reviewed by Ashok Varma, PE Sig ure ka& �' Tisch er ise November 2016 Sign -off Sheet Stantec LN/ Table of Contents Executive Summary 1 Recommendation 1 Project Approach 2 Develop Optimal Wastewater Treatment Configuration 2 Project Risks and Evaluation of Delivery Methods 4 1.0 Optimal Wastewater Treatment Configuration 8 1.1. Current Wastewater System Configurations and Operations 9 1.2. Future Requirements 24 1.3. Stakeholders and Stakeholder Input 30 1.4. Summary of Existing Constraints 32 1.5. Identification of the Preferred Wastewater Servicing Option 34 2.0 Implementation Phasing Plan 64 2.1. Introduction 64 2.2. Project Risk Assessment 67 2.3. Proposed Implementation Plan and Project Delivery 69 2.4. Interim Operations Plan 75 2.5. Stakeholder Management Plan 77 3.0 Implementation Programming Schedule 78 3.1. Introduction 78 3.2. Project Implementation Triggers 78 3.3. Proposed Program Implementation Schedule 79 3.4. Risk Management Plan 79 3.5. Fund Requirement Schedule 81 Table of Contents November 2016 R c kailo'` TischlerBise LNV Stantec List of Tables Table ES -1 Key Infrastructure Requirements for recommended Option 4D 1 Table ES -2 Wastewater Servicing Options 2 Table ES -3 Key Project Elements and Associated Critical Implementation Risks 4 Table ES -4 Summary of Fund Requirements 7 Table 1-1 Permit Limits for Existing Allison WWTP 10 Table 1-2 Permit Limits for New Broadway WWTP 11 Table 1-3 Permit Limits for Greenwood WWTP 12 Table 1-4 Permit Limits for Laguna Madre WWTP 14 Table 1-5 Permit Limits for Oso WRP 14 Table 1-6 Permit Limits for Whitecap WWTP 15 Table 1-7 Monthly DMRs for 2014 and 2015 16 Table 1-8 Physical Condition Ratings and Descriptions 17 Table 1-9 Summary of Required Upgrade Costs by Facility 18 Table 1-10 Overall Staffing Benchmarking 19 Table 1-11 Overall Power Benchmarking ($/MG Treated) 20 Table 1-12 Overall Power Benchmarking (kWh/MG) 20 Table 1-13 Typical Process Energy Usage in a Wastewater Treatment Facility 20 Table 1-14 Overall Chemical Cost Benchmark ($/MG Treated) 20 Table 1-15 Summary of Benchmarking Results by Facility 21 Table 1-16 Projected Growth by Existing Sewer Service Area 25 Table 1-17 Projected Population by Sewer Service Area 25 Table 1-18 Flow Projection by Service Area (MGD) - High 26 Table 1-19 Flow Projection by Service Area (MGD) - Low 26 Table 1-20 Current Facility Capacities Now and in 2035 27 Table 1-21 Anticipated Future Nutrient Removal Requirements 28 Table 1-22 Anticipated Biosolids Management Approach 29 Table 1-23 Anticipated Resource Recovery Systems 30 Table 1-24 Stakeholder Engagement Meetings 31 Table 1-25 Site Capacity of Existing Wastewater Treatment Plants 32 Table 1-26 Summary of Key Constraints and Approach to Addressing These 33 Table 1-27 Wastewater Servicing Options 36 Table 1-28 Summary of Infrastructure Requirements for Option 1 38 Table 1-29 Proposed Unit Operations for New 10 MGD Greenwood WWTP 38 Table 1-30 Summary of Infrastructure Requirements under Option 2A 39 Table 1-31 Proposed Unit Operations for New 12 MGD Allison WWTP 40 Table 1-32 Proposed Unit Operations for new 20 MGD Laguna Madre WWTP 40 Table 1-33 Summary of Infrastructure Requirements under Option 2B 41 Table 1-34 Summary of Infrastructure Requirements under Option 3A 43 Table 1-35 Proposed Unit Operations for New 32 MGD North Site WWTP 43 Table 1-36 Summary of Key Infrastructure Requirements under Option 3B 45 11 a rrh C R G kaiak Tisch &use November 2016 List of Tables Stantec LNV Table 1-37 Proposed Unit Operations for New 35 MGD Southwest WWTP 45 Table 1-38 Summary of Key Infrastructure Requirements under Option 3C 47 Table 1-39 Proposed Unit Operations for new 32 MGD Southeast Treatment Plant 47 Table 1-40 Summary of Key Infrastructure Requirements under Option 4A 48 Table 1-41 Proposed Unit Operations for new North WWTP under Option 4A 49 Table 1-42 Proposed Unit Operations for New Laguna Madre WWTP under Option 4A 49 Table 1-43 Summary of Key Infrastructure Requirements under Option 4B 50 Table 1-44 Proposed Unit Operations for Proposed Southwest Treatment Plant under Option 4B 51 Table 1-45 Proposed Unit Operations for Laguna Madre WWTP under Option 4B 51 Table 1-46 Summary of Key Infrastructure Requirements under Option 4C 52 Table 1-47 Proposed Unit Operations for New 12 MGD North Plant under Option 4C 53 Table 1-48 Proposed Unit Operations for New 20 MGD Southeast Plant Under Option 4C 53 Table 1-49 Summary of Key Infrastructure Requirements under Option 4D 54 Table 1-50 Proposed Unit Operations for 12 MGD New Plant under Option 4D 55 Table 1-51 Summary of Capital and O&M Costs by Option 57 Table 1-52 Difference in O&M Cost between Servicing Options for Various Labor Inflation Rates 57 Table 1-53 Difference in O&M Costs between Options for Various Power Inflation Rates 58 Table 1-54 Supplemental Wastewater User Rate Calculations 58 Table 1-55 Evaluation Criteria and Weighting Factors used for Options Evaluation 59 Table 1-56 Key Infrastructure Requirements for recommended Option 4D 63 Table 2-1 Preliminary Risk Matrix 68 Table 2-2 Comparison of Project Delivery Options - Value for Money and Increased Cost 72 Table 2-3 Examples of Recent Alternative Delivery Water Projects in Texas 74 Table 2-4 Key Project Elements and Associated Critical Implementation Risks 74 Table 2-5 Preliminary Recommendation on Staffing Levels by Employment Category 76 Table 3-1 Program Implementation Schedule 79 Table 3-2 Potential Alternative Strategies 80 Table 3-3 Summary of Fund Requirements 81 List of Tables November 2016 CTischlerase • pij t ry R LNV Stantec List of Figures Figure ES -1 General Configuration of Preferred Alternative 1 Figure ES -2 Options Evaluation Matrix 5 Figure 1-1 Service Area Boundary of Six Existing Wastewater Treatment Plants 9 Figure 1-2 Aerial Photo of Existing Allison WWTP 10 Figure 1-3 Aerial Photo of ExistingBroadwayWWTP 11 Figure 1-4 Aerial Photo of Existing Greenwood WWTP 11 Figure 1-5 Aerial Photo of Existing Laguna Madre WWTP 13 Figure 1-6 Aerial Photo of Existing Oso WRP 14 Figure 1-7 Aerial Photo of Existing Whitecap WWTP 15 Figure 1-8 Population Projections for the City of Corpus Christi (2020 to 2070) 24 Figure 1-9 Option 1 System Configuration 37 Figure 1-10 Option 2A System Configuration 39 Figure 1-11 Option 2B System Configuration 41 Figure 1-12 Option 3A System Configuration 42 Figure 1-13 Option 3B System Configuration 44 Figure 1-14 Option 3C System Configuration 46 Figure 1-15 Option 4A System Configuration 48 Figure 1-16 Option 4B System Configuration 50 Figure 1-17 Option 4C System Configuration 52 Figure 1-18 Option 4D System Configuration 54 Figure 1-19 Options Evaluation Matrix 60 Figure 1-20 System Configuration of Recommended Option - Option 4D 62 Figure 2-1 Conceptual Site Plan for New North Treatment Plant 64 Figure 2-2 Greenwood Pumping Station Site Plan 65 Figure 2-3 Preliminary Layout for Upgraded and Expanded Oso WRP 65 Figure 2-4 Potential Force Main Routing for Flow Diversion from McBride Lift Station to Broadway WWTP 66 Figure 2-5 Potential Force Main Routing for Flow Diversion from Arcadia Lift Station to Broadway WWTP 66 Figure 2-6 Relative Risk Transfer with Various Alternative Delivery Approaches 73 Figure 2-7 The Project Triangle - Anticipated Number of Bidders for Various Project Delivery Approaches 73 Figure 3-1 Alternative Option 4E 80 C R G G kaiak Tisch &use November 2016 List of Figures Stantec LN/ Abbreviations ADF Average Dry Weather Flow AS Activated Sludge BOD5 5 -day Biochemical Oxygen Demand CBOD5 5 -day Carbonaceous Biochemical Oxygen Demand CHP Combined heat and power CIP Capital Improvement Plan CMAR Construction Manager at Risk DAF Dissolved Air Floatation DB Design -Build DBM Design -Build -Maintain DBO Design -Build -Operate DMR Discharge Monitoring Report DP Design Professional FAF Facility Assessment Form FTE Full time equivalents GIS Geographical Information System GMP Guaranteed Maximum Price GPCD Gallons per capita day MGD Million gallons per day MLSS Mixed liquor suspended solids NACWA National Association of Clean Water Agencies NPDES National Pollution Discharge Elimination System O&M Operations and Maintenance OPC Opinion of Probable Cost PDB Progressive Design Build P3 Public -Private -Partnership QBS Qualifications Based Selection RAS Return Activated Sludge SRT Solids Retention Time SSO Sanitary Sewer Overflow TCEQ Texas Commission on Environmental Quality TN Total Nitrogen TP Total Phosphorus TSS Total Suspended Solids TWDB Texas Water Development Board TSWQS Texas Surface Water Quality Standards USEPA United States Environmental Protection Agency UV Ultraviolet Disinfection WAS Waste Activated Sludge WRP Water Reclamation Plant W W TP Wastewater Treatment Plant Abbrevlatlons November 2016 LNV Stantec Executive Summary Recommendation Based on the analysis outlined within this report, it is recommended that the City of Corpus Christi (City) adopt Option 4D for their Wastewater Management Plan. The configuration of this preferred option is presented in Figure ES -1 and the primary elements summarized in Table ES -1. Figure ES -1 General Configuration of Preferred Alternative ( ) New Treatment Plant • Close Treatment Plant Repair Treatment Plant O Expand Treatment Plant —> Wastewater Pipeline Reuse Pipeline —>p /////://, —> 14. J Table ES -1 Key Infrastructure Requirements for recommended Option 4D Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 10 years • Decommission the plant after 10 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR and expand to 20 MGD over next 5 years. Laguna Madre • Repair the existing plant over the next 5 years • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the Oso treatment plant. Whitecap • Repair over next 20 years Path C R G kaiakTisch &use November 2016 Executive Summary 1 Stantec LNV Project Approach The overall objective of this project is to determine the optimal long-range wastewater treatment plant, consolidation and trunk sewer pumping scenario. The optimal strategy will support treatment plant environmental compliance while remaining sensitive to the impact to rate payers from recommended improvements. After determining the optimal strategy, the City wishes to develop an improvements implementation plan elaborating logical project limits for procurement, project sequencing, and overall program schedule and budgets for each element. The project plan was developed under three phases as follows: • Phase 1- Develop an optimal wastewater treatment configuration • Phase 2 - Develop an implementation phasing plan • Phase 3 - Develop an implementation programming schedule Develop Optimal Wastewater Treatment Configuration The City of Corpus Christi presently owns and operates six (6) wastewater treatment facilities. Four of the plants (Allison WWTP, New Broadway WWTP, Oso WRP, and Greenwood WWTP) are located in the main part of the city, one (Laguna Madre WWTP) is located on and services the Flour Bluff area, and one (Whitecap WWTP) is located on Padre Island. One of the primary reasons for conducting this study was to confirm the potential benefits of consolidating flows from the six existing wastewater treatment facilities into a lesser number of newer larger treatment plants. The unit operating costs for larger wastewater treatment plants tend to be lower than for smaller facilities. This is primarily due to reduced staffing levels, measured as full-time equivalents (FTEs) per million gallon (MG) treated, and lower unit power costs measured as kilowatt hours (kW -hr) per million gallon treated that decline with increasing plant capacity. Ten consolidation options were evaluated for this study, as summarized in Table ES -2. Table ES -2 Wastewater Servicing Options Category Description Options 1- Maintain all Existing Plant sites • Keep six sites. Replace Greenwood on same site. Continue with current operations and planned maintenance. • 1- Maintain Existing Sites 2 - Consolidate at Existing Plant sites • Keep Broadway & Whitecap. • Consolidate remainder at two of the existing plant sites. • 2A - Allison + Laguna Madre • 2B Allison + Oso 3 - Consolidate at New Plant site • Keep Broadway & Whitecap. • Consolidate remainder at one new plant site. • 3A - North site • 3B - Southwest site • 3C - Southeast site 4 - Combination of New and Existing sites • Keep Broadway & Whitecap. • Consolidate remainder at two sites with at least one new site plus an existing site. • 4A - North + Laguna Madre • 4B - Southwest + Laguna Madre • 4C - North + Southeast • 4D - North + Oso 2 Executive Summary November 2016 Rc kailo'` TischlerBise The city is facing an estimated sustaining capital spend at the six existing wastewater treatment facilities of approximately $220 M. The majority of the capital requirements are for the Greenwood (approximately $61 M) and Oso (approximately $81 M) facilities. The contributing sewer shed for these two plants is also where the majority of anticipated demand growth is expected to occur. The 2016 capital improvement plan is for an estimated capital spend to 2035 of approximately $524 M and results in utility rates that are considered unaffordable based upon EPA affordability criteria. User rate increases are driven in large part by increases in capital spend. The increase in capital spending can be partly offset by reductions in annual operation and maintenance (O&M) spend. Options requiring a large upfront capital spend over the next 5 to 10 years will have a significant further negative impact upon wastewater user rates if not offset by O&M cost efficiencies. The implementation of any of the options presented in this report needs to strike the appropriate balance between minimizing the sustaining capital spend on existing facilities destined to be taken out of service and consolidating existing facilities as soon as practical in order to realize annual O&M savings associated with economies of scale, while staging planned capital spending for new facilities in order to minimize the impact upon user rates. The best way to assess the options under consideration was to construct a detailed cash flow model for each. The consulting team constructed detailed capital and O&M cost models for each of the ten options considered for this study. All of the options were compared against Option 1- Maintain existing six plant sites, which was treated as the benchmark. The team then conducted sensitivity analyses on each of the options considered to determine how changing conditions might impact costs as well as the recommended servicing option. The financial analysis suggests Option 1- Maintain the six existing plant sites has the lowest overall capital cost associated with treatment and pumping infrastructure given that it takes maximum advantage of existing infrastructure. However, Option 1 has the highest O&M costs of the options considered. Option 1 also has the highest capital cost for industrial reuse water given reuse water would likely have to be provided from two treatment plants as opposed to one under other options, which renders no significant user rate savings. Rath C R r<r G kaiak use LNV ® Stantec The cost analyses suggest Options 2B and 4D are competitive with Option 1 from an overall cost perspective considering capital costs for treatment and reuse as well as cumulative O&M costs. The relative impact on user rates for options 1, 2B, and 4D is essentially equal. Option 3A, which has the highest cumulative capital cost of the options considered, would have a statistically significant impact on user rates relative to the Option 1 benchmark. Sensitivity analysis demonstrates that the difference in O&M cost savings is most sensitive to labor costs and labor cost inflation. The consolidation options each result in significant staff reductions relative to the bench mark Option 1 even after optimizing existing plant operations. Higher future labor costs and increased labor inflation will favor the consolidation options, particularly options 2B and 4D, relative to the benchmark (Option 1). Prior to evaluating the Options, the City staff and their consultant team engaged with the citizens and other stakeholders to hear what issues and concerns needed to be considered in selecting the optimum future wastewater configuration. As can be expected, there was a wide range of opinions expressed by the general public, neighborhood associations, agencies, business professionals and other interested parties. These issues of concern were then grouped into preliminary evaluation criteria to cover the Economic, Social, Natural and Technical environments. The preliminary criteria were presented to City staff at an evaluation workshop where the team could confirm that these fully covered the range of relevant issues and also establish the relative priorities. Three priority levels and associated weightings were proposed: normal items were unweighted (level 1), important items were given a double weighting (level 2) and the most critical items were given a triple weighting (level 3). Having established the evaluation criteria, each of the 10 Options was evaluated using a qualitative five -point scale that ranged from strongly negative to strongly positive with a neutral midpoint level. It should be emphasized that the evaluation is subjective in nature and seeks to determine the relative performance or predicted impact under each criteria of an option as compared to the performance or impact of the other servicing options. To reinforce that the evaluation is qualitative in nature, symbols rather than numbers were used to represent the "score" under each criterion. The evaluation of the ten options are presented here in Figure ES -2. Based on this evaluation, the highest ranked wastewater servicing configuration (identified as 4D) is to consolidate future wastewater treatment around two main facilities - a new North plant and the existing Oso plant. It should be noted that this evaluation was based on assumptions of future water quality effluent standards which will still need to be verified. November 2016 Executive Summary 3 Stantec LNV Project Risks and Evaluation of Delivery Methods The key project elements associated with implementation of the preferred configuration (Option 4D) along with the key implementation risks are summarized here in Table ES -3. Rehabilitation and small upgrade projects identified in the physical condition survey would likely be delivered under traditional Design Bid Build (DBB) delivery or some form of job order contracting (JOC) arrangement. Table ES -3 Key Project Elements and Associated Critical Implementation Risks Project Time Frame Estimated Cost ($M) Key Risk Elements Oso WRP BNR upgrade and Expansion 0-5 year $72 M • Constructability associated with existing plant • Impact of construction on existing plant operations. • Inability to secure discharge permit. • Higher cost due to unforeseen circumstances. • Estimated operations cost savings not achieved. Greenwood PS and Force main 0-5 year $73 M • Ability to secure required easements for force main. • Delay in PS and force main construction delays flow transfer to North plant and increases Greenwood WWTP sustaining capital spend. • Traffic impacts during construction. • Flooding of construction site. Laguna Madre PS and Force main 6-10 year $18 M • Ability to get permit for Oso Bay pipeline crossing. • Securing required easements for force main. • Traffic impacts during construction. New North WWTP 0-5 year $103 M • Ability to secure suitable project site. • Delay in getting effluent discharge permit for new plant. • New plant construction not completed on time resulting in additional sustaining capital spend at Greenwood. • Greenwood PS and force main not ready in time to commission new plant. • Operations cost savings not attained post construction. Allison PS and Force main 11-15 years $22 M • Securing required easements for force main. • Traffic impacts during construction. A multi criteria analysis (MCA) was conducted to confirm the best delivery method for each project. Based on this analysis, recommended delivery methods are as follows: • Laguna Madre PS and Force Main - Design -Bid -Build (DBB) • Alison PS and Force Main - Design -Bid -Build (DBB) • Greenwood PS and Force Main - Design -Build (DB) • New North WWTP - Design -Build -Operate (DBO) • Oso WRP BNR Upgrade and Expansion - Construction Manager at Risk (CMAR) • Industrial Reuse - Public Private Partnership (P3) 4 Executive Summary November 2016 Rc kailo'` TischlerBise LNV ® Stantec Figure ES -2 Options Evaluation Matrix U Sub -Topic 1 _ — 2A _— 2B __� �= -'� 3A __— 3B 3C 4A 4B — 4C __— 4D ___ Total Capital Cost Strongly positive —capital cost less than$800M Neutral -mid levelcapital cost of$900M to $1,000M Positive -capital iri cost lessthan $900M Negative -capital fi)costmorethan $1,000M Negative -capital costmorethan $1,000M Negative -capital fi)costmorethan $1,000M Neutral -mid level capital cost of$900M to $1,000M Neutral -mid levelcapital cost of$900M to $1,000M Neutral -mid level capital cost of$900M to $1,000M Positive - capital 46 cost less than $900M Total O&M Cost Negative -high level O&M cost morethan$550M Neutral- mid 4-_)levelO&M cost of $525M to $550M Strongly positive- • low O&M cost less than$500M Neutral- mid 4-_)levelO&M cost of $525M to $550M Neutral -mid o level O&M cost of $525M to $550M Neutral- mid o levelO&M cost of $525M to $550M Positive -lower 1) O&M cost of $500M to $525M Neutral- mid 1) levelO&M cost of $525M to $550M Neutral -mid 1) level O&M cost of $525M to $550M Strongly positive - • low O&M cost less than$500M Cash Flow Strongly positive- • max annual spend of approx $100M Neutral -max O annual spend of approx$200M Neutral -max O annual spend of approx$200M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Strongly negative 0-maxannual $30 dl�ofapprox Strongly negative 0-maxannual $30ndI�ofapprox Neutral -max O annual spend of approx$200M Maintaining base flow Neutral -keeps O ll flows at status quo dr) Negative -reduce flows to Oso Bay Neutral -keeps O criticalflows at status quo dr) Negative -reduce flows to Oso Bay Strongly negative O - reduce flow to Oso Bay, increase to Oso Creek O Negative -reduce flows to Oso Bay ONegative -reduce flows to Oso Bay Strongly negative O - reduce flows to Oso Bay, increase to Oso Creek ONegative -reduce flows to Oso Bay Neutral -keeps O criticalflows at status quo Effluent requirements Negative - continues challenges in Oso Bay and Nueces River Neutral- continues challenges in NuecesRiver Negative- continues © challenges in Oso Bay and Nueces giver Positive -allows 46 lower treatment requirements Neutral- continues challenges in Oso Creek Neutral- continues challenges in Oso Creek Positive -allows lower treatment requirements Neutral- continues challenges in Oso Creek Positive -allows lower treatment requirements Neutral- lower treatment in north, challenges inOso Bay Local eco systems Neutral -keeps status quo Negative- 4' potentialimpact at Blind Oso from loss of flow Neutral -keeps status quo Negative- potentialimpact at Blind Oso from loss of flow Negative- ON potentialimpact at Blind Osofrom loss of flow Negative- potentialimpact at Blind Oso from loss of flow Negative- ON potentialimpact at Blind Osofrom loss of flow Negative- potentialimpact at Blind Oso from loss of flow Negative - ON potentialimpact at Blind Osofrom loss of flow Neutral -keeps status quo Phasing potential Positive -can � proceed with multiple projects atone time Neutral- can 4) proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Negative- requires all fp projects robe completed at same time Negative- requires all projects to be completed at sametime Negative - requires all projects robe completed at same time Neutral- can � proceed at two sites and with pipelines Neutral- can 4) proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Neutral- can 4) proceed at two sites and with pipelines Immediate start to work Neutral- challenges at Oso, remainder available Positive - can dop work adjacent toboth existing plants Neutral- challenges at Oso, remainder available Negative or, -requires acquisition of land Negative 4- - requires acquisition of land Positive - can work independently on new plant Negative 4- - requires acquisition of land Negative - requires acquisition of land Negative 4- - requires acquisition of land Negative - requires acquisitiona land and working at Oso u c kaio ^ Tschler�is, Legend 0 O C 6 • Strongly Negative Neutral Positive Strongly Negative Positive 1 November 2016 ® Stantec LNv 15'.rn S2 U Sub -Topic 1 _�` 2A ht aq„�: __� 2B t$ Afiv.'!- _— - 3A _— ... 3B t ...0 .fiyir` __ 'Negative 3C t 44¢lr_ _= ��' 4A ._.- _ 4B _ 4C — 4D Neighboring g g land use Neutral -.w coatraue residential conflicts at Oso and Greenwood Positive u � sites with good buffers Neutral- continuesCentrales c r esideatial conflicts at Oso Stroaglypositive • -new plant in industrial area newr © plaatmgeaerally residential area Negative -new © plaatmgeaerally residential area Positive � sites withgood buffers Negative -new © plant in generally residential area Neutral- Continues 0 residential conflicts at Oso and Greenwood Neutral-` 0 r esideatial conflicts at Oso Land ownership Positive -no new tio land required for 20 years Strongly positive _ no new land • required for >30 years Strongly positive _ no new land • required for >30 years Negative -land O required for new plant Strongly negative -new O laadrequiredia residential area Strongly positive _ nonewland • required for >30 years Negative -land O requiredfornew plant Negative -land O requiredfor new plant Negative -land O requiredfornew plant Negative -land O requiredfor new plant Existingis impacts Neutral- continues status quo Positive -removes impac at Greenwood and Oso Neutral- Continues C impacts at Oso Positive -removes impac is at Greenwood and Oso Neutral- pac 0 continuesim is atOso Creek Neutral- impacts 0 continuesim is atOso Creek Positive removes tsatOso impacts Creek Neutral- impacts 0 continuesim is atOso Creek Neutral- pac 0 continuesim is atOso Creek Neutral- impacts 0 continuesim is atOso Creek Flooding potential Negative - O requires new flood wall at Greenwood Positive - removes impact from flooding at Oso Creek Positive - removes Au impact from flooding at Oso Creek Positive - removes Au impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes Au impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes Au impact from flooding at Oso Creek 0 Restoration 0 requirements posii Strongly poewOe -mini pipelines required fp Negative -new pipelines required Negative -new pipelines required Strongly negative -requires O extensive pipeline construction Strongly negative requires O extensive pipeline construction Strongly negative -requires O extensive pipeline construction Negative -new O pipehaes re quiredtt) Negative -new pipehaes re quired Negative -new pipehaes re quiredtt) Negative -new pipehaes required Traffic disruption Strongly positive • -minimalnew pipelines required Neutral- new pipelines is generally open areas Neutral- new pipelines in generally open areas Negative- O pipelines cross built up areas Negative- O pipelines cross built up areas Negative- O pipelines cross built up areas Neutral- new pipehnesin generally open areas Neutral- new pfpehnesin generally open areas Negative- O pipelines cross built up areas Neutral- new pfpehnesin generally open areas Potentialfor Reuse Negative- Long distance Oto servicing industry Positive -Allison 46 plantcloseto industry Positive - Allison 46 plant close to industry Strongly positive- • North plant close to industry Negative- Long distance Oto servicing industry Strongly negative -Longest distance Oto servicing industry Positive - North plant close to industry Negative - Long distance Oto servicing industry Positive - North plant close to industry Positive - North 46 plantcloseto industry Servicing new Development Negative - needs O se e growthne Neutral -requires expansion of o pumping and plant Neutral -requires expansion of 0 pumping and plant Neutral -requires expansion of 0 pumping and plant Strongly positive •reewcplantto • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth Strongly positive • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth - Efficiency of O&M Strongly negative continues O operations at 6 sites Neutral- consolidate to two m main plants, one new Neutral- consolidate to two m main plants, one new Strongly positive- • consolidate to one main new plant Strongly positive- • consolidate to one main new plant Strongly positive- • consolidate to one main plant Positive - consolidate to two W main plants, both new Positive - consolidate to two W aia plants, both new Positive - consolidate to two W main plants, both new Neutral - consolidate to two main plants, one new Flexibility forfuture consolidation Negative O-doesnot facilitatefuture consolidation Neutral- can c consolidate Whitecap burner Broadway Neutral- can c consolidate Wlsstecap but not Broadway Neutral- can c consolidate Broadwaybutaot Whitecap Negative O-doesnot facilitatefuture consolidation Neutral- can c consolidate Whitecap burner Broadway Positive - can 46 consolidateboth Wlsstecap and Broadway Neutral- can o consolidate Whitecap burner Broadway Positive - can 46 consolidateboth Wlsstecap and Broadway Positive - can 46 consolidateboth Whitecap and Broadway Overall Rating 102 101 104 95 78 86 100 84 92 106 November 2016 DIU halo 'n iischl r�7s LNV ® Stantec The estimated cash flow requirements for the recommended servicing plan are summarized here in Table ES -4. All capital costs are presented here in 2016 constant dollars. The capital spend by project and year is included with the cash flow models presented in Appendix K. Table ES -4 Summary of Fund Requirements Program Element Collection System Upgrades Associated with Reducing Overflows Implementation Time Frame 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. $127 M $127 M $127 M Allison WWTP Repair and Rehab $13 M $4 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $11 M $3 M $1 M Oso WRP Repair and Rehab $54 M $3 M $6 M $18 M Oso WRP BNR Upgrade & Expansion $72 M Greenwood Repair and Rehab $14 M Greenwood PS and Force main $73 M Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103M Whitecap WWTP Repair and Rehab $19 M $2 M $2 M TOTALS $493 M $155 M $157 M $21 M The total estimated capital spend for Option 4D is approximately $826 M with O&M savings over the next 30 -years of approximately $60 M relative to the benchmark option of maintaining the six existing wastewater treatment plants. Path C R kalio "` TischlerSise G November 2016 Executive Summary 7 Optimal Wastewater Tre Configuration `NV Stantec 1.0 Optimal Wastewater Treatment Configuration The overall objective of this project is to determine the optimal long-range wastewater treatment plant, consolidation and trunk sewer pumping scenario. The optimal strategy will support treatment plant environmental compliance while remaining sensitive to the impact to rate payers from recommended improvements. After determining the optimal strategy, the City wishes to develop an improvements implementation plan elaborating logical project limits for procurement, project sequencing, and overall program schedule and budgets for each element. The project plan was developed under three phases as follows: • Phase 1- Develop an optimal wastewater configuration scenario • Phase 2 - Develop an implementation phasing plan • Phase 3 - Develop an implementation programming schedule Our general approach to the wastewater management plan development included: • Confirm what drives capital and operating and maintenance costs - Sustaining capital requirements needs were identified for each of the six (6) existing wastewater treatment plants (WWTPs). Those factors that will drive future capital expenditure were also identified. Current operating and maintenance (O&M) costs were benchmarked against other comparable facilities and opportunities to optimize existing costs were identified. • Confirm anticipated costs and associated user rates for the status quo alternative - All of the options considered for this study were compared against the alternative of continuation of the existing six -plant system. The project team confirmed the city's current upgrading and expansion plans for the six existing plants. Operational improvements were also identified so that each option considered could be compared against the upgraded, expanded, and optimized six -plant system. • Determine the best recapitalization and consolidation plan that balances cost and technical requirements - An extensive stakeholder engagement plan was conducted to assist in identifying non-financial factors important to the overall plan development. A pre-screening analysis that considered financial, social, environmental and technical factors was used to short-list the best options. • Develop a plan that allows for adjustments to the overall implementation - It is critically important to develop a plan that is flexible enough to account for potential market, regulatory, and technology changes. The pre-screening analysis favored long term servicing options that support flexible implementation. • Develop a CIP and list of contracting packages - Contracting packages that support a cost-effective solution and provide the best value to the City and rate payers were identified. • Identify risk factors associated with implementation - Every project involves some degree of risk. The key project risks, probability of their occurrence, and consequences of a specific risk being realized were identified. A risk management plan was then developed to address identified risks. • Identify the best project delivery approach and plan for each contracting package - The party best able to manage potential project risks was identified in consultation with the City, and the best project delivery approach for each contracting package was determined. • Develop a cash flow plan and schedule - The results of the study were summarized into a cash flow plan and associated schedule. Path C R G kaiak Tisch &use November 2016 Optimal Wastewater Treatment Configuration 8 Stantec LNV 1.1. Current Wastewater System Configurations and Operations 1.1.1 Existing System Configuration and Operations The City of Corpus Christi presently owns and operates six (6) wastewater treatment facilities. Four of the plants (Allison WWTP, New Broadway WWTP, Oso WRP, and Greenwood WWTP) are located in the main part of the city, one (Laguna Madre WWTP) is located on and services the Flour Bluff area, and one (Whitecap WWTP) is located on Padre Island. The service area for each of the existing six plants is presented here in Figure 1-1. Figure 1-1 Service Area Boundary of Six Existing Wastewater Treatment Plants Allison pro moo, I reenFwU d 1 ISA HOD] City of Corpus Christi I Wastewater Service Areas L� 2 4 8 Miles 12 The plants vary in age from the original construction in the WWTP. • Oso pf9-# MODS 00.4,e. Go,Ouf Cfi,St Day Laguna Madre 3.9 M4DS • 1. The wastewater collection system is extensive and consists 100 miles of force main. Whitecap SR.S M44S 1940s and 1950s to the recently constructed New Broadway of 1,243 miles of sanitary sewer, 100 pumping stations, and Abrief description of each of the six wastewater treatment plants is provide in the text that follows. 9 Optimal Wastewater Treatment Configuration November 2016 RNIL c kailo'` TlschlerBlse 1.1.1.1 Allison WWTP The Allison WWTP is a 5 million gallon per day (MGD) activated sludge facility that is currently being operated in "contact stabilization" mode. Originally constructed in 1966 as a 2 MGD facility, the Allison WWTP was expanded in 1984 to its current capacity and modified to allow for wastewater treatment to be accomplished in either the "contact stabilization" or "complete mix" mode. An annotated aerial photograph of the existing Allison WWTP is shown in Figure 1-2. Figure 1-2 Aerial Photo of Existing Allison WWTP The liquid treatment unit processes of the Allison WWTP include screening, grit removal, complete mix activated sludge process, secondary clarification, filtration, disinfection, sludge stabilization and sludge dewatering. Raw wastewater enters the plant through a gravity collection system and the force main from the Sharpsburg Lift Station and is then pumped by the Plant Lift Station to the new Mechanical Bar Screen Facility where debris is screened from the flow. The wastewater continues by gravity to the adjacent Grit Removal Unit where grit is separated from the flow before it is split between the East and West Aeration Basins. The activated sludge treatment process consists of nine aeration basins. The aeration basins are separated into the east and west plants. The east plant is from the original 1966 construction and consists of six aeration basins and the west plant was constructed in 1984 and consists of three aeration basins. There are four centrifugal blowers located in the Blower Building that are used to supply air to the east and west aeration basins, east aeration airlift, west aeration airlift, pre - thickener airlift pumps, and aerobic digesters 1 thru 4. Mixed liquor from the Aeration Basins flow to the two Final Clarifiers where solids are allowed to settle out and the clear water (effluent) flows over the weirs to the Automatic Backwash Filter. Return Activated Sludge (RAS) pumps recirculate the solids to the head of the Aeration Basins to Path C R G kalokTisch &use LNV ® Stantec mix with the incoming raw wastewater. The Automatic Backwash Filters provide additional solids removal from the effluent before it is dosed with liquid Sodium Hypochlorite for disinfection in the Chlorine Contact Chamber. At the end of this chamber the effluent is dosed with Sodium Bisulfite to remove the chlorine in the water. Solids are removed from the system, concentrated in the thickeners and stabilized in the Aerobic Digesters prior to dewatering on the two belt presses in the Sludge Dewatering Building. The existing Sludge Drying Beds provide a location for dewatering other material collected at the plant. Dried solids are transported to the City's landfill for disposal. Treated effluent from the Allison WWTP is permitted by the TCEQ to be discharged from two separate outfalls. Outfall 001 is the original discharge method through two parallel 24 -inch diameter pipes leading from the plant site, north to the Nueces River. Treated effluent can also be pumped to Outfall 002, known as the Effluent Diversion Demonstration Project, located across the Nueces River from the plant. Discharge from Outfall 002 is into South Lake in the west end of Nueces Bay. The existing effluent discharge permit for the Allison WWTP was issued January 12, 2015 and expires on May 1, 2018. The current permit limits are summarized here in Table 1-1. Table 1-1 Permit Limits for Existing Allison WWTP Effluent Characteristic Daily Average Outfall No. 001- Nueces River Tidal Flow 5 MGD (peak 2 -hour flow = 15 MGD) BOD5 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Ammonia - Nitrogen 12 mg/L (weekly -18 mg/L, max. - 24 mg/L) Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) Outfall No. 002 - Nueces to South Lake Flow 2 MGD (peak 2 -hour flow = 4 MGD) BOD5 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Ammonia - Nitrogen 4 mg/L (weekly- 6 mg/L, max. -10 mg/L) Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) November 2016 Optimal Wastewater Treatment Configuration 10 5 Stantec LNV 1.1.1.2 Broadway WWTP The Broadway WWTP is an 8 MGD activated sludge facility that was constructed between 2010 and 2013 to replace the original Broadway WWTP constructed in 1938 and subsequently upgraded in 1940, 1950, 1954, and 1980. An aerial photo of the existing Broadway WWTP is shown in Figure 1-3.. Figure 1-3 Aerial Photo of Existing Broadway WWTP 1.1.1.3 Greenwood WWTP The Greenwood WWTP is an 8 MGD activated sludge facility that currently operates in the "complete mix" mode. Constructed in 1957, the Greenwood WWTP, was originally known as the Westside WWTP and operated as a trickling filter plant with anaerobic digestion. Since then the Greenwood WWTP underwent two major expansions. The first in 1990 increased the plant's capacity to 6 MGD and converted the contact stabilization. The second expansion occurred in 1998, which further increased the plant's capacity to 8 MGD and converted the wastewater treatment process from the "contact stabilization" mode to the "complete mix" mode. An annotated aerial photo of the existing Greenwood WWTP is shown in Figure 1-4. Figure 1-4 Aerial Photo of Existing Greenwood WWTP The new Broadway WWTP consists of influent pumping, screening, grit removal, three aeration basins, two secondary clarifiers, and UV disinfection. The new Broadway WWTP is the only existing facility that accepts hauled waste. The plant discharges treated effluent to the Corpus Christi inner harbor. The existing effluent discharge permit for the new BroadwayWWTPwas issued December 10, 2013 and expired on June 1, 2016. The City is currently negotiating a permit renewal with TCEQ. The current permit limits are summarized here in Table 1-2. Note that the peak 2 -hour capacity has been planned and permitted for 40 MGD but to date has only been built at 20 MGD. Table 1-2 Permit Limits for New Broadway WWTP Effluent Characteristic Daily Average Discharge - Corpus Christi Inner Harbor Flow BODS Total Suspended Solids (TSS) Total Copper Enterococci 8 MGD (peak 2 -hour flow = 40 MGD) 20 mg/L (weekly- 30 mg/L, max - 45 mg/L) 20 mg/L (weekly- 30 mg/L, max. - 45 mg/L) 0.0241 mg/L (max. - 0.051 mg/L) 35 MPN/100 mL (max. - 104 MPN/100 mL) The liquid treatment unit processes of the Greenwood WWTP include screening, grit removal, complete mix activated sludge process, secondary clarification, disinfection, sludge stabilization and sludge dewatering. All raw wastewater flow enters the plant through the gravity collection system and is then pumped by the Plant Lift Station to the Influent Structure where debris is removed by the mechanical bar screens and grit is separated in the grit chambers. A Parshall flume and flow meter measure and record the influent flow stream. Splitter Box No.1 on the end of this structure divides the flow to the four Primary Clarifiers. A portion of the solids settle out in the primary clarifiers and they are pumped to the thickener. The remaining raw wastewater overflows the clarifier weirs and continues on to Splitter Box No. 2. Splitter Box No. 2 is used to mix the raw wastewater from the Primary Clarifiers with the Return Activated Sludge (RAS) from the Final Clarifiers and then divides it to each end of the Aeration Basins. The activated sludge treatment process consists of five aeration basins. There are four centrifugal blowers located in the Blower Building that are 11 Optimal Wastewater Treatment Configuration November 2016 nein C R G kapok Tsscs h lase used to supply air to the Aeration Basins and various airlift pumps and aerated structures. Mixed liquor from the Aeration Basins flow to the two Final Clarifiers where solids are allowed to settle out and the clear water (effluent) flows over the weirs to the Effluent Screening Facility. RAS pumps recirculate the solids to Splitter Box No. 2 to mix with the raw wastewater. A portion of the settled solids is removed as Waste Activated Sludge (WAS) and is pumped to the thickener. The Effluent Screening Facility removes any remaining larger solids from the effluent before it travels through the Ultraviolet (UV) Disinfection Unit. The effluent is dosed with ultraviolet light in the UV Disinfection Unit to kill pathogens and provide disinfection of the effluent prior to discharge. A Parshall flume and flow meter measure and record the effluent prior to discharge at the Effluent Structure. This structure also contains the non -potable water pumps that pump the treated effluent into the plant non -potable water distribution system for use around the plant site. An Effluent Pump Station is located adjacent to the Effluent Structure and pumps water for off-site effluent reuse. Primary solids from the four primary clarifiers, as well as Waste Activated Sludge (WAS) from the secondary clarifiers are pumped to the Dissolved Air Floatation (DAF) Thickener for additional thickening. The supernatant from the DAF is either transported back to the lift station at the headworks of the plant or is re -circulated through the DAF following air -injection. From the DAF, the sludge goes through the Digester Pump Building and is pumped into one of two primary anaerobic digesters: Primary Digester No. 2 and Primary Digester No. 3, which are filled alternately. The sludge in the primary digesters is recirculated through the sludge heaters in the Digester Pump Building. These heaters are operated as necessary (mostly in the winter months when the ambient temperatures are low) to maintain optimal temperatures for anaerobic digestion. The sludge is then pumped through the Digester No. 1 Pump House into Primary Digester No. 1 where further anaerobic digestion occurs. Under designed operating conditions Primary Digester No. 1 is filled from the bottom and the sludge is mixed periodically through recirculation. The sludge then gravity feeds into the Secondary Digester for final digestion. In the Secondary Digester the sludge is also periodically recirculated while decanting supernatant from the sludge. This supernatant is transported back to the Influent Lift Station through a 10 -inch drain line. From the Secondary Digester, the sludge is pumped into the Sludge Dewatering Building and fed into one of the two belt filter presses. The filtrate from the belt filter presses is transported back to the Influent Lift Station through the same 10 -inch drain line conveying the supernatant from the secondary digester. Even though the plant has the Path C R G kaiakTisch &use LNV ® Stantec ability to utilize two belt filter presses, only one is used at a time because the 10 -inch drain line tends to overflow. The dewatered solids from the belt filter presses are transferred to containers and transported off-site for disposal. The plant has sludge drying beds, but these are not routinely in use for dewatering sludge. The beds are occasionally used if the belt filter presses are down or if a greater volume of solids needs to be wasted from the plant. Biogas is collected from all four digesters. The biogas from Primary Digester No. 2 and No. 3 is collected and is either re -injected into the respective digesters, transported to the Digester Pump Building to be combusted in the heaters, or is sent to the facility Waste Gas Burner (Flare). The heaters utilize the biogas and supplemental natural gas to heat the undigested sludge to improve the efficiency of the anaerobic digestion process. The biogas produced from Primary Digester No. 1 and the Secondary Digester is collected and flows to the Digester Pump Building to also be used by the sludge heaters. Excess biogas not utilized by the sludge heaters is combusted through the Waste Gas Burner (Flare). The existing effluent discharge permit for the Greenwood WWTP was issued March 24, 2014 and expires on June 1, 2017. The current permit limits are summarized here in Table 1-3. Table 1-3 Permit Limits for Greenwood WWTP Effluent Characteristic Daily Average Discharge - La Volla Creek (thence to Oso Creek and iimmismanimmegramisimilirmesi Flow 8 MGD (peak 2 -hour flow = 24 MGD) BODS 10 mg/L (weekly -15 mg/L, max - 25 mg/L) Total Suspended Solids (TSS) 15 mg/L (weekly - 25 mg/L, max. - 45 mg/L) Total Copper 0.013 mg/L (max. - 0.027 mg/L) Ammonia -Nitrogen 3 mg/L (weekly- 6 mg/L, max. -10 mg/L) Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) Dissolved Oxygen 4 mg/L minimum 1.1.1.4 Laguna Madre WWTP The Laguna Madre Wastewater Treatment Plant is a 3.0 MGD activated sludge facility that is currently operated in the extended aeration mode. The plant was originally constructed in 1971 to serve the Flour Bluff area of Corpus Christi, and was expanded in 1986 to meet projected population demand. The Laguna Madre Plant has the ability to be operated in either extended aeration or contact stabilization mode. An annotated aerial photo of the existing Laguna Madre WWTP is presented here as Figure 1-5. November 2016 Optimal Wastewater Treatment Configuration 12 Stantec LNV Figure 1-5 Aerial Photo of Existing Laguna Madre WWTP The existing plant process consists of an influent lift station, headworks (including manual bar screen and grit removal facility), aeration basins, secondary clarifiers, return activated sludge (RAS) pumps, chlorine contact chamber, chlorination and dechlorination equipment, effluent pump station, sludge pre -thickener, aerobic sludge digestion, sludge holding tank, and belt filter press. The plant has sludge drying beds which are not used at the present time, but are used when the belt press is taken offline for maintenance. Raw sewage flows into the influent lift station where the sewage is pumped to the headworks. Flow from the influent lift station is combined with raw sewage flows from the Jester Street lift station and the Laguna Shores lift station which enter the plant directly at the headworks. The combined flows pass through a manual bar screen into a grit chamber where grit and debris settle and are removed by air lift pump and grit screw conveyor. The wastewater then flows into the aeration basin where it is mixed with the RAS from both clarifiers. The mixed liquor then flows through a series of three aeration basins, where air is added to the mixed liquor using fine bubble diffusers. The aerated mixed liquor then flows over a straight weir, into a splitter box that splits the flow between the two clarifiers via two sluice gates. In the clarifiers, the mixed liquor is stilled to allow solids to settle. Solids are collected in the center cone and flows by gravity to the RAS station, where it is either sent back to the aeration chambers as RAS or it is wasted as sludge. The clarified effluent is collected through a system of overflow weirs and then flows, by gravity, to the chemical injection boxes where it is disinfected with a solution of sodium hypochlorite (hypochlorite). The effluent then flows by gravity into the chlorine contact chamber over an aeration weir and then through a v -notch weir where the chlorinated effluent is dechlorinated using a solution of sodium bisulfite. The flow rate of the dechlorinated effluent is measured by a Parshall flume. After passing through the Parshall flume, the effluent moves into a diversion box where the effluent can either be discharged by gravity to the primary outfall, (the Laguna Madre) or diverted to the effluent lift station where it is pumped off site for reuse. The plant is set up in such a way that sludge may be wasted from the center aeration basin, the clarifiers, or both. Sludge and scum from the center aeration basin are gravity fed to the pre -thickener and then pumped into the aerobic digesters where air is added to the sludge using coarse bubble diffusers and then flows to the concentrator (sludge thickener). The RAS pumps transfer the sludge from the clarifiers to either the aeration basin (as return) or digesters (as waste). The wasted sludge from the concentrator is pumped to a small sludge holding tank, and then pumped to a larger sludge holding tank and finally dewatered using a belt filter press. While the plant has drying beds, they are currently not being used. If the sludge drying beds are needed the sludge would be pumped from the small sludge holding tank to the drying beds. If the plant is operated in contact stabilization mode, wastewater from the headworks would be directed into the last aeration chamber and the return sludge from the clarifiers would be directed to the first aeration chamber. The return sludge would be aerated and stabilized before combining with the untreated wastewater in the last chamber. Once the mixed liquor passes over the straight weir into the splitter box, flow moves through the plant as described above. Compressed air is supplied to the processes through a series of five (5) blowers. The three (3) newer blowers provide air to the grit chamber, the sludge holding tank near the belt filter press, and the aeration basin. The two (2) older blowers provide air to the sludge digesters. The hypochlorite and the bisulfite are stored in above- ground tanks inside of a containment area. The plant is designed to use chemical feed pumps paced off the effluent flow meter to inject these solutions into the process. The existing effluent discharge permit for the Laguna Madre WWTP was issued August 6, 2015 and expires on April 1, 2020. The current permit limits are summarized here in Table 1-4. 13 Optimal Wastewater Treatment Configuration November 2016 C c kailo" TischlerBise Table 1-4 Permit Limits for Laguna Madre WWTP Effluent Characteristic Daily Average Discharge - Laguna Madre Flow BODS Total Suspended Solids (TSS) Enterococci 3 MGD (peak 2 -hour flow = 9 MGD) 20 mg/L (weekly- 30 mg/L, max - 45 mg/L) 20 mg/L (weekly- 30 mg/L, max. - 45 mg/L) 35 MPN/100 mL (max. - 104 MPN/100 mL) 1.1.1.5 Oso WRP The Oso Water Reclamation Plant (WRP) has a capacity of 16.2 MGD making it the largest of the six wastewater treatment plants in the City of Corpus Christi. The plant serves approximately 50% of the City's population located on the City's south side . The original Oso WRP was constructed in 1941 and has undergone several expansion projects with the most recent upgrade taking place in 1982. The existing treatment plant is operated as a conventional activated sludge facility with aerobic digestion and without primary clarification. An annotated aerial photo of the existing Oso WRP is presented here as Figure 1-6. Figure 1-6 Aerial Photo of Existing Oso WRP The Oso WRP is configured as two parallel trains; each rated at 8.1 MGD average daily flow. Although the original contact stabilization configuration was recently modified and improved with the addition ofbreakpoint chlorination and step feed pumps, the process was not originally intended, nor is it operationally efficient at removing ammonia. Influent is delivered to the Oso WRP by two in -plant lift stations and a remote lift station (Williams Lift Station), all of which discharge at the plant's headworks facility. The existing headworks includes two coarse bar screens (1 -inch spacing), and an aerated grit tank which has been out of service for many years. The screenings drop to a conveyor where they discharge into a screenings box for disposal. Path C R G kaiokTisch &use LNV ® Stantec Screened influent is introduced into the aeration basins (contact basins) where it is "contacted" with a high concentration of activated sludge. The microorganisms rapidly absorb BOD, as they have been without an external carbon source while passing through the re -aeration basins (stabilization basins). Flow from the aeration basins is directed to the rectangular secondary clarifiers, where activated sludge settles, separating it from the effluent. Activated sludge is then returned to the re -aeration basins, and the effluent proceeds to the chlorine contact basins for disinfection. The effluent from the two trains is fed to a common junction box where it is then dechlorinated and proceeds to the permitted outfall in Oso Bay. Return activated sludge (RAS) is delivered to the re- aeration basins where oxygen from additional aeration promotes metabolism of absorbed BOD. Waste activated sludge (WAS) is pumped to the end of the first pass of the re -aeration basins and is delivered to the aerobic digesters (four in series). Digested sludge is piped from Digester 1 to the recently constructed belt press building. The sludge is mixed with polymer, pressed in one of four filter presses, and then stored in a container until it is trucked to landfill for disposal. The existing effluent discharge permit for the Oso WRP was issued April 29, 2011 and expired on June 1, 2014. The City submitted a permit renewal and amendment application to TCEQ, on December 3, 2013. The permit application has been declared administratively complete and is currently under review. The current and proposed permit limits are summarized here in Table 1-5. Table 1-5 Permit Limits for Oso WRP Effluent Characteristic Daily Average Discharge - Oso Bay Flow 16.2 MGD (peak 2 -hour flow = 98 MGD) CBOD5 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Ammonia -Nitrogen 4 mg/L (weekly- 6 mg/L, max. -10 mg/L) Chlorine Residual 0.1 mg/L (maximum) Minimum Dissolved Oxygen 5 mg/L Enterococci 35 MPN/100 mL (max. - 89 MPN/100 mL) November 2016 Optimal Wastewater Treatment Configuration 14 Stantec LNV 1.1.1.6 Whitecap WWTP The Whitecap WWTP is a 2.5 MGD activated sludge treatment plant that was constructed in 1974 and serves the Padre Island portion of the City of Corpus Christi. An annotated aerial photo of the existing Whitecap WWTP is presented here as Figure 1-7. Figure 1-7 Aerial Photo of Existing Whitecap WWTP Raw influent enters the plant at the Bar Screen Building/ Headworks. This structure houses one climber screen with approximately 3/4 -inch bar spacing. Large solids are removed by the screen and carried to a small roll -off container by a belt conveyor. The screened wastewater flows to the Influent Lift Station which is configured as a wet-pit/dry-pit pump station. Screened influent is pumped to the Aeration Basin Distribution Structure equipped with gates and weirs to control flows to the Aeration Basins. The mixed liquor, a combination of raw sewage and RAS, is then split between two Aeration Basins with fine -bubble, membrane diffusers. After aeration, the Secondary Distribution Structure directs flow to one or both Secondary Clarifiers. Clear water from Clarifiers 1 and 2 flows over v -notch weirs and is disinfected in the Ultraviolet (UV) Disinfection Basin. Treated effluent is discharged into a saltwater channel connecting Corpus Christi Bay and Baffin Bay on the west side of Padre Island. The non -potable and reuse water systems draw treated effluent from a box just upstream of the Parshall Flume. Solids from the Clarifiers are removed by the RAS/WAS pumps in the RAS/WAS Pump Station. Return Activated Sludge (RAS) is directed to the Aeration Basin Distribution Structure and the Waste Activated Sludge (WAS) is pumped to the Aerobic Digesters. After digestion, solids are pumped into an effluent chamber and piped to the Solids Handling Building. WAS is pumped to the belt filter press, mixed with polymer, and pressed to a cake. The cake is disposed of by truck and landfilled. The plant also has the ability to utilize sludge drying beds for solids handling, as a contingency. The existing effluent discharge permit for the Whitecap WWTP expires on July 1, 2017. The current permit limits are summarized here in Table 1-6. Table 1-6 Permit Limits for Whitecap WWTP Effluent Characteristic Daily Average Discharge - Laguna Madre in Segment No. 2491 of the Flow Bays & Estuaries 2.5 MGD (peak 2 -hour flow = 7.5 MGD) BODS 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Minimum Dissolved Oxygen 4 mg/L Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) 1.1.2 Physical Condition Survey of Existing Plants and Major Pumping Stations x.1.2.1 Physical Condition Survey Overview The consulting team conducted a physical condition survey of the City's six wastewater treatment facilities and two large wastewater lift stations. The primary objective of the assessment was to confirm the physical condition of the primary assets and estimate the required sustaining capital requirements for each facility. The Team had access to previous Assessment Reports, compiled by others, and the City of Corpus Christi Wastewater Capital Improvement Plan for 2015 to 2017. The Wastewater Department Business Plan and individual WWTP operating budgets, NPDES permits and Discharge Monitoring Reports (DMR) for 2014 and 2015 were also reviewed. In addition, the Team leveraged its knowledge of the facilities, local conditions and relationships with equipment suppliers to evaluate and price the suggested improvements. As part of the assessment, an Opinion of Probable Cost (OPC) was developed for each process area in each facility based on the Teams assessment on when those systems would need to be upgraded over the next 15 -years. These costs were derived from previous reports and the Teams understanding of the local market. Where it was determined that improvements were planned by the City, but not yet under construction, the costs were included in the OPC. Where a construction contract had been issued by the City, the costs for the upgrades were not included in the physical condition survey cost summary. The Williams and Woolridge Lift Stations were also inspected as part of this effort. Both lift stations were constructed in 1981. The Woolridge Lift Station recently added a stand-alone wet weather bypass pump to alleviate wet weather backups into neighboring homes. The 15 Optimal Wastewater Treatment Configuration November 2016 nein G C R halo Tisch rise LNV ® Stantec Williams Lift Station has not had any major improvements since being constructed. A review of the monthly National Pollution Discharge Elimination System (NPDES) Discharge Monitoring Report (DMR) for the years 2014 and 2015 indicated that the facilities have an excellent compliance record. The percent of compliance was calculated using the number of permitted parameters and the frequency of the required testing. Where continuous monitoring is required, it was not used in the calculation, but any exceedances were used. Table 1-7 outlines the facilities compliance record. Table 1-7 Monthly DMRs for 2014 and 2015 Facility Compliance Record 2014 Compliance Record 2015 Percent Compliance 99.56% Excursions 9 Parameter(s) Ammonia Percent Compliance 99.90% Excursions 2 Parameter(s) Ammonia, Enterococcus Allison WWTP Greenwood WWTP 99.84% 3 Enterococcus 99.64% 7 Enterococcus, Copper Laguna Madre WWTP 100% 0 100.00% 0 New Broadway WWTP 99.83% 4 Enterococcus 99.87% 3 Enterococcus, Max Flow Oso WRP 99.96% 1 Enterococcus 100.00% 0 Whitecap WWTP 99.88% 1 Enterococcus 99.76% 2 Enterococcus It is a credit to the operating staff at each facility that they have been able to keep the facilities running and in compliance with its NPDES permit over 99% of the time. 1.1.2.2 Assessment Approach The assessment was conducted using a multidisciplinary approach including process, process mechanical, structural, electrical, instrumentation and controls and HVAC mechanical perspectives. The following WWTP areas were included as part of the assessment and were tailored to meet the processes at each facility. Area 01: Site Development/ SCADA Area 02: Influent Pump Station/ Control Building Area 03: Grit Removal Area 04: Primary Treatment Area 05: Secondary Treatment Area 06: Effluent Filtration Area 07: Disinfection Area 08: Outfall Area 09: Thickening Area 10: Aerobic Digestion Area 11: Anaerobic Digestion Area 12: Biogas System Area 13: Flood Management The goal of the condition assessment was to identify specific processes and equipment needed to maintain the facility to meet the current NPDES permit requirements and reduce operating costs over the next 15 -years. In preparation for the assessment, Stantec prepared a standardized Facility Assessment Form (FAF) for each facility and process area. Each FAF includes a general cover sheet, condition ratings and description, and individual discipline specific sections that detail the observations of the assessment Team for each process area. Condition ratings and subsequent descriptions are included in Table 1-8. Path C R G kaiokTisch &use November 2016 Optimal Wastewater Treatment Configuration 16 C Stantec LNV Table 1-8 Physical Condition Ratings and Descriptions Condition Grade Description Very Good Sound, modern structure or equipment, operable and well-maintained Good As "Very Good", but showing some minor signs of deterioration. Routine refurbishment and maintenance required. Fair Functionally sound, but appearance significantly affected by deterioration. Structure is marginal in its capacity to prevent leakage. Mechanical and electrical plant and components function adequately but with some reduced efficiency and minor problems. Poor Deterioration has significant effect on performance of asset due to leakage or other structural problems. Mechanical and electrical components function but require significant maintenance to remain operational. Very Poor Serious structural problems having detrimental effect on performance of the asset. Will require major overhaul/ replacement of the asset in the short term. All facilities were inspected between January 20, 2016 and January 27, 2016. The purpose of this effort was to evaluate the facility, estimate the costs to upgrade the facility and to allocate those costs based on five year increments beginning in the current year and ending at year fifteen. The following is a summary of the findings. Additional studies that are recommended are also included. All WWTPs, except New Broadway, Whitecap and Laguna Madre, currently use coarse bubble diffusers in the aeration system. Due to the inherent lower energy efficiency of this technology and the increased operating costs, this technology is proposed to be replaced at each facility. A summary of the assessment results for each facility is presented in the text that follows. Detailed inspection information maybe found in the detailed physical condition survey report provided as a stand-alone document. 1.1.2.3 Allison WWTP The facility was rated as "Poor" overall. The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. The most recent capital improvements corrected major deficiencies in the headworks, but did not make modifications to other portions of the process. The facility continues to be operated using outdated technology which hinders management's ability to implement efficiencies and cost savings in the operations. 1.1.2.4 Greenwood WWTP The facility is rated as "Poor". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. The facility continues to be operated using outdated technology which hinders management's ability to bring out efficiencies and cost savings in the operations. The NPDES permit requires the initiation of an "engineering and financial plan" when the plant flows reach 75% of the design capacity. The 2015 flows indicate that this milestone has been achieved. An evaluation of the current UV disinfection system is proposed. The facility is subject to flooding. A study is proposed to review and suggest the implementation of a strategy to protect the facility from flooding. 1.1.2.5 Laguna Madre WWTP The facility is rated as "Fair". This rating is primarily due to the on-going construction which will add state-of-the- art improvements to the headworks. The impact of age, the wastewater and the local environment, combined with the lack of capital improvements, has taken its toll on the remainder of the facility. The current on-going capital improvements will correct several deficiencies, but will not correct them all. The facility continues to be operated using outdated technology which hinders management's ability to implement efficiencies and cost savings in the operations. 1.1.2.6 New Broadway WWTF The facility should be rated as "Very Good" when complete. The facility was put into limited service in 2014. The effluent filter was given a "Poor" rating. It is still operational, but in need of replacement or removal from service. There was one "Very Poor" rating given. A concrete construction joint in the aeration basins was actively leaking. There were also several poor ratings given for concrete expansion joint issues in the aeration basin area. An evaluation of disinfection alternatives, including UV, Chlorine, and filtration is recommended. The UV system is currently being operated at full capacity, although the facility flows are 58% of design flow. 17 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse 1.1.2.7 Oso WRP The facility is rated as "Poor". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. When a change in the NPDES permit required ammonia removal, temporary pumps were set up and a process modification from contact stabilization to conventional activated sludge was initiated. Along with breakpoint chlorination, the facility was in compliance with its NPDES permit 100% of the time. These interim pumping arrangements were still in operation during the inspection. The facility continues to be operated using outdated technology which hinders management's ability to implement efficiencies and cost savings in the operations. An evaluation of breakpoint chlorination and ammonia removal and the impacts for bacteria limits is proposed. 1.1.2.8 Whitecap WWTP The facility is rated as "Poor". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. There are several capital improvements proposed by others. These projects are focused and will correct several deficiencies, but will not correct them all. The facility continues to be operated using outdated technology which hinders management's ability to bring about efficiencies and cost savings in the operations. 1.1.2.9 Williams Liff Station The facility is rated as "Fair". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has had an impact on the facility. LNV ® Stantec 1.1.2.10 Woolridge Liff Station The facility is rated as "Fair". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has had an impact on the facility. 1.1.2.11 Opinion of Probable Cost (OPC) As part of the assessment, an Opinion of Probable Cost (OPC) was developed for required upgrades at each facility and each process area within the facility. The OPC is based on the Teams assessment on when those systems would need to be upgraded over the next 15 -years. These costs were derived from previous reports and the Teams understanding of the local market. Where it was determined that improvements were planned, but not yet under construction, the costs were included in the OPC. Where a construction contract had been issued by the City, the costs for the upgrades were not included in the summary. Where further evaluations were required to better define a solution, an evaluation phase was added followed by an estimated cost. These evaluations are defined by year and are discussed in each facility cost breakdown by year in the Physical Condition Report. Costs for all intervals are based on 2016 dollar terms and are not inflated. Costs for Engineering Services were assumed to be 15%, City Administrative Services 10%, and a Contingency was applied at 30%. The estimated costs for required upgrades, by facility, are summarized here as Table 1-9. Table 1-9 Summary of Required Upgrade Costs by Facility Facility/Years 0-5 Years 6-10 Years 11-15 Years 16-20 Years Total Allison WWTP $13,207,000 $3,506,000 $2,467,000 $937,000 $20,117,000 Greenwood WWTP $14,398,000 $31,011,000 $5,174,000 $10,395,000 $60,978,000 LagunaMadreWWTP $6,581,000 $408,000 $428,000 $1,306,000 $8,723,000 New Broadway WWTP $20,624,000 $3,319,000 $173,000 $702,000 $24,818,000 OsoWRP $53,918,000 $3,431,000 $6,395,000 $17,679,000 $81,423,000 Whitecap WWTP $18,730,000 $213,000 $1,837,000 $2,154,000 $22,934,000 Williams LS $452,000 $1,250,000 $56,000 $1,758,000 Woolridge LS $444,000 $1,250,000 $56,000 $1,750,000 Incremental Costs $128,354,000 $41,888,000 $18,974,000 $33,285,000 $222,501,000 vi G C R kailo "` TischlerSise November 2016 Optimal Wastewater Treatment Configuration 18 Stantec LNV Detailed tables which outline the capital costs for the recommendations can be found in each of the facility sections of the physical condition report. 1.1.3 Existing Operations Assessment 1.1.3.1 Operations Assessment Overview The consulting team performed a review of the current operation and maintenance (O&M) practices at the City's six wastewater treatment plants. This assessment did not include the City's lift stations or collection system. The collection system is being assessed by the City under a long term program as discussed in Section 1.1.4. The primary objectives of the operations assessment included reviewing the existing operating and maintenance (O&M) budgets and practices at each of the six plants, benchmarking O&M costs against other similar sized operations in the country, and identifying potential O&M cost savings through operations improvement. In addition, the consulting team conducted a staffing level benchmarking effort at each plant. 1.1.3.2 O&M Cost Drivers The major costs in providing wastewater treatment services can be broken down into 3 major measurable categories. These categories are: Personnel costs, Power costs, and Chemical costs. These benchmarks were selected because they are typically the largest budget line items and there is sufficient benchmarking data to compare the City's cost to others. Personnel costs are typically the largest budgeted costs. These costs are driven by Federal, State, and local requirements. Local requirements include City Policy and Department practice. Examples of "Local Requirements" would include such things as the number of holidays per year, the accrual and taking of vacation and sick leave, general training requirements, and employee benefit packages. Examples of "Departmental Practice" would include, plant process staffing and employee callout for overtime. The operations assessment focused on "Departmental Practice". Power costs are driven by any number of physical restraints. Facility condition and equipment, controls and operating practices were the focus of the operations assessment. Chemical costs are driven by process requirements and controls available to maximize their effectiveness. Current equipment and operating practices were reviewed. In addition, the age of the equipment and the level of automation needed to control the equipment have a significant impact on the ability to reduce operating costs. In five of the six facilities, equipment and control upgrades have not kept up with current industry standards. 1.1.3.3 Benchmarking The primary source for benchmarking the City's operation was the National Association of Clean Water Agencies (NACWA) "Opportunities & Challenges in Clean Water Utility Financing and Management - NACWA Financial Survey, July 2015" (NACWA Study). This report contains information reported from over one hundred utilities across the United States for 2013. Additional data from other sources was also used where additional comparisons provided clarity to the parameters measured and recommendations provided. The comparison data from the City was the 2016 Wastewater Department Amended Budgets and the 2015 actual plant flows. Additionally, power usage for all facilities for the period October, 2014 through September, 2015 was also used. 1.1.3.4 Overall Comparisons Personnel costs are the largest single treatment cost. These currently account for 23.1% ($4.18 M) of the total facility budgets. The NACWA Study compared the number of staff for treatment and biosolids operations per million gallons per day of wastewater treated. The overall staffing benchmarking is summarized here in Table 1-10. Table 1-10 Overall Staffing Benchmarking Data Source Staffing/MG NACWA Study 1.8 City 2.1 (2015 Flow) City City 1.9 (80% Design Flow) 1.45 (Design Flow) This metric is influenced by the flow into the facilities and the level of automation. The NACWA Study does not differentiate based on the percent of design capacity. Typically staffing levels do not increase due to increased flow. Staffing of small facilities is typically higher on an MGD basis than larger facilities. The City compares favorably to the national average in the aggregate. Possible staffing adjustments are discussed in the text below as well as in the detailed assessment report enclosed in Appendix A. Overall, the amount of day to day maintenance should increase. During the walk through, the condition of the systems indicated that the facilities would be served by an increase in the level of maintenance provided. Power Costs are the second highest treatment cost. Power currently accounts for 21.3% ($3.682 M) of the total facilities budgets. 19 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse The NACWA Study compared the electrical costs per million gallons per day of wastewater treated. The benchmarking of power costs against the national averages is presented in Table 1-11. Table 1-11 Overall Power Benchmarking ($/MG Treated) Electrical Cost ($)/MG Data Source Treated NACWA Study $202.74 City $340.00 The City's costs appear to be 40.3% higher than the national average. This is influenced by the unit cost of electricity, the condition and number of facilities, types of aeration and pumping employed and the amount of automation at each facility. An additional metric is the energy usage per million gallons per day treated (kWh/MGD). This metric provides a more realistic comparison since the unit cost of electricity is not considered. The energy usage per million gallons treated is presented here in Table 1-12. Table 1-12 Overall Power Benchmarking (kWh/MG) Data Source Electrical Energy Usage (kWh/MG Treated) NACWA Study 1,677 Wisconsin Best Practice (1 - 5 MGD) 1,650 Wisconsin Best practice (> 5 MGD) 1,760 City (1 - 5 MGD) (Allison, Laguna Madre, New Broadway, Whitecap) 3,160 City (> 5 MGD) (Greenwood, Oso) 3,234 City (Total) 3,227 These metrics indicate that the City's current average electrical usage is approximately 192% of benchmarked data. There are numerous metrics available that compare power consumption, both overall and by process. The data varies based on the extent to which energy saving process changes have been implemented. The typical energy usage by process or activity is summarized here as Table 1-13. Table 1-13 Typical Process Energy Usage in a Wastewater Treatment Facility Typical Energy Usage Process (% of Total) Aeration 53%to 67% Pumping 14% to 21% Lighting 3% to 8% Other Loads 11elt' C R G 4%to 30% kaiak Tiscff lee ise LNV ® Stantec Aeration is the major source of power usage in the wastewater treatment plant. The efficiency of oxygen transfer to water, as well as the efficiency of pumping and controlling the air flow has significant energy impacts. The New Broadway WWTP is equipped with fine bubble diffusion, variable speed blowers, and DO monitoring and control. The Laguna Madre and Whtiecap WWTPs use fine bubble diffusers but no blower modulation or DO control. The remaining facilities have coarse bubble diffusion, no blower modulation and no DO monitoring or control. Similarly, process pumping is the second major source for power usage. The New Broadway WWTP was installed with variable speed drives on most pumping applications. All other facilities have limited variable speed applications. Variable speed drives allow for the pumping of process flows to meet the demand of the treatment system. It has been reported that a 20% reduction in speed would reduce power input by 50%. This savings would be realized where speed variation over a day would be significant enough to require avariable speed pumping application. Motor replacement costs should be reviewed in the context of life cycle costs. Energy efficient motors, although having a higher first cost, have a lower life cycle cost when considering 96% of the life cycle cost are power costs. Power costs for solids processing and disinfection are reported in the literature as 20% and 1%, respectively. The results of the operations assessment suggest the City has the potential to reduce power costs by approximately $1.7 M annually. In addition, many electric utilities provide grants to assist wastewater utilities in the study and implementation of energy reduction efforts. These grants further reduce the implementation costs. An energy survey and power usage study should be conducted to better understand where these savings can be achieved and the cost of capital improvements necessary to obtain these savings. Chemical Costs are the third highest treatment cost. These currently account for 12.9% ($2.342 M) of the total facility budgets. The NACWA Study compared the Chemical costs per million gallons per day of wastewater treated. The overall chemical cost per million gallons treated is presented here in Table 1-14. Table 1-14 Overall Chemical Cost Benchmark ($/ MG Treated) Chemical Cost ($)/MG Data Source Treated NACWA Study $99.14 City $216.00 Chemical costs are 218% higher than the national average. November 2016 Optimal Wastewater Treatment Configuration 20 Stantec LNV The City uses chemicals in the treatment process for two primary purposes, disinfection to meet the enterococcus permit limit and for sludge conditioning as part of the belt filter press and centrifuge process. There are various processes employed to meet the permitted bacteria limits. UV disinfection is employed at the Whitecap WWTP. Disinfection via chlorination/ dechlorination is employed at Allison WWTP, Oso WRP and Laguna Madre WWTP, and a combination of UV and chlorination/ dechlorination is employed at Greenwood WWTP and New Broadway WWTP. Generally, where chlorination/ dechlorination is used control systems should be inspected, repaired or replaced so that optimization efforts can be implemented to reduce chemical usage and associated costs. An evaluation has been proposed to review the disinfection, and filtration issues at each facility. 1.1.3.5 Summary of Benchmarking Results by Facility A summary of the benchmarking results by treatment facility is presented here as Table 1-15. The detailed assessments of each facility are presented in the assessment report enclosed in Appendix A. Table 1-15 Summary of Benchmarking Results by Facility Category NACWA Benchmark City Comparison Notes Allison WWTP Staffing • 1.8/MG • 2.9/MG • 1.6/MG (design flow) • Condition of facility and lack of automation controls precludes staff reductions. • Once facility brought up to standard there are opportunities to reallocate staff (potential to go to 5 -day work week and reduce staff by 2 FTEs). Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $430/MG treated • 2,201 kW-hr/MG treated • With upgrade of plant systems potential savings is $107,000/year. Chemical • $99.14/MGD • $254/MGD • Chemical costs approximately 218% higher than national average. Greenwood WWTP Staffing • 1.8/MG • 1.6/MG (2015) • 1.2/MG (Design flow) • There are no automated controls and all of the facilities are operated manually • Condition of the facility precludes recommendation for staffing reductions. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $294/MG treated • 2,823 kW-hr/MG treated • With upgrade of plant systems potential savings is $259,000/year. • Further use of biogas could potentially increase the power savings. Chemical • $99.14/MGD • $87/MGD • Chemical costs are in line with expectations. Laguna Madre WWTP Staffing • 1.8/MG • 4.0/MG (2015) • 2.7/MG (Design flow) • Condition of the facility precludes recommendation for staffing reductions. • Consider going to a 5 -day work week at this facility • SCADA upgrades could allow sharing of staff between Laguna Madre and Whitecap Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $192/MG treated • 2,791 kW-hr/MG treated • With upgrade of plant systems potential savings is $57,000/year. Chemical • $99.14/MGD • $151/MGD 21 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Category NACWA Benchmark City Comparison Notes New Broadway WWTP Staffing • 1.8/MG • 2.4/MG (2015) • 1.4/MG (Design flow) • Staffing levels compare favorably with bench mark levels. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $355/MG treated • 3,224 kW-hr/MG treated • Power consumption 195% of bench mark. • With optimization of plant systems potential savings is $307,000/ year. Chemical • $99.14/MGD • $114/MGD Oso WRP Staffing • 1.8/MG • 1.2/MG (2015) • 1.0/MG (Design flow) • Staffing levels are below the national average • Consider going to an 8 hr/day 7 -day work week. This change could allow the staffto be restructured allocating FTEs toward maintenance activities. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $356/MG treated • 3,545 kW-hr/MG treated • Power consumption 201% of bench mark. • With optimization of plant systems potential savings is $850,000/ year. Chemical • $99.14/MGD • $333/MGD • Chemical costs are excessive. Alternatives to breakpoint chlorination need to be investigated. Whitecap WWTP Staffing • 1.8/MG • 7.0/MG (2015) • 3.2/MG (Design flow) • Staffing levels are above the national average • With a modern SCADA system it maybe possible to reduce staffing by 2 FTEs. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $391/MG treated • 4,423 kW-hr/MG treated • Power consumption 268% of bench mark. • With optimization of plant systems potential savings is $61,000/ year. Chemical • $99.14/MGD • $12/MGD • Chemical feed rates are below the national average. The primary conclusions that can be drawn for each of the individual facilities can be summarized as follows: Allison WWTP • 8 operating staff (operates 7 days per week 8 hours per day - maximum staffing on any given day is 5). • Belt press operation is 5 days per week • Operational control of the existing secondary treatment process is limited. • A review of the current solids retention time (SRT) control practices is recommended. • The existing sodium hypochlorite system requires replacement or additional maintenance. • Equipment issues with the thickeners and final clarifiers requires the plant staff to spend an inordinate amount of time dealing with floatables. • The polymer batching system for the belt filter press needs to be repaired or replaced. • The overall level of day to day maintenance needs to increase. Path C R G kaiak use Greenwood WWTP • 10 operating staff (operates 7 days per week 8 hours per day). • Belt press operation is 5 to 6 days per week. • Grit and screenings facility are in disrepair and are difficult to operate (rags are a problem throughout the facility). • The primary clarifiers are in need of rehabilitation to improve reliability. • The aeration basins use coarse bubble diffusers and there is no aeration control. • SRT control methods at the facility should be reviewed and improved. • The DAF unit is currently being used as a sludge holding tank. Primary sludge is pumped here and WAS is pumped directly to the anaerobic digesters (thickening of WAS would increase digester capacity). There are some efficiencies to be released by re- instating sludge thickening. November 2016 Optimal Wastewater Treatment Configuration 22 Stantec LNV Laguna Madre WWTP • 8 operating staff (operates 7 days per week 8 hours per day - maximum number of staff 5). • Belt press operation is currently on an as needed basis. • The condition of the existing aeration equipment makes it difficult for the staff to maintain operational control. Failed valves and poor handrail and walkways make it difficult to access and operate the basins. • The aeration basins use fine bubble diffusers but there is no dissolved oxygen (DO) control or blower control. There are few variable speed drives used at the facility and those that exist, are run in manual. • A review of current SRT control practices is recommended. • Overall, the amount of day to day maintenance at the facility should increase. New Broadway WWTP • Currently, the facility has 11 employees. The facility is manned 8 hours per day, 7 days per week. The maximum staffing on any day is 5. • The centrifuge is operated 5 days per week. • The operations staff took over operation of the facility without the necessary vendor training and completion of the SCADA system, including some field sensors. • Some of the instrumentation, meant to promote better operation and operational efficiency, is not in working order. This appears to be a result of outstanding deficiencies from the construction phase. • New Broadway is the only facility to accept hauled waste. During our inspection, materials were dumped that may have caused the aeration DO levels to drop near zero. Oso WRP • The facility has 16 employees. The facility is manned 24 hours per day, 7 days per week. • Skid mounted pumps have been added at various locations throughout the plant to replace failed equipment, add additional capacity, or make process modifications. The headworks are atemporary arrangement with inadequate ventilation which poses a safety hazard for plant staff. • The grit and screenings facilities are generally ineffective in removing material from the influent. • The aeration basins use coarse bubble diffusers and there is no DO control or blower control. • The breakpoint chlorination is a very inefficient method of ammonia control and should be reviewed. • Overall, the amount of day to day maintenance should increase. Whitecap WWTP • Currently, the facility has 8 employees. The facility is manned 8 hours per day, 7 days per week. The maximum staffing on any day is 5. • The aeration basins use coarse bubble diffusers and there is no DO control or blower control. There are no variable speed drives used at the facility. • The staff operates the blowers at 100%. This is being done to keep the MLSS and heavier materials, not removed in preceding processes in suspension. MLSS was also being carried above normal in the basins. This practice adds additional costs to the process. • The staff cleans the UV system every day. This practice is labor intensive. The staff has found that the practice has decreased the likelihood of enterococcus limit failure. 1.1.4 Collection System Remediation The City completed a city wide hydraulic assessment of the wastewater collection system in 2015 to assist in identifying collection system infrastructure requiring remediation. The analysis results are summarized in the report entitled: "Wastewater Collection System Modelling and Recommendations Final Report" dated April 2015. Sewer lines larger than 10 -inches in diameter and smaller critical lines were modeled using field obtained survey data. All other lines were modelled assuming TCEQ minimum sewer slopes. The hydraulic assessment was based upon the 5 -year 24-hour storm. The hydraulic modeling identified potential capacity constraints and provided an estimate of the associated capital cost to eliminate these constraints through pipe replacement. The estimated pipe replacement cost was approximately $311 M based upon 2015 dollars. The report recommended that the identified capacity constraints undergo a remedial measures analysis that considers infiltration/inflow (I&I) reduction, monitoring, rehabilitation, maintenance, and flow diversion in addition to convey and treat. The City has embarked on a remedial measures analysis and implementation program to identify potential I&I reduction, rehabilitation, and maintenance needs. City staff believes the $311 M capital expenditure identified in the hydraulic analysis report is an upper bound on the remediation cost and has prepared a revised estimate for budgeting purposes. In order to arrive at a realistic remediation budget the City used historical SSO records in conjunction with previous utility department experience. The City compared the sewer system map showing historical SSO locations against the identified potential hydraulic constraints identified in the modeling exercise. Areas where the model predicted a sewer overflow in the design storm and where previous SSOs have been observed (referred to as Type I priorities) were identified for further consideration. Areas where the modeling predicted an overflow but it was not 23 Optimal Wastewater Treatment Configuration November 2016 Haim C x halo TtscFc ise 6iG., , ._... clear if this was truly the result of a capacity constraint (referred to as Type II priorities) were also identified for further consideration. It was assumed that 95% and 75% of the Type I and Type II works would need to be completed based upon historical City experience. The resulting replacement cost for these projects is estimated at $195.5 M. In addition, the City has identified an overall budget of $148.1 M for capacity remediation that includes sewer rehabilitation (pipe lining and repair), ongoing sewer cleaning, and flow monitoring. The cash flow model for all options considered for this plan development therefore includes the following collection system expenditures: • Pipe Replacements - $195.5 M • Capacity Remediation - $148.1 M • Force mains - $14.3 M • Lift stations - $8.6 M The City has had a number of reported sanitary sewer overflows (SSOs) over the last several years and also experienced apparent effluent permit non-compliance events at a number of their treatment facilities. The City is currently negotiating a settlement under a proposed Consent Decree with the state and federal government regarding the City's wastewater collection system and its wastewater treatment plants. The enforcement negotiations began with the issuance of six federal LNV ® Stantec administrative orders (one affiliated with each of the six WWTP discharge permits) in Fall 2011. The negotiations are currently still ongoing and based on having one overall Consent Decree, with both collection system remediation and remedial works at the plants incorporated into this proposed Consent Decree. 1.2. Future Requirements The optimal long-range strategy for the wastewater collection and treatment systems must address future requirements including future growth and regulatory requirements. Anticipated development and future population and flow projections are presented in Sections 1.2.1 and 1.2.2 respectively. Anticipated future regulatory requirements are summarized in Section 1.2.3. Future treatment requirements are presented here in Section 1.2.4. 1.2.1 Future Population Growth and Development Trends The US Census 2014 population estimate for the City of Corpus Christi is 320,438. A commonly used organization for population projection is the Texas Water Development Board (TWDB). Figure 1-8 below indicates the TWDB population forecast for the City of Corpus Christi every 10 years from 2020 to 2070. As shown in the figure, the population for the City is projected to grow to approximately 400,000 persons by around 2055. Figure 1-8 Population Projections for the City of Corpus Christi (2020 to 2070) 420,000 400,000 380.000 0 0 360,004 a 0 • - 3,40,000 3`40,000 320.000 300,000 City of Corpus Christi - Population Projections 40`l, 129 —6-2016 TWDB Population Projections for Carpus Christi 2020 2[730 2040 2050 2060 2070 Path C R G kalok use November 2016 Optimal Wastewater Treatment Configuration 24 Stantec LNV In order to distribute the anticipated population increase by service area, it is necessary to establish where and when growth is anticipated to occur. The City provided mapping of the expected growth areas in the City for the next 10, 20 and 30 years. These GIS maps were then overlaid on the wastewater service areas and the growth per area established for each of these 10 -year planning horizons. Details of the methodology are included in the Flow and Load Projection memorandum enclosed in Appendix B of this report. The expected development area and relative percent growth for each of the six existing sewer service areas is presented here in Table 1-16. It should be noted that all the wastewater service areas have different growth rates. Some wastewater service areas are limited in the amount of area available to be developed where other wastewater service areas have a large amount of area that is available for development. For example, it is anticipated by the year 2036 the Broadway WWTP service area will have been fully developed and the service area will not contribute any significant growth for the remaining years. On the other hand the Oso WRP has a large service area and is expected to be continually developed farther into the future as the City continues to grow and expand into its Extraterritorial Jurisdiction (ETJ) area. Strong growth is anticipated in the Greenwood area, particularly in the middle decade under review. Slow initial growth is expected in the Allison service area, picking up considerably during the final decade of the review. The Laguna Madre and Whitecap areas are both expected to see steady modest growth throughout the 30 years. Table 1-16 Projected Growth by Existing Sewer Service Area Facility Allison 10 Years 20 Years 30 Years Growth (Acres) Percent Growth Growth (Acres) Percent Growth Growth (Acres) Percent Growth 569 7% 339 4% 2,594 31% Broadway 98 1% 279 3% - 0% Greenwood 1,456 17% 4,399 51% 1,187 14% Laguna Madre 848 10% 559 6% 1,257 15% Oso 4,843 56% 2,474 29% 2,244 26% Whitecap 777 9% 607 7% 1,205 14% Total 8,590 100% 8,656 100% 8,488 100% Using the percentage area growth by service area, a population growth estimate was developed for each service area in 5 year increments. The projected population by existing sewer service area is presented here in Table 1-17. Table 1-17 Projected Population by Sewer Service Area Year Facility Allison 2010 2015 2020 2025 2030 2035 2040 2045 29,926 30,826 31,726 32,312 32,898 35,774 38,650 40,334 Broadway 38,926 39,082 39,237 39,720 40,202 40,202 40,202 40,202 Greenwood 56,003 58,305 60,607 68,215 75,823 77,139 78,455 79,226 Laguna Madre 19,891 21,232 22,572 23,538 24,505 25,898 27,292 28,109 Oso 151,890 159,549 167,207 171,486 175,765 178,254 180,742 182,199 Whitecap 11,849 13,078 14,307 15,356 16,406 17,742 19,078 19,860 Total 308,485 322,071 335,657 350,628 365,599 375,010 384,420 389,930 25 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec 1.2.2 Projected Flow and Load The annual average flow projections for each facility were derived using the population projection described above and an estimate of the future per capita flow. In order to bracket the potential flow estimates, two levels of per capita flows were used. An upper bound flow estimate was developed based on the highest annual average per capita flow observed in each applicable service area. This HIGH estimate is shown in Table 1-18 and results in a total annual average wastewater capacity requirement by 2045 of approximately 40 MGD. Table 1-18 Flow Projection by Service Area (MGD) - High Estimated Flow by Year (MGD) Facility Allison Per capita flow (gpcd) 2015 2020 2025 2030 2035 2040 2045 100 3.1 3.2 3.2 3.3 3.6 3.9 4.0 Broadway 110 4.3 4.3 4.4 4.4 4.4 4.4 4.4 Greenwood 110 6.4 6.7 7.5 8.3 8.5 8.6 8.7 Laguna Madre 100 2.1 2.3 2.4 2.5 2.6 2.7 2.8 Oso 100 16.0 16.7 17.1 17.6 17.8 18.1 18.2 Whitecap 110 1.4 1.6 1.7 1.8 2.0 2.1 2.2 Total 32.3 33.3 34.7 36.3 37.9 38.9 39.8 40.4 A second, lower bound estimate was developed using the average per capita flow observed over the last three years. This LOW estimate is shown in Table 1-19 and shows a total annual average wastewater capacity requirement by 2045 of approximately 34 MGD. Table 1-19 Flow Projection by Service Area (MGD) - Low Facility Estimated Flow by Year (MGD) Per capr'd flow (gpcd) 2015 2.8 2020 2.9 2025 2.9 2030 3.0 2035 3.2 2040 3.5 2045 3.6 Allison 90 Broadway 104 4.1 4.1 4.1 4.2 4.2 4.2 4.2 Greenwood 99 5.8 6.0 6.8 7.5 7.6 7.8 7.8 Laguna Madre 78 1.7 1.8 1.8 1.9 2.0 2.1 2.2 Oso 76 12.1 12.7 13.0 13.4 13.5 13.7 13.8 Whitecap 95 1.2 1.4 1.5 1.6 1.7 1.8 1.9 Total 27.6 28.8 30.1 31.5 32.3 33.1 33.6 It should be noted that these projections assume that growth density in each of the service areas will be of a similar mix of population per acre and that the flow per capita will remain in a similar range as the recent historical averages. These simplifications are considered appropriate for the purposes of this planning study, but a more rigorous estimate of flow projections would be needed before design of any new facilities. Using the flow projections developed above, an assessment was made for each facility of the timing for necessary plant expansions. Currently the combined average annual wastewater flow to the six facilities is approximately 30 MGD and the current design capacity for the six WWTPs is 42.7 MGD. Table 1-20, shows the current (2015) flows as compared to the design capacity. Path C R kailo "` TischlerSise G November 2016 Optimal Wastewater Treatment Configuration 26 Stantec LNV Table 1-20 Current Facility Capacities Now and in 2035 Facility Allison Existing Capacity (MGD) Actual 2015 Flow % of Capacity ADF (MGD) 2 -HR Peak (MGD) ADF (MGD) % of Capacity High Low Estimate Estimate 5.0 15.0 2.7 55% 64% 72% Broadway 8.0 20.0 4.3 54% 52% 55% Greenwood 8.0 24.0 6.3 79% 95% 106% Laguna Madre 3.0 9.0 2.1 69% 67% 86% Oso 16.2 98 13.3 82% 84% 110% Whitecap 2.5 7.5 1.4 56% 67% 78% Totals 42.7 193.5 30.1 According to the Texas Administrative Code (TAC) 305.126(a) "whenever flow measurements for any sewage treatment plant facility in the state reaches 75 percent of the permitted average daily or annual average flow for three consecutive months, the permittee must initiate engineering and financial planning for expansion and/or upgrading of the wastewater treatment and/or collection facilities." Currently Greenwood WWTP and Oso WRP are beyond the 75 percent threshold and planning will have to take place to satisfy the TAC 305.126(a) ruling. The anticipated priority for facility expansion based solely on current flow projections is therefore: Oso, Greenwood, Laguna Madre, Whitecap, and Allison. On completion, we are not anticipating Broadway will require expansion within the next 20 to 30 years. 1.2.3 Future Regulatory Requirements The existing treatment facilities will be required to meet future regulatory requirements in addition to accommodating flow and load increases associated with development. We are anticipating future effluent nutrient limits i.e for total nitrogen (TN) and total phosphorus (TP), as the most pressing and likely change to existing effluent requirements. These future limits are expected to eventually impact awastewater effluent discharge into all of the existing or potential receivers including: Oso Creek, Oso Bay, Laguna Madre, Nueces River, Nueces Bay, Corpus Christi Bay, as well as the Ship Channel. Currently, the Texas Commission on Environmental Quality (TCEQ) has issued permit limits for TN or TP for a small fraction of the Texas permittees. These limits are based on the protection of narrative water quality standards, not numeric standards. Texas Surface Water Quality Standards (TSWQS) regulate nutrients as follows: "Nutrients from permitted discharges or other controllable sources must not cause excessive growth of aquatic vegetation that impairs an existing designated, presumed, or attainable use. Site-specific nutrient criteria, nutrient permit limitations, or separate rules to control nutrients in individual watersheds are established where appropriate after notice and opportunity for public participation and proper hearing. Site-specific numeric criteria related to chlorophyll a are listed in Appendix F of §307.10 of this title." The TSWQS do not currently include numeric nutrient criteria for the receiving waters of the City's WWTPs. A change in water quality standards that includes numeric nutrient standards for the City's WWTP receiving waters would increase the likelihood that nutrient permit limits are incorporated in some or all of the existing WWTPs permits and any new WWTPs being considered in the alternatives. For the existing WWTPs, nutrient limits would require significant investment to modify or add treatment units to consistently remove nutrients from the wastewater. At this time TCEQ has not proposed additional numeric nutrient standards for the 2017 standards revision. In previous standards revision cycles, the Environmental Protection Agency (EPA) and the TCEQ have focused on numeric standards for chlorophyll -a in freshwater reservoirs. Today, some of the State's reservoirs have chlorophyll -a standards, but many still do not. Since these standards were adopted, both the EPA and TCEQ have stepped back from the focus on nutrients. At this time, the TCEQ is still working on its approaches to nutrient standards for reservoirs, rivers, and bays/estuaries. We believe that it will still be some time before the TCEQ or EPAwill be able to effectively adopt nutrient standards in bays, estuaries, or tidal segments as are found in the Corpus Christi area. Whether TCEQ would issue TN limits, TP limits or limits for both TN and TP for the City's WWTPs is unknown. However, such limits are anticipated to begin to appear in permits discharging to marine waters in the next 10 to 15 years. Nitrogen is usually considered the controlling nutrient in saltwater bodies, so nitrogen would likely be the initial focus of such limits. In addition, it might be expected that a moderate range of controls would be implemented initially, such as 8 milligrams per liter (mg/L) TN and 1 mg/L TP. Over subsequent permitting cycles and water quality standards revisions, such limits might be reduced in at least some of the larger discharges or for discharges to more sensitive water bodies. For Texas, a lower limit on TN of around 3 mg/L might be expected. Limits on TP might drop to around 0.3 mg/L, where deemed necessary to protect receiving water bodies. A more extensive review of future potential regulatory requirements, biosolids management, and odor control management are enclosed here in Appendix C, D, and E. 27 Optimal Wastewater Treatment Configuration November 2016 tir Rm mc G kaifo �` Tischi era LNV ® Stantec 1.2.4 Future Treatment Requirements The most significant aspect of the treatment requirements evaluation is that all or most of the WWTPs will likely be subject to nutrient limits in the foreseeable future. We are anticipating that moderate nutrient limits would be implemented initially with limits becoming increasingly stringent with time. We would anticipate initial total nitrogen (TN) and total phosphorus (TP) limits of 8 mg/L and 1 mg/L respectively with limits eventually being lowered to limit of technology levels (TN < 3 mg/L and TP <0.3 mg/L). We are anticipating the most sensitive receivers, and the associated treatment facilities, will receive nutrient limits first including Oso Creek, Nueces Bay and estuary, and Oso Bay. This is expected to be followed by the Laguna Madre and Ship Channel over time. Biosolids management at the six (6) city wastewater facilities consists of aerobic digestion, biosolids dewatering, and trucking to landfill disposal. We are anticipating the current practice will not change under the status quo. However, consolidation at a larger plant site or sites would allow an opportunity to implement anaerobic digestion and realize the associated energy recovery and lower operating costs. The anticipated biosolids treatment train at the consolidation sites would include sludge thickening, anaerobic digestion, centrifuge dewatering, and dewatered cake storage. The overarching direction of the wastewater industry is towards increased levels of treatment and resource recovery. Newer plants are typically designed to maximize resource recovery through biogas production and installation of a combined heat and power (CHP) system. We are anticipating the pressure to maximize effluent reuse will continue and anticipate industrial reuse will eventually be implemented. Current EPA regulatory initiatives such as the implementation of effluent viral limits will require increased disinfection limits. The land area requirements for all new plant sites should therefore be sufficient to accommodate these future anticipated initiatives. The projected treatment requirements by plant site are summarized here in Tables 2-21 through 2-23. Table 1-21 Anticipated Future Nutrient Removal Requirements Plant Site Allison (existing plant) Anticipated Nutrient Requirements 0-5 year 5-10 year 10-20 year 20+ years none none TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Allison (new consolidated plant site) TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Broadway none none none none Greenwood TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Oso TN<8 mg/L, TP<1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Laguna Madre (existing plant) none none none none Laguna Madre (new consolidated plant site) TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Whitecap none none none none Southwest Site TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Southeast Site TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L North Site TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L nate C R G kaiakTisch &use November 2016 Optimal Wastewater Treatment Configuration 28 Stantec LNV Total nitrogen and phosphorus limits of 8 mg/L and 1 mg/L respectively can be met via a number of conventional biological nutrient removal (BNR) technologies including the Modified Ludzack-Ettinger (MLE) process with chemical phosphorus removal, 3 -stage Bardenpho, 5 -Stage Bardenpho, and Modified Johannesbourg (MJB) processes to name but a few. We are assuming the City would install a 3 -stage Bardenpho or MJB process at those plants needing to meet these limits for the purposes of this report. The lower effluent limits of < 3 mg/L and <0.3 mg/L nitrogen and phosphorus respectively would require exogenous carbon addition and effluent filtration. We are assuming the required process would include post denitrification filters with methanol addition. Table 1-22 Anticipated Biosolids Management Approach Plant Site Allison (existing plant) Anticipated Biosolids Management Approach Sludge Thickening Digestion Sludge Dewatering Energy Recovery Gravity thickener Aerobic Belt Press None Allison (new consolidated plant site) Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) New Broadway Gravity Thickener Aerobic Centrifuge None Greenwood Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) Oso (upgraded and expanded) Gravity Thickener Anaerobic Belt Press Yes (CHP) Laguna Madre (existing plant) None Aerobic Belt Press No Laguna Madre (new consolidated plant site) Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) Whitecap None Aerobic Belt Press No Southwest Site Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) Southeast Site Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) North Site Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) The option for maintaining treatment at the existing sites requires flood proofing of the existing Greenwood WWTP site. A review of the associated costs suggests it is most appropriate to build a new flood proofed Greenwood WWTP on the Greenwood site adjacent the existing plant facility. As indicated above, all new plants would include anaerobic digestion facilities due to lower operating costs and associated benefit associated with energy recovery. Further, all new plant sites would include an allowance for resource recovery operations. 29 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Table 1-23 Anticipated Resource Recovery Systems Plant Site Anticipated Resource Recovery Effluen euse Phosphorus Recovery none Energy Recovery none Potential Biosolids Amendment none Allison (existing plant) none Allison (new consolidated plant site) Yes Yes Yes Yes Broadway none none none none Greenwood Yes Yes Yes Yes Oso Yes (1) none none none Laguna Madre (existing plant) none none none none Laguna Madre (new consolidated plant site) Yes Yes Yes Yes Whitecap none none none none Southwest Site Yes Yes Yes Yes Southeast Site Yes (1) Yes Yes Yes North Site Yes Yes Yes Yes (1) - It is assumed effluent reuse will be limited from these sites and confined to non -industrial uses due to the significant distance from the respective site to existing heavy industry. 1.3. Stakeholders and Stakeholder Input The consultant team and City staff conducted three open house events and several individual stakeholder meetings during the course of this study. The open houses were conducted in "drop-in" format in order to accommodate availability of the public. The three open houses were operated for approximately 5 to 6 hours from early afternoon to early evening. The purpose and objectives of these meetings are summarized here in Table 1-24. Informational materials were presented on display boards at each open house. Comment sheets were provided at each meeting and the project team also set up a project specific web site www.ccwastewaterstudy.com that displayed project information. Stakeholders provided comments on the project at the meetings by submitting written comments directly to project staff and/or through the project web site at their leisure. The project team prepared an initial stakeholders list at the start of the project which was updated throughout the project duration. The project team sent out targeted invites to project stakeholders in advance of each open house. Along with the targeted invites, the project team used several platforms to promote the public open house: • Existing City social media sites • E -newsletter - Utilized existing Plan CC 2035 address list (similar target audience) • City public access Channel 19 • Digital advertising through Caller Times and Facebook • City staff employee newsletter and notice to all department heads • Promotional assistance by local community/civic organizations to increase reach to the public • Flyers at City facilities such as libraries, senior centers and recreational centers Path C R G kaiakTisch &use November 2016 Optimal Wastewater Treatment Configuration 30 Stantec LNV The media strategy for each event included the following elements: • Media pitch in advance of each open house: Caller Times, KRIS -TV, KIII-TV, KZTV, KORO -TV Nueces County Record Star and the Corpus Christi Business News. • Media advisory sent in advance of each open house: Announcing meeting prior to meeting date as invite to briefing. • Media briefings were held one hour prior to each open house to allow media dedicated time with City staff and materials and interviews. Table 1-24 Stakeholder Engagement Meetings Meeting Number Meeting Description Date Meeting Objective 1 Open House 1 March 24, 2016 • Make the stakeholders aware of the study and the study objectives. • Assist in identifying stakeholder groups and their respective comments and concerns. • Collect stakeholder input on the study objectives and approach. 2 Meeting with Chamber of Commerce April 8, 2016 • Inform Chamber of Commerce members on purpose of study, proposed approach and schedule and update them on progress to date. 3 Open House 2 May 26, 2016 • Update stakeholders on progress made on the study. • Present options under consideration and receive stakeholder input on both the options and proposed assessment methodology. 4 Port Industries Meetin g June 23, 2016 • Update local industry on the project progress. • Discuss requirements for and industry interest in reuse water for industrial purposes. 5 Coastal Bend Bay & Estuaries Program June 29, 2016 • Update program staff on project progress. • Review program staff's specific concerns associated with maintaining return flows to the Nueces Bay and delta and the potential impact industrial reuse may have on these flows. 6 Greenwood Community Meeting July 7, 2016 • Update neighbors of the Greenwood WWTP site on the project progress. • Review alternative plans for the Greenwood site and receive comments on the project from local residents. 7 Flour Bluff Community Meeting July 14, 2016 • Update neighbors of the Laguna Madre WWTP site on the project progress. • Review alternative plans for the Laguna Madre site and receive comments on the project from local residents. 8 Oso Community Meeting July 20, 2016 • Update neighbors of the Oso WRP site on the project progress. • Review alternative plans for the Oso WRP site and receive comments on the project from local residents. 9 Open House 3 July 28, 2016 • Update stakeholders on options under consideration. • Present pre-screening and evaluation methodology for short listed options. • Present preliminary recommendation and associated rationale. • Provide an opportunity for stakeholders to comment on the recommended alternative and the project in general. 10 WE AT/ TAWWA Joint Meeting August 4, 2016 • Present study purpose and objectives to local engineering community. • Present preliminary recommendation and associated rationale. Copies of the handouts, questionnaires, and comments received from each of the open house and neighborhood meetings are provided on the project web site: www.ccwastewaterstudy.com. 31 Optimal Wastewater Treatment Configuration November 2016 C R kali©'` Tischl reBEse• The key concerns expressed by the public during the open houses and stakeholder engagement meetings included: • Minimizing user rates. • Addressing the flooding issues at the Greenwood WWTP and in the community adjacent the plant. • Maintaining environmental base flows in specific receiving streams particularly the Nueces River and Bay and the Blind Oso. • Addressing odor and nuisance issues associated with the Oso WRP. • Providing a plan that addresses future growth south of Oso Creek. Key stakeholder concerns and how these were accounted for in the servicing options development and selection are summarized in Section 1.4.4. The plan for stakeholder management for future phases of the project is addressed here in Section 2.5. 1.4. Summary of Existing Constraints A number of constraints need to be considered when developing future potential servicing options and prior to selection of a preferred wastewater servicing plan. The LNV ® Stantec consulting team conducted several background studies to identify constraints. These, along with stakeholder comments, served as critical input to developing the recommended servicing plan. 1.4.1 Pending Consent Decree The City of Corpus Christi is currently in negotiations with the U.S. Department of Justice (DOJ) and the Environmental Protection Agency (EPA) regarding the city's wastewater system. The DOJ and EPA are alleging Corpus Christi violated the Clean Water Act (CWA) with sewer overflows, and a settlement is being negotiated for wastewater improvements. 1.4.2 Existing Treatment Plant Site Capacities The project team considered a number of potential wastewater servicing options for the City. One of the objectives of the study was to identify and confirm the potential to service some or all of the existing wastewater treatment facilities at one or more sites. Consolidating treatment operations at fewer wastewater facilities is expected to reduce annual O&M costs. One of the first steps in this analysis involved looking at each of the existing sites to confirm current site constraints and available site capacity. The results of these analyses are presented here in Table 1-25. Table 1-25 Site Capacity of Existing Wastewater Treatment Plants Plant Current Plant Capacity (MGD) Estimated Capacity Requirement (MGD) - 2045 Estimated Site Capacity (MGD) Summary of Site Constraints Oso WRP 16.2 18.2 24 • None noted Greenwood WWTP 8 8.7 24 • Existing plant located in the flood plain. • Sustaining capital spend over next 15 + years is approximately equal the cost of plant replacement. Allison 5 4 73 • The City owns a considerable amount of land adjacent the site. New Broadway 8 4.4 8 • None noted. Laguna Madre 3 2.8 30 • The city owns a considerable amount of land adjacent the site. • Aportion of the site is susceptible to flooding. The estimated site capacity accounts for the impact of the flood plain on site capacity. Whitecap 2.5 2.2 5 • None noted. Rrh C R G kaiakTisch &use November 2016 Optimal Wastewater Treatment Configuration 32 Stantec `NV 1.4.3 Summary of Existing System Constraints Several critical constraints need to be considered when developing the final wastewater servicing plan. The City has identified their key priorities as follows: • Meet regulatory compliance at all times. • Minimize user rates as much as practically possible. • Minimize capital and operating and maintenance (O&M) costs. • Provide drought resistant water to industry • Meet needs for planned development The key constraints to meeting these objectives and the way in which they were addressed in this study are summarized in Table 1-26. Table 1-26 Summary of Key Constraints and Approach to Addressing These Stakeholder Group Issue/Constraint Approach to Addressing Issue/Constraint City/Public Continued flooding at Greenwood WWTP • Build a new 'flood proof' treatment facility on the Greenwood site or transfer Greenwood flows to a new plant. • Transfer some flows from the periphery of the Greenwood to the Broadway service area to reduce flows going to the Greenwood WWTP. • Conduct remedial works in La Volla Creek to reduce flooding potential in the Creek. • Reduce Inflow/Infiltration (I/I) to reduce peak flow into the collection system City/Public High sustaining capital spend required for existing plants. • Prioritize capital projects at each plant and identify appropriate timing to spread out required cash flow. • Consolidate plants with high sustaining capital spend as quickly as possible. City/Public Minimize impact upon user rates • Assume New Broadway WWTP will be in service beyond the 2045 time horizon and transfer additional flow to plant to maximize value from facility. • Assume Whitecap WWTP will stay in service for foreseeable future due to long simple payback period. • Identify operational savings associated with the operation of the existing wastewater treatment facilities reducing costs even under the status quo. • Evaluate several consolidation options and identify options that provide optimal balance between lower O&M cost savings and most attractive capital cost spend. City Uncertainty around future of Oso WRP effluent discharge. • Identify and evaluate options that provide flexibility to consolidate Oso WRP now or at a later time. City Significant potential development south of Oso Creek. • Plan all options so that developments south of Oso Creek can be accommodated in future as/if required. City Collection system rehabilitation and upgrades required to support Consent Decree. • All options considered include upgrades and rehabilitation of collection system. City/Public Odor and other nuisance issues associated with Oso WRP. • All future servicing options considered include upgrading Oso WRP to address nuisance concerns and/or decommissioning of the facility. 33 Optimal Wastewater Treatment Configuration November 2016 Rein C R G kala* Tisch rise Stakeholder Group City Public Public Issue/Constraint Supply drought proof water supply for industry. Public does not want to pay for industrial reuse water out of residential sewer use rates. Members of the public concerned about the potential loss of aquatic habitat should the Oso WRP be taking out of service. LNV ( Stantec Approach to Addressing Issue/Constraint • Future servicing options considered included preliminary plans for providing reuse water to industry. • The capital and O&M costs of industrial reuse were not included in the CIP associated with wastewater user rates. • All industrial reuse capital and O&M costs will be paid solely by the benefitting industries. • City is considering construction of a small scalping plant at the Oso site to provide minimal flow to the blind Oso should the plant be taken out of service. The City would like to provide a drought proof water supply for industry using treated wastewater effluent. The Port Industries group made it clear that they are interested in receiving treated effluent if it meets their process requirements and is provided at a cost equal to or less than potable water. Members of the public voiced concerns that user rates would be used to subsidize industrial reuse water. City staff instructed the consulting team to estimate the capital and O&M cost of additional treatment to support industrial reuse for each of the servicing options under consideration. The city will develop a unit cost of reuse water that includes capital recovery and present the cost to industry. Reuse facilities will be constructed once the appropriate long term contracts have been executed with industry. The consulting team assumed the City would provide a minimum of 10 MGD of industrial reuse water within the next 10 -years using reverse osmosis treatment to reduce chloride levels. 1.5. Identification of the Preferred Wastewater Servicing Option 1.5.1 Introduction The plant upgrading and consolidation options considered for this study are presented here in Sections 1.5.2 and 1.5.3. Capital and O&M cost assumptions, estimates, and sensitivity analyses are covered in Section 1.5.4. Prescreening criteria and the results of the options pre- screening are presented in Section 1.5.5. The recommended servicing option and alternatives for improving upon this option are presented here in Section 1.5.6. "lath C R kailo "` TischlerBise G 1.5.2 Future Plant Siting Options To evaluate the potential benefit for future wastewater servicing options, a City wide review was undertaken of the current and potential new sites for locating wastewater treatment facilities. In selecting suitable treatment sites the following issues were taken into consideration: • Existing locations have advantages of existing capital investments; the precedent created by existing neighbors; and established connection to the existing wastewater collection network. • New locations must have adequate open contiguous land areas that provide at least 50 to 80 acres of available land. • Neighboring land uses can have a significant impact on the value of vacant land as well as the level of mitigation and buffers needed to avoid nuisance impacts on the public. • Ideally, new sites would be located closer to projected growth areas to match future wastewater flows. November 2016 Optimal Wastewater Treatment Configuration 34 Stantec LNV • New sites must either be near a potential discharge location or must have opportunity to connect to a suitable discharge point. The level of treatment required at a new plant will be materially impacted by the assimilative capacity of the receiving stream at the discharge location. • Sites need to be free from significant servicing or environmental constraints such as flooding potential, wetlands, railway/ highway corridors, and utility easements for gas pipelines or high voltage electrical lines. An initial desk top survey was undertaken of the larger tracks of land surrounding the existing wastewater service areas. This looked at opportunities for new sites generally located to the north, west and south of the City's built up core. It should be noted that review of potential sites was based on identifying land areas that were under developed or vacant using current aerial mapping. No land ownership records were sourced, nor were any specific parcels identified at this stage of the plan development. Identification of specific land parcel(s) leading to future options or land procurement is not included in this scope and would be completed by the City once a preferred wastewater management plan is established. Following the desktop screening, a physical street by street survey was undertaken to confirm likely candidate sites. From this field survey, the following three potential new plant sites were identified: North Site A new potential treatment plant site has been identified in the northwest quadrant of the City between the CC International Airport and the I-37 highway. This is a suitable area for a number of reasons: • This site can readily be reached by future transfer of flows from Allison, Greenwood and Broadway service areas. • A discharge to the Ship Channel is the most practical outlet for the wastewater effluent; however, an effluent discharge to Oso Creek and Nueces River and delta would also be feasible from this site. Treated reuse water could be provided from this location to neighboring industries. • There are large open areas available generally between Agnes St (Rte 44) and Leopard St. For costing of conveyance options, a future plant site has been assumed to be located along Sedwick Rd. • The existing land use in this area is mostly agricultural or industrial which is generally compatible with wastewater operations. Southwest Site A new potential treatment plant site has been identified in the southwest quadrant of the City south of Oso Creek in the vicinity of the Crosstown Expressway (Hwy 286) which is currently being extended southward by TxDOT. This is a suitable area for a number of reasons: • This site can readily be accessed by future transfer of flows from Greenwood service area and the significant future development expected south of Oso Creek. • A discharge to Oso Creek is the most practical outlet for the wastewater effluent. • The existing land use in this area is mixed, with some institutional uses, some residential and the remainder currently agricultural. • There are large open areas available and, for costing of conveyance options, a future plant site has been assumed to be located along Hwy 286 midway between Weber Rd and South Staples Rd. Southeast Site A new potential treatment plant site has been identified in the southeast quadrant of the City in the vicinity of Yorktown Blvd. to the north of Oso Creek. This is a suitable area for a number of reasons: • This site can readily be accessed by future transfer of flows from the Greenwood, Oso and Laguna Madre service areas as well as the significant future development expected south of Oso Creek. • A discharge to Oso Creek at the head of Oso Bay is the most practical outlet for the wastewater effluent. • There is currently vacant land available, including a City owned parcel at Starry Lane south of Yorktown Blvd. For costing of conveyance options, a future plant site has been assumed to be located along Starry Lane. These three sites, together with various combinations of the existing treatment plant sites were considered in developing the potential future wastewater servicing options discussed in the next section. 1.5.3 General Wastewater Servicing Options Using the existing constraints as a guide, 10 wastewater servicing options were developed to address the following City priorities: 1. Meeting regulatory compliance 2. Minimize wastewater user rates 3. Reduce longterm Operating and Maintenance (O&M) and capital costs 4. Provide for future drought resistant water to industry 5. Meet future needs for planned development 35 Optimal Wastewater Treatment Configuration November 2016 nein G kaiak Trsciilerjse LNV ® Stantec The servicing options were primarily aimed at establishing the best location, or combination of locations, for the future wastewater treatment plants. Collection system impacts within each of the service areas were not a primary determining factor since these would be required regardless of the consolidation options being considered. The Broadway WWTP and Whitecap WWTP were considered to stay in operation for the foreseeable future for all of the options considered. However, servicing options that facilitate future consolidation of both Broadway and Whitecap were viewed more favorably in the options evaluation. The city has recently completed construction of the Broadway WWTP. This new facility, once optimized, should provide cost effective treatment over the next 20 plus years. At this point we are assuming the City will continue to operate the Broadway facility for at least the next 20 years while they focus on other more pressing issues associated with the existing wastewater treatment plants. The costs to consolidate the Whitecap WWTP is estimated at approximately $30 M. This cost includes a pumping station and pipeline to the Laguna Madre WWTP where it is assumed there would be a new plant to accept the flow or a pumping station to pump the Whitecap flow on to an upgraded and expanded Oso WRP. The estimated capital cost to pump the Whitecap flows to a new Southeast facility are also in the vicinity of $30 M. The maximum potential O&M saving associated with consolidating Whitecap flow at a larger regional facility would be approximately $500,000 per year. The minimum estimated simple payback period to recoup the consolidation costs would therefore be greater than 50 years. The city should reassess the feasibility of consolidation should conditions change. Category 1- Maintain all Existing sites 2 - Consolidate at Existing Plant sites 3 - Consolidate at New Plant site Table 1-27 Wastewater Servicing Options Description • Keep six sites. Replace Greenwood on same site. Continue with current operations and planned maintenance. • Keep Broadway & Whitecap. • Consolidate remainder at two of the existing plant sites. • Keep Broadway & Whitecap. • Consolidate remainder at one new plant site. Options • 1- Maintain Existing Sites • 2A - Allison + Laguna Madre • 2B - Allison + Oso • 3A - North site • 3B - Southwest site • 3C - Southeast site 4- Combination of New and Existing • Keep Broadway & Whitecap. • Consolidate remainder at two sites with at least one new site plus an existing site. • 4A - North + Laguna Madre • 4B - Southwest + Laguna Madre • 4C - North + Southeast • 4D - North + Oso For each of the wastewater servicing options, required project elements were identified to enable meeting the primary servicing goals. The diagram of the major elements for each identified option plus the necessary capital project elements are summarized as follows. Path C R kailo "` TischlerBise G November 2016 Optimal Wastewater Treatment Configuration 36 Stantec LNV 1.5.3.1 Option 1 - Maintain All Existing Sites Option 1 involves expansion and repair of the six (6) existing wastewater treatment facilities. The system configuration under Option 1 is presented here as Figure 1-9. Figure 1-9 Option 1 System Configuration Laguna Madre Legend iiExpand Treatment Plant Repair Treatment Plant —> Reuse Pipeline 2.5 5 14 37 Optimal Wastewater Treatment Configuration November 2016 C R kali©'` Tischl reBEse• LNV ® Stantec The wastewater generation potential for planned developments south of Oso Creek is expected to be approximately 20 MGD. Therefore, we would anticipate that under Option 1 a seventh wastewater treatment plant may need to be constructed in future. Two options were evaluated for the Greenwood WWTP including upgrading, flood proofing, and expanding the existing plant. The recommended option is construction of a new 10 MGD `flood proof' WWTP on the existing plant site. The key infrastructure requirements under option 1 over the next 30 -years are presented here as Table 1-28. Option 1 (maintain all existing sites) was the benchmark against which all other options have been evaluated. Table 1-28 Summary of Infrastructure Requirements for Option 1 Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 20 years • Upgrade to BNR in 10 years • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Build new 10 MGD `flood proof' facility • Provide effluent reuse facilities for industry in next 10 years. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR in next 5 years • Expand plant to 20 MGD in next 8 to 10 years. Laguna Madre • Repair over next 20 years Whitecap • Repair over next 20 years The new 10 MGD Greenwood WWTP would include the unit processes summarized in Table 1-29. Table 1-29 Proposed Unit Operations for New 10 MGD Greenwood WWTP Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.2 Option 2A - Consolidation at Allison and Laguna Madre Option 2A involves the consolidation of existing plant flows at the Allison and Laguna Madre WWTP sites. Oso and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 2A is presented here as Figure 1-10. Path C R kali() " TischlerSise G November 2016 Optimal Wastewater Treatment Configuration 38 Stantec LNV Figure 1-10 Option 2A System Configuration i N Legend Sit Close Treatment Plant * Repair Treatment Plant 10 Expand Treatment Plant 4. Wastewater Pipeline Reuse Pipeline Laguna Madre The key infrastructure requirements under Option 2A over the next 30 -years are presented here as Table 1-30. Table 1-30 Summary of Infrastructure Requirements under Option 2A Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Construct a new 12 MGD facility at the Allison site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to Allison. Broadway • Repair over next 20 years Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Laguna Madre facility. Laguna Madre • Repair the existing plant over the next 10 years • Build a new 20 MGD plant at the Laguna Madre site to take flows from Laguna Madre and Oso. Whitecap • Repair over next 20 years 39 Optimal Wastewater Treatment Configuration November 2016 Barri C R kali©'` Tischl reBEse• LNV Stantec The new 12 MGD Allison WWTP would include the unit processes summarized in Table 1-31. Table 1-31 Proposed Unit Operations for New 12 MGD Allison WWTP Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Laguna Madre WWTP would include the unit processes summarized in Table 1-32. Table 1-32 Proposed Unit Operations for new 20 MGD Laguna Madre WWTP Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation Path C R G kaiok use November 2016 Optimal Wastewater Treatment Configuration 40 Stantec LNV 1.5.3.3 Option 2B - Consolidation at Allison and Oso Option 2B involves the consolidation of existing plant flows at the Allison and Oso sites. Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 2B over the next 30 years is presented here as Figure 1-11. Figure 1-11 Option 2B System Configuration IT Legend Close Treatment Plant Repair Treatment Plant Expand Treatment Plant Wastewater Pipeline Reuse Pipeline 2.6 The key infrastructure requirements under the Option 2B are presented here as Table 1-33. Table 1-33 Summary of Infrastructure Requirements under Option 2B Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Construct a new 12 MGD facility at the Allison site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to Allison. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Expand plant capacity to 20 MGD and upgrade to BNR. Laguna Madre • Repair the existing plant over the next 10 years • Build a new pumping station at the Laguna Madre site and transfer wastewater from Laguna Madre to the Oso site. Whitecap • Repair over next 20 years 41 Optimal Wastewater Treatment Configuration November 2016 C x kali©' Tischl reuse" LNV ® Stantec 1.5.3.4 Option 3A - Consolidate at a new North Plant Site Option 3A involves the consolidation of existing plant flows at a new North treatment plant site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 3A is presented here as Figure 1-12. f3 Figure 1-12 Option 3A System Configuration Minton roadway Corpus furan Bey Oso Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant Wastewater Pipeline -• Reuse Pipeline Laguna Madre 0 2.6 S 4a 60u <7„/ /7:///4 The key infrastructure requirements under the Option 3A over the next 30 years are presented here as Table 1-34. nate C x kail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 42 Stantec LNV Table 1-34 Summary of Infrastructure Requirements under Option 3A Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new North treatment plant. Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years North Treatment Plant • Build new 32 MGD North WWTP in the 0 to 5 year time period. Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 0 to 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new North treatment plant. Laguna Madre • Repair over next 20 years • Demolish the plant and decommission the existing site after the 0 to 20 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the new North treatment plant. Whitecap • Repair over next 20 years The new 32 MGD North Site WWTP would include the unit processes summarized in Table 1-35. Table 1-35 Proposed Unit Operations for New 32 MGD North Site WWTP Unit Process Preliminary Assumption Preliminary Treatment • 6 mechanically cleaned screens with grinders/washers/compactors • 6 mechanical vortex grit removal systems Primary Clarifiers • 6 primary clarifiers Secondary Treatment • 6 BNR bioreactors (4 stage Bardenpho) • 6 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 6 Rotary Drum thickeners Digestion • 6 Anaerobic Digesters Sludge Dewatering • 6 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 43 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec 1.5.3.5 Option 3B - Consolidate at a new Southwest Plant Site Option 3B involves the consolidation of existing plant flows at a single Southwest WWTP site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 3B is presented here as Figure 1-13. Figure 1-13 Option 3B System Configuration Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant —> Wastewater Pipeline Reuse Pipeline z.s Laguna Madre 1ft 14114 The key infrastructure requirements under the Option 3B over the next 30 years are presented here as Table 1-36. Path C R G kaiok Tisch &use November 2016 Optimal Wastewater Treatment Configuration 44 Stantec LNV Table 1-36 Summary of Key Infrastructure Requirements under Option 3B Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new Southwest treatment plant. Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new Southwest treatment plant site. Broadway • Repair over next 20 years New Southwest Treatment Plant • Build new 35 MGD Southwest Treatment plant in the 0 to 5 year period. Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 0 to 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Southwest treatment plant. Laguna Madre • Repair over next 20 years • Demolish the plant and decommission the existing site after the 20 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the new Southwest treatment plant. Whitecap • Repair over next 20 years The new 35 MGD Southwest WWTP would include the unit processes summarized in Table 1-37. Table 1-37 Proposed Unit Operations for New 35 MGD Southwest WWTP Unit Process Preliminary Assumption Preliminary Treatment • 6 mechanically cleaned screens with grinders/washers/compactors • 6 mechanical vortex grit removal systems Primary Clarifiers • 6 primary clarifiers Secondary Treatment • 6 BNR bioreactors (4 stage Bardenpho) • 6 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 6 Rotary Drum thickeners Digestion • 6 Anaerobic Digesters Sludge Dewatering • 6 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 45 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec 1.5.3.6 Option 3C - Consolidate at a new Southeast Plant Site Option 3C involves the consolidation of existing plant flows at a single Southeast WWTP site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 3C is presented here as Figure 1-14. Figure 1-14 Option 3C System Configuration Legend ) New Treatment Plant atClose Treatment Plant Repair Treatment Plant Wastewater Pipeline 2.s s ,n : Mies Laguna Madre The key infrastructure requirements under the Option 3C over the next 30 years are presented here as Table 1-38. nate C x kail©' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 46 Stantec LNV Table 1-38 Summary of Key Infrastructure Requirements under Option 3C Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Close after 15 -years and build new pumping station to direct flows to the new Southeast treatment plant. Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new Southeast treatment plant site. Broadway • Repair over next 20 years New Southeast Treatment Plant • Build new 32 MGD Southeast Treatment plant in the 0 to 5 year period. Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Southeast treatment plant. Laguna Madre • Repair over next 20 years • Demolish the plant and decommission the existing site after the 0 to 20 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the new Southeast treatment plant. Whitecap • Repair over next 20 years The new 32 MGD Southeast WWTP would include the unit processes summarized in Table 1-39. Table 1-39 Proposed Unit Operations for new 32 MGD Southeast Treatment Plant Unit Process Preliminary Assumption Preliminary Treatment • 6 mechanically cleaned screens with grinders/washers/compactors • 6 mechanical vortex grit removal systems Primary Clarifiers • 6 primary clarifiers Secondary Treatment • 6 BNR bioreactors (4 stage Bardenpho) • 6 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 6 Rotary Drum thickeners Digestion • 6 Anaerobic Digesters Sludge Dewatering • 6 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.7 Option 4A - Consolidate at a new North Plant Site and Laguna Madre Option 4A involves the consolidation of existing plant flows at two treatment plant sites: a new north plant site and a new plant adjacent the Laguna Madre site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4A is presented here as Figure 1-15. 47 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Figure 1-15 Option 4A System Configuration N Legend f New Treatment Plant Close Treatment Plant Repair Treatment Plant Esn Expand Treatment Plant Wastewater Pipeline Reuse Pipeline zs S tib Riles The key infrastructure requirements under the Option 4A over the next 30 years are presented here as Table 1-40. Table 1-40 Summary of Key Infrastructure Requirements under Option 4A Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 5 years • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Laguna Madre facility. Laguna Madre • Repair the existing plant over the next 5 years • Build a new 20 MGD plant at the Laguna Madre site to take flows from Laguna Madre and Oso. Whitecap • Repair over next 20 years nate C x kail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 48 Stantec LNV The new 12 MGD North WWTP would include the unit processes summarized in Table 1-41. Table 1-41 Proposed Unit Operations for new North WWTP under Option 4A Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Laguna Madre WWTP would include the unit processes summarized in Table 1-42. Table 1-42 Proposed Unit Operations for New Laguna Madre WWTP under Option 4A Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.8 Option 4B - Consolidate at a new Southwest Site and Laguna Madre Option 4B involves the consolidation of existing plant flows at two treatment plant sites: a new southwest plant site and a new plant adjacent the Laguna Madre site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4B is presented here as Figure 1-16. 49 Optimal Wastewater Treatment Configuration November 2016 Rp Fri CR kailo'` TischlerBlse LNV Stantec Figure 1-16 Option 4B System Configuration N Legend f New Treatment Plant Close Treatment Plant Repair Treatment Plant Esn Expand Treatment Plant Wastewater Pipeline Reuse Pipeline zs S tib Riles The key infrastructure requirements under the Option 4B over the next 30 years are presented here as Table 1-43. Table 1-43 Summary of Key Infrastructure Requirements under Option 4B Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission plant after 15 -years and build new pumping station to direct flows to the new Southwest treatment plant. Southwest Treatment Plant • Construct a new 12 MGD facility at the Southwest treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new Southwest treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 5 years • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Laguna Madre facility. Laguna Madre • Repair the existing plant over the next 5 years • Build a new 20 MGD plant at the Laguna Madre site to take flows from Laguna Madre and Oso. Whitecap • Repair over next 20 years nate C R r c kail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 50 Stantec LNV The new 12 MGD Southwest WWTP would include the unit processes summarized in Table 1-44. Table 1-44 Proposed Unit Operations for Proposed Southwest Treatment Plant under Option 4B Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Laguna Madre WWTP would include the unit processes summarized in Table 1-45. Table 1-45 Proposed Unit Operations for Laguna Madre WWTP under Option 4B Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.9 Option 4C - Consolidate at a new North Plant Site and a New Southeast Plant Site Option 4C involves the consolidation of existing plant flows at two treatment plant sites: a new southeast plant site and a new north plant site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4C is presented here as Figure 1-17. 51 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Figure 1-17 Option 4C System Configuration N Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant ► Wastewater Pipeline Reuse Pipeline z.s The key infrastructure requirements under the Option 4C over the next 30 years are presented here as Table 1-46. Table 1-46 Summary of Key Infrastructure Requirements under Option 4C Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 5 years • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Southeast treatment plant facility. New Southeast Plant • Build a new 20 MGD plant at the Southeast site to take flows from Oso and ultimately Laguna Madre. nate C x hail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 52 Stantec LNV Plant Infrastructure Requirements Laguna Madre • Repair the existing plant over the next 20 years • Transfer flow to Southeast plant after 20 years. Whitecap • Repair over next 20 years The new 12 MGD North WWTP would include the unit processes summarized in Table 1-47. Table 1-47 Proposed Unit Operations for New 12 MGD North Plant under Option 4C Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Southeast WWTP would include the unit processes summarized in Table 1-48. Table 1-48 Proposed Unit Operations for New 20 MGD Southeast Plant Under Option 4C Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.10 Option 4D - Consolidate at a new North Plant Site and the Existing Oso WRP Site Option 4D involves the consolidation of existing plant flows at two treatment plant sites: a new north plant site and an expanded and upgraded plant on the Oso WRP site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4D is presented here as Figure 1-18. 53 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerNse LNV Stantec Figure 1-18 Option 4D System Configuration Legend (, New Treatment Plant StClose Treatment Plant Repair Treatment Plant EDI Expand Treatment Plant Wastewater Pipeline Reuse Pipeline 2.s MAN The key infrastructure requirements under the Option 4D over the next 30 years are presented here as Table 1-49. Table 1-49 Summary of Key Infrastructure Requirements under Option 4D Piurir Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 10 years • Decommission the plant after 10 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR and expand to 20 MGD over next 5 years. Laguna Madre • Repair the existing plant over the next 5 years • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the Oso treatment plant. Whitecap • Repair over next 20 years nate• C x hail©'' Tischl re Bose bi G —. November 2016 Optimal Wastewater Treatment Configuration 54 Stantec LNV The new 12 MGD North WWTP would include the unit processes summarized in Table 1-50. Table 1-50 Proposed Unit Operations for 12 MGD New Plant under Option 4D Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.4 Capital and O&M Cost Analyses 1.5.4.1 Introduction One of the primary reasons for conducting this study was to confirm the potential benefits of consolidating flows from the six existing wastewater treatment facilities into a lesser number of newer larger treatment plants. The unit operating costs for larger wastewater treatment plants tend to be lower than for smaller facilities. This is primarily due to the facts staffing levels, measured as full- time equivalents (FTEs) per million gallon (MG) treated, and unit power costs measured as kilowatt hours (kW -hr) per million gallon treated decline with increasing plant capacity. The decline in unit power costs tends to level off at a design flow of approximately 20 MGD. As indicated in Section 1.1.2, the city is facing an estimated sustaining capital spend at the six existing wastewater treatment facilities of approximately $220 M. The majority of the capital requirements are for the Greenwood (approximately $61 M) and Oso (approximately $81 M) facilities. The contributing sewer shed for these two plants is coincidentally where the majority of anticipated demand growth is expected to occur. The currently planned capital improvement plan for which current rates are based (estimated capital spend to 2035 of approximately $524 M) is already considered unaffordable based upon EPA affordability criteria. User rate increases are driven in large part by increases in capital spend. The increase in capital spending can be partly offset by reductions in annual O&M spend. Options requiring a large upfront capital spend over the next 5 to 10 -years will have a significant further negative impact upon wastewater user rates if not offset by O&M cost efficiencies. The implementation of any of the options presented in the previous section needs to strike the appropriate balance between minimizing the sustaining capital spend on existing facilities destined to be taken out of service, consolidating existing facilities as soon as possible in order to realize annual O&M savings associated with economies of scale sooner rather than later, while staging planned capital spending for new facilities in order to minimize the impact upon user rates. The best way to assess the options under consideration was to construct a detailed cash flow model for each. The consulting team constructed detailed capital and O&M cost models for each of the options presented in Section 1.5.3. All of the options were compared against Option 1- Maintain existing six plants which was treated as the benchmark. The team then conducted sensitivity analyses on each of the options considered to determine how changing conditions might impact costs as well as the recommended servicing option. 1.5.4.2 Capital and O&M Cost Assumptions The capital and O&M cost estimates for each of the 10 options considered are presented in Appendix F. Three spreadsheet models were constructed for these analyses: a wastewater treatment plant staffing model, an estimate of power usage at each plant, and the overall cash flow model summarizing estimated capital and O&M costs. 55 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse The following assumptions were used in developing the cost models: • All of the optimization measures identified to reduce existing O&M costs in the Operations assessment were assumed to be applied to all options including Option 1- Maintain Six Existing Treatment Plants. • All works identified in the physical condition survey were carried out for all plants until such time as they were identified as being taken out of service. For example, a number of options assumed Greenwood will be taken out of service in year 5 therefore all works identified in the physical condition survey for Greenwood in the 0 to 5 -year period were included in the cash flow analysis. • Staffing level estimates were based upon the assessment methodology outlined in the "Northeast Guide for Estimating Staffing at Publicly and Privately Owned Wastewater Treatment Plants" dated November 2008 prepared by the New England Interstate Water Pollution Control Commission. • Preliminary power usage estimates for all treatment plant facilities were based upon guidance provided in the publication entitled "Electricity Use and Management in the Municipal Water Supply and Wastewater Industries" dated November 2013 and published by Water Research Foundation and Electrical Power Research Institute. • Non -process electrical loads will be approximately one third of those referenced in the above -noted guidance to account for the warmer climate in Texas. • Chemical costs under optimal conditions were taken as equal the average amount as indicated in the NACWA study. • Hauling costs were based upon an average solids generation of 0.59 dry tons/MG treated and a unit cost of $57.16/wet ton (2016) inflated at 2% per year. • The existing plants were assumed to maintain their current sludge dewatering performance with new plants assumed to achieve a minimum of 24% solids. • Preventative maintenance costs were estimated at 1.5 % per year of the replacement cost of the process mechanical and electrical equipment. Process mechanical and electrical equipment was assumed to account for 35% of the overall capital cost for all vertical works. • Approximately 20% of the aeration requirements required for nitrification will be recovered via denitrification when biological nutrient removal (BNR) is installed at any plant. • The current practice of disposing of sludge at a co - disposal landfill will continue into the foreseeable future. Rath C R G kaiok use LNV Stantec • Existing effluent limits at the Broadway and Whitecap plants will stay into effect for the foreseeable future and will not change over the 30 -year planning horizon. • All new and expanded plants will need to be converted to BNR. • All new plants will convert to anaerobic digestion with energy recovery. • The capital and O&M costs associated with industrial reuse will be paid for through a take or pay contract with interested industries and are not included in the cash flow and therefore the user rates. • Current electricity prices are $0.088/kW-hr and 2018 through 2022 prices will be $0.03883/kW-hr with 1% energy price inflation after 2021. • Average burdened labor cost is $68,448/year per FTE. Future wage inflation was assumed as 2% per year. • The cost of chemicals was $99/MG treated unless otherwise noted based upon actual plant operating records. Future chemical costs were assumed to increase by 1.5% per year. • Inflation on sludge haulage and preventative maintenance were both assumed as 2% per year. • Operating and maintenance costs other than labor, energy, chemicals, sludge hauling, and preventative maintenance were assumed to account for 25% to 30% of the overall total cost. 1.5.4.3 Capital and O&M Cost Analyses Capital and O&M cost estimates were completed for each of the 10 options previously presented. The cost models are enclosed in Appendix F and summarized here in Table 1-51. November 2016 Optimal Wastewater Treatment Configuration 56 Stantec LNV Table 1-51 Summary of Capital and O&M Costs by Option Option Description Capital Cost (2016-2045) (2016 Constant Dollars) Capital Cost Industrial Reuse (2016 Constant Dollars) Inflated O&M Costs (2016 to 2045) 1 Maintain six existing plants $734 M $108 M $521 M 2A Consolidate at Allison and Laguna Madre $950 M $50 M $502 M 2B Consolidate at Allison and Oso $836 M $50 M $467 M 3A Consolidate ata new North Plant $1,053 M $48 M $504 M 3B Consolidate at a new Southwest Plant $1,047 M $63 M $505 M 3C Consolidate at a new Southeast Plant $1,012 M TBD $516 M 4A Consolidate at a new North Plant and Laguna Madre $944 M $48 M $484 M 4B Consolidate at a new Southwest Plant and Laguna Madre $1,021 M $48 M $494 M 4C Consolidate at a new North Plant and a new Southeast Plant $958 M $63 M $493 M 4D Consolidate at a 0 o North Plant and $826 M $48 M $466 M 1.5.4.4 Sensitivity Analyses The project team conducted a sensitivity analysis of the various options considering the impact of changes in both energy and labor costs. The relative impact of various inflation rates on difference in O&M costs between the options is summarized here in Tables 2-52 and 2-53. Table 1-52 Difference in O&M Cost between Servicing Options for Various Labor Inflation Rates Option 1 Description O&M Costs O&M Costs (2% Labor Inflation) Diff. Relative to Optionl (4% Labor Inflation) Diff. Relative to Optionl Maintain six existing plants $521 M - $622 M - 2A Consolidate at Allison and Laguna Madre $502 M $19 M $575 M $47 M 2B Consolidate at Allison and Oso $467 M $54 M $529 M $93 M 3A Consolidate ata new North Plant $504 M $18 M $562 M $60 M 3B Consolidate ata new Southwest Plant $505 M $17 M $580 M $42 M 3C Consolidate ata new Southeast Plant $516 M $5 M $585 M $37 M 4A Consolidate ata new North Plant and Laguna Madre $484 M $37 M $548 M $73 M 4B Consolidate at a new Southwest Plant and Laguna Madre $494 M $27 M $570 M $53 M 4C Consolidate at a new North Plant and a new Southeast Plant $493 M $28 M $562 M $61 M 4D Consolidate at a new North Plant and Oso $466 M $55 M $529 M $93 M 57 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Table 1-53 Difference in O&M Costs between Options for Various Power Inflation Rates Option 1 Description O&M Costs O&M Costs (1% Electricity Inflation) Diff. Relative to Optionl (5% Electricity Inflation) Diff. Relative to Optionl Maintain six existing plants $521 M - $546 M - 2A Consolidate at Allison and Laguna Madre $502 M $19 M $528 M $18 M 2B Consolidate at Allison and Oso $467 M $54 M $492 M $54 M 3A Consolidate at a new North Plant $504 M $18 M $541 M $15 M 3B Consolidate ata new Southwest Plant $505 M $17 M $542 M $14 M 3C Consolidate at a new Southeast Plant $516 M $5 M $543 M $3 M 4A Consolidate ata new North Plant and Laguna Madre $484 M $37 M $509 M $36 M 4B Consolidate at a new Southwest Plant and Laguna Madre $494 M $27 M $520 M $26 M 4C Consolidate at a new North Plant and a new Southeast Plant $493 M $28 M $519 M $27 M 4D Consolidate at a new North Plant and Oso $466 M $55 M $491 M $55 M 1.5.4.5 Rate Impacts The consulting team estimated the impact of a number of the proposed servicing options on future wastewater rates using the city's existing rate model. The existing rate model calculates rates out to 2035. The estimated increase in user rates for options 1, 2B, 4D, and 3A are presented here in Table 1-54. In comparison, it is noted that the historical wastewater user rate increased by approximately 110% between 2005 and 2015. Option Table 1-54 Supplemental Wastewater User Rate Calculations Description Relative Increase in Wastewater User Rates (2016 to 2035) 1 2B 3A 4D Maintain six existing plants Consolidate at Allison and Oso Consolidate at a new North Plant Consolidate at a new North Plant and Oso 81% 85% 99% 84% 1.5.4.6 Cost Analysis Conclusions and Recommendations The financial analysis suggests Option 1- Maintain the six existing plants has the lowest overall capital cost associated with treatment and pumping infrastructure given that it takes maximum advantage of existing infrastructure. Option 1 however has the highest capital cost for industrial reuse water given reuse water would likely have to be provided from two treatment plants as opposed to one under other options. Option 1 also has the highest O&M costs ofthe options considered. The cost analyses suggest Options 2B and 4D are competitive with Option lfrom an overall cost perspective considering capital costs for treatment and reuse as well as cumulative O&M costs. The relative impact on user rates for options 1, 2B, and 4D is essentially equal. Option 3A would have a statistically significant impact on user rates relative to the Option 1 benchmark. Sensitivity analysis demonstrates that the difference in O&M cost savings is most sensitive to labor costs and labor cost inflation. The consolidation options each result in significant staff reduction relative to the bench mark Option 1 even after optimizing existing plant operations. Higher future labor costs and increased labor inflation will favor the consolidation options, particularly options 2B and 4D, relative to the benchmark (Option 1). The difference in 2045 staffing levels between the group 3 options (3A, 3B, and 3C) is only 4 or 5 staff relative to the group 2 and 4 options. The group 2 and 4 consolidation options are less affected by energy cost inflation and release O&M cost savings sooner than the group 3 options at much lower capital cost. Path C R kailo " TischlerSise G November 2016 Optimal Wastewater Treatment Configuration 58 Stantec `NV 1.5.5 Prescreening Criteria and Options Prescreening Prior to evaluating the Options, the City staff and their consultant teams engaged with the citizens and other stakeholders to hear what issues and concerns needed to be considered in selecting the optimum future wastewater configuration. As can be expected, there was a wide range of opinions expressed by the general public, neighborhood associations, agencies, business professionals and other interested parties. These issues of concerns were then grouped into preliminary evaluation criteria to cover the Economic, Social, Natural and Technical environments. The preliminary criteria were presented to City staff at an evaluation workshop where the team could confirm that these fully covered the range of relevant issues and also establish the relative priorities. Three priority levels and associated weightings were proposed: normal items were unweighted (level 1), important items were given a double weighting (level 2) and the most critical items were given a triple weighting (level 3). The final evaluation criteria and selected weightings are shown in Table 1-55. Table 1-55 Evaluation Criteria and Weighting Factors used for Options Evaluation Category Sub -Topic Considerations for Evaluation Weighting Total Capital Cost Overall 30 year capital cost 3 Cost Total O&M Cost Overall 30 year operating and maintenance costs Maximum peak annual capital and O&M costs 2 3 Cash Flow Maintaining base flow Providing minimum low flow conditions for streams 1 Receiving Streams Effluent requirements Ability to meet the expected future treatment requirements Support locally established eco systems 3 2 Local eco systems Phasing potential Opportunity for staging work to meet flow projections 2 Schedule Immediate start to work Early access to complete critical R&R needs at facilities 1 Neighboring land use Is the land use compatible with new/expanded facility 2 Land ownership Is new land acquisition required 1 Plant Sites Existing impacts Does this reduce existing odor, noise or traffic issues 1 Flooding potential Is the site vulnerable to flooding 2 Construction Restoration requirements Length of new pipeline under established road ways 1 Impacts Traffic disruption Duration of pipeline construction under major roadways Ease of providing reuse water for industry and other users 2 1 Potential for Reuse Operational Flexibility Servicing new Development Ease of providing servicing of future developments 1 Efficiency of O&M Efficiency provided by centralized operations and maintenance 2 Flexibility for future consolidation Ability to consolidate with remaining plants in future 2 Having established the evaluation criteria, each of the 10 Wastewater Servicing Options was evaluated using a qualitative five -point scale that ranged from strongly negative to strongly positive with a neutral midpoint level. It should be emphasized that the evaluation is subjective in nature and seeks to determine the relative performance or predicted impact under each criteria of an option as compared to the performance or impact of the other servicing options. To reinforce that the evaluation is qualitative in nature, symbols rather than numbers were used to represent the "score" under each criteria. The evaluation of options is presented here in Figure 1-19. Based on this evaluation, the highest ranked wastewater servicing options (in order of preference) are: • Option 4D - Consolidate at new North Plant & Oso • Option 2B - Consolidate at Allison and Oso • Option 1- Upgrade at the Existing Sites 59 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec Figure 1-19 Options Evaluation Matrix LNV ® Stantec a) U Sub -Topic 1 !• __". " 2A 4_ f 2B 3A e 3B 3C __ 4A ,—. 4B __— 4C _ — 4D _ Total Capital Cost Strongly positive capital cost less than$800M Neutral - mid levelcapital cost of$900Mto $1,000M Positive -capital cost less than $900M Negative -capital costmorethan $1,000M Negative -capital costmorethan $1,000M Negative -capital costmorethan $1,000M Neutral -mid level capital cost $1,000M to $1,000M Neutral -mid levelcapital cost $1,000M $1,000M Neutral -mid level capital cost C $1,000M 00Mto Positive -capital 46 costlessthan $900M l_Jmorethan$550M Total O&M Cost Negative -high level O&M cost Neutral- mid o levelO&M cost of $525M to $550M Strongly positive- • low O&M cost less than$500M Neutral- mid 4) levelO&M cost of $525M to $550M Neutral -mid 1) level O&M cost of $525M to $550M Neutral- mid 4) levelO&M cost of $525M to $550M Positive -lower 4) O&M cost of $500M to $525M Neutral- mid 4) levelO&M cost of $525M to $550M Neutral -mid 4) level O&M cost of $525M to $550M Strongly positive - • low O&M cost less than$500M Cash Flow Strongly positive- • max annual spend of approx $100M Neutral -max O annual spend of approx$200M Neutral -max O annual spend of approx$200M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Strongly negative 0-maxannual $300M rox Strongly negative 0-maxannuat $300M rox Neutral -max O annual spend of approx$200M Maintaining base flow Neutral -keeps O all at status quo Negative -reduce O flows to Oso Bay Neutral -keeps O criticalflows at status quo Negative -reduce O flows to Oso Bay Strongly negative -reduce flow to O Oso Bay, increase to Oso Creek Negative -reduce O flows to Oso Bay Negative -reduce O flows to Oso Bay Strongly negative reduce flows to O Oso Bay, increase to Oso Creek Negative -reduce O flows to Oso Bay Neutral -keeps O criticalflows at status quo Effluent requirements Negative- continues challenges in Oso Bay and Nueces River Neutral- continues challenges in NuecesRiver Negative- continues t) challenges in Oso Bay and Nueces giver Positive -allows G lower treatment requirements Neutral- continues challenges in Oso Creek Neutral- continues 41) challenges in Oso Creek Positive -allows lower treatment requirements Neutral- continues challenges in Oso Creek Positive -allows lower treatment requirements Neutral -lower treatment in north, challenges inOso Bay Localeco systems O Neutral -keeps status quo Negative- O potentialimpact at Blind Oso from loss of flow O Neutral -keeps status quo Negative- O potentialimpact at Blind Oso from loss of flow Negative- O potentialimpact at Blind Osofrom loss of flow Negative- O potentialimpact at Blind Oso from loss of flow Negative- O potentialimpact at Blind Osofrom loss of flow Negative- O potentialimpact at Blind Oso from loss of flow Negative- O potentialimpact at Blind Osofrom loss of flow O Neutral -keeps status quo Phasing potential li Positive -can Ann proceed with multiple projects at onetime Neutral- can proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Negative - requires all projects robe ©tl' ompleted at same time Negative - requires all projects to be completed at sametime Negative - requires all projects robe completed at sametime Neutral- can � proceed at two sites and with pipelines Neutral- can proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Neutral- can proceed at two sites and with pipelines Immediate start to work Neutral- iv challenges at Oso, remainder available Positive - can work adjacent toboth existing plants Neutral- iv challenges at Oso, remainder available Negative AV -requires acquisition of land Negative AV -requires acquisition of land Positive - can work independently on new plant Negative AV -requires acquisition of land Negative AV -requires acquisition of land Negative AV -requires acquisition of land Negative -requires acquisition of land and working at Oso u c kaio ^ Tschler lis, Legend 0 0 c • Strongly Negative Positive strongly Negative Neutral November 2016 Opt., Wostewater ireolmentConfigurotion 60 ® Stantec Stantec `NV/ o)"- U Sub -Topic 1 ,p- z-_—_, Neutral- continues O residential conflicts at Oso and Greenwood 2A Positive - uses dp sites with good buffers 2B _ Neutral- ontiContinues O rcesidentialnues conflicts at Oso 31, \'~ Strongly positive • -new plant in industrial area 3B = ` — ___ Negative -new O plant ingenerally residential area 3C \I,. _ Negative -new O plant in generally residential area dA ` __ Positive -uses sites withgood buffers 4B __ Negative -new O plant in generally residential area 4C __ ? __ Neutral- Continues O residential conflicts at Oso and Greenwood 4D ..- Neutral - O r esidential conflicts at Oso Neighboring land use Land ownership Positive -no new ip land required for 20 years Strongly positive no new land • required for >30 years Strongly positive no new land • required for >30 years Negative -land O required for new plant Strongly negative -new O land required in residential area Strongly positive no new land • required for >30 years Negative - land O required for new plant Negative -land O required for new plant Negative - land O required for new plant Negative -land O required for new plant wPositive Existingtsat impacts Neutral- continues status quo -removes impac Greenwood and Oso Neutral- Continues impacts at Oso Positive - removes impac Greenwtsoodat and Oso Neutral- ontinuesim is pac atOso Creek Neutral- continues impacts atOso Creek Positive removes impacts at Oso Creek Neutral- continues im is impacts atOso Creek Neutral- ontinuesim is pac atOso Creek Neutral- continues impacts atOso Creek Flooding potential Negative - O requires new flood wall at Greenwood Positive - removes impact from flooding at Oso Creek Positive - removes impact from flooding at Oso Creek Positive - removes impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes impact from W flooding at Oso Creek Restoration requirements Strongly positiveStrongly • Sminima, new pipelines required O Negative -new pipelines required O Negative -new pipelines required negative O -requires extensive pipeline construction Strongly negative O -requires extensive pipeline construction Strongly negative O -requires extensive pipeline construction O Negative -new pipelines required O Negative -new pipelines required O Negative -new pipelines required O Negative -new pipelines required Traffic c disruption o° Strongly positive •- minimal new pipelines required Neutral- new pipelines in generally open areas Neutral- new pipelines in generally open areas Negative- © pipelines cross built up areas Negative- © pipelines cross built up areas Negative- © pipelines cross built up areas Neutral- new pipehnesin generally open areas Neutral- new pipehnesin generally open areas Negative- © pipelines cross built up areas Neutral- new pipehnesin generally open areas Potentialfor Reuse Negative- Air. Long distanceLong to servicing industry Positive -Allison to plantcloseto industry Positive -Allison ip plant close to industry Strongly positive- • North plant close to industry Negative- distance to servicing industry Strongly negative -Longest distance to servicing industry Positive - North go plantcloseto industry Negative - Long distance to servicing industry Positive - North go plant close to industry Positive - North to plantcloseto industry Servicing t- new Development w Negative - needs new plant to o svice w growth ne Neutral -requires expansion of o pumping and plant Neutral -requires expansion of 0 pumping and plant Neutral -requires expansion of 0 pumping and plant Strongly positive • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth Strongly positive • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth 10, .� Efficiency of d O&M Strongly negative rTh _ continuesconsolidate operations at 6 sites Neutral- to twoconsolidate main plants, one m new Neutral- to two m main plants, one new Strongly positive- • consolidate to one main new plant Strongly positive- • consolidate to one main new plant Strongly positive - • consolidate to one main plant Positive - consolidate to two main plants, both new Positive - consolidate to two ain plants, both new Positive - consolidate to two main plants, both new Neutral - consolidate to two main plants, one new Flexibility for Fle,nburedoenelili consolidation Negative O faci-listatefuturenot consolidation Neutral- can O Whitecaponsolidate but not Broadway Neutral- can O Whitecaponsolidate but not Broadway Neutral- can O chroadwaybosolidate utnet Whitecap Negative O faci-dolistatefuturenot consolidation Neutral- can O Whitecapnsolidate but not Broadway Positive - can 40 Whdtecapandonsolidateboth Broadway Neutral- can nso O Whitecdateap but not Broadway Positive - can 40 Whdtecapandonsolidateboth Broadway Positive -can nso co Whitecdateapandboth Broadway Overall Rating 102 101 104 95 78 86 100 84 92 106 Novernber 2016 98th v s kaio Trac T ANY ® Stantec 1.5.6 Recommended Wastewater Servicing Option The highest ranked wastewater servicing option (identified as 4D) is to consolidate future wastewater treatment around two main facilities - a new North plant and the Oso plant. This is the recommended option. The components of this recommended Option 4D are shown on Figure 1-20 and summarized in Table 1-57. Figure 1-20 System Configuration of Recommended Option - Option 4D (,.) New Treatment Plant Close Treatment Plant j ,,,,, * Repair Treatment Plant A 10 Expand Treatment Plant —›Wastewater Pipeline Reuse Pipeline , „: , .., , , / ////4 2.5 nate C R kr G kaiokTisch &use November 2016 Optimal Wastewater Treatment Configuration 62 to), Stantec LNV Table 1-56 Key Infrastructure Requirements for recommended Option 4D Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 10 years • Decommission the plant after 10 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR and expand to 20 MGD over next 5 years. Laguna Madre • Repair the existing plant over the next 5 years • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the Oso treatment plant. Whitecap • Repair over next 20 years 63 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse 000 Stantec LNV 2.0 Implementation Phasing Plan 2.1. Introduction Implementation of the wastewater management servicing plan is recommended to be undertaken over a series of phases in order to balance the use and availability of critical resources over a number of years. These critical resources including access to capital to fund the work; access to engineering and program management expertise; ability of City staffto administer the plan while other capital programs are ongoing; access to adequate contractors and trades; availability of key construction material inputs; and ability of operational staffto maintain the system while being trained on new or upgraded facilities. An outline of the preliminary proposed phasing is provided in the following sections. 2.1.1 First Phase North The new North treatment plant would be constructed in the northwest quadrant of the City in an area located between the CC International airport and the I-37 Highway. A specific property for this new plant has not been identified and it is recommended that the City investigate available parcels of approximately 80 acres or more in area, which would support an ultimate future site capacity of 60 MGD. The construction of this North plant would be staged to coincide with decommissioning of other facilities and increased flow from planned growth. The first phase of the North plant is expected to be a 12 MGD facility that would allow for decommissioning of the Allison and Greenwood plants. The new North plant would be provided with state of the art equipment allowing for an advanced level of treatment including screening and grit removal, primary clarification, fine bubble aeration, tertiary filtration, UV disinfection, anaerobic sludge digestion and thickening. A conceptual site plan for this new North plant is provided in Figure 2-1. Figure 2-1 Conceptual Site Plan for New North Treatment Plant NI 11, P.: ' 1;.- ' 0- 1 , 40 0 .- . , , :sy : , * - - 7"---- - Greenwood For the Greenwood service area, there is the potential for considerable future flow to occur depending on the City's policies with respect to planned new development. It is therefore proposed that the Greenwood pump station be located on the site of the Greenwood wastewater plant and planned in a flexible manner to allow construction in phases to match future flows. The first phase has been conceptually sized as a 30 MGD pump station with 42" diameter force main which is adequate for conveying the existing peak flows from the Greenwood facility to the North plant. The site layout plan will allow for an ultimate 90 MGD pump station and additional twinned force main which will be needed prior to future servicing of new developments south of Oso Creek. After the first phase of the pump station is commissioned, the remainder of the existing Greenwood plant will be decommissioned and the site can be made available for other uses. A conceptual layout of Greenwood and decommissioning of the existing treatment plant is provided in Figure 2-2. 64 Implementation Phasing Plan November 2016 Rc kailo'` TlschlerBlse Figure 2-2 Greenwood Pumping Station Site Plan Oso The expansion and upgrade of the Oso facility is proposed to include a full overhaul of all unit processes to bring these up to state of the art technology, providing for advanced levels of treatment with nutrient removal capability. The final treatment configuration will be determined after verification of the permitted effluent standards by TCEQ. In addition to upgrading with new technologies, the plant will be expanded to a 20 MGD average annual flow capacity initially and ultimately 24 MGD within the existing fence line. A conceptual site plan for the expanded Oso plant is shown on Figure 2-3. Figure 2-3 Preliminary Layout for Upgraded and Expanded Oso WRP Path C R kalio "` TischlerBise G LNV ® Stantec Laguna Madre After the Oso plant is upgraded and expanded, a pump station and force main will be constructed for conveyance of the wastewater from the Laguna Madre service area to Oso. It is proposed that the pump station be located on the existing site of the Laguna Madre wastewater plant and is expected to require a 10 MGD pump station with a 20" diameter force main to convey the peak wastewater flow to the Oso Plant. This initial conceptual sizing for this Laguna Madre PS and force main assume that it would be sized for the future anticipated peak flow from this service area. It is noted that the preferred route for the force main is through the NAS lands which are currently serviced with an independently owned and operated wastewater facility. The City and NAS are currently in discussion over potential opportunities to rationalize their separate wastewater operations, and this will be reviewed further prior to finalizing the size and route for the Laguna Madre force main. After the pump station is commissioned, the existing Laguna Madre plant will be decommissioned and the remaining site area can be made available for other uses. Collection System During the initial phase of the wastewater servicing plan, a range of collection system improvements will be undertaken as outlined in the Consent Decree currently under negotiation between the City and EPA. Many of these improvements will be located in the Broadway, Oso and Greenwood service areas and address existing deficiencies with service laterals, sewers and force mains via local pipeline rehabilitation, repair or replacement. Following these improvements, it is expected that the City will see a reduction in the extraneous flows due to inflow/Infiltration (I/I) and an associated reduction in the peak flows arriving at these facilities. The New Broadway facility has been constructed to meet an 8 MGD average annual capacity and a 20 MGD peak capacity. The design allowed for future capital improvements to increase the peak flow capacity to 40 MGD, but this work is currently on hold and will be deferred pending a review of the actual observed peak flows observed following the collection system improvements. Additional collection system modifications are under consideration that can rationalize the service area boundaries and provide best use of existing available treatment capacity. These potential projects include flow diversion from one or more of the Port/Pearse, McBride and Arcadia Lift Stations to the Broadway plant to reduce pressure on the Greenwood plant and better use the new Broadway Treatment facilities. The total potential for diversion from the Greenwood to the Broadway sewer sheds is estimated as 2 MGD on an annual average flow basis. Preliminary conceptual routing and associated infrastructure requirements for two of these potential flow diversions are presented here on Figures 2-4 and 2-5. November 2016 Implementation Phasing Plan 65 Stantec LNV Figure 2-4 Potential Force Main Routing for Flow Diversion from McBride Lift Station to Broadway WWTP Figure 2-5 Potential Force Main Routing for Flow Diversion from Arcadia Lift Station to Broadway WWTP Similarly, the existing Woodridge and Williams lift stations both currently pump to the Oso plant. These can readily be modified and provided with flexibility to pump flow over to the Greenwood plant site to relieve flow in the Oso service area. These and other collection system boundary adjustments will be implemented progressively as needed to balance flows during the time while the North plant is under construction. 2.1.2 Second Phase The second major phase of the management servicing plan is proposed to include the consolidation and decommissioning of the Allison WWTP. For purposes of this report, it has been assumed that the preferred strategy is for this work to be undertaken following construction and commissioning of the North plant. Allison Following construction of the North plant, pump stations and force mains will be constructed to allow conveyance of the wastewater from the Allison service area to the new facility. It is proposed that the Allison pump station be located on the existing site of the Allison wastewater plant and is expected to require a 15 MGD pump station with a 30" diameter force main to convey the peak wastewater flow from Allison to the North Plant. This initial conceptual sizing for this Allison PS and force main assume that it would be sized for the future anticipated peak flow from this service area. Further analysis can be undertaken prior to detailed design to determine if either additional future force mains, abooster pump stations or similar alternative strategy may be desirable. After the pump station is commissioned, the existing Allison plant will be decommissioned and the site can be made available for other uses. 2.1.3 Future Phases One major advantage of the preferred wastewater servicing plan is that it provides the City with considerable flexibility to adjust to future servicing requirements or regulatory conditions. Some of the scenarios are discussed below. Note that these potential capital projects have not been considered in the cash flow projections, since the timing and nature of these alternatives is uncertain. Greenwood As noted above, the Greenwood Pump Station will be planned to allow future expansion up to an expected ultimate 90 MGD peak capacity. This additional future flow could come from a variety of areas including new planned development south of Oso Creek or diversion of additional excess flow from new development in the existing Oso service area. Expansion of the Greenwood PS and construction of new force main capacity will be phased in as needed by these growth scenarios. Capital cost for these projects would need to be assessed against the new benefitting developments. Broadway The Broadway plant is about 5 years old and typically mechanical and electrical equipment is expected to last in the range of 20 to 30 years. That means that a major upgrade or rebuild maybe needed in approximately 20 years. Rather than invest in a significant capital upgrade, the City may at that time prefer to transfer the flow over to the North Plant and expand that facility. This would have operational advantages and could provide a longer time savings through additional consolidation. Whitecap The Whitecap facility is located on a barrier island and is remote from the other larger mainland facilities. Consolidation of this service area as part of the wastewater servicing plan is not considered cost effective and the plant is appropriately sized for the projected future flow. It is therefore recommended that it be maintained in its current location with occasional upgrading or repair as required. However, it is recognized that this location is vulnerable to catastrophic damage should a major hurricane strike the area. If such a disaster caused significant damage to the Whitecap facility, the City may prefer to construct a pump station and force main to connect to the mainland wastewater system rather than invest in a replacement 66 Implementation Phasing Plan November 2016 nein C R G kaio* Tiscs h lase plant. A conceptual route for this potential force main crossing of Laguna Madre would follow the route of New Humble Channel up to Bluffs Landings on Flour Bluff. Based on analysis done previously by the City for a water main crossing, this route provides an advantage since it is along disturbed boating channels and would minimize impacts on sea grasses Reuse The preferred option identifies potential for producing reuse quality water for sale to industry along the Ship Channel. There are currently a variety of competing projects under consideration for additional process and cooling water to industry, including a pilot desalination facility. It is therefore proposed that the design of the North plant allow for future addition of the necessary polishing treatment processes for industrial reuse water production but that these elements are not included until and unless the City has assurance that there is a means for cost recovery through sale of water to industry. 2.2. Project Risk Assessment 2.2.1 Introduction to Risk Assessment Many communities are using risk assessment to identify and quantify the severity of risk associated with capital projects. Each project has a different risk profile. Typical risk categories for infrastructure service delivery projects in general and in joint public-private projects are: • Site risk - a collection of risks that flow through the project land. An example of site risk is land acquisition, geotechnical, archaeological, existing condition, etc. • Design, construction and commissioning risk - all risks leading to liabilities and costs related to the design, construction and commissioning of the project on budget and on schedule. • Sponsor and financial risk - risks related to the sponsor's financial stability and security to protect the project on behalf of the public sector. • Operating risk - the consequence of operating risk related to the cost of operating the facility exceeding projections and/or the performance of the facility not meeting projections. • Market risk - risks related to the demand or price of the service resulting in not meeting the revenue projections etc. • Network and interface risk - risks related to the point of intersection between privately provided services and government controlled networks or services and where there is an interdependency of performance. • Industrial relations risk - risks related to labor disputes or action during construction and operational phases of the projects. nate C R kailo 3ischl re Bose LNV ® Stantec • Legislative and government risk - risks related to changes in legislation, government policy and the election of a new government that could impact the project. • Force majeure risk - risks outside the control of either party that impedes the provision of services during the contract period. • Asset ownership risk - risks related to the technical life of the project, or damage or destruction or premature obsolescence are some examples of this risk category. Quantification of risks can assist decision makers in the selection of options and identification and mitigation of project specific issues. For the wastewater management plan the use of risk assessment provides a good technique to highlight the risks that are known at this time. As the project develops and more information becomes available the risk assessment can be updated. Proposed mitigation strategies are presented in Section 4.4 of this report. 2.2.2 Risk Matrix A preliminary risk matrix (Table 2-1) has been prepared for Option 4D. Avariety of risk factors have been considered. These include siting risks, construction cost risk, constructability and a number of others. Each of these risks is ranked using a simple probability of occurrence using a 1 to 3 ranking. The risk impact is also ranked 1 to 3 with 1 being low impact and 3 being high impact. The factor of the probability and impact provides an overall risk factor. This technique is useful in providing a high level screening of risk factors. As the project develops more detailed risk assessment and workshops can be completed with various stakeholders and city staff. November 2016 Implementation Phasing Plan 67 Stantec LNV 2.2.3 Risk Ranking The project was ranked in consideration of the risk categories applicable to each of the major project components. The risks associated with each site under consideration for construction of facilities have been assessed. It also considers the risk associated with the various conveyance systems, social risks and construction risks. Table 2-1 Preliminary Risk Matrix RISK IDENTIFICATION RISK ASSESSMENT Category Risk PROB. IMPACT RISK HIGH= 3 HIGH= 3 FACTOR HIGH > 5 MED = 2 MED = 2 MED 4-5 LOW =1 LOW= 1 LOW < 4 Risk Option 4D Greenwood WWTP site 3 2 6 • Flooding may occur before new North plant is constructed. • Nuisance impacts on neighbors before new plant is constructed. 2 2 4 Site • New North plant construction delayed increasing sustaining capital spend at Greenwood. 2 2 4 • Local stakeholders and/or regulator objects to ceasing discharge into Oso Creek. 1 3 3 • Unable to get easements for the proposed force mains 1 1 3 3 3 3 New North Plant • City unable to find a suitable site in the proposed area. • Significant public opposition to a new North plant 2 3 6 Site • Plant construction delayed. 2 3 6 • Discharge permit to ship channel is delayed or denied. 1 3 3 • Impact of new plant on adjacent residents 1 2 2 3 2 6 Oso WRP • TCEQ denies new effluent permit for plant Site • Adjacent residents oppose the expansion of the plant 3 2 6 • Plant constructability negatively impacted by existing configuration 3 3 9 • Expansion cost higher than estimated 2 3 6 Allison WWTP • Environmentalists oppose the cessation of the current effluent discharge. 2 2 4 Site • Neighborhood impacts associated with proposed pipeline construction to new North plant. 2 3 6 Site • Increased sustaining capital spend due to delay in transferring flow to North plant. 2 2 4 Laguna Madre • Neighborhood impacts associated with proposed pipeline construction to Oso WRP 2 2 4 • Increased sustaining capital spend due to delay in transferring flow to Oso. 2 2 4 68 Implementation Phasing Plan November 2016 Rc kailo'` TlschlerBlse LNV Stantec Category RISK IDENTIFICATION Risk RISI< PROB. HIGH = 3 MED=2 LOW =1 2 ASSESSMENT IMPACT HIGH= 3 MED=2 LOW= 1 2 RISK FACTOR HIGH > 5 MED4 5 LOW < 4 4 • General Public Acceptance of plan • Mitigation Strategies/ Costs higher than anticipated 2 2 4 Stakeholders • Loss of reuse water at locations that currently receive it. 2 1 2 • Social Concerns (concern with rate increases even though plan is one of least expensive) 2 2 4 • Treatment Technology Selection 2 1 2 Engineering • Resource Recovery 2 2 4 • Foundation/ Site Conditions 2 1 2 • Capital Cost/ Affordability 2 3 6 • Anticipated Operations/ Maintenance Costs savings not realized 2 3 6 • Lack of Available Funding 2 3 6 Financial • Funding Conditions/ Restrictions 2 2 4 • Cost Escalation 2 2 4 • Contingency Items 2 2 4 • Financing Costs 1 1 1 Procurement • Procurement Strategy 2 1 2 • Cost higher than anticipated 2 3 6 Construction • Market Conditions not conducive to competitive bidding 1 3 3 • Schedule/ Delays delaying O&M savings. 2 3 6 • Changes/ Claims 2 2 4 • Natural Disaster (hurricane) 1 3 3 Other • City doesn't have sufficient staff to administer the wastewater capital program according to the schedule 2 3 6 • Treatment System Failure (existing plants) 3 2 6 • Archaeological Conditions 1 2 2 2.3. Proposed Implementation Plan and Project Delivery 2.3.1 Project Delivery Options The use of terms and processes related to project delivery models are in the end all related to the degree of risk transfer or level of risks assumed by the private sector versus those retained by the public sector. Project risk is defined as the probability of an unfavorable event having a negative impact upon a project investment. Risk can be managed and/or mitigated. The selection of the appropriate project delivery method is based upon mitigation or delegation of project specific risks to those best able to manage them. A summary of available alternative delivery methods is summarized in the text that follows. Design/Bid/Build (DBB) is the traditional method of project delivery being used successfully for most water and wastewater capital projects in the United States. This method involves three basic participants: design professional (DP), general contractor and City (operating agency). Typically, a sequential approach is utilized for the design, construction and operation. In an attempt to integrate expertise of the participants, techniques including constructability reviews, operability reviews and value engineering are incorporated into the design bid build process. After construction, facilities are operated by City staff. Rath C R G kaiak use November 2016 Implementation Phasing Plan 69 Stantec LNV The first step of this method is to retain a design professional through a qualifications based selection (QBS) process. The design professional's responsibilities include determining facility requirements for the City, and defining (implicitly) many of the risk elements of the project. The design professional is responsible for the engineering design of the facility and the development of contract documents for competitive bidding by the City. In the second step, bids are tendered in conformance with the contract documents and the lowest responsive, responsible bidder is selected, without negotiations, to construct the facilities. Either the design professional, an independent engineer, or City staff assures that the builder's performance is in compliance with the contract documents and assists in resolving any issues or conflicts or both. The City retains design liability. Construction Manager at Risk (CMAR) has two major participants in the contract with the City. The design professional is contracted by the City through a qualifications based selection (QBS) process and is responsible for the design. The construction manager is contracted by the City and is placed at risk early in the project for delivering the work within a guaranteed maximum price. The construction manager provides coordination services in lieu of a general contractor and provides design phase input and assistance. At some point in the design process, the construction manager and the City establish a Guaranteed Maximum Price (GMP) to which the construction manager is contractually bound. The design professional provides conceptual and detailed requirements for the project use in developing a GMP. The City is involved during the design phase by bringing operations expertise into the project; however, once the GMP is established, changes in the project scope may impact the GMP. The construction manager provides design phase consultation in evaluating costs, schedule, implications of alternative designs and systems, and materials; and assumes the risk of construction after the GMP is established. The construction manager self performs portions of the construction and selects qualified construction subcontractors for the remaining portions to complete the work. The contract between the City and CM is typically structured to include an "off ramp" at the GMP stage. This allows the City to terminate the contract with the CM, direct the design professional to complete the design, and bid the project as a DBB if the GMP is considered too high. The selection of the CMAR by the City is based on their qualifications and generally occurs shortly after the selection of the design professional. The construction subcontractors are usually not selected until after the design phase is complete and are not involved in the design phase of the project. This method is best suited for large, new or rehab projects that are schedule driven, are difficult to define, or require construction input during the design phase. This method is least suited for small projects, or where projects are very well defined. Design/Build with City Operations involves a single entity contracted to provide both design and construction services. The City usually develops performance requirements for use in securing a design -builder. The design -builder contracts directly with subcontractors and is responsible for delivery and performance of the project, and specifically assumes design as well as construction liability. Selection of the design -builder is based on the proposal offering the best value to the City, in terms of qualifications, technical and business merit, and project costs. Independent technical, legal and/or financial consultant(s) may serve as City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. A conceptual to preliminary design (10 to 30 percent) maybe prepared at the direction of the City to detail the prescriptive and performance requirements of the project. The design/build contract is negotiated based on a formal Proposal. The City can also execute the project under what is referred to as a progressive design build (PDB). The City has more input to the design under a progressive design build and can make changes as design progresses. Although the DB team provides an indicative price upon proposal submission the Contractor is not bound to this price. However, like CMAR the DB team will produce a GMP at a defined point in the design process (typically 60 to 70% design) which the team will be responsible for meeting. There is typically an opportunity for an "off ramp" at the GMP stage if the submitted price is not acceptable to the City. This delivery method requires the City to be knowledgeable of its needs and objectives for the project and be directly involved in the process. A key element to success is trust between the City and the design -builder, and the opportunity and necessity for the design professional and contractor to work closely together to develop the winning Proposal. For this method, the design -builder is provided with a description of the desired end -product or project outcome. The design -builder is responsible for developing the detailed design and specifications, selection of material and equipment, constructing the facility and meeting performance requirements. Proposers, oftentimes a team of design professional(s) and contractor(s), respond to a Request for Qualifications (RFQ). A short-listed group of qualified proposers responds to a Request for Proposals (RFP) by submitting technical, price and business proposals. The competition process, established early on in the procurement process by the City, ensures an award; which is primarily based on price, technical and financial qualifications. 70 Implementation Phasing Plan November 2016 R�rh ckaiak Tllscs h lase Design/Build/Operate (DBO) is similar to the design/ build method except that the long-term operation and maintenance (typically 20 years) of the facility is combined with the design and construction into a single service contract. A variation to the longterm operations and maintenance contract is to have a period of performance of less than 5 or 10 years, although the trend in today's market is for 20 -year contract operation periods. As with D/B, independent technical, legal and/or financial consultant(s) may serve as City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. In the DBO method, the City has the ability to transfer a significant amount of responsibility and risk associated with a project to a single point of responsibility. That single party is responsible for the integration of design, construction, operation and maintenance expertise for the development of the facility in accordance with performance criteria established by the City. The primary purpose for combining the design, construction, operation and maintenance into a single contract is to effectively integrate all three areas of expertise and responsibility during all phases of the project. The single party, who will guarantee the performance of the full service contract, has the incentive to balance cost efficiencies and long-term operation and maintenance costs and establish an optimum lifecycle analysis. At the end of the contract cycle when the facilities are converted to City operations, contract requirements will need to state and prove that the facilities are fully functional, systems can continue to achieve permit compliance and condition of the equipment is appropriately maintained during the life of the contract. Proposers, generally a team of a design professional(s), contractor(s) and an operation and maintenance organization, respond to a Request for Qualifications (RFQ). A short listed group of qualified proposers then respond to a Request for Proposals (RFP) by submitting technical, commercial and legal proposals. The negotiation process, established early on in the procurement process by the City, ensures an award, which is primarily based on price, technical and financial qualifications. Contract negotiations are permitted, and it is not required that the lowest price proposer be selected if another proposer offers the best value overall. During the contract period, the City retains the ownership of the asset and responsibility for rate setting, billing, collection and administrative services. The Design/Build/Maintain (DBM) method is similar to DB, except that the longer term maintenance of the facility is combined with the design and construction into a single contract with the City operations. An independent consultant(s) may serve as the City's agent by assisting in establishing performance and maintenance requirements Rath C R G kaiak use LNV ® Stantec along with process performance and monitoring performance. The primary purpose for including an extended maintenance period (5 to 20 years) is to assure that the quality of equipment provided and the quality of installation are paramount. It moves the project delivery method closer to design/build/operate, except it allows for continued operation by the City. In the DBM method, the City has the ability to transfer significant responsibilities and risks associated with a constructed project to a single point of responsibility. The single party is responsible for the integration of design, construction and maintenance of the facility for a significant period of time in accordance with performance criteria established by the City. The City relinquishes significant project control to the DBM for design, construction and maintenance aspects of the facility. Since selection of the design -builder is not generally based solely on price, the City has the opportunity to consider qualifications and experience in the selection process. Since the City will own and operate the facilities, it must carefully evaluate standards of proposed predictive, preventive and corrective maintenance, as well as repair and replacement to ensure that the facilities operate efficiently and that the condition of equipment is appropriately maintained during the life of the contract. Standards need to be established so that at the end of the contract period, equipment is left in satisfactory condition. Proposers, generally a team of a design professional(s), contractor(s) and maintenance organization, respond to a Request for Qualifications (RFQ). A short listed group of qualified proposers then respond to a Request for Proposals (RFP) by submitting technical, commercial (business) and financial proposals. The negotiation process, established early on in the procurement process by the City, ensures an award, which is primarily based on price, technical and financial qualifications. The Design/Build/Finance/Operate (DBFO) method is similar to the DBO Method described previously except that the facility is financed by the DBFO entity during the design, construction and long-term operations period of the facility. DBFO is also sometimes referred to as P3 (Public -Private -Partnership). As with the DB method, independent technical, legal and/or financial consultant(s) may serve as the City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. Service fee includes an allowance for construction debt service (as well as its operating and maintenance costs), and as a result the City will have no direct bond or debt service liability. If the contractor fails to provide service, the City can withhold the periodic service payments from the contractor, which includes the repayment of capital and interest. In extreme circumstances of default, the City can terminate the service contract. November 2016 Implementation Phasing Plan 71 Stantec LNV During the contract, the City retains ownership of the asset and also the responsibility for rate setting, billing, collection and administrative services. The Design/Build/Finance/Own/Operate (DBFOO) method is similar to the DBFO Method described above except that the facility is owned by the DBFOO entity during the long-term operations period of the facility. With this delivery method, the project is financed by the DBFOO entity. Again as with the DB method, independent technical, legal and/or financial consultant(s) may serve as the City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. The DBFOO contractor, as the tax beneficial owner, will depreciate the project and contribute equity, which will reduce the amount of debt needed to finance the project. As a tradeoff, the contractor will own the project when the service contract expires, and the City must then purchase or rent the facilities at fair market value if it wishes to continue to receive service from the plant. The service fee includes an allowance for the contractor's debt service (as well as its operating and maintenance costs), and the City will have no direct bond or debt service liability. If the contractor fails to provide service, the contractor does not receive payment. If a resolution cannot be reached between the involved entities, termination of the service contract may occur with the project ownership reverting to the City without cost. The potential for such a provision can take the place of a service contract guarantee by the contractor. During the contract, the City retains the responsibility for rate setting, billing, collection and administrative services. The potential "value for money" increases with increasing private participation in the project. This comes with reduced owner control and higher procurement costs. The key to delivery of any project is to ensure that the "value - for -money" benefits outweigh the cost impact of that delivery. Therefore, it becomes important for the public sector to fully appreciate the risks related to the project and objectives the project is seeking to meet. Table 2-2 provides at a glance the sources for "value for money" or increased cost impact under each delivery model Table 2-2 Comparison of Project Delivery Options - Value for Money and Increased Cost Source For: Project Delivery Method DBB DB DBO DBFO (P3) for Money Value Better allocation of Risk Transfer Very low Low Medium High Reduced Whole Life Cycle Costs Low Low Medium High Better Incentive to Perform Low Medium High Very High Acceleration of Infrastructure Provision Low Some Some Medium Faster Implementation Low Medium High Very High Increased Costs Procurement Costs Low Medium High High Private Finance Premium None Low Low High Tax Leakage None None Medium High Profit Taking Medium Medium High High 72 Implementation Phasing Plan November 2016 R p Fri CR kailo'` TischlerBlse DESIGN BUILD OPERATE DESIGN BUILD FINANCE OPERATE DB DBO LNV ® Stantec A public entity gives up greater control over a project as they transfer risk to a private enterprise. This is illustrated in Figure 2-6. Figure 2-6 Relative Risk Transfer with Various Alternative Delivery Approaches TECHNICAL & FINANCIAL RISK ON PUBLIC ENTITY TRADITIONAL PUBLIC O&M DBFO PUBLIC BUILD OWN OPERATE PRIVATE DESIGN BUILD TURNKEY PRIVATE OPERATE AND MAINTAIN TECHNICAL & FINANCIAL RISK SHARING WITH PRIVATE ENTITY ALTERNATIVE larOg7_TilaltVIRIS PRIVATE PRIVATE BUILD OWN OPERATE In our experience the number of bidders on a project is driven by the chosen delivery method. We have typically seen more competitors bid DBB projects with fewer bidding DBFO or P3 pursuits. However, the more sophisticated delivery approaches tend to attract larger more sophisticated entities. The relative number of bidders typically bidding alternative water delivery projects is as indicated here in Figure 2-7. Figure 2-7 The Project Triangle - Anticipated Number of Bidders for Various Project Delivery Approaches DBFO 3 -4 Competitors DBO 3 - 5 Competitors DB 5 - 7 Competitors \Ns\ The Texas Legislature enacted enabling legislation starting around 2011 to allow delivery of civil projects, including water infrastructure projects, using alternative delivery methods such as Construction Manager at -Risk (CMAR), Design Build (DB), and Public Private Partnership (P3) and their variations. A number of water projects have been undertaken via alternative delivery in the last few years and interest is growing among water utilities to use these methods. A summary of some recent Texas water project undertaken via alternative delivery is summarized as Table 2-3. Path C R G kaiok Tisch &use November 2016 Implementation Phasing Plan 73 Stantec LNV Table 2-3 Examples of Recent Alternative Delivery Water Projects in Texas City/Utility Project Project Size Delivery Method Primary Driver for Selected Delivery Method SAWS Vista Ridge Water Supply Project $450 M P3 Transfer of risk of capital funding to private sector eliminating the need to bond the project. City of Midland T Bar Well Field 35 MGD well field P3 City was essentially out of water due to drought. Project timing drove decision to go P3. City of Houston North East Water Treatment Facility $1 Billion 240- mgd expansion PDB City needs to be off groundwater by 2024 so timing was the driver. Austin 80-mgd North Water Treatment Plant $500 M CMAR One of the primary drivers was to better manage constructability risks. San Jacinto River Authority 30-mgd WTP $150M CMAR Primary driver was to minimize constructability risks and minimize construction cost overruns. 2.3.2 Proposed Implementation Plan 2.3.2.1 Summary of Key Project Elements and Associated Risks The key project elements associated with implementation of Option 4D along with the key implementation risks are summarized here in Table 2-4. Rehabilitation and small upgrade projects identified in the physical condition survey would likely be delivered under traditional DBB delivery or some form of job order contracting (JOC) arrangement. Table 2-4 I<ey Project Elements and Associated Critical Implementation Risks Project Time Frame Estimated Cost ($M) Key Risk Elements Oso WRP BNR upgrade and Expansion 0-5 year $72 M • Constructability associated with existing plant • Impact of construction on existing plant operations. • Inability to secure discharge permit. • Higher cost due to unforeseen circumstances. • Estimated operations cost savings not achieved. Greenwood PS and Force main 0-5 Year $73 M • Ability to secure required easements for force main. • Delay in PS and force main construction delays flow transfer to North plant and increases Greenwood WWTP sustaining capital spend. • Traffic impacts during construction. • Flooding of construction site. Laguna Madre PS and Force main 6 10 year $18 M • Ability to get permit for Oso Bay pipeline crossing. • Securing required easements for force main. • Traffic impacts during construction. New North WWTP 0-5 year $103 M • Ability to secure suitable project site. • Delay in getting effluent discharge permit for new plant. • New plant construction not completed on time resulting in additional sustaining capital spend at Greenwood. • Greenwood PS and force main not ready in time to commission new plant. • Operations cost savings not attained post construction. Allison PS and Force main 11-15$22 years M • Securing required easements for force main. • Traffic impacts during construction. 74 Implementation Phasing Plan November 2016 Haigh C R kali©'` Tischl reBEse• The key risks for the Laguna Madre PS and force main, Allison PS and force main and similar projects are related to securing easements and neighborhood issues such as traffic impacts. The City is likely in the best position to deal with these risks and a DB contractor would likely charge a significant risk premium to deal with these risks. In addition, all of these projects can be constructed by smaller contractors and none is particularly time sensitive. For these reasons, a competitive DBB procurement is most appropriate for these four projects. The Greenwood PS and force main, North WWTP, and Oso WRP projects are time sensitive. The North WWTP will also not be able to be started up until the Greenwood PS is operational. This suggests the most appropriate approach to constructing these two projects is to execute these in parallel or as one large project. The most appropriate approach from a timing perspective would be to bid these projects as two separate projects allowing contractors and contracting teams to bid both and offer potential cost and schedule efficiencies to the City. 2.3.2.2 Multiple Criteria Analysis The Multi -Criteria Analysis (MCA) is a qualitative analysis evaluation method which uses criteria based on the project goals and procurement objectives to compare the procurement models. A matrix evaluation is used to score and rank each of the alternatives. The projects that were evaluated via MCA included: • Greenwood PS and Force Main • New North WWTP • Oso WRP BNR Upgrade and Expansion The MCA matrix was constructed and presented during a workshop with City staff. In the dedicated workshop, qualitative criteria were reviewed for inclusion in the analysis and finalized. Weightings and scoring was then reviewed and finalized. The use of the Multiple Criteria Analysis helped determine the alternative that maximizes overall value of the project and also meets established project criteria compared against the others and leads to the recommended procurement model. Rath C 1" R kalio "` TischlerBise G LNV ® Stantec The following project delivery methods are recommended based upon the results of the MCA analyses: • Greenwood PS and Force Main (DB) • New North WWTP (DBO) • Oso WRP BNR Upgrade and Expansion (CMAR) The City plans to offer industrial reuse water to interested industries in the next 10 -years. The timing for providing reuse water depends upon interest and ability to bring a minimum number of industries under contract to support the capital investment. The market risk and associated implementation is something the private sector is better equipped to manage than the City. For these reasons, we are recommending Industrial Reuse be implemented as a P3 project. 2.4. Interim Operations Plan 2.4.1 Introduction The transition from the existing six plant operation to a four plant operation over the next 20 years requires careful planning to reduce the risk of over -spending on facilities destined to be taken out of service while maximizing O&M savings associated with anticipated staffing reductions. The currently proposed project schedule allows the City to reduce the existing treatment plant upgrading costs presented in Table 2-9 by approximately $133 M. As the facilities are improved, replaced, or removed from service, current staffing levels need to be adjusted to provide acceptable levels of operation and improved levels of maintenance. We are estimating an overall staffing reduction of 13 full-time equivalents (FTEs) during the first 15 years of the plan. The estimated reduction in repair costs quoted previously were based on the facilities being removed from service in the first 5 years. Schedule slippage will require additional sustaining capital spend to keep existing facilities in service. Should schedule slippage occur, a review of the proposed projects should be conducted and implementation of deferred projects should be initiated. November 2016 Implementation Phasing Plan 75 Stantec `NV 2.4.2 Optimization of Existing Plant Repair Program The consulting team met with senior plant operations staff to critically review the list of upgrading and repair projects identified during the physical condition survey and summarized in Section 1.1.2. The primary objectives of these meetings was to identify the most critical projects required to allow safe and reliable operations and ongoing permit compliance until such time as the facility is taken out of service. This optimization exercise reduces the capital cost for Option 4D by a further $ 50 M. The revised overall capital spend for Option 4D would therefore be $ 776 M. These projects should be reviewed with City senior staff prior to finalizing the overall capital program. 2.4.3 Staffing Transition Plan The primary driver for selecting Option 4D was the potential for O&M cost savings through a reduction in current staffing levels. The consulting team reviewed existing labor categories as part of this assessment to confirm the City has the appropriate mix of skills on staff and in future. Our initial review suggests the City has a large number of staff working in operations and very few if any maintenance related staff. A transition plan is therefore required to begin transitioning plant staffing from a primarily operations oriented focus to a combination of operations and maintenance staffing. As vacancies occur in the facility staffing, a long term view of filling vacancies based on future skill needs should be utilized. A preliminary recommendation on staffing levels by employment category over the next 15 years is presented in Table 2-5. The information provided in the table serves as the basis for development of a staffing transition plan in consultation with the City. The final plan needs to take into account anticipated attrition rates, existing skill levels and future skills requirements. Job descriptions need to be developed for each of the identified employment categories as part of the final staffing plan development. Table 2-5 Preliminary Recommendation on Staffing Levels by Employment Category FTE Classification Existing Proposed Year 5 Proposed Year 10 Proposed Year 15 Final Change from Existing Lead Operator 4 3.5 3.5 3 -1 Operator 57 31 31 27 -30 Maintenance Mechanic 12 12 11 +11 Electrician 3 3 3 +3 Instrument Tech 3 3 3 +3 Laborer 1 1 1 +1 TOTAL 61 53.5 53.5 48 -13 Several assumptions were made concerning staffing levels. Staffing at New Broadway WWTP and Whitecap WWTP were maintained at current levels until such time as facility and equipment improvements were made and an extensive SCADA system has been implemented. SCADA allows for remote monitoring and control and is an integral part of the cost reduction plan. New facilities include extensive SCADA control, energy efficient systems and energy recovery where appropriate. The staffing plan will need to include a significant increase in maintenance staffing levels. During the Facility and Operational assessments it became evident that required maintenance levels at all the facilities were not being met. In order to obtain cost savings over the study period, maintenance levels at the facilities must increase. Maintenance staffing must be accomplished through skill based assessments of existing staff with reassignment and/or retraining and hiring from outside where required. It should be noted, that the current recommendation is based upon completing the North WWTP as a DBO with operations provided by a private operator. This use of a private operator will reduce the overall staff contingent by a further 14 staff for the duration of the operating portion of the DBO contract. This issue requires further discussion with City management staff. 76 Implementation Phasing Plan November 2016 Rp Fri CR kailo'` TlschlerBise 2.4.4 Operations During Construction The three primary construction projects associated with Option 4D include the Greenwood PS and force main, new North WWTP, and Oso WRP upgrade and expansion. We are proposing the following during the construction phase of each project: • The existing plant operations staff will continue to operate the Oso WRP during construction. The CM will prepare a detailed bypass and shut down plan in consultation with the City and design engineer to minimize the impact upon existing plant operations. • The DBO contractor for the new North Treatment Plant will operate the new facility for a minimum of two years post -construction. We are proposing the operations of the new Greenwood PS be included in the DBO contractors scope of operation. The Greenwood PS and North WWTP operations would be transferred over to the City at the end of the operations contract. • All other plants would continue to be operated by existing City O&M staff. 2.5. Stakeholder Management Plan Although a great deal of information and knowledge has been gathered from stakeholders in this exploratory phase of the project, there is more to be learned as it relates to the development of a stakeholder management plan as we prepare for the planning and implementation phases of the project. An effective stakeholder management plan is built upon a process that is values -based, decisions -oriented and goal -driven. Some of the key elements of a successful stakeholder engagement plan include: • Effective stakeholder engagement acknowledges the desire for humans to participate in decisions that affect them. • Effective stakeholder engagement facilitates understanding. • Effective stakeholder engagement improves decisions by - bringing all perspectives to the table, - identifying critical issues early; and, - promoting opportunities for the building of understanding and balanced review of the problem or opportunity. We are recommending a follow-up workshop to determine the stakeholder management plan elements for the next phase of the project once the City has adopted the proposed long term servicing option and associated program elements. This workshop will establish critical components to implement as part of the stakeholder engagement plan. Some of these elements may include: R nth c R kaiak Tisc r use ® e G LNV ® Stantec • Stakeholder Baseline Data • Background review of stakeholder groups • Review and assessment of stakeholder issues and expectations • Decision scope and timeline, as it relates to stakeholder engagement • Stakeholder engagement process objectives • Determine the level of engagement and promise the following to the stakeholders: - INFORM > "We will keep you informed." - CONSULT > "We will keep you informed, listen to your concerns and provide feedback on decisions made." - INVOLVE > "We will ensure your concerns are directly reflected in the alternatives developed and provide feedback on decisions made." - COLLABORATE > "We will look to you for the advice and innovation in formulating solutions and incorporate your advice and recommendations in to the decisions made." - EMPOWER > "We will implement what you decide." • Stakeholder Engagement Techniques • Information required by stakeholders, related to (1) process and (2) content • Input needed from stakeholders • Engagement technique selection (some potential techniques for this projects below) - Public Information Campaign - Project Advisory Committee • Feedback required from stakeholders • Stakeholder Engagement Evaluation • Evaluate each technique. • How did it contribute to achieving the technique objective? • Analyze each stakeholder engagement objective. • How did it contribute to achieving the stakeholder management plan objectives? • Evaluate the contribution of the overall stakeholder engagement process to the project planning and implementation phases of the project. - How did it contribute to achieving the overall project objective? The project team recommends this stakeholder engagement planning workshop take place in early September, so the plan can be utilized and implemented during all future phases of the project. Workshop participants should include City staff and stakeholders who have been actively engaged in the WWMP project thus far. November 2016 Implementation Phasing Plan 77 Implementation Programming Schedule /Pis' psl 350 0.£ UCMOSS `NV Stantec 3.0 Implementation Programming Schedule 3.1. Introduction The proposed program implementation schedule is presented in this section. The main objectives were to: • Identify the trigger factors for each of the key project elements. • Identify critical risk factors associated with project implementation and the appropriate risk mitigation plan to address these. • Present the final capital improvement plan schedule and projects. 3.2. Project Implementation Triggers The City has asked that the consulting team identify implementation triggers for each of the key projects. It should be noted that reasonable implementation triggers have long passed for most if not all of the key projects identified in this report. The rationale for this statement is summarized as follows: • The majority of future growth is anticipated to occur in both the Oso and Greenwood sewer shed. The 2015 flow for the Oso and Greenwood plants are at 82% and 79% of the plants respective rated capacities. According to the Texas Administrative Code (TAC) 305.126(a) "whenever flow measurements for any sewage treatment plant facility in the state reaches 75 percent of the permitted average daily or annual average flow for three consecutive months, the permittee must initiate engineering and financial planning for expansion and/or upgrading of the wastewater treatment and/or collection facilities." Currently Greenwood WWTP and Oso WRP are beyond the 75 percent threshold and planning will have to take place to satisfy the TAC 305.126(a) ruling. Plant expansion is required at both Oso and Greenwood now. Path C R G kaiak Tisch &use • The Greenwood plant is located within the floodplain and the site has flooded twice this year. This has indirectly resulted in a spill to nearby La Volla Creek. The existing plant is in poor physical shape and requires over $60 M in repair. The existing plant needs to be replaced now. Therefore, construction of the new North WWTP needs to proceed as soon as possible. • Building a new plant to replace the existing Greenwood facility will take approximately five years meanwhile the site and local residents are susceptible to flooding impacts. Doing nothing for the next five years while residents wait is not recommended. The redirection of flows from the McBride and Arcadia Pumping Stations to the Broadway WWTP will reduce the flow to Greenwood in the short term reducing flooding potential. These projects will also increase the use of reserve capacity at the Broadway WWTP which the City paid over $50 M for only three years ago. • Priority projects (0 to 5 year time period) identified during the physical condition survey need to be reviewed with City staff and the most critical projects need to proceed now. • The work plan for the collection system outlined in the upcoming consent decree cannot wait and the City needs to proceed with the identified program in an expeditious manner. Key projects that can be delayed, and the associated trigger factor for these include: • Construction of the Allison PS and force main to direct flow from the Allison sewer shed to the new North Plant. The trigger for this work is completion of the North plant construction. • Construction of the Laguna Madre PS and force main to direct flow from the Laguna Madre sewer shed to the upgraded and expanded Oso WRP. The trigger for this work is completion of the planned plant expansion at Oso. November 2016 Implementation Programming Schedule 78 Stantec LNV 3.3. Proposed Program Implementation Schedule The proposed implementation schedule for the key projects is summarized here in Table 3-1 measured from the point of decision for start of the wastewater management plan. The implementation schedule is presented in five year increments. The detailed cash flow spend is presented in the cash flow model enclosed here as Appendix F. Table 3-1 Program Implementation Schedule Program Element Implementation Time Frame Cost 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. Collection System Upgrades Associated with Reducing Overflows $382 M Allison WWTP Repair and Rehab $17 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $15 M Oso WRP Repair and Rehab $81 M Oso WRP BNR Upgrade & Expansion $72 M Greenwood Repair and Rehab $14 M Greenwood PS and Force main $73 M Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103 M Whitecap WWTP Repair and Rehab $23 M 3.4. Risk Management Plan Awide range of risks can impact the successful execution of this overall wastewater servicing program. The full range of these risks was highlighted in Section 3.3. These risks can generally be grouped into two broad categories - those that impact the scope through project planning and those that impact results of the project execution. As noted in the Section 3.4, dividing the program into suitable sized projects and selecting an appropriate project delivery method for each project can manage the risks associated with the execution including the procurement, design, construction, operation and maintenance. Assigning responsibility for each element of the project execution to the team or professionals most able to control the outcomes will typically result in an overall lower risk to the City. However, the planning level risks such as site selection, permitting, and regulatory compliance are of a fundamental nature that remain with the City and cannot easily be transferred to a DB, DBO or P3 partner. In particular, there is a considerable degree of uncertainty with respect to the regulatory regime and future treatment requirements for both existing and new plants. Each of the existing facilities operates under a permit from TCEQwhich is renewable every five years. Of the six existing facilities, one permit renewal (Oso) is administratively complete but is still under review; two permits (Laguna Madre and New Broadway) have recently expired and need renewal; and three permits (Greenwood, Whitecap and Allison) expire within the next 18 months. There is no certainty that renewal will be given in a timely manner or with similar conditions to current permits. The City currently is experiencing considerable increased costs to meet new permit requirements at aged facilities that were never designed to provide that level of treatment. The risk of continued changes to future treatment requirements is one of the primary drivers leading the City to consider consolidation of their facilities. The evaluation of the wastewater servicing options has considered this regulatory uncertainty and higher weighting was given to options that were flexible to adapt to future requirements. The identified project elements of the preferred Option 4D as described above are the most likely outcomes based on the consultant team's evaluation of the current and future requirements. These outcomes may however need to be adapted to meet future changes in conditions and it is recommended that a range of potential alternative strategies should be identified. The highest priority elements for the Option 4D are the expansion of the Oso plant and construction of the new North plant. A summary of potential risk elements, assessed risk factor (Low, Medium or High) and alternative strategies for these two sites are provided in Table 3-2. It should be noted that any high risk elements have already been addressed in the proposed project elements for the preferred option. 79 Implementation Programming Schedule November 2016 nein C R G lk hallo'' TNschr ii se. LNV Stantec Table 3-2 Potential Alternative Strategies Project/Site Key Risk Elements Risk Alternative Strategy Oso WRP BNR upgrade and Expansion Unable to continue use of existing site Low • Pump flow to Laguna Madre and build new plant on that site (as per Option 4A) Oso WRP BNR upgrade and Expansion Unable to renew permit for existing discharge to Oso Bay Med • Keep Oso plant on site but consider alternative outfall discharge such as Corpus Christi Bay or Laguna Madre OR • Pump flow to Laguna Madre and build new plant on that site (as per Option 4A) Oso WRP BNR upgrade and Expansion Unable to secure permit for expanded discharge to Oso Bay Med • Keep Oso plant at existing size, redirect south portion of service area and Laguna Madre to Greenwood PS and pump to North Plant (Alternative Option 4E) Oso WRP BNR upgrade and Expansion Unable to secure permit for any discharge to either Oso Bay or Laguna Madre Low • Pump flow from Oso to North plant and build larger new plant (as per Option 3A) New North WWTP Unable to secure a new site Low • Build new plant on existing Allison site (Option 2B) New North WWTP Unable to secure a permit for discharge into Ship Channel Low • Consider discharge to one or combination of Oso Creek and/or Nueces River As noted above, many of the Alternative Scenarios incorporate elements of the other wastewater servicing options considered earlier during the evaluation process. There will be opportunity to refine these strategies further once more clarity is available on some of these risk elements, especially regarding the permit renewal for Oso WRP. For instance, one "hybrid" option that can be implemented is to split the Oso service area roughly in half along the line of the SPID. The new development and growth in the southern half can be pumped to the new North Plant via the Greenwood PS and the northern half can continue to flow to and be treated at the existing Oso WRP. This Alternative - called Option 4E is depicted in Figure 3-1. Figure 3-1 Alternative Option 4E Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant - Wastewater Pipeline 3 Reuse Pipeline 2.5 10 AWi Path C R G kalnkTisch &Ise November 2016 Implementation Programming Schedule 80 Stantec LNV 3.5. Fund Requirement Schedule The estimated cash flow requirements for the recommended servicing plan are summarized here in Table 3-3. All capital costs are presented here in 2016 constant dollars. The capital spend by project and year is included with the cash flow models presented in Appendix F. Table 3-3 Summary of Fund Requirements Program Element Collection System Upgrades Associated with Reducing Overflows Implementation Time Frame 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. $127 M $127 M $127 M Allison WWTP Repair and Rehab $13 M $4 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $11 M $3 M $1 M Oso WRP Repair and Rehab $54 M $3 M $6 M $18 M Oso WRP BNR Upgrade & Expansion $72 M Greenwood Repair and Rehab $14 M Greenwood PS and Force main $73 M Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103M Whitecap WWTP Repair and Rehab $19 M $2 M $2 M TOTALS $493 M $155 M $157 M $21 M The total estimated capital spend for Option 4D is approximately $826 M with O&M savings over the next 30 -years of approximately $60 M relative to the benchmark option of maintaining the six existing wastewater treatment plants. 81 Implementation Programming Schedule November 2016 Rc kailo'` TischlerBlse 5 Stantec AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com (361) 826-7205 Kim Baker, Assistant Director Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 QuantStudio Dx Equipment and Installation for the Health Department CAPTION: Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. PURPOSE: To purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Zika, Ebola and other high consequence infectious diseases within the service area of Corpus Christi-Nueces County Public Health District (CCNCPHD) that includes Calhoun County, Victoria County, Aransas County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County and San Patricio County. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a one-time supplemental grant to the CCNCPHD in the amount of $200,000 to perform activities and purchase equipment in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC- RFA-TP12- 12010302SUPP15) under the Grant Title: Hospital Preparedness Program ( HPP) and Public Health Emergency Preparedness (PNEP) Cooperative Agreements I PHEP Supplemental for Ebola Preparedness and Response Activities and CFDA # 93.074 from the Centers for Disease Control and Prevention ( CDC). Quant Studios - Thermo cyclers for PCR analysis for Bioterrorism testing will be purchased. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $200,000.00 $0.00 $200,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $184,253.50 $0.00 $184,253.50 BALANCE $15,746.50 $0.00 $15,746.50 Fund(s): Health Grants Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Terms and Conditions of Sale Instrument Service Terms and Conditions Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. WHEREAS, QuantStudio Dx equipment and installation will be purchased for use by the Health Department; WHEREAS, this QuantStudio Dx equipment and installation will assist the Health Department in the operation of monitoring the amount of DNA targets and enables very precise, sensitive, and accurate quantitative measurements; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to purchase QuantStudio Dx equipment and installation by the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ PRICE SHEET QUANTSTUDIO DX EQUIPMENT AND INSTALLATION ITEM DESCRIPTION QTY. UNIT Fisher Scientific Company LLC Pittsburgh, Pennsylvania UNIT PRICE EXTENDED PRICE 1. QUANTSTUDIO DX 96W FAST US IVD 2 Each $66,200.000 $132,400.00 2. FAST 96W CALIBRATION KIT IVD 2 Each $0.000 $0.00 3. INSTALLATION IQOQ, QSTUDIODX 2 Each $0.000 $0.00 4. QS DX, BASIC TRG (CUST SITE) 2 Each $0.000 $0.00 5. AB DX, QSDX, 1OQPQ 3 Each $8,331.000 $24,993.00 6. AB DX, QSDX, 1OQPQ 3 Each $8,331.000 $24,993.00 7. SHIPPING 1 Each $1,867.500 $1,867.50 Purchase Cost: $184,253.50 Instrument Services Terms and Conditions Reference: Fisher HealthCare Quote No. S1790397 These terms and conditions apply to instrument services purchased from Life Technologies Corporation ("we" "us" or "our"). If you purchase instrument services from other Thermo Fisher Scientific entities, different terms and conditions may apply. If you have any questions about our quotation, our ordering process, or what terms and conditions apply to your order, please call Customer Services at 1 800 955 6288. As used herein, the terms "you" and "your" refer to the City of Corpus Christi, Texas. 1. Contract Terms. 1.1 General Terms. These are the contract terms and conditions under which we sell, and/or provide, our Instrument Services to you ("Service Terms"), unless (i) we specifically designate other terms to apply to a specific service; or (ii) if you and we have entered into a valid, active, written agreement that expressly provides that its terms supersede and replace these Service Terms with respect to the services covered by the other agreement. Any additional or different terms and conditions that you may provide to us, are material alternations and we reject them. These Service Terms collectively with any quotation provided by us constitute the "Agreement." Our offer to sell and/or perform Instrument Services is expressly limited to the terms of the Agreement. By ordering or requesting Instrument Services from us, you agree to accept and be bound by these Service Terms. This Agreement is the complete and exclusive contract between us with respect to your purchase of, or request for, Instrument Services. 12 Terms Conflict. If any conditions within the Agreement documents conflict with each other, we will give them the following order of precedence with the document listed first being given a higher order of priority: these Service Terms, the quotation, and, if you are buying a Service Plan, the service level description of the Service Plan. 13. When Agreement takes Effect. The Agreement between us is created when we accept your order or request, either by sending a written confirmation or by initiating performance of the Instrument Services. 2. Service Offerings. 2.1. Service Offerings. We offer repair, maintenance, relocation, recertification, training, qualification, and technical and application support services for your instruments and devices (collectively, "Instrument Services"). 22. Manufacturer Warranty Services. Some of our Instrument Services are provided as part of the limited instrument manufacturer warranty we offer you when you purchase our instrument. 2.3. Service Plans. We also provide post -manufacturer warranty maintenance and repair Instrument Services called "Service Plans". Descriptions of our Service Plans are available at http://www.thermofisher.com/instrumentservices. 2.4. Where we Perform Services. We perform most Instrument Services in your lab, but we may perform some Instrument Services for smaller instruments at one of our facilities. 3. Price. 3.1. Determining Price. For Instrument Services you purchase, the price is shown in our quotation to you. If we do not provide you with a quotation, the price will be the list price that applies to your country on the date we receive your order. 32. Taxes and Fees. Our prices do not include any taxes (including VAT), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. 4. Payment Terms. 4.1. Payment Terms. Unless we indicate another period on our quotation, you must pay invoices within 30 days from the invoice date in the currency specified in our invoice. Each order is a separate transaction, and you may not setoff payments from one order against another. 42. Late Payment. If you are late in making payment, without affecting our other rights, we may suspend performance or cancel your contract, reject your future orders, and charge you a late -payment charge, from the due date until paid, at the rate of 1% per month (12% per year) or, if less, the maximum amount allowed by law. You agree to pay this late charge upon request. 43. Collection Costs. If we appoint a collection agency or an attorney to recover any unpaid amounts, you must pay all reasonable costs of collection, including all associated reasonable attorneys' fees. 5. Scheduling. Page 1 of 4 5.1. Available Times. We provide Instrument Services Monday through Friday, 8:00 a.m. to 5:00 p.m. (local time), excluding holidays. 52. Scheduling. We will work with you to schedule Instrument Services at a time that is mutually convenient. 6. Decontamination and Safe Working Environment. 6.1. Decontamination Obligations. Before we perform Instrument Services on your instrument, you will fully decontaminate your instrument or its component of radioactive, biological, toxic or other dangerous materials or substances or any material and, if we request, you will submit to us an accurate and completed certificate of decontamination. 62. Moving Instrument. If we request, you agree to move your instrument to another location that we reasonably deem is safe for our employees to perform Instrument Services. 63. Biosafety Level -3 and 4 Laboratories. We do not service instruments in biosafety level -3 laboratories, unless we agree otherwise in writing in advance. There may be an additional charge and additional terms for Instrument Services in such facilities. We do not service instruments in biosafety level -4 laboratories. 7. Spare Parts. 7.1. 72. Repair or Replace. We may repair or replace any parts of the instrument based on our professional judgment. New, Used or Reconditioned Parts. We will may use new, used, or reconditioned parts. We may retain any replaced part as our property. 8. Service Plans. 8.1. Service Level Descriptions. For service level descriptions of our Service Plans, please go to http://www.thermofisher.com/instrumentservices. 82. Instrument Recertification. If your instrument has not been under our warranty or our service plan immediately prior to the time of your requested coverage, before we cover your instrument under a Service Plan, we may require instrument recertification. We will provide instrument recertification services on a time -and -materials basis. 83. No Coverage for Ancillary Equipment. Unless we stated otherwise in our quotation, our Service Plans cover only our instruments and do not include ancillary equipment even if we supplied it. 8.4. instruments. No Replacement of Consumables. Our Service Plans do not cover replacement of consumable products used on the 8.5. Exclusions. In addition to the above exclusions, our Service Plans do not cover replacement of parts or repairs needed for defects or damage resulting from (i) your neglect, carelessness, or misuse, for example, connecting the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, using incompatible solvents or samples with the instrument, operating the instrument not in conformance with our instructions or specifications, or your improper or inadequate maintenance of the instrument; (ii) installation of software or use in combination with software or products that we did not supply or authorize; (iii) modification, repair, service transfer to another location of the instrument that you or your employees, agents or an unauthorized contractor made; (iv) intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations; from acts of nature or accident; or (v) any defects or damage that we did not cause. 8.6. Terminating your Service Plan. Service Plans may be terminated in the following ways: (A) Terminating for Any Reason. You or we may cancel your Service Plan by sending a written notice of termination to the other at least 30 days before effective date of termination. (B) Terminating for Cause. We may immediately terminate a Service Plan if the instrument covered by the Service Plan is transferred to another location without our advance written consent. (C) Effects of Termination. If a Service Plan is terminated by you under Section 8.6(A) or by us under Section 8.6(B), we will charge you for the total price of services actually performed and expenses actually and reasonably incurred in servicing the covered instrument under the underlying Service Plan from its effective date until the termination date, or the prorated price of the underlying Service Plan from its effective date until the effective termination date, whichever is greater, plus 15% of the total fee paid for the underlying Service Plan. We will credit you for any payment that you made to us in excess of this amount and you may use the credit toward future purchases from us of instruments, consumables or Service Plans. We do not provide cash refunds on account of the early cancellation of any Service Plan or other agreement for Instrument Services. Page 2 of 4 9. Limited Warranty for Instrument Services. 9.1. Limited Warranty. We warrant that the Instrument Services we provide to you will be in accordance with the generally accepted standards prevailing in the Instrument Service industry. You must make any claim for breach of this warranty within 90 days of the date the Instrument Services were performed and prior to any unauthorized repair, change, or modification has been made to any part of the instrument. 92. Exclusions. Our warranties do not apply to (i) your neglect, carelessness, or misuse, such as but not limited to, connecting the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, using incompatible solvents or samples with the instrument, operating the instrument not in conformance with our instructions or specifications, or your improper or inadequate maintenance of the instrument; (ii) installation of software or use in combination with software or products that we did not supply or authorize; (iii) modification, repair, service transfer to another location of the instrument that you or your employees, agents or an unauthorized contractor made; (iv) intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations; from acts of nature or accident; or (v) any defects or damage that we did not cause. ADDITIONALLY, ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN US WITHOUT OUR PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS WE HAVE NOT SUPPLIED, WILL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THESE INSTRUMENT SERVICES AND THE AFFECTED PRODUCTS. 93. Remedies. During the applicable warranty period only, for services not meeting our warranty, we agree, at our option to: (i) re -perform the defective Instrument Services, or (ii) refund to you the fee you paid to us for the defective Instrument Services, if applicable. This section states our entirely liability for a valid warranty claim under this Agreement. 9.4. Limitations. OUR WARRANTIES EXTEND ONLY TO YOU, THE ORIGINAL PURCHASER, AND YOU CANNOT TRANSFER THEM. WITH RESPECT TO INSTRUMENT SERVICES, EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER OR EXPRESS OR IMPLIED, ORAL OR WRITEN, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ORMERCHANTABILITY. 10. Compliance with Law. We make no representation that the Instrument Services we provide to you will meet or satisfy standards of any governmental body, including the U.S. Food and Drug Administration. You agree that it is your responsibility to ensure that such services are adequate to meet your regulation or certification requirements and that all requirements of any governmental body or other organization, including, but not limited to, any requirement of the U.S. Food and Drug Administration are your responsibility. 11. Intentionally Omitted 11. Indemnification. 11.1. Our General Indemnity. We will indemnify and hold you harmless from and against any and all third party claims for injury to persons, including death, or damage to tangible property occurring while our employees are on your premises to the extent the claims are caused by our employees' negligent acts or negligent omissions, provided we are given prompt notice of any claim and the opportunity to control the defense and settlement of the claim. 112. Conditions to Our Indemnity. As a condition to any of our indemnification oblitations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) allow us to solely control the defense or settlement of the claim; and (d) give us your reasonable information, co operation and assistance. 12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE AGREEMENT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY THAT IS THE RESULT OF INSTRUMENT, EQUIPMENT, OR PRODUCT ERROR OR THE FAILURE OF AN INSTRUMENT, EQUIPMENT, OR OTHER PRODUCT TO PERFORM IN ACCORDANCE WITH ITS SPECIFICATIONS. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE SERVICE TERMS, ANY SERVICE PLAN, OR INSTRUMENT SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES RENDERED THEREUNDER, OR BREACH THEREOF OR FAILURE TO PERFORM IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES YOU PAID US FOR THE SPECIFIC SERVICE PLAN OR, INSTRUMENT SERVICES THAT GIVE RISE TO YOUR CLAIM. 13. Miscellaneous. 13.1. Assignment. You may not transfer or assign your Service Plan or any contract with us for Instrument Services. Any attempted transfer or assignment will be void. Page 3 of 4 13.2. Intellectual Property. Nothing in these Service Terms shall be deemed or construed as a license or grant of any intellectual property rights, whether express, implied, by estoppel, or otherwise, to you, or to limit our rights to enforce our patent or other intellectual property rights. 133. Governing Law. The Agreement and performance under it will be governed by the laws of the State of DelawareTexas, USA, without regard to provision on the conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. 13.4. Uncontrollable Circumstances. We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. 13.5. No Waiver; Invalidity. Our failure to exercise any rights under the Agreement is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement. No person other than you or us will have any rights under the Agreement. Headings are for convenience only and shall not be used in the interpretation of these Terms. 13.6. Confidentiality. You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation), manuals or instructions received from us as a result of discussions, negotiations and other communications between us in relation to our products or services, unless such information must be released pursuant to government order, state law, or subpoena; provided, however, that in such an instance, you will give us sufficient prior notice to challenge or limit such disclosure, and further, you will limit any such disclosure to only information that is expressly required to be disclosed. 13.7. Notices. Any notice or communication required or permitted under these Service Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by certified mail, postage prepaid, to a party's specified address. 13.8. Changes to Terms. We reserve the right to change these Service Terms at any time. Any changes made will not apply to the Agreement between us for any order we receive before the changes are made. The most recent revision date can be found at the end of these Service Terms. 8 3 2016 Revised May 2, 2017 for City of Corpus Christi Revised May 23, 2017 for City of Corpus Christi Page 4 of 4 TERMS AND CONDITIONS OF SALE Reference: Fisher HealthCare Quote No. S1790397 Thank you for your interest in purchasing products. We value your business and our goal is to make your purchasing experience as smooth as possible. If you have any questions about our quotation or ordering process, please call Customer Services at 1-800-955-6288. Unless otherwise expressly agreed in writing, your purchase of products is subject to the following terms and conditions: As used herein, the terms "we" "us" or "our" refer to Life Technologies Corporation, and the terms "you" and "your" refer to the City of Corpus Christi, Texas. 1. Contract Terms 1.1. General Terms. These terms and conditions ("Terms"), our quotation (if any) and Supplementary Terms, if any, comprise the agreement ("Agreement") between you and Life Technologies Corporation. Unless your order is subject to a valid, written, executed agreement between you and Life Technologies Corporation, in which case such agreement applies, you agree to accept and be bound by the Agreement by ordering products on thermofisher.com or if you receive ordering or sales documents that reference these Terms. This Agreement is the complete and exclusive contract between us with respect to your purchase of the products. 12 Supplementary Terms. Some of our products are subject to software licenses, limited use label licenses or other written contract terms that you will not fmd here ("Supplementary Terms"). You might find Supplementary Terms in our quotation to you, on thermofisher.com, or in literature that accompanies the product. You may also obtain copies from Customer Services. 13. Terms Conflict. If any conditions within the Agreement documents conflict with each other, we will give them the following priority: the quotation, Supplementary Terms, and finally these Terms. We expressly reject any different terms or provisions contained in any document you provide, and if the terms and conditions in this Agreement differ from the terms of your offer, this Agreement will serve as the governing terms for our contract. 1.4 When Agreement takes Effect. The Agreement between us is created when we accept your order, either by sending a written confirmation, or by shipping the product or otherwise initiating action to provide what you have ordered. 2. Price 21. Determining Price. We may change our prices at any time without notice. Prices we quote you are valid for 30 days, unless we state otherwise in writing. Additionally, the price as shown in our quotation to you, is subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions which are not part of our original price quotation. If no price has been specified or quoted to you, the price will be the product price on thermofisher.com in effect at the time we accept your order. 22 Taxes and Fees. Our product prices do not include any taxes (including VAT), duties, levies or other govemment fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. If you claim any exemption, you must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. 23. Delivery Fees; Freight Policy. You are also responsible for standard delivery and handling charges, if any. We will also add these charges to your invoice. For details of our freight policy, please call Customer Services. 3. Payment 3.1. Payment Terms. We will invoice you for the product price and all other charges due when we ship you the products. Unless we have agreed otherwise in writing, you will pay us within 30 days from our invoice date. Each order is a separate transaction, and you may not off -set payments from one order against another. We reserve the right to require you to make full or partial payment in advance, or other security to our satisfaction, if we believe in good faith that your financial condition does not justify the payments terms otherwise specified. You will make all payments in U.S. Dollars. 32 Late Payment. If you are late in making payment, we may, without affecting our other rights: (A) suspend delivery or cancel the Agreement; 03) reject your future orders; and/or (C) charge you a late -payment charge, from the due date until paid, at the rate of 1.5% per month, or, if less, the maximum amount allowed by law -which you must pay upon our demand. 33. Collection Costs. If we appoint a collection agency or an attorney to recover any unpaid amounts, you must pay all reasonable costs of collection, including all associated reasonable attorneys' fees. 4. Delivery; Cancellation; Changes Page 1 of 7 4.1. Delivery. We will ship products to the U.S. destination you specify in your order, FOB our shipping pointDestination, Freight Prepaid and Added. We may, in our discretion, (a) make partial shipments and invoice each shipment separately; and/or (b) stop delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due, or if you otherwise do not perform your obligations in this Agreement. Our shipping dates are approximate only, and we will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our reasonable control. If we do delay shipment because of a cause beyond our reasonable control, we may terminate the affected order, or reschedule the shipment, and we will do so within a reasonable period of time. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. If our delivery of a product to you is delayed due to any cause within your control, we will place the delayed products in storage at your risk and expense and for your account. 42 Cancellation. Once you have placed your order, you cannot cancel it, unless we consent in writing, and you pay any applicable cancellation charges. 43. Changes. You may not change orders in process, except with our written consent and agreement as to an appropriate adjustment in the purchase price for the applicable products. You will not receive credit for products returned without our prior consent. 5. Risk of Loss and Title 5.1. Risk of Loss. Aside from the trade terms indicated above, products are delivered when we load them onto the commercial carrier delivers the products to youat our facility. At this point you become responsible for risk of loss and damage. 52 Title. Title to products will pass to you (except software incorporated within or forming part of a product, which we or our licensors continue to own) when we deliver the product to the carrier delivers the products to you. 6. Returns and Shortages 6.1. Returns and Shortages. We want you to receive our products in good condition. You may return a product that is damaged or defective on delivery, or correct any shortages, if you contact Customer Services within 5 days after receiving the product. If you do not contact us within this 5 -day period, we will deem the product accepted, but you will not lose any warranty rights. 62 Authorization for Returns. Customer Services must authorize all product returns. If your product return is authorized, Customer Services will provide you directions regarding the return process. Customer Services may not authorize some items for return. 63. Product -Credit Eligibility. To be eligible for product credit, a product must be authorized in writing for return and must arrive at our facilities in a condition satisfactory for resale. Any return not due to our error is subject to a restocking charge of $25 or 25% of the sale price—whichever is greater. We do not credit shipping charges. You may not return a product for credit more than 20 days after you receive it. 6.4 Custom -Product Returns. You may return a custom product we make to your specifications only if the product does not conform to the given specifications as of the date of shipment. In that case, we will, in our sole discretion, either replace the custom product or refund you the purchase price. 7. Warranties 7.1. Limited Warranties for Consumables and General Labware. Unless a different written warranty period is included with product literature in the Supplementary Terms such as, but not limited to, product literature or thermofisher.com product pages, we warrant that each consumable (including general labware) will meet its specifications stated in our published catalogs or associated Supplementary Terms. This warranty lasts from the time we ship the consumable until the earlier of: (1) the consumable's expiry or "use by" date, or (2) its specified number of uses. If we do not specify the expiry date, the number of uses, or a different warranty period (for example, in Supplementary Terms), the warranty will last for twelve (12) months from the date we ship the consumable. 72 Limited Warranties for Instruments. Unless a different warranty is included in the Supplementary Terms, or in the applicable quotation, we warrant that instruments will be free of defects in materials and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for 12 months from the date we ship the instrument to you, or in the case of instruments that require installation by our personnel, 12 months from installation, but in no event longer than 15 months from the date we ship the instrument to you. 73. Limited Warranty for Spare Parts. We also warrant that spare parts you purchase from us and that we install, or are installed by a company we have certified as an authorized installer, will be free of defects in materials and workmanship for 3 months from the date we deliver them, or, if longer, the original warranty period of the instrument in which the part is installed. We do not warrant parts that you do not purchase from us or we do not install. These parts are sold "as is". 7.4 Exclusions. In addition to our exclusion for third party products as set out in Section 7.7, our warranties do not apply to (a) normal wear and tear, (b) accident, disaster or event of force majeure, (c) your misuse, fault or negligence, (d) use of the products in a Page 2 of 7 manner for which they were not designed, (e) causes external to the products such as, but not limited to, power failure or electrical power surges, (f) improper storage and handling of the products (g) use of the products in combination with equipment or software that we did not supply; (h); instruments sold to you as 'used' products; (i) contact with improperly used or unapproved chemicals or samples ;(j) installation, removal, use, maintenance, storage, or handling in an improper, inadequate, or unapproved manner, such as, but not limited to, failure to follow our instructions or operating guidelines, or protocols, operation outside of stated environmental or use specifications, or operation with unapproved software, materials or other products; (k) manufacture in accordance with specifications you gave us; or (1) installation of software or interfacing, or use of the instrument in combination with software or products we have not approved. ADDITIONALLY, ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN US WITHOUT OUR PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS WE HAVE NOT SUPPLIED, WILL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. WE MAY ALSO VOID YOUR WARRANTY IF YOU SHIP THE PRODUCT OUTSIDE OF THE UNITED STATES. If we determine that products for which you requested warranty services are not covered by the warranty, you will pay or reimburse us for all costs of investigating and responding to such request at our then prevailing time and materials rates. If we provide repair services or replacement parts that are not covered by this warranty, you will pay us at our then prevailing time and materials rates. 7.5. Limitations. OUR WARRANTIES EXTEND ONLY TO YOU, THE ORIGINAL PURCHASER AND YOU CANNOT TRANSFER THEM. OUR OBLIGATION TO REPAIR OR REPLACE A PRODUCT IS YOUR SOLE REMEDY. EXCEPT AS WE'VE OTHERWISE STATED, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PRODUCTS ARE ERROR- FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. 7.6 Remedies. During the applicable warranty period only, for products not meeting our warranty, we agree, in our sole discretion, to repair or replace the non -conforming product and/or provide additional parts as reasonably necessary to comply with our warranty obligations, but you must first (a) promptly notify us in writing when you discover any defect or non-conformance, and include in the notice the details of your warranty claim as requested by Customer Services; and (b) after our review, assuming we authorize the product return, we will provide you with service data and/or a Return Material Authorization ("RMA"), which may include biohazard decontamination procedures and other product -specific handling instructions that you must follow. For valid product warranty claims timely made in accordance with this Agreement, you must return the non -conforming products to us, unless we agree otherwise, and we will prepay the shipping costs. For instruments only, we may choose to provide you, new or refurbished replacement parts. All replaced parts will become our property. We will ship your repaired or replaced products according to our Delivery terms in Section 4 of these Terms. 7.7. Third Party Products. We do not support or make any warranties about products manufactured or supplied by third parties that you purchased through any of our sales channels. When you buy a third party product, we will let you know that this purchase is governed by the third -party's own contract terms. You must look directly to the relevant third -party manufacturer for product support, warranties, and to make warranty claims. We agree, however, to assign to you any warranty rights we may have from the original manufacturer or third party supplier, to the extent the original manufacturer or third party supplier allows. 8. Intentionally Omitted 8. Indenr; ircationt 8.1. Our Indemnity. (A) Our General Indemnity. We will defend and indemnify you against third party claims for injury to persons, including death, or damage to tangible property occurring while our employees are on your premises performing instrument related services, to the extent the claims are caused by our employees' negligent acts or negligent omissions, except to the extent caused by your negligent acts or negligent omissions. (B) Our Infringement Indemnity We will defend and indemnify you against infringement damages finally awarded in any legal action brought by a third party against you to the extent that the action is based on a claim that our manufacture and sale of a product infringes any patent, copyright, trademark or other intellectual property right of such third party if we had actual knowledge of such intellectual property right and the actual infringement at the time of delivery of the product to you. This infringement indemnity does not apply to claims that arose based on (a) your failure to comply with the Agreement, (b) your failure to acquire any applicable Additional or resale of products, (e) modifications made by you or any third party; or (f) products originating fromthird parties. Additionally, our infringement related indemnity obligations will be extinguished if we, at our option and expense, either: (a) secure for you the right to continue using the product; (b) substitute the product with another suitable product with similar functionality; or (c) in the event (a) and (b) are not practical, refund to you the amortized amounts you paid for the infringing product, based on a 5 year amortization schedule. THIS INDEMNITY IS OUR ONLY LIABILITY TO YOU, AND YOUR ONLY REMEDY, FOR ANY INFRINGEMENT OR CLAIMED INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY OR INCONNECTION WITH ANY PRODUCT. Page 3 of 7 (C) Conditions to Our Indemnity. As a condition to any of our indemnification obligations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) allow us to solely control the defense or settlement of the claim; and (d) give us your reasonable information, co operation and assistance. 82 Your Indemnity. You will indemnify, defend with competent and experienced counsel and hold us, including our parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) suffered by any of the foregoing entities or individuals to the extent arising from or in connection with (a) your or your agents', employees', representatives' or contractors' negligence or willful misconduct; (b) use of a product we supplied to you in combination with equipment or software we did not supply you, where the product itself would environment for which it was not designed; (e) product modifications we did not make or approve in writing; and (0 your failure to acquire any applicable Additional Rights. 9. Software 9.1. Definitions. With respect to any software products incorporated in or forming a part of our products, you understand and agree that we are licensing such software products and not selling them, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "you" is understood and agreed to mean "licensee". We, or our licensor, as applicable, retain all rights and interest in software products we provide you. 92 License. We hereby grant to you a royalty -free, non-exclusive, nontransferable license, without power to sublicense, to use software we provide you under this Agreement solely for your own internal business purposes on the hardware products we provide you hereunder, and to use the related documentation solely for your own internal business purposes. This license terminates when your lawful possession of the hardware products provided hereunder ceases, unless earlier terminated as provided in this Agreement. 93. Restrictions. You agree to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. You may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without our prior written consent. We will be entitled to terminate this license if you fail to comply with anyterm or condition herein. 9.4 Return of Software and Documentation. You agree, upon termination of this license, immediately to return to us all software products and related documentation provided hereunder and all copies and portions thereof. 9.5. Third Party Software. The warranty and indemnification provisions set forth in this Agreement will not apply to third party owned software products we provide you. 10. Intellectual Property 101. Limitation of Rights. As between you and us, we exclusively own all intellectual property rights relating to our products and services. Unless we expressly state otherwise in Supplementary Terms, our selling products to you grants you only a limited, nontransferable right under our intellectual property: only you may use the products you have bought from us, and only for your internal research purposes. No right to transfer, distribute or resell our products or any of their components is conveyed expressly, by implication, or by estoppel. Unless expressly permitted by us in writing, you will not modify, change, remove, cover or otherwise obscure any of our or our affiliates' brands, trade or service marks on the products. Nothing in the Agreement limits our ability to enforce our intellectual property rights. 102. Commercial Applications; Additional Rights. Unless we expressly state otherwise in Supplementary Terms, we give no rights to use our products in any commercial application, including manufacturing, quality control, or commercial services such as reporting the results of your activities for a fee or other consideration. If you need commercial use rights to our products (including the right to perform fee -for services), please contact our out -licensing department at outlicensing@lifetech.com. Where your use of our product is outside the scope of the Agreement, it is solely your responsibility to acquire additional intellectual property rights related to such use ("Additional Rights"). 103. Intellectual Property Ownership. We exclusively own all intellectual property rights in any inventions (patentable or otherwise), discoveries, improvements, data, know-how, or other results that are conceived, developed, discovered, reduced to practice, or generated by or for us, or jointly by you and us, in relation to processes, methods, or related synthesis of a custom product, or otherwise in connection with designing or manufacturing a custom product. You agree to transfer and assign to us all your right, title, and interest in and to any joint intellectual property. And at our request and at our expense, you will help us secure and record our rights in the intellectual property. 11. Custom Products Page 4 of 7 11.1. Declining to Make or Deliver. If you ask us to manufacture a custom product (such as an oligonucleotide kit intended to detect a nucleic -acid sequence you specified, a primer/probe, or another product with non -off-the-shelf elements), we may decline to design or manufacture that product—at any stage of the process—if the product is unsuitable or commercially impractical to be synthesized in the way you specified. If so, we will notify you, and you will not be obligated to pay any fees for any expenses we incurred in connection with the declined product. If a custom component or material fails, we may delay or cancel a custom product's delivery without liability to us. 112. Your Responsibilities. By submitting an order for a custom product, you represent and agree that you: (A) have given us all information you know of regarding any biological, radiological, and chemical hazards associated with the handling, transport, exposure to, or other use of the materials you supply to us; and (B) have the right, including but not limited to any necessary intellectual property rights, to cause to be manufactured the sequences that you asked us to manufacture. 113. Custom Antibody Services. (A) Minimum titer. For custom -rabbit -antibody services we provide, the antibody will reach a minimum titer of 1:10,000 by our indirect ELISA assay if: (1) you designed and produced the peptides or proteins used for immunization; (2) the design criteria do not contain your mandated limitations, including but not limited to, cross-reactivity requirements and narrowed -protein -sequence region; and (3) the antibodies are generated in rabbits. (B) Minimum Titer not Reached. If the antibody does not reach the minimum titer and all the above criteria are met, we will either boost one animal at no charge or alter the carrier or antigen to boost 1 animal for up to 2 months free of charge. Once one animal reaches the minimum titer of 1:10,000, our obligation is met. If a 1:10,000 titer cannot reasonably be achieved, we will give you a 50% discount on one custom rabbit antibody to be ordered within 6 months from the original antibody order date. 11.4. Animal Disposition. After we complete any custom -antibody service protocol, you have 7 business days to evaluate the antibody quality and to instruct us on the requested animal disposition. If we do not receive your instructions within that time, we will place the animals on hold and charge you daily maintenance fees according to our then -current fee schedule. If we do not receive your instruction within 30 days, we will schedule the animals for termination. We will send you an invoice for accrued charges. You must pay those fees before we will provide additional products or services. 12. Instrument -Related Services and Installation 121. Providing Services. When you purchase an instrument, we may install it and provide training, maintenance, repairs, or any other services that you and we expressly agree on. We also offer annual and other instrument -service plans. For full details of our instrument -service plans, please contact Customer Services. 122. Service and Installation Restrictions. If we install or service an instrument at your premises, it is your responsibility to ensure that the workplace where the instrument is to be located or serviced is safe. It is also your responsibility to move the instrument (uncrated) to the installation location, and onto any tabletop where it will be installed, to avoid any additional handling. We do not install or service instruments in biosafety -level -3 laboratories, unless you and we agree otherwise in writing in advance. Under no circumstances do we install or service instruments in biosafety -level -4 laboratories. 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE AGREEMENT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR ANY PRODUCT OR SERVICE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE PURCHASED, OR (B) $1,000,000 USD. HOWEVER, THESE PROVISIONS DO NOT LIMIT OUR LIABILITY THAT CANNOT BE LIMITED BYLAW. 14. Export Restrictions Page 5 of 7 141. Items. You acknowledge that each product and any related software and technology, including technical information we supply you, including those contained in product documents (collectively "Items"), is subject to U.S. government export controls. 142. Export Controls. The export controls may include, among others, those of the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. 143. Compliance Requirements. You must comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. You must not, directly or indirectly, without first obtaining the required license to do so from the appropriate U.S. government agency, export re-export, distribute or supply any Item to (a) any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government, or (b) any person or entity who is involved in improper development or use of nuclear weapons or of chemicals/biological weapons, or missiles, or in terrorist activities.. You will, if we request, provide information on the end user and end use of any Item you export or plan to export. 144. Audit Cooperation. You will cooperate fully with us in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and will indemnify and hold us harmless from, or in connection with, your or your consultants', agents' or employees' violation of this Section 11. 15. Medicare/Medicaid Reporting Requirements: If you are a recipient of Medicare/Medicaid funds, you acknowledge and agree that: (A) you have been informed of and agree to fully and accurately account for, and report on your applicable cost report, the total value of any discount, rebate or other compensation paid hereunder in a way that complies with all applicable federal, state and local laws and regulations which establish "Safe Harbor" for discounts. (B) you will make written a request to us in the event that you require additional information from us in order to meet your reporting requirements. (C) your agreement to comply with such reporting requirement was a condition precedent to our agreement to provide products and that we would not have entered into this Agreement had you not agreed. 16. Miscellaneous 161. No Assignment. You may not delegate any duties nor assign any rights or claims hereunder without our prior written consent, and any such attempted delegation or assignment will be void. 162. Governing Law. The Agreement and performance under it will be governed by Delaware Texas law, without reference to its choice of law provisions. In the event of any legal proceeding between you and us relating to this Agreement, neither party may claim the right to a trial by jury. Any action arising under this Agreement must be brought within 1 year from the date that the cause of action arose. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. 163. Regulatory Restrictions. Unless otherwise expressly stated on the product or in the documentation accompanying our products, our products are intended for research only and are not to be used for any other purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. You must use our products in accordance with our instructions. You are solely responsible for making sure that the way you use our products complies with applicable laws, regulations and governmental policies. You must obtain all necessary approvals and permissions you may need. It is solely your responsibility to make sure the products are suitable for your particular use. 164. Uncontrollable Circumstances. We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. In certain situations, we may use our reasonable judgment and apportion products then available for delivery fairly among our customers. 165. No Waiver; Invalidity. Our failure to exercise any rights under the Agreement is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement. No person other than you or us will have any rights under the Agreement. 166. Headings. Headings are for convenience only and shall not be used in the interpretation of these Terms. 167. Confidentiality. You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation) or instructions (including any gene sequences, oligo types or sequences) received from us as a result of discussions, negotiations and other communications between us in relation to our products or services, unless such information must be released pursuant to government order, state law, or subpoena; provided, however, that in such an instance, you will give us sufficient prior Page 6 of 7 notice to challenge or limit such disclosure, and further, you will limit any such disclosure to only information that is expressly required to be disclosed. 168. Notices. Any notice or communication required or permitted under these Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by certified mail, postage prepaid, to a party's specified address. 16.9. Requirement to Reduce to Writing. No waiver, consent, modification, amendment or changes to the terms of this Agreement will be binding unless in writing and signed by both of us. Our failure to object to terms contained in any subsequent communication from you will not be a waiver or modification of our Agreement. Updated August 3, 2016 Revised May 2, 2017 for City of Corpus Christi Revised May 23, 2017 for City of Corpus Christi Page 7 of 7 FORM 101'1 arnpi ie Nos. 1- A end 6 it there err nlragged strum Carrpkia Nen. 1. 2, 3, k end 6 it there are Iao interested parties OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number 2017-207380 Date Fill: 0Sn-512017 Date Acknowledged! 1 Nasse of bustoms entity ung !orris, and the city. sate and (ate of the business entity's place of business. Fisher SScicntlIc Company LLC Ptrurgh, PA Ltnrced States N+gnrc vi governmental awry or state agency titans a party to the contract for whxh this lormTo being flied. City of Corpus Clic s provide the fdenti?Icadion number used by tiro goventmentel entity or tram agency to truer or Identity tie OliritMet, and provide a description of the aerviaes, goods, or other property m be provided under the contract. qty 51190397 Quantstudso DX read Omer PCR instrument volh Cr Arm Lost block Nemo of interegod Party City, SWp, Country iptaeq crt busireosal ?Wpm odinlerast (dwek app[Icabbo1 Cantroffing Interroadiesy 6 Cheek only it there is NO lotarested Party. o x 6 AFF1DAvff t sweaar 'Ir arm. ai germy, that the above ds neure a true rind =rect. �rNORMA L - : tris R 'r iti► , } PURLC ! _ 1 1/4 grrir imer.t. wi i • mgfreM twilit uu Si a of od a;crx of ung mss entty AF D. NOTARY STAIrIP , SEJU. &Q Sworn Eind subscribed t7e:Orl' 1710. aj► ffis•. Sa3=1 i ist. 4 Pit° r1nc wFC �� tt:1)i evelf 20 f to cerdry ret +, wane= my hand m otflco. A- } a tx i ret-pTar , rl 0/4740, of oic r �in9 can . lure- of officer ftititrx ig aadl name et aka err enistesvig oath 74ee AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations Department LawM(c�cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Dumpster Collection Services CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Mark Dunning Industries, Inc., of Dothan, Alabama for dumpster collection services, in accordance with Request for Bid No. 1013, based on the lowest, responsive, responsible bid for a total amount not to exceed $110,454.59, with an estimated expenditure of $42,581.31 in FY 2016-2017. The term of this contract will be for one year with options to extend for two additional one-year periods at the sole discretion of the City. PURPOSE: This service agreement will provide Dumpster Collection Services for multiple City departments. BACKGROUND AND FINDINGS: Dumpster collection services will be provided to 41 City owned sites located throughout the city. This is a containerized collection service that requires special equipment that would be cost prohibited for the City to own. Services will be provided on a pre -determined schedule to meet the needs of the various departments requiring this service and non- scheduled collections for special events or emergencies on an as -needed basis. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City issued 43 notification, and received four bids that were deemed responsive and responsible. The bids were evaluated based on lowest price and is recommending the award to the lowest, responsive, responsible bidder, Mark Dunning Industries, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,679,777.60 $67,873.28 $1,747,650.88 Encumbered / Expended Amount $1,212,411.65 $0.00 $1,212,411.65 This item $42,581.31 $67,873.28 $110,454.59 BALANCE $424,784.64 $0.00 $424,784.64 Fund(s): General Fund Comments: The initial contract term is a total amount not to exceed $110,454.59, with an estimated expenditure of $42,581.31 is funded in FY2016-2017. The remaining balance of $67,873.28 will be requested in future year's budget. The total contract value will be $331,363.77 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Roberta Ortiz Mark Dunning Industries, Inc BID TABULATION BID EVENT NO. 195 DUMPSTER COLLECTION SERVICE C C Disposal Republic Service Killian Calderon Disposal ITEM DESCRIPTION Qty of UNIT PRICE TOTAL PRICE MONTHS ANNUAL UNIT COST PRICE TOTAL PRICE MONTHS ANNUAL COST UNIT PRICE TOTAL PRICE MONTHS ANNUAL COST UNIT PRICE TOTAL PRICE MONTHS ANNUAL COST Dumpster 2 Cubic Yard Containers 1 Twice per week 2 Cubic Yard Lockable Containers 5 $60 79 $303 95 12 $3647 40 $66 36 $331 80 12 $3,981 60 $67 57 $337 80 12 $4,053 60 $90 76 $453 80 12 $5,44560 2 I Once per week 4 Cubic Yard Containers 1 $3540 $3540 12 $42480 $33.18 $33.18 12 $398.16 $33 78 $3378 12 $40536 $5788 $5788 12 $69456 3 Quarterly 1 $3000 $3000 12 $36000 $1595 $1595 12 $191 40 $3378 $3378 12 $40536 $4364 $4364 12 $52368 4 Once every two weeks 1 $4500 $4500 12 $54000 $33.18 $33.18 12 $398.16 $3378 $3378 12 $40536 $5788 $5788 12 $69456 5 Once per week 6 $60 79 $364_74 12 $4,376.88 $66.36 $398.16 12 $4,77702 $67.56 $40536 12 $4,864.32 $85 76 $514 56 12 $6,17472 6 Twice per k 4 Cubic Yard Lockable Containers 5 $12158 $60790 12 $7,29480 $13272 $66360 12 $7,96320 $135.11 $67555 12 $8,10660 $150 00 $05000 12 $9,00000 7 Five times per week 2 $308 97 $617 94 5 $3,089 70 $331 81 $663 62 5 $3,318.10 $33775 $675 50 5 $3,37750 $298 91 $597 82 5 $2,989 10 8 Su times per week 8 Cubic Yard Containers 2 $369 76 $739 52 7 $5,17664 $398.17 $796 34 7 $5,574 38 $405 29 $810_58 7 $5,674.06 $344 67 $689 34 7 $4025 38 9 Once per week 5 $91.19 $45595 12 $5,471 40 $9954 $49770 12 $5,97240 $10333 $51665 12 $6,19980 $109.14 $54570 12 $6,54840 10 Twice per week 4 $18238 $72952 12 $8,75424 $19908 $79632 12 $9,55584 $20264 $81056 12 $9,72672 $20028 $801 12 12 $961344 11 Three times per week 1 $27356 $27356 12 $3,28272 $29863 $29863 12 $3,58356 $30397 $30397 12 $364764 $25093 $25093 12 $3,011.16 12 Five times per week 6 Cubic Yard Lockable Containers 2 $45595 $91190 12 $1094280 $49771 $99542 12 $1194504 $50662 $101324 12 $12,15888 $45571 $91142 12 $1093704 13 Once per week 1 $96.18 $96.19 12 $1,15428 $9954 $9954 12 $1.19448 $10333 $10333 12 $1239.96 $119.14 $119.14 12 $142968 14 Five times per week 1 $46005 $460 95 5 $2,304 75 $497_71 $49771 5 $2,488 55 $506 62 $506 62 5 $2,533 10 $46571 $46571 5 $2,32055 15 So times per week 8 Cubic Yard Containers 1 $547 14 $547.14 7 $3,82998 $59725 $59725 7 $4.18075 $60794 $60794 7 $425558 $491 85 $491 85 7 $3,44295 16 Once per week 3 $121 58 $36474 12 $437688 $13272 $398.16 12 $470792 $135.11 $40533 12 $486396 $13952 $41856 12 $5,02272 17 Twice per week 2 $243.17 $48634 12 $5,83608 $265 44 53088 12 $6,37056 $27020 $54040 12 $6,484.80 $24304 $48608 12 $5,83296 18 Three times per week 1 $36476 $36476 12 $4377.12 $398.17 398.17 12 $4,77804 $40529 $40529 12 $486348 $34207 $342 07 12 $4,10484 19 So times per week 1 $729.51 $729.51 12 $8,754.12 03,994.59 $79633 $79633 12 $9,55596 $81059 $81059 12 $9,72708 $729.13 $729.13 12 $8,74956 Subtotal $91,006.02 02,993.16 $91,368.90 Non -Scheduled Services 002 of UNIT ANNUAL UNIT ANNUAL UNIT ANNUAL UNIT ANNUAL ITEM DESCRIPTION Collection PRICE TOTAL COST PRICE TOTAL COST PRICE TOTAL COST PRICE TOTAL COST 20 Nonscheduled collection Serivice per container 2 Cubic Yard Lockable Containers 4 $5000 $20000 $20000 $33.18 $13272 $132 72 $75 00 $300.00 $30000 $1568 $6272 $6272 21 1 Nonscheduled collection Se6vice per container 4 Cubic Yard Containers 4 $50 00 $200 00 $200 00 $33.18 $13272 $13272 $75 00 $300 00 $300 00 $15 68 $6272 $6272 22 1 Nonscheduled collection Se6vice per container 4 Cubic Yard Lockable Containers 8 $65 00 $520 00 $520 00 $66 36 $530 88 $530 56 $75 00 $600 00 $600.00 $19 80 $158 40 $158 40 23 1 Nonscheduled collection Serivice per container 6 Cubic Yard Containers 3 $65 00 $195 00 $195 00 $66 36 0199.08 $199 08 $75.00 $225 00 $225.00 $19 80 $59 40 $59 40 24 1 Non -Scheduled collection Se6vice per container 6 Cubic Lockable Containers 4 $75 00 $300 00 $300 00 $66.36 $265.44 $265 44 $75.00 $300.00 $300 00 $23.10 $92 40 $92 40 25 Nonscheduled collection Se6vice per container 8 Cubic Yard Containers 3 $75 00 $225 00 $225 00 $66 36 $199 08 $199 08 $75 00 $225 00 $225.00 $23.10 $69 30 $69 30 26 Nonscheduled collection Se6vice per container 4 $85 00 $340 00 $340 00 $99 54 $398.16 $398.16 $75.00 $300.00 $300.00 $25 00 $100 00 $100 00 27weeks) 30 Cubic Yard Compactors (Once every two include delivery, installation, and Immo 1 0131500 $131500 12 01578000 $1,18500 01,18500 12 $1422000 $53550 $107100 12 $12,85200 $55000 01,10000 12 $1320000 28 1 072500 $72500 12 08,70000 081000 081000 12 $9,72000 025050 $57100 12 06,85200 $28000 $56000 12 06,72000 SUBTOTAL TOTAL $26,460.00 $110,454.59 $25,797.76 $116,803.78 $21,954.00 $114,947.16 $20,524.94 $111,893.84 SERVICE AGREEMENT NO. 1013 Dumpster Collection Services THIS Dumpster Collection Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Mark Dunning Industries, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Dumpster Collection Services in response to Request for Bid/Proposal No. 1013 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Dumpster Collection Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for twelve months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional twelve-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $110,454.59, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Lawrence Mikolajczyk Department: Solid Waste Phone: 361-826-1972 Email: lawm@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lawrence Mikolajczyk Title: Director of Solid Waste Operations Address: 2525 Hygeia, Corpus Christi, TX 78415 Fax: 361-826-4575 IF TO CONTRACTOR: Mark Dunning Industries, Inc. Attn: Brad Dunning Title: VP/COO Address: 100 Racetrack Rd., Dothan, AL 36302 Fax: 334-983-1627 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature:. ?:5,r'.\\*Ar6-: !..1414"24"j4 Printed Name j\k,r<<��:� Title: r{ s , c (N.\ - Date: \r) -- CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1013 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 Attachment A: Scope of Work 1. General Requirements The Contractor shall provide dumpster route collection services including all labor, materials, tools, and necessary equipment to perform the following service as outlined in this scope of work. The Contractor must be a permitted Solid Waste Hauler and shall comply with all specifications and requirements associated with the City of Corpus Christi Municipal Solid Waste System Service Charge (MSWSSC). 2. Scope of work A. The Contractor will have the responsibility to collect, haul, and dispose of all City waste. B. The Contractor will make the collections in properly identified trucks. C. The Contractor shall dispose of all City waste collected under this contract at: Cefe Valenzuela Landfill 2397 County Road 20, Robstown, TX 78380 D. The Contractor shall remain current with all invoices owed to the City for disposal at the Cefe Valenzuela Landfill. The Contractor will be required to maintain a current account with the City for use of the Cefe Valenzuela Landfill. Payments in arrears with the City for use of the Cefe Valenzuela Landfill are grounds for termination. E. In some circumstances, a non-scheduled collection may be required. When this situation occurs the Contract Administrator will contact the Contractor, and the Contractor then has 24 hours to collect the waste. F. Individual invoices are to be distributed to each appropriate City Department. G. The Contractor will provide the City with the required containers (See Exhibit A). 3. Work Site and Conditions A. The work shall be performed at 41 primary locations throughout the City (See Exhibit A) B. The containers must be kept free of graffiti, damages due to delivery errors, and soiled food products. Ail containers delivered must be clean and free of odors with leak proof lids in functioning condition. C. Any containers rejected by the City must be corrected or replaced by a suitable container within 48 hours, at no charge to the City, or a replacement will be bought RFB Template 10.10.16 on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 4. City Contract Administrators The Contract Administrator listed for the specific City departments will arrange deliveries, pick-ups and service dates (See Exhibit A). The Contract Administrator shall be the single point of contact for the Contractor for all matters including non-scheduled deliveries and pick-ups and shall keep all records pertaining to this contract. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. For Contract Administrator contact information see Exhibit A. 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrators to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6. Special Instructions The Contractor must supply the City of Corpus Christi International Airport (See Exhibit A No. 22) with a 30 cubic yard state-of-the-art roll -off self-contained trash compactor, featuring oversized feed openings and expanded container storage capacity. The trash compactor must be designed to store and transport waste and prevent contamination. The Contractor must include delivery, installation, training and service of equipment. Contractor will have 24 hours to respond to calls for servicing the compactor. RFB Template 10.10.16 mus cP ,. '�'`.,. r _ a. � Attachment B: Bid/Pricing Schedule d CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1023 1852 Dumpster Collection Services Date: 3/7/!1 Authorized / Bidder: Mark Dunning Industries, Inc. Signature: 4. 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Scheduled Services ITEM DESCRIPTION QTY. of Dumpsters UNIT PRICE TOTAL MONTHS ANNUAL COST 2 Cubic Yard Containers 1 Twice per week 5 $ 60.79 $ 303.95 12 $ 3647.40 2 Cubic Yard Lockable Containers 2 Once per week 1 $ 35.40 $ 35.40 12 $ 424.80 4 Cubic Yard Containers 3 Quarterly 1 $ 30.00 $ 30.00 12 $ 360.00 4 Once every two weeks 1 $ 45.00 $ 45.00 12 $ 540.00 5 Once per week 6 $ 60.79 $ 364.74 12 $ 4376.88 6 Twice per week 5 $ 121.58 $607.90 12 $ 7294.80 4 Cubic Yard Lockable Containers 7 Five times per week 2 $ 308.97 $ 617,94 5 $ 3089.70 8 Six times per week 2 $ 369,76 $ 739.52 7 $ 5176.64 ITEM DESCRIPTION QTY. of Dumpsters UNIT PRICE TOTAL MONTHS ANNUAL COST 6 Cubic Yard Containers 9 Once per week 5 $ 91.19 $ 455.95 12 $ 5471.40 10 Twice per week 4 $ 182.38 $ 729.52 12 $ 8754.24 11 Three times per week 1 $ 273.56 $ 273.56 12 $ 3282.72 12 Five times per week 2 $ 455.95 $ 911.90 12 $ 10,942.80 6 Cubic Yard Lockable Containers 13 Once per week 1 $ 96.19 $ 96.19 12 $ 1154.28 14 Five times per week 1 $ 460.95 $460.95 5 $ 2304.75 15 Six times per week 1 $ 547.14 $ 547.14 7 $ 3829.98 8 Cubic Yard Containers 16 Once per week 3 $ 121.58 $ 364.74 12 $ 4376.88 17 Twice per week 2 $ 243.17 $ 486.34 12 $ 5836.08 18 Three times per week 1 $ 364.76 $ 364.76 12 $ 4377.12 19 Six times per week 1 $ 729.51 $ 729.51 12 $ 8754.12 Non -Scheduled Services ITEM DESCRIPTION QTY. of collections UNIT PRICE TOTAL ANNUAL COST 2 Cubic Yard Containers - 20 Non-scheduled collection Service per container 4 $ 50.00 $ 200.00 $ 200.00 2 Cubic Yard Lockable Containers 21 Non-scheduled collection Service per container 4 $ 50.00 $ 200.00 $ 200.00 4 Cubic Yard Containers 22 Non-scheduled collection Service per container 8 $ 65.00 $ 520.00 $ 520.00 4 Cubic Yard Lockable Containers 23 Non-scheduled collection Service per container 3 $00 65$ $195.00 195.00 6 Cubic Yard Containers 24 Non-scheduled collection Service per container$ 4 $ 75.00 $ 300.00 300.00 ITEM DESCRIPTION QTY. of UNIT collections PRICE 6 Cubic Yard Lockable Containers 5 Non-scheduled collection 3 Service per container 8 Cubic Yard Containers TOTAL ANNUAL COST $ 225.00 Non-scheduled collection Service + er container $ 340.00 TOTAL 30 Cubic Yard Compactors (Once every two weeks) include delivery, installation, and training. ANNUAL COST 20 Cubic Yard Roll -off Containers (Once every two weeks) $ 1315.00 12 $ 15,780.00 $ 725.00 12 TOTAL $ 8,700.00 $110,454.59 Exhibit Attachment C: Insurance/Bond Requirement INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing - Solid Waste — Cefe Landfill Dumpster Service 03/24/2017 sw Risk Management Attachment C: Bond Requirements No bond requirement needed for the service agreement. Attachment D: Warranty Requirements No warranty requirement is needed for the service agreement. Forms provided by Texas Ethics CommissNicpmmissioir fith.cs.state.tx.us November 20 2019 Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-182448 Date Filed: 03/24/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mark Dunning Industries Dothan, AL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1013 Solid Waste Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest. (check applicable) Controlling Intermediary I 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. s ig ature of authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE �\ Sworn to and subscribed before me, by the said. Q -1 3�..TTNA1`.CS, , this the IN'IN' day of AW-. , 20 \I-1 , to certify which, witness my hand and seal of office. ‘,I„. Signature of o • icer at ministering oath Printed name of officer administering oath Marilynn Silavelnt Title of officer administering oath Forms provided by Texas Ethics CommissNicpmmissioir fith.cs.state.tx.us November 20 2019 Version V1.0.883 Bid Event No. 193 Dumpster Collection Service Funds Certification FUND NAME ACCOUNTING UNIT ACCOUNT NO. ACTIVITY NO. AMOUNT General Fund 1020-13115-141 520130 $1,883.76 General Fund 1020-12921-142 530160 $303.95 General Fund 1020-12600-101 530000 $303.95 Nueces County General Fund 9100-715 530000 793099C $303.95 General Fund 1020-13031-142 530160 $303.95 General Fund 1020-13032-142 530160 $607.90 General Fund 1020-13033-142 530160 $303.95 General Fund 1020-13034-142 530160 $607.90 General Fund 1020-13035-142 530160 $607.90 General Fund 1020-13036-142 530160 $303.95 General Fund 1020-13037-142 530160 $303.50 General Fund 1020-13038-142 530160 $303.50 Fleet Maint Svc 5110-40170-202 530160 $911.90 General Fund 1020-11870-151 530000 $5,669.35 Water Fund 4010-30005-041 530210 $1,215.85 Gas Fund 4130-34000-022 530160 $1,823.80 Vistor Facility 4710-13710-141 530160 $303.95 Fclty & Prop Mg 5115-40300-191 530210 $303.95 Fclty & Prop Mg 5115-40305-191 530210 $911.90 Fclty & Prop Mg 5115-40310-191 530210 $4,559.50 Marina 4700-35300-122 530160 $11,827.65 Water Fund 4010-31010-062 530160 $4,536.90 General Fund 1020-12800-111 530000 $607.90 Store Fund 5010-40000-185 530160 $303.95 General Fund 1020-12680-083 530000 $303.95 Street Fund 1041-12320-053 530160 $225.00 Street Fund 1041-12430-051 530160 $607.90 Elderly Nutrition Program 1067-00000-142 530000 810817F $1,367.80 Airport 4610-35020-271 530160 $961.90 Total $42,581.31 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 30, 2017 Second Reading for the City Council Meeting of June 13, 2017 DATE: May 5, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning and ESI DanielMc@cctexas.com (361) 826-7011 Ordinance Amending the Unified Development Code. Adding a Non -Voting Ex -Officio Navy Representative to the Planning Commission CAPTION: Ordinance amending the Unified Development Code by adding a non-voting ex- officio xofficio Navy representative to the Planning Commission; providing for severance; providing for penalty; providing for publication; and effective date. PURPOSE: The NAS Corpus Christi Joint Land Use Study, adopted by City Council in 2013 as an element of the City's Comprehensive Plan, included a high priority recommendation to add a non-voting ex -officio Navy Representative to the Planning Commission. BACKGROUND AND FINDINGS: The Naval Air Station (NAS) Corpus Christi Joint Land Use Study recommended the addition of the Navy representative to the Planning Commission since the Planning Commission makes recommendations on zoning and final decisions on subdivisions that could greatly impact compatibility of development near Navy facilities. Having a representative on the Planning Commission will help ensure that there are clear and on- going communications with the City and the Navy concerning development decisions. While the City Charter, Chapter 5. Planning states that the Planning Commission shall have nine members, the Charter does not address or specifically forbid the establishment of non- voting ex -officio members. ALTERNATIVES: Not approve the proposed ordinance adding a non-voting Navy representative to the Planning Commission. OTHER CONSIDERATIONS: Compatible land use next to military facilities has become a key factor in evaluating military bases for expansion or closure in recent years. Establishment of a standing representative of the Navy on the Planning Commission will strengthen the City's commitment to compatible land use on property near the three Navy airports in Corpus Christi and Corpus Christi International Airport. The establishment of a Navy representative on the Planning Commission will help to institutionalize a permanent and direct line of communication between the Navy and decision makers on land development in the City. CONFORMITY TO CITY POLICY: The proposed ordinance conforms to adopted City policy in the NAS Corpus Christi Joint Land Use Study under the High Priority, Recommended Communications Strategy COM - 1 B: Develop a process to include an ex -officio representative of NASCC to participate on the city's Planning Commission. This process should allow for military review and comment on development applications and permits for locations within the MCA Overlay Subzones to assure the city is aware of any impacts that the development may have on military training and operations. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Planning and ESI, Legal, Development Services, Intergovernmental Affairs Planning Commission — recommended approval on May 3, 2017 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None. RECOMMENDATION: Approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation ORDINANCE amending the Unified Development Code by adding a non-voting ex -officio Navy representative to the Planning Commission; providing for severance; providing for penalty; providing for publication; and effective date. WHEREAS, on September 23, 2013, the City Council adopted the Naval Air Station Corpus Christi ("NASCC") Joint Land Use Study ("JLUS") as an element of the City's Comprehensive Plan. WHEREAS, the JLUS recommends as a high priority Communications Strategy COM -1 B to Develop a process to include an ex -officio representative of NASCC to participate on the city's Planning Commission. WHEREAS, the Planning Commission has recommended the City Council approve this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 3, 2017, during a meeting of the Planning Commission, and on Tuesday, May 30th, 2017, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the 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. Article 2, Section 2.3, subsection 2.3.2 entitled "Establishment, Membership and Procedure" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 2.3.2. Establishment, Membership and Procedure A. Information regarding the establishment, membership, and rules of procedure of the Planning Commission is available in the City Charter and the Municipal Code. B. Each member of the Planning Commission shall be required to undergo training provided by the City prior to serving on the Commission or at the beginning of service on the Commission. In addition, the entire Commission shall undergo training every two years. C. All recommendations by the Planning Commission shall require an affirmative vote by a majority of the members present and voting, except as otherwise required in this Unified Development Code or by Texas law. D. Recognizing the importance of Naval Air Station Corpus Christi to the community and the region, and to ensure that actions taken by the Planning Commission and recommendations provided to City Council by the Planning Commission contain input from the U.S. Navy, where appropriate, a non-voting ex -officio representative of the U.S. Navy is added to the Planning Commission. SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 4. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 5. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Non -Voting Ex -Officio Navy Representative to the Planning Commission City Council Presentation May 30, 2017 Purpose Implement NAS Corpus Christi Joint Land Use Study (JLUS) • JLUS = collaborative planning effort led by the City of Corpus Christi, in partnership with NASCC and Nueces County. • JLUS = effort to guide planning and development in the areas surrounding NASCC's Truax Field, Cabaniss Field, Waldron Field, and Corpus Christi International Airport (CCIA). • The overarching purpose of the JLUS planning process is to identify compatible land uses and growth management guidelines within, and proximate to, active military Installations. *On September 23, 2013, the City Council adopted the NAS Corpus Christi Joint Land Use Study (JLUS) as an element of the City's Comprehensive Plan. JLUS Strategy i ir 16 a 4g A c5 JLU amig Y 1 - a. 1 p� gI fv "-- 8ig 1 yg �yj �j 1 O§ O F R i i g 3 Z �3 1 i COMMUNICATIONS COM -1 Issue: Effective regional planning would benefit tom formalized in er-agency communication and coordination agreements that are inclusive of all relevant stakeholders and agencies, including the military. COM -1A Comm MCA Establish a JLUS Coordinating Committee for the purposes of implementing the JLUS. The City should organize a committee of all relevant stakeholder; who will be invcived in the recemmendaions. • • ❑ ❑ ❑ 0 0 D ❑ Q i 1B Comm MCA develop a process to include an ex -officio representative of NASCC to participate on the city's Planning Commission. This process should allow for military review and comment on development applications and permits for locations within the MCA Overlay Suluones to assure the city is aware of any impacts that the development may have on nulirary training and operations. • ■ ❑ MCA= Military Compatibility Area, used when a strategy applies to all four airfields Timeline = :1 to 2 years Recommendation Staff recommends approval of proposed ordinance adding a non-voting ex -officio Navy Representative to the Planning Commission. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: TO: May 30, 2017 Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl(c�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Purchase of Wavetronix Radar Detection Systems for Traffic Signal Systems CAPTION: Motion authorizing City Manager, or designee, to execute a purchase from Twincrest Technologies, of Fort Worth, Texas for six Wavetronix radar detection systems in accordance with the cooperative purchasing agreement with the Houston -Galveston Area Council for a total amount of $99,400.00 and funded by the Redlight Photo Fund. This item is a one-time purchase. PURPOSE: This equipment is used in signalized traffic intersections for vehicle detection. BACKGROUND AND FINDINGS: Radar detection systems are the new standard for traffic signal vehicle detection. These radar detection systems will be replacing the video detection systems currently in the field that are no longer working or serviceable. Many of these older units require maintenance every two weeks to clean the camera lenses. The new radar detection system will improve traffic flow and vehicle detection. They are more reliable, have better technology and are not affected by weather events unlike the existing video detection systems. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Redlight Photo Fund FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $99,400.00 0 $99,400.00 Encumbered / Expended Amount 0 0 This item $99,400.00 0 $99,400.00 BALANCE 0 0 0 Fund(s): Redlight Photo Fund Comments: The initial cost is $99,400.00 is funded in FY2016-17 by the Police Department. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Lydia Juarez ITEM 1. 2. 3. 4. DESCRIPTION WX-SS-225-4AC-650, 4 Approach Matrix System AC Power Pkg w/Click 650 SDLC Interface Module WX-SS-704-020, Sensor Pigtail with Molded Connector -20' WX-SS-705 Matrix/Advance Cable Wavetronix Programming Kit PRICE SHEET PURCHASE OF SIX WAVETRONIX DETECTION SYSTEMS HGAC BUY CONTRACT: PE05-15 QTY. UNIT 5 ea 20 ea 8000 ea 1 ea Twincrest Techno ogies Fort Worth, Texas UNIT PRICE $16,180.00 $140.00 $1.65 $2500.00 EXTENDED PRICE $80,900.00 $2,800.00 $13,200.00 $2500.00 TOTAL $99,400.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: April 26, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv©cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG©cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director, Engineering Services JeffreyE©cctexas.com (361) 826-3851 Master Service Agreement For Evaluation, Prioritization and Design of Major Ditch Improvements CAPTION: Motion authorizing the City Manager, or designee, to execute a Master Service Agreement (MSA) with Lockwood, Andrews and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of $500,000 for evaluation, prioritization and design of Major Ditch Improvements. (Capital Improvement Project) PURPOSE: The purpose of this Agenda Item is to authorize an MSA for Major Ditch Improvements with the selected firm. CIP DESCRIPTION: The City has approximately 100 miles of major ditches. As part of a programmatic approach to implement lifecycle improvements, this project will identify and prioritize ditch improvements to include re -grading, slope recontouring and stabilization, pilot channels and concrete lining upgrades, and other best management practices. These improvements will address critical upgrades to improve drainage on public and private property, improve public safety, improve water quality, and reduce long term maintenance costs. This is a yearly program that will provide improvements to major ditches located throughout the City to the extent that funding allows. BACKGROUND AND FINDINGS This program is funded in the approved CIP under "Major Ditch Improvements". The program addresses required maintenance and improvements to the City's Major Ditch systems. This contract is a Master Service Agreement (MSA) to provide the required professional engineering services on an as -needed basis in support of Major Ditch Improvements. The anticipated tasking could include evaluation of existing conditions, diagnosis of problems, hydraulic modeling, evaluation of potential solutions, prioritization of corrective measures, and development of construction procurement packages to mitigate flood problems and address erosion and other maintenance issues. The MSA contract specifies the terms and conditions that will govern future Delivery Orders (DO's). DO's are individually negotiated for discrete scopes of work and are administratively approvable. The total value for all DO's will not exceed the MSA contract value. The term of the contract is for a base year with up to two staff approvable option years. This contracting format allows the Engineering Department to provide a more rapid and efficient response to the professional service needs of the Operating Department. ALTERNATIVES: 1. Authorize execution of a master service agreement. (Recommended) 2. Do not authorize execution of a master service agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This master service agreement and selection process comply with the Professional Procurement Act and City Policy. LAN was selected by RFQ 2016-01. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures (CIP only) Current Year Future Years TOTALS Budget $1,385,840 $1,500,000 $2,885,840 Encumbered / Expended Amount 45,660 0 45,660 This item 500,000 0 500,000 Future Anticipated Expenditures This 145,275 0 145,275 Project BALANCE $694,905 $1,500,000 $2,194,905 Fund(s): Storm Water CIP #02 Comments: NA RECOMMENDATION: City staff recommends the master service agreement with Lockwood, Andrew and Newnam, Inc. in the amount of $500,000 for the Major Ditch Improvements project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Master Service Agreement Presentation PROJECT BUDGET ESTIMATE MSA for Major Ditch Improvements PROJECT FUNDS AVAILABLE: Current Year Storm Water CIP $ 1,385,840 Proposed FY '18 Storm Water CIP 1,500,000 TOTAL FUNDS AVAILABLE $ 2,885,840 PROJECT FUNDS REQUIRED: Construction Fees: Construction (Estimate) TBD Contingency (10%) TBD Construction Inspection and Testing Fees. TBD Construction Inspection (estimate) TBD Construction Phase - Materials Testing Services (estimate) TBD Design, Right of Way Acquisition and Plan Review. 545,660 Preliminary Engineering Design (LAN) 45,660 Master Service Agreement (LAN) THIS ITEM 500,000 Reimbursement Fees and Miscellaneous. 145,275 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 57,700 Engineering Services (Project Mgt/Constr Mgt) 86,575 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 690,935 * ESTIMATED PROJECT BUDGET BALANCE $ 2,194,905 * Balance will be used for future construction TBD Odem 11� Sinton Rancho Chico Morgan Del Sol -Loma Farm Area Linda 813 Tart Petronifa Tierra Grande Doyle Portland Tradewinds 4 4r1 *oh Falman-County Acres 18p City-By- Aransas Pass 161 CITY-WIDE PROJECT Chapman Ranch 00, Ingleside Ingleside on the Bay 0 • LOCATION MAP NOT TO SCALE Project Number: E16255 Major Ditch Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES For the E12191 IDIQ Maior Ditch Improvements This Agreement is between 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 and Lockwood, Andrews and Newnam, Inc. (LAN), a Texas Corporation, 500 N. Shoreline Blvd., Suite 500, Corpus Christi, Texas 78401(Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 4 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 4/7 KENGINEERING DATAEXCHANGE ANGIEMISTORM WATERE12191 IDIQ MAJOR DITCH IMPROV EMENTSIMSA12617 0407 MASTER SERVICES AGREEMENT DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. At review milestones, the Consultant and City will review the progress to ensure that City Codes and Standards are followed. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant (in dollars). Changes in Consultant's proposed team as specified in the Scope of Services, SOQ, or other Task Order document must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $500.000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. Page 2 Rev. 4/7 K:IENGINEERING DATAEXCHANGEVWGIEM'.STORM WATERIE12191 1010 MAJOR DITCH IMPROVEMENTSIMSAl2017 0407 MASTER SERVICES AGREEMENT DOC 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant, does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Page 3 Rev. 417 KIENG NEERING DATAEXCHANGEWNGIEMISTORM WATERIE12191 1010 MAJOR DITCH IMPROVEMENTS.MSA12017 0407 MASTER SERVICES AGREEMENT DOC DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $500,000.00 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant, does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Page 3 Rev. 417 KIENG NEERING DATAEXCHANGEWNGIEMISTORM WATERIE12191 1010 MAJOR DITCH IMPROVEMENTS.MSA12017 0407 MASTER SERVICES AGREEMENT DOC ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City Codes and Standards in effect at the time of the execution of the Task Order may be rejected. If final construction documents are found not to be in compliance with this Agreement or the Task Order, Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, or employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 4 Rev. 4R K ENGINEERING DATAEXCHANGE ANGIEMISTORM WATER1E12191 10 0 MAJOR DITCH IMPROVEMENTSIMSA12017 0407 MASTER SERVICES AGREEMENT DOC ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date) 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City_ 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 5 Rev. 4/7 KIENGINEERING DATAEXCHANGEIANGIEMISTORM WATER5E12191 IDID MAJOR DITCH IMPROVEMENTSIMSA12017 0407 MASTER SERVICES AGREEMENT DOC 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. Page 6 Rev. 4/7 KAENG1NEERING DATAEXCHANGEVWGIEMMTORM WATERE12191 1010 MAJOR DITCH IMPROVEMENTSAM5A12017 0407 MASTER SERVICES AGREEMENT DOC 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.4 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (1) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Altemative Dispute Resolution. Page 7 Rev. 4/7 KENGINEERING DATAEXCHANGEVWGIEMISTORM WATER1E12191 DIG MAJOR DITCH IMPROVEMENTS1MSA12017 0407 MASTER SERVICES AGREEMENT.DOC 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to fling any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 8 Rev. 4/7 ICIENGINEERING DATAEXCHANGDANGIEMISTORM WATER4E12191 VG MAJOR DITCH IMPROVEMENTS MSA12017 0407 MASTER SERVICES AGREEMENT DOC ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Page 9 Rev. 4/7 K ~ENGINEERING rATAEXs HANGEVWGIEMISTORM WATER1E111 1 IDIO MAJOR DITCH IMPROVEMENT51MSA12C 17 04D7 MASTER SERVICES AGREEMENT DOC Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us1whatsnew/elf_info jorml 295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https:/Iwww.ethics.state.tx.uslleaallch46.html. 12.8 Conflict of interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www. cctexas.cornlgovernmenticity-secretaryiconflict-disclosure/index 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.10 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of Articles I — XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LOCK OOD, ANDREWS & NEWNAM, INC. Jeff H. Edmonds, P. E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta Date City Secretary .)e/;0, 7/64417 e A. Gilbreath, P.E. Date Associate 500 N. Shoreline Blvd., Suite 500 Corpus Christi, TX 78401 (361) 882-2257 Office Project No. E12191 Accounting Unit: 3495-043 Account: 550950 Activity: E12191013495EXP Account Category: 50950 Fund Name: Storm Water 2012B Rev Bonds Encumbrance No. Page 10 Rev 4/7 KIENGINEERING OATAEXCHANGE.ANGIEMISTORM WATERtE12191 !DIG MAJOR DFTCH IMPROVEMENTSV ISA12017 0407 MASTER SERVICES AGREEMENT DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Lockwood, Andrews & Newnam, Inc." (Consultant) dated , 2017 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. remain in full force and effect. CITY OF CORPUS CHRISTI Jeff H. Edmonds, P. E. Date Director of Engineering Services RECOMMENDED Operating Department Date All other terms and conditions of the Agreement LOCKWOOD, ANDREWS & NEWNAM, INC Steven A. Gilbreath, P.E. Associate 500 N. Shoreline Blvd., Suite 500 Corpus Christi, TX 78410 (361) 882-2257 Office Date Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL Master 5ervmes Agreement �n April 5, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO BOX 9277 Corpus Christi, Texas 78469-9277 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY Re: Proposal for IDIQ Major Ditch Improvements (E12191} Master Services Agreement Dear Mr. Edmonds, On January 4th and 17th, we met with your staff to discuss continuing our support of the IDIQ Major Ditch Improvements project. The purpose of this proposal is to continue with the overall goal to develop a plan to address observed flooding in the La Voila Creek / Airport Ditch Tributaries and to identify and prioritize ditch improvements through the sub -basin which serves the La Colonias, Los Encinos, Molina, West Oso, Old Brownsville Road, Corpus Christi International Airport, CC State School, and Gabe Lozano Sub -Basins; totaling approximately 19,000 acres. This proposal constitutes Phase 2 of this project: LaVolla / Airport Ditch Analysis, Recommendations, and Design. In general, the tasks for this amendment include the following: • Study/Report Phase Services including H&H Modeling of the above-mentioned sub -basins within the Oso Creek Basin. • Preliminary Phase Services including evaluating alternatives and making recommendations for improvements in the combined sub -basins. • Design Bid, and Construction Phase Services for implementing the alternatives / recommendations approved by the City. LAN assumes that it is the City's intent to Bid this project using a 3 -year Indefinite Delivery / Indefinite Quantity (IDIQ) contract. LAN will issue Delivery Orders (DO's) to the selected contractor during the Construction Phase for maintenance -related improvements to the Major Ditches in the project area (Reference Attachment A, Exhibit 1). Attachment A details the scope of services required for this proposal. We propose to complete this work for a lump sum fee not to exceed $500,000.00. It is our understanding that the City of Corpus Christi wants to begin this phase of this project immediately; LAN is prepared to begin directly upon receiving Notice to Proceed. Additionally, providing that we receive NTP before the end of May 2017, we 500 N. Shoreline Blvd. Ste. 500 • Carpus Christi Tp,vrs 78401 • 381 882.2257 • www an. . -;n EXHIBIT "B" Page 1 of 15 Jeff Edmonds Amend #1 Major Ditch IDIQ April 5th, 2017 Page 2 anticipate to be substantially complete with Preliminary Phase Services NLT the end of November 2017, Design Phase Services NLT the end of April 2018, and ultimately complete with construction of three delivery orders by the end of September 2019. Please feel free to contact me at 361792-7225 or by email at smharris@Ian-inc.com if you have any additional questions. Sincerely, Scott Harris, PE Regional Manager Attachments: A—Scope of Services Cc: Daniel Deng, Project Manager Temple Williamson, P.E.; Engineering Design Manager Yvette Dodd, CFM; Floodplain Administrator EXHIBIT "B" Page 2of15 Attachment A Scope of Services IDIQ Major Ditch Improvements (E12191) Basin: Oso Creek (OCB) Phase 2: LaVoila / Airport Ditch Analysis, Recommendations, and Design Situation: For several years, major flooding has occurred along LaVoila Creek near Saratoga Boulevard, including at the Greenwood Wastewater Treatment Plant and within the Las Colonies Subdivision. Multiple studies have been conducted over the past 10 years that have made recommendations to either expand, clear and grub, re -shape, or even line the channel both upstream and downstream of Saratoga; no recommendations have been implemented to this date however there are current plans in design to improve the channel south of Saratoga Boulevard. LaVolla Creek is a natural drainage -way in Corpus Christi that drains 34.45 square miles of western Corpus Christi, into Oso Creek. The drainage way is only partially developed as many sections are still meandering and heavily vegetated. Several tributaries of La Voila Creek include: Margaret Kelly Ditch, Saratoga Downs Ditch, and the Airport Ditch (Reference Exhibit 1). These tributaries are affected by the backwater from the LaVolla Creek in flood stage. The Airport Ditch is a concrete -lined major open -channel drainage ditch along the west side of the City that drains approximately 4200 acres or approximately 5000 cfs (peak 100 yr. storm). It extends from its' outfall into LaVolla Creek near Gavilan Street (south) to Horne Road and Airport Road (north). At the Horne Road intersection two additional tributaries contribute to the system: the Horne Road Ditch (west) and the Armory Ditch (east). The La Voila / Airport Ditch system drains several Sub -Basins within the Oso Creek Basin (OCB). These include: La Colonies (OCB-200), Los Encinos (OCB-210), Molina (OCB-220), West Oso (OCB-230), Old Brownsville Road (OCB-240), Corpus Christi International Airport (OCB-241), CC State School (OCB-224), Gabe Lozano (OCB-221), and several smaller sub -basins; totaling approximately 34.45 square miles. Current Project Phasing Phase 1— Project Initiation / FEMA FIRM Map Appeal Review for La Voila Creek and Airport Ditch (ALREADY UNDER CONTRACT). Prior to recommending any additional improvements to the LaVolla Sub -Basin, the City intends to first analyze the upper reaches of the La Voila system including the Airport Ditch for the purposes of possibly appealing the Preliminary FEMA FIRM Map for that area. LAN is currently completing the scope of services related to this phase under Small A/E Contract E12191 IDIQ Major Ditch Improvements, dated August 31St, 2016. EXHIBIT "B" Page 3 of 15 Phase 2 —La Voila /Airport Ditch Analysis, Recommendations, and Design Phase Improvements (see detailed Scope of services below) • Task 1—Study and Report Phase Services — H&H Modeling of La Voila Sub -Basin • Task 2- Preliminary Phase Services — Alternatives / Recommendations for Improvements in the La Voila Sub -Basin • Task 3 — Design Phase Services for La Volla Sub -Basin Improvements • Task 4- Bid Phase Services • Task 5- Construction Phase Services EXHIBIT "B" Page 4 of 15 Phase 2 — Detailed Scope of Services The following scope outlines the procedures that Lockwood, Andrews & Newnam (LAN) will follow to provide the required professional services. Phase 2 Proiect Area: Reference Exhibit 1 I. BASIC SERVICES A. Task 1 - Study and Report Phase Services - H&H Modeling of Sub -Basins (approximately 34.45 square miles) 1. Consult with City of Corpus Christi to understand requirements for each Task and review available data. 2. Participate in one (1) Task Kick-off and (2) Progress Meetings with the City staff, prepare the meeting agenda and distribute minutes to attendees within five working days of the meeting. 3. Provide Quality Assurance/Quality Control (QA/QC) measures to verify that all submittals of the project reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. 4. Prepare and submit Monthly Invoices and 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. 5. Advise CITY as to the necessity of providing or obtaining from others data or services, Additional Services (i.e. geotechnical or topographic survey), which are not part of LAN's Basic Services, and assist CITY in obtaining such data and services. 6. Identify and analyze requirements of governmental authorities (i.e. TCEQ, FEMA, etc.) having jurisdiction over the CITY to approve the portions of the Project designed or specified by LAN with whom consultation is to be undertaken in connection with the Project. 7. Data Collection and Field Visits a. Collect and review historical Engineering reports, surveys, and hydrologic & hydraulic models for the project area and its vicinity. LAN shall carefully evaluate each previous study's assumptions, background, data sources, and its applicability to the current task order. b. Make one (1) three-day field visit to the project area to field verify existing conditions. Photographs and field verification of existing conditions of the main creek channels, overbank areas, and structures will be completed during the field visit. Field visit will also be performed to verify the available data collected in the project areas. 8. Existing Condition Hydrologic Modeling — as part of the study and report phase, LAN will complete a hydrologic analysis of the project area by using HEC -HMS. Hydrographs corresponding to 10%, 2%, 1%, and 0.2% AEP storm events will be developed from HEC -HMS as boundary conditions for unsteady HEC -RAS model. Tasks involved in this analysis include: a. Delineating Drainage Areas - Drainage areas will be delineated as necessary within the study areas based on the LiDAR data, as -built, survey, and existing plan sets. b. Hydrologic parameters - Hydrologic parameters for drainage areas (Curve Numbers, Clark Unit Hydrograph) are to be determined per the City Drainage Criteria Manual. EXHIBIT "B" Page 5 of 15 This effort could involve using City standards, land -use data, soils data, and aerial imagery. c. Rainfall Storm Event —10%, 2%, 1%, and 0.2% AEP will be computed by using rainfall depth values listed in the City's Drainage Criteria Manual or USGS WRIR 98-4044. d. Muskingum, Muskingum-Cunge, or Modified Plus methods will be applied to HEC -HMS reach routing modules as recommended in the City Drainage Criteria Manual. 9. Existing Condition Hydraulic Modeling — as part of the study and report phase, LAN will complete hydraulic analyses of the open channel system in the project area. Tasks involved in this analysis include: a. 1D steady-state HEC -RAS models (10%, 2%, 1%, and 0.2% AEP storm events) will be developed for the project basin. LAN will obtain the current effective FEMA hydraulic models, as well as the hydraulic models developed by the City's other consultants, and convert these models to one unsteady -state HEC -RAS hydraulic model. LAN will utilize the effective FEMA HEC -RAS cross sections, where possible. As shown in Exhibit 1, currently, La Voila Creek, Margaret Kelly Channel, Donigan Channel and Airport Ditch #1 were studied in details by FEMA. b. LAN will develop 1D steady-state HEC -RAS models for major ditches without an existing hydraulic model and incorporate these new models to the combined 10 steady-state HEC -RAS model. As shown in Exhibit 1, the major ditches which require new HEC -RAS models include Airport Ditch #2, Horne Road Ditch, Armory Ditch, Enterprise Channel, Saratoga Downs Channel, and Bates Channel. LiDAR furnished by the City will be utilized to acquire the hydraulic model geometry information. c. Hydraulic structures such as bridges and culverts will be built into the models appropriately by as -built record drawings from the City. When as -built drawings are not available, the engineer will notify the City for guidance. Any field survey efforts if deemed necessary by the City to acquire as -built or existing data will be authorized separately through a contract amendment. d. Mannings' n values will be examined by Table 4-3 of the City Drainage Criteria Manual. Necessary adjustments will be made to Manning's n values to better represent existing field conditions and the recommendations of Table 4-3. e. Boundary Conditions and Inflows — Peak flows from the existing condition HEC -HMS model will be imported as boundary conditions into the combined 10 steady-state HEC -RAS model. Normal depth will be applied as the downstream boundary condition. f. The 10 steady-state HEC -RAS model will be validated by comparing to FEMA effective model results, historical storm event high water marks, and channel gage data if available. B. Task 2- Preliminary Phase Services - Alternatives / Recommendations for Improvements in the Sub -Basins 1. Evaluate various alternate solutions available to the City and after consultation with City, recommend those solutions which in the LAN's judgment best meet City of Corpus Christi's requirements for the Project. EXHIBIT "B" Page 6 of 15 a. Develop Improvement Alternatives Hydraulic HEC -RAS Models — LAN will perform hydraulic analyses on up to three (3) improvement alternatives comprised of major components of the open channel and hydraulic structures and ensure that those alternatives meet established criteria set forth in the City Drainage Criteria Manual. The improvement alternatives includes but not limited to: detention basins, channel widening, channel improvements, bridge enlargement and replacement, culvert enlargement and replacement. It worth noting that the Improvement Alternatives hydraulic models will be for planning, implementation and general impact analysis and are not intended to meet FEMA standards for flood risk mapping. These models will have varying level of detail for planning and implementation purposes. Any flood risk modifications will need to be made to the FEMA effective models should they ever need to be used for FEMA flood risk purposes, which is not part of this Scope of Service. i. Identified the preferred locations for various improvement alternatives. ii. Model development for the proposed alternatives will build upon the existing condition HEC -RAS model. iii. The proposed improvements modeling effort is an iterative process that involves evaluation of benefit and impact for different alternatives and subsequent modification and optimization. iv. The proposed improvements will be evaluated for cost effectiveness in reducing flood risk. v. Alternative improvements for the purposes of value engineering and reducing overall construction cost will be evaluated. vi. Detention basins will be modeled as reservoirs by revising existing condition HEC -HMS model, since normally detention basins will have great impact to peak flows. Other improvement alternatives will only be modeled in steady- state HEC -RAS model by assuming they are not going to change the watershed hydrologic condition substantially. b. Cost Estimates - Planning level cost estimates will be prepared for each of the three (3) alternatives. The Engineer will develop an Opinion of Probable Construction Cost (OPCC) for the recommended alternatives. The cost estimates should include all major project items such as major ditch improvements, channel lining, earthwork, embankment, retention/detention basins, major utility relocations, and bridge or culvert replacement, with an overall 25% contingency. 2. Develop preliminary requirements for utility relocations and replacements or upgrades necessary for any proposed improvements. 3. Prepare engineering letter reports (ELR's) which will contain the statement of City's requirements for the Project and, as appropriate, will contain major ditch, channel, and/or hydraulic structure improvement schematic layouts, sketches and conceptual design criteria for drainage improvements with appropriate exhibits to indicate the considerations involved and those alternate solutions available to City, which LAN recommends. 4. Develop Sub -Basin Capital Improvement Plan / Project List — As an appendix to the ELR, LAN will develop a detailed List of projects recommended for implementation in the sub -basin to improve the conditions of the existing major open ditch systems, improve flooding within the sub -basin, and improve water quality within the sub -basin and at its' outfall into Oso Creek. EXHIBIT "B" Page 7 of 15 The project list will be comprehensive, include lifecycle costs, but will NOT be intended for full implementation during the three-year IDIQ contract. C. Task 3 - Design Phase Services 1. Prepare a "Project Manual" in City standard format for typical maintenance -related stormwater open ditch improvements that the selected contractor can execute using delivery orders issued during the construction phase of this project. The scope and contents of the project manual will include: PLAN SHETS: 1 Cover Sheet and Ran Index 2 Legend, Detail Symbols. Testing Schedule 3 General Notes 4 Storrrw ater Pollution Prevention Standard Details 5 Bank Stabilization / Embankment / Grading Details 6 Earthw ork / Excavation / Storage Details 7 and 8 Erosion Control Measures - Standard Details (2 Sheets) 9 Fre-establishment of Riparian Area's / Overbank - Standard Details 10 Flow/ Velocity Control Structures / Energy Dissapators - Standard Details 11 Traffic Control (Sheet 1 of 5) 12 Traffic Control (Sheet 2 of 5) 13 Traffic Control (Sheet 3 of 5) 14 Traffic Control (Sheet 4 of 5) 15 Traffic Control (Sheet 5 of 5) 16 - 27 TxDOT Barricade 8 Construction Details (12 Sheets) 28 - 44 City of Corpus Christi Standard Details (17 Sheets) PROJECT MANUAL DN 00 Procurement and Contracting Requirements DN 01General Requirements Part S Standard Specifications Part T Technical Specifications 2. The following typical submittals apply to all deliverables: a. 60% Design Phase Submittal 1. Complete internal quality control check of plans and calculations per the Quality Control Plan developed in Task 1. ii. Furnish one (1) set of the interim plans and typical details (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. EXHIBIT "B" Page 8 of 15 iii. 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. iv. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. b. 90% Design Phase Submittal i. Assimilate all 60% review comments upon approval by the Director of Engineering Services. ii. Complete internal quality control check of plans, specifications, and calculations per the Quality Control Pian developed in Task 1. iii. Provide one (1) set of the pre -final plans, project manual, and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with a revised opinion of probable construction costs. Plan executive summary, project checklist and plan checklist. iv. Participate in project 90% submittal review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non- responding participants as appropriate and, upon Notice to Proceed. c. Final Submittals i. Assimilate all 90% review comments upon approval by the Director of Engineering Services. ii. Complete internal quality control check of plans, specifications, and calculations per the Quality Control Plan developed in Task 1. iii. Provide one (1) set of the final (100%) plans, project manual, (unsealed and unstamped - electronic and half full-size hard copy using City Standards as applicable) for City's final review. d. Issued for Bid Documents i. Assimilate all final review comments upon approval by the Director of Engineering Services ii. Provide one (1) set of the final signed and sealed ISSUED FOR BID plans and contract documents (electronic and half 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. D. Task 4 - Bid / Pre -Construction Phase Services 1. Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. 2. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. EXHIBIT "B" Page 9 of 15 3. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. 4. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. 5. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. 6. Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. E. Task 5 - Construction Phase Services LAN assumes that it is the City's intent to Bid this project using a 3 -year Indefinite Delivery / Indefinite Quantity (IDIQ) contract. LAN will issue Delivery Orders (DO's) to the selected contractor during the Construction Phase for maintenance -related improvements to the Major Ditches in this project area (Reference Exhibit 1). 1. Issue Delivery Orders as follows: a. Delivery Order #1 — Year 1— assume start of construction in early 2018 with a 6 -month construction duration. b. Delivery Order #2 — Year 2 — assume start of construction in late 2018 with a 6 -month construction duration. c. Delivery Order #3 — Year 3 — assume start of construction in early with a 6 -month construction duration. 2. Each delivery order will include the following construction engineering / administration tasks: a. Site Plan / Layout b. Site Specific General Notes / Specifications c. Traffic Control Plan (TCP) d. Construction Sequencing Plan e. Review and interpret field and laboratory tests. 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. LAN assumes one (1) 4 -hour site visit per week for a six (6) month project duration. g. 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. h. 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. i. Attend final inspection with City staff; provide punch list items to the City's Construction Engineers for contractor completion of the project. EXHIBIT "B" Page 10 of 15 .1 - 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. F. Documents / Services to be provided by the City The City shall provide LAN available studies, surveys, and reports concurrently when issuing the Notice to Proceed for a work authorization from this master service agreement. The documents to be provided to LAN include but not limited to: 1. Project budget specifying the funds available for the construction of stormwater improvements related to this contract 2. Existing Reports/plans for stormwater improvements 3. Existing LiDAR, conventional topographic survey data in the project area, City control benchmarks and coordinates 4. Existing GIS data including roadways, waterway and water body alignments and boundaries 5. As -built record drawings for utilities, channels, bridges, and culverts in the project areas. 6. Land use data, soil group data 7. Existing HEC -HMS, HEC -RAS, and other hydrologic and hydraulic models developed by FEMA and the City's consultants. EXHIBIT "B" Page 11 of 15 II. ADDITIONAL SERVICES This section defines the scope of additional services that may be needed for construction of these projects. The fees associated with these services are NOT included in this proposal. LAN will determine if any of these services are required during Task 2 Preliminary Phase Services. LAN will not begin work on any service 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: A. Permitting - Furnish the City all engineering data and documentation necessary for all required permits. LAN will prepare this documentation for all required signatures. LAN will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities. B. LOMR/CLOMR — LAN will prepare LOMR/CLOMR package for proposed design alternatives if deemed necessary. C. 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. LAN will coordinate with a sub -consultant to complete the following: 1. Perform surveys to determine apparent right-of-way widths. 2. 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. 3. Provide a preliminary base map containing apparent ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 4. Prepare Metes and Bounds instrument with supporting exhibits as required and agreed upon for ROW parcels, utility easements, and temporary construction easements. 5. Determine 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. 6. 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. D. Topographic Survey — Based on the value of the data gathered during the Study and Report Phase of this project (Task 1); there may be a need for additional site specific topographic survey to be EXHIBIT "B" Page 12 of 15 accomplished prior to construction of any Delivery Order. In general, 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'm 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. LAN will coordinate with a sub -consultant to complete the following: 1. Survey Control a. Establish Horizontal and Vertical Control; establish both primary and secondary horizontal/vertical control. b. Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. c. 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. d. Vertical control will be based on NAVD 88. e. All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. 2. Utilities - Within the limits of the major ditch improvements projects, obtain x, y, and z coordinates of all accessible existing utilities included but not limited to: a. City owned sanitary sewer, storm sewer, water and gas lines b. Third -party utilities, i.e. electrical, telecommunications, oil & gas pipelines and wells, all visible utilities signs within the project limits. 3. Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. 4. Locate improvements within the apparent project limits. 5. Locate and identify trees, at least five inches in diameter within the project limits. 6. Basemap - Generate electronic planimetric base map for use in project design. E. Environmental Assessments / Archeological Studies 1. LAN shall 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. 2. Phase I Assessment — if necessary LAN will coordinate with a subconsultant for the following services: a. Performance of an on-site visit to view present conditions (chemical spill residue, die - back of vegetation, etc.); hazardous substances or petroleum products usage (presence of above ground or underground storage tanks, storage of acids, etc.); and evaluate any likely environmentally hazardous site history. b. Evaluation of risks of neighboring properties upon the subject property c. Review of Federal, State, Local and Tribal Records out to distances specified by the ASTM 1528 and AAI Standards (ranging from 1/8 to 1 mile depending on the database) d. Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbors). 3. Archeological Studies - if necessary LAN will subconsultant the following services: a. Archeological site surveys and testing EXHIBIT "B" Page 13 of 15 b. Assessment of significance and effects on project c. Technical memorandum, reports F. Public Involvement. Participate in public meetings. For each public meeting, LAN will: 1. Provide follow-up and response to citizen comments 2. Revise contract drawings to address citizen comments, as directed by the City 3. Prepare notices, handouts and exhibits for public information meetings G. Subsurface Utility Investigation — if necessary for the design of stormwater related improvements in this contract, LAN will coordinate with a subconsultant for the following services: 1. Inform local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. 2. 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: a. 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. b. 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. c. 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. d. 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. e. Water— Water facilities within the project limits will be located to Quality Level C. f. 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. H. Geotechnical Engineering Services - LAN will coordinate with a sub -consultant to complete a subsurface investigation of the project area. EXHIBIT "B" Page 14of15 1. LAN will communicate to the City and subconsultant the total number of borings required and termination depths of those borings in each work authorization from this Master Service Agreements. 2. Consultants 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 i. Supplementary Visual Classification (ASTM D 2487) ii. Water Content Tests (ASTM D 2216) iii. Atterberg Limits Tests (ASTM D 4318) iv. Unconfined Compressive Strength Tests (ASTM D 2166) v. Percent Material Finer Than The U200 Sieve Tests (ASTM D 1140) vi. 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. 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. g. EXHIBIT "B" Page 15 of 15 EXHIBIT C PAYMENT REQUEST FORM Master Services Agreement a Le m0 arrVo w ad¢ 110) cr) as CL [C W Z to W M W N ZZ ..0 o J ` '13> aa- 0 0 Invoice Date 01101/2017 _ 0 3 O c Cl) O • o .0 V C 0- 0 H N 0 Z a 0 Z a 0 0 Basic Services: $1,000.00l OO O O d 25.0% 0.0% 0 0 TBDI TBDI TBDI 0 o 1.0 0- O D 0 0 0 0 Cr) 0 0 0 63 0 Ln m 1- C') Ln 0 0 6 69- 60000 0 0 0 64 0 0 0 .47,- 0 0 0 to 1 $1,000.00 0 0 to 0 0 0 0 0 44 66c*i 0 0 ra TBD 0 Ln 0 0 ``0AA11) in ea 1$1,000.ao C) 1 $1,500.00 0 0 0 0 0 44 T o0.0as$ C+7 T CV 00000 0 0 0 m 1- TBD TBD 0 o 0 4i 000 0 0 0 0 6 0 0 0 fa TBD TBD TBD $4,247.00 0 I $4,247.00 0 N• 0 LLA 0 LO 0 N N LQ 00)) Ln ti Ln ti Ln T co.. N- 0) T Eft C7 Lf) T3. T T Ln 0, $1,000.00l 0 0 1.0 0 0 0 0 0 0 Lon 69 0 0 Lon 0 0 0 0 TBDI TBDI TBDI 0 o 1.0 0 o LA 69- loo.00s$ 0 o 0 Ea 0 0 0 0 ..- 0 0 0 0 0 0 0 0 0 0 69 0 0 0 0 T 0 0 0 63 0 0 0 e4 0 0 0 CR m 1- TBD TBD 0 0 6 69- 0 0 0 L0 0 T 0 0 0 64 0 0 0 .47,- 0 0 0 to 1 $1,000.00 0 0 to 0 0 EE} 1$1,00a.ao 0 0 0 44 0 0 E 0 0 ra TBD TBD TBD 0 0 ``0AA11) in ea 1$1,000.ao 0 0 0 1.11 44 1 $1,500.00 0 0 0 44 0 0 0 413 0 Lot) 0 0 Lt) (3 0 LOL) Cl � 0 O 0 Ea 0 N e' :TA $1,627.00 TBD TBD TBD $4,747.00 0 Of N N• 0 Tt h � 0' 0, 0) T- 40 00 N• 0 0 ea 0 Lo CVS $1,000.00 0 0 10 N �- $0.00 $0.00 N 10 r 44 TBD TBD TBD 0 N CD T Ea $1,250.00 0 N CO T 69 0 ti Cli N 69 $0.00\ $1,000.00 0 0 0 0 0 o $1,000.00 0 0 0 0 0 6 T % -T- TT 69 0 0 6 TBD TBD TBD 0 0 0 T 0 0 6 0 T 44 $1,120.00 0 0 0 T- CV 40- 0 0 0 0 0 44 0 0 0 0 LQ 44 o0.0as$ 0 0 0 n ea*a 0 0 6 0 0 0 0 0 0 0 ea 0 0 0 0 0 0 m 1- TBD TBD 0 o 0 4i 0 0 6 0 44 0 0 0 0 6 0 0 0 fa Construction Phase Subtotal Basic Services Additional Services: 0 0 N 0 rn c 0 & M Manuals ❑ 0 Subtotal Additional Services 0 O 0 o LL LJ. N O t] ai E N E 'Ln N CO Additional Services Fees Total of Fees co z co -3" a y C▪ G 0 a . 't."6 z U m 0 a ,U Q 0 EXHIBIT "C" Page 1 of 1 EXHIBIT D INSURANCE REQUIREMENTS Master Services Agreement EXHIBIT D Insurance Requirements Pre -Design, Design and General Consulting Contracts 11 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim 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 insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 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 Tess than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided EXHIBIT "D" Page 1 of 2 below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 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: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and 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. 1.8 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 withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 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 agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT "D" Page 2 of 2 EXHIBIT E DISCLOSURE OF INTEREST Master Services Agreement CITY OF CORPUS CHRISTI �_--- DISCLOSURE OF INTEREST City ol° Corpus City of Corpus Christi Ordinance 17112, as amended, requires allpersons or firms seeking Chnsti to do business with the City to provide the following information. Every question must b answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANYNAME: Lockwood, Andrews & Newnam, Inc. P. O. BOX: STREET ADDRESS: 500 N. Shoreline Blvd., Suite 500 CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation 4. Association 2. Partnership 9 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 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 Committee Board, Commission or 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 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 (dj] 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: Steven A. Gilbreath, P.E. (Type or Print) Signature of Certifying Person: Title: DEFINITIONS As$Qcjate Date: Vz a/ 7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT F CERTIFICATE OF INTERESTED PARTIES Master Services Agreement Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-73614 Date Filed: 06/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, TX United States rv2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12191 IDIQ Major Ditch Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Daly, Leo Washington, DC United States X Daly, Grega Washington, DC United States X Petersen, Dennis Houston, TX United States X Cohen, Arnie Austin, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT 0«`"'"'fry COURTNEY **.- "N Notary Public, Z4,.%. I►t. 4 Comm. Expires '•,;F(4,� Notary 0$,n0" AFFIX NOTARY STAMP / to and subscribed 20 RP , to certify which, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. CASTELLANOS State of Texas 02-25-2020 i f / • ID 130554662 - Sig .'-tore of authorized agent of contracting business entity SEAL ABOVE ++,�, before me, the said � this the 2� dayof � J yY 4� . by h 611bratik. \(5warrr witness my hand and seal of offt e. � irc.oIId �, 3ft511JTaP7Q5 �f A�I. AIL / „ Signature of officer . 9 � [, pterin ill Print- i name of officer admini tering oath Title of o/o1an g I 9 eradmii tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 EXHIBIT G EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Exhibit E Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10— OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 EXHIBIT "G" Page 1 of 14 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 CO General Conditions - 2 EXHIBIT "G" Page 2 of 14 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 EXHIBIT "G" Page 3 of 14 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 EXHIBIT "G" Page 4 of 14 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Protect Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 EXHIBIT "G" Page 5 of 14 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 EXHIBIT "G" Page 6 01 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cast for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 EXHIBIT "G" Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 EXHIBIT "G" Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 EXHIBIT "G" Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 EXHIBIT "G" Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 EXHIBIT "G" Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 EXHIBIT "G" Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions -13 EXHIBIT "G" Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 EXHIBIT "G" Page 14 of 14 Corpus Chr sti Engineering Major Ditch Improvements Council Presentation May 30, 2017 Project Location �hrsti Engineering 10 • 'Corpu :hn s -i male s ? CITY-WIDE PROJECT striq nd ata. Project Vicinity 0 a111 Corpus Chr sti Engineering Project Scope 0 �hrsti Engineering MSA for a multi-year contract with 1 base year and 2 option years. Individual delivery orders will be issued: • Tasking on an as -needed basis • Evaluation, Analysis and Prioritization of major ditch improvements • Prepare construction procurement documents as required Jun Jul Aug Sep Oct Nov Dec Jan Project Schedule �hrsti Engineering 2017 2018 1 Design Feb Mar Apr May Bid/Award Jun Jul Aug Sep Oct Nov Dec rConstruction Project Estimate: 570 Calendar Days 19 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG c(�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Supply Agreement for Saddle Service Taps for Waterlines CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with HD Supply Waterworks of Corpus Christi, Texas for the purchase of saddle service taps for waterlines in response to RFB 1069 based on the lowest, responsive, responsible bid for a total amount not to exceed $35,559.17, with an estimated expenditure of $11,853.00 in FY2016-2017 and funded by the Warehouse Stores Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for saddle service taps for waterlines for the Utilities Department. BACKGROUND AND FINDINGS: Saddles are used in the City's waterlines to tap into mains to supply water to new homes, businesses and other areas. The use of saddles allows installation of new piping into existing mains while the lines are live, keeping pipeline shutdowns limited and allows for good customer service to existing clients. The City received two responsive, responsible bids, out of 39 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, HD Supply Waterworks of Corpus Christi, Texas. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Warehouse Stores FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,800,000.00 $23,706.17 $2,823,706.17 Encumbered/ Expended Amount $1,000,720.46 $0.00 $1,000,720.46 This item $11,853.00 $23,706.17 $35,559.17 BALANCE $1,787,426.54 $0.00 $1,787,426.54 Fund(s): Warehouse Stores Fund Comments: The initial contract term total is $35,559.17, of which $11,853.00 will be funded in FY2016- 17. The total estimated contract value will be $ 106,677.51 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation Attachment B- Bid!P,icing Schedule PURCHASING DIVISION CITY OF CORPUS CHRISTI BID TABULATION BID INVITATION NO: 1nmy BUYER: Cynthia Perez SERVICE SADDLES Date: 04/27/17 DEDESCRIPTION QTY FERGUSON ENTERPRISES Corpus Christi, TX UNIT TOTAL PRICE PRICE HD SUPPLY WATERWORKS Corpus Christi, TX UNIT TOTAL PRICE PRICE 1u4ou^SADDLE, 3/4" TAP 15 12nU2^SADDLE, 1^TAP 10 1251 o1DrSADDLE, rTAP 30 1us2u.5"SADDLE, 1^TAP 20 1u»au^SADDLE, 1^TAP 10 12544^SADDLE, 1^TAP 10 1z554^SADDLE, 1^TAP 20 1uon4^SADDLE, 1.5" TAP 10 12sr4^SADDLE, u^TAP 1u 1258 0^SADDLE, .75"TAP 75 1mmu4"SADDLE, 2" TAP u 1o6ou'rSADDLE, 1.s^TAP 3 1261 24rSADDLE, a^TAP 3 1unu6''SADDLE, 1''TAP 240 1znne''SADDLE, 1u''TAP 24 1en4n^SADDLE, 2^TAP 24 12058^SADDLE, J5''TAP 120 1uoma^SADDLE, 1^TAP 78 12o78^SADDLE, 1.o''TAP 18 12608^SADDLE, 2^TAP 18 1zny1n^SADDLE, 1^TAP 12 1urn1o^SADDLE, u^TAP 6 1271 12^SADDLE, .7o^TAP 6 12ro1x^SADDLE, 1^TAP 18 1273 1u^SADDLE, 1 .5" TAP 12 1274 1x^SADDLE, 2rTAP 8 1275 1O^SADDLE, .75TAP 6 1276 1o^SADDLE, 1^TAP 6 1277 1V^SADDLE, 1zrTAP 6 12016"SADDLE, 2" TAP 6 1279 20" SADDLE, 2" TAP 4 TOTAL MANUFACTURER $27.86 27.86 27.86 28.42 28.98 27.80 28.13 35.10 35.10 32.71 231.75 231.75 256.06 32.71 38.33 38.33 38.84 38.84 46.16 45.63 76.68 88.95 49.09 49.09 95.58 61.85 123.94 123.94 134.27 134.27 $417.90 278.60 835.80 568.40 289.80 278.00 562.60 351.00 351.00 2,453.25 695.25 695.25 768.18 7,850.40 919.92 919.92 4,660.80 3,029.52 830.88 821.34 920.16 533.70 294.54 883.62 1,146.96 494.80 743.64 743.64 805.62 805.62 198.03 79212 $35,742.23 Smith -Blair $27.58 $413.70 27.58 275.80 27.58 827.40 28.40 568.00 28.98 289.80 27.75 277.50 28.05 561o0 35.90 359o0 35.90 359.00 32.0e 2.403.75 231J0 695.10 231J0 695.10 2*0.00 708.00 32.55 7.812.00 38.30 91e.20 38.30 918.20 38.55 4.620.00 38.00 3.042o0 48.15 830.70 45.15 e12.70 75.90 910.80 87a7 526.02 49.00 284.00 49.00 882.00 91J5 1.101o0 61f0 48*.40 123.80 742.80 123.80 742.80 134.20 805.20 134.20 805.20 200.00 800.00 Smith -Blair SUPPLY AGREEMENT NO. 1069 Saddle Service Taps for Waterlines THIS Saddle Service Taps for Waterlines Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and HD Supply Waterworks ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Tap Saddles in response to Request for Bid No. 1069 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: Scope. Supplier will provide Tap Saddles in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $35,559.17, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 7 under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Robert Presnell Department: Financial Services -Warehouse Phone: 361-826-1750 Email: RobertPR@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Store Keeper 5352 Ayers st. Bldg. #6, Corpus Christi, Texas 78415 (361) 826-1750 IF TO SUPPLIER: HD Supply Waterworks Attn: Paul Rodriguez Branch Operations Manager 6941 Leopard St. Corpus Christi, TX 78409 (361) 289-2660 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: Printed Name: ?au- Title: a(elne-ll 0p_e_covR .9;15 /1/IP Cy f3)e2 Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1069 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 7 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Supplier shall provide tap saddles for water lines as outlined in this Scope of Work. B. Saddles are used in the city water lines to tap into mains in order to supply water to new homes, businesses and other areas. C. Use of a saddle allows installation of new piping into existing mains while the lines are live, keeping pipeline shutdowns limited and allows for good customer service to existing clients. 1.2 Scope of work A. The supplier shall provide tap saddles in various size as shown on the pricing sheet. B. Supplier must be able to supply items within 14 days. C. All material shipped will be delivered with an accompanying delivery ticket listing the City stock number. D. Supplier shall not impose a minimum order. The City will be able to order any amount at any time. E. If the proposer submits an "Equal to" item as a substitute for items on the bid form, the item shall be fully described so that it may be determined that the proposed item is "Equal to", or exceeds the item specified. The decision as to whether an item shall be considered equal to the requirements specified rests solely with the City. Full descriptive literature is requested for all items submitted as "Equal to" for items stated on the bid sheet(s). F. Supplier shall not impose a minimum order. The City will be able to order any amount at any time. G. If the proposer submits an "Equal to" item as a substitute for items on the bid form, the item shall be fully described so that it may be determined that the proposed item is "Equal to", or exceeds the item specified. The decision as to whether an item shall be considered "equal to" the requirements specified rests solely with the City. Full descriptive literature is requested for all items submitted as "Equal to". 1.3 Work Site and Conditions Items shall be delivered upon request to the City Warehouse at 5352 Ayers St. Bldg. #6 Corpus Christi, Texas 78415. 1.4 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions A. Supplier must be able to supply items within 14 days. B. AN material shipped will be delivered with an accompanying delivery ticket listing the City stock number. Attachment B - Bid/Pricing Schedule vs CITY OF CORPUS CHRISTI ' m.. ga �ORPoHA 1852 mate: ❑ BID FORM PURCHASING DIVISION RFB No. 1069, Saddle Service Taps for Waterlines �} PAGE i OF 2 c (I-7 Authorized Bidder: c tik)t, 7th(�} i�l� �4.1).11( Signature: �� I / � 7 IL��`� i G 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, communication, or agreement with any other Bidder purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure on file with City's purchasing office, pursuant to the Code and true. c. Bidder is current with all taxes due and company is in required governmental agencies. d. Bidder acknowledges receipt and review of all addenda iv before without consultation, or competitor, for the of. Interesf information of Ordinances, is current good standing with all for this RFB. Item Description :.:...::::`'; :.:.:< `.::: ;UNIT `:; QTY Unit: Price . .............:... Total Price 1249 Service Saddle 2 in X .75 in Tap 15 EA a�, 5-e 9/'.7 Smith Blair - 315-0025606-000 1250 Service Saddle 2 in X 1 in Tap 10 EA ,/..) t7 j i- [i Smith Blair - 315-0021308-000 1251 Service Saddle 2 in X 1 in Tap 30 EA i9 7, 53 ,r;7. /U Smith Blair - 315-0025608-000 1252 Service Saddle 2.5 in X lin Tap 20 EA - (}� . 00 Smith Blair - 315-0029108-000 1253 Service Saddle 3 in X 1 in Tap 10 EA 9801 & Smith Blair - 315-0035408-000 1254 Service Saddle 4 in X 1 in Tap 10 EA 9q r]s p (4, t$o Smith Blair - 315-0048008-000 ** 1255 Service Saddle 4 in X lin Tap 20 EA 98,o5--- 5-0-(O 561.0 Smith Blair - 315-0056308-000 1256 Service Saddle 4 in X 1.5 in Tap 10 EA 42(-) 30 (X) Smith Blair - 315-0056312-000 1257 Service Saddle 4 in X 2 i Tap 10 EA 35.46 35.00 Smith Blair - 315-0056314-000 1258 Service Saddle 6 in X .75 in Tap 75 EA 310s- Ot/03,- 71-' Smith Blair- 315-0076006-000 *N 7,812. ** 742. 1259 Service Saddle 24 in X 2 in Tap 3 EA ggj ) (0/', - / Smith Blair - 317-00258014-000 1260 Service Saddle 24 in X 1.5 in Tap 3 EA (P)3). f-70 (Cq5. /o Smith Blair - 317-00258012-000 1261 Service Saddle 24 in X 2 in Tap 3 EA SLI, 00 76? pc) Smith Blair - 362-00285014-000 1262 Service Saddle 6 in X 1 in Tap 240 EA 3,491 , 55 0 7300 r) Smith Blair - 315-0076008-000 - 1263 Service Saddle 6 in X 1.5 in Tap 24 EA „ 51) g74. 2 0 Smith Blair - 315-00760102-000 1264 Service Saddle 6 in X 2 in Tap 24 EA 3 942 6 Smith Blair - 315-0076014-000 1265 Service Saddle 8 in X .75 in Tap 120 EA 36. SS I/6,g CO Smith Blair - 315-00101006-000 1266 Service Saddle 8 in X 1 in Tap 78 EA % 96%, 1C) Smith. Blair - 315.00101008-000 31, 60 1267 Service Saddle 8 in X 1.5 in Tap 18 EA 1,7q, 7_5' 830.20 Smith B lair - 315-00101012-000 1268 Service Saddle 8 in X 2 in Tap 18 EA (5617.70 Smith Blair - 315-00905014-000 1269 Service Saddle 10 in X 1 in Tap 12 EA 7596 q/0.60 Smith Blair - 317-00121208-000 1270 Service Saddle 10 in X 2 in Tap 6 EA {Jr f-] 5,2(Q.0) , Smith Blair - 317-001212014-000 , 1271 Service Saddle 12 in X .75 in Tap 6 EA&.) 77 gg.v.GCS Smith Blair - 315-00143206-000. 1272 Service Saddle 12 in X1 in Tap 18 EA a{ri R .00 Smith Blair - 315-00143208-000 1273 Service Saddle 12 in X 1.5 in Tap 12 EA wt. -7J— //)7 6(0 Smith Blair - 317-001432012-000 1274 Service Saddle 12 in X 2 in Tap 8 EA 6l S) 1/ /0 Smith Blair - 315-00132014-000 1275 Service Saddle 16 in X .75 in Tap 6 EA /64 /0 Smith Blair - 317-00178006-000. 1276 Service Saddle 16 in X 1 in Tap 6 EA 1d. (5.9 7C/) - Smith Blair - 317-00178008-000 1277 Service Saddle 16 in X 1.5 in. Tap 6 EA /3c/: RD 6133:2 0 Smith Blair - 317-00178012-000 1278 Service Saddle 16 in X 2 in Tap 6 EA 7(t-� 2C. 0 S-: 2 0 Smith Blair - 317-00178014-000 1279 Service Saddle 20 in X 2 in Tap 4 EA ,0t) 00 S0O. 00 Smith Blair - 317-00216014-000 Total 35/776 $35,559.17 ** Extended prices are incorrect. Staff/cp corrected vendors math. Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned $1,000,000 Combined Single Limit 2. Hired and Non -Owned 3. Rented/Leased WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractors 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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workerscompensation 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractors 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. I It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (8) is null for this service agreement. ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-206935 Date Filed: 05/12/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HD Supply WaterWorks Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1069 Saddle Service Taps For Waterlines 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 13 6 AFFIDAVIT < �` � -- J^paY P J '° V UVELSA V E LA CERDA 4f�.._ ,1 ID# 12494279-5 _• r c�� °' ` Notary Public 5 1�� STATE OF TEXAS I swear, or under penalty of perjury, th e above disclosure is true and correct. 0 I" //(1 { ,. y=.„E„:•�'' My Comm. Exp. 06-01.2020 > Signature of authorized agent of contracting b ntity 40v 4v4”V v Gry v vv Cr .. AFFIX NOTARY STAMP I SEAL ABOVE Sworp,t9 and subscribed before me, by the said F�4� (f.Ckd,,d) , this the day of /714.f 20 / / , to certify which. witness my hand and seal of office. c U (///V al I Oa 6/) cV61g; •1 ' 3Z1V(- 1 %f 49 1-00 Signature of officer administering nth Printed name of officer administeng oa Title of officer administering oath Forms provided by Texas Ethics Caeiffnission WNW. ethic s.state.tx. us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Electrical Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Advantage Electrical Contracting & Maintenance, Inc., of Corpus Christi, Texas for the Electrical Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam in response to RFB 1056 based on the lowest, responsive, responsible bid for a total amount not to exceed $49,475 with an estimated expenditure of $16,492 in FY2016-2017 and funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion the City. PURPOSE: This item is to approve a service agreement for Electrical Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam for the Utilities Department. BACKGROUND AND FINDINGS: The capability to have on-call service for electrical repairs is critical to the operations at Wesley Seale Dam, Sunrise Beach and Rincon Pump Station to minimize down-time relation to electrical services at these locations. The City received one responsive bid out of 206 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Advantage Electrical Contracting & Maintenance, Inc. ALTERNATIVES: NA OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department — Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $96,815.57 $32,983.00 $129,798.57 Encumbered / Expended Amount $52,774.31 $0.00 $52,774.31 This item $16,492.00 $32,983.00 $49,475.00 BALANCE $27,549.26 $0.00 $27,549.26 Fund(s): Water Comments: The initial contract term total is $49,475, of which $16,492 is funded in FY2016-17. The total estimated contract value will be $148,425 if all options years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Lydia Juarez BID TABULATION- 1056 ELECTRICAL REPAIR SERVICES FOR SUNRISE BEACH, RINCON PUMP STATION AND WESLEY SEALE DAM DATE: March 17, 2017 RECORDED BY: Cynthia Perez Supplier Advantage Electrical Contracting & Maintenance Incorporated Corpus Christi, TX Unit Price (1-6) Total Price Item Description Qty. Unit % Markup (7) On Call Services Electrician Normal Hours (M -F 8:OOam- 5:00 pm to include holidays) 1 Journeyman 110 HRS $70.00 $7,700.00 2 Helper 110 HRS $45.00 $4,950.00 3 Master Electrician 80 HRS $75.00 $6,000.00 Electrician After Hours (M -F 5:01pm- 7:59 pm to include holidays and weekends) 4 Journeyman 70 HRS $105.00 $7,350.00 5 Helper 70 HRS $67.50 $4,725.00 6 Master Electrician 60 HRS $112.50 $6,750.00 7 Material Mark-up 10,000 Estimated $ 20% $12,000.00 Total $49,475.00 SERVICE AGREEMENT NO. 1056 Electrical Repair Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam THIS Electrical Repair Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Advantage Electrical Contracting & Maintenance Incorporated ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Electrical Repair Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam in response to Request for Bid/Proposal No. 1056 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. 1. NOW, THEREFORE, City and Contractor agree as follows: Scope. Contractor will provide Electrical Repair Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to 2 additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $49,475.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utilities 361-826-1827 DianaGcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche Garza Title: Contracts/Funds Administrator Address: O.N. Stevens Water Treatment Plant Fax: 361-826-488 IF TO CONTRACTOR: Advantage Electrical Contracting & Maintenance, Incorporated Attn: Russel Canales Title: President City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 Address: P.O. Box 27 Corpus Christi Texas 78403 Fax: 361-888-5978 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 C5LA7- Printed Name: Russell J. Canales Title: President Date: April 17, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1056 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 1.1 Attachment A: Scope of Work General Requirements/Background Information A. The Contractor shall provide on call electrical services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam as outlined in this Scope of Work. 1.2 Scope of work A. General 1. The Contractor shall be able to perform specified services twenty-four (24) hours a day, three hundred and sixty-five (365) days per year on an as needed basis. The City will use prudent judgment when calling after regular working hours for specific services. 2. The Contractor shall receive work order requests and return phone request within 30 minutes of a call being placed by the City. 3. The Contractor shall be on site at Sunrise Beach and all listing locations within two hours or within an agreeable time frame determined by the City and the Contractor of receipt of work order requests. 4. The Contractor shall repair the electrical deficiencies within 24 -hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within 24 -hours. 5. The Contractor shall have a sufficient number of licensed electrical technicians registered with the State of Texas in accordance with Texas Department of Licensing and Regulations (TDLR), and be clean of TDLR violations three years prior to solicitation date. 6. Any personnel assigned to the service agreement shall meet all applicable certification requirements of any regulatory agency having jurisdiction. 7. The Contractor shall ensure that all personnel are continuously trained to meet the latest electrical technology and industry standards. 8. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the general public during performance of all services under this agreement. 9. The Contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. Page 1 of 5 10. All personnel assigned to the service agreement shall wear proper working attire, including safety equipment and any company issued photo identification, if issued by the Contractor. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts, tank -tops or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. Contractor shall furnish all necessary management, supervision, labor, equipment, materials, transportation, and supplies required to repair, alter electrical systems. All work performed and services provided must be accomplished in a manner that meets all applicable original equipment specifications, trade standards and provisions, and federal, state and local codes and regulations. 12. Contractor shall dispose of all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 13. All materials used must be factory new/unused and free of defects in materials and workmanship. 14. Contractor is responsible for making repairs to or replacement of any material or equipment damaged during the completion of work or as the result of action or inaction by contractor's staff. 15. The City retains the right to retain ownership of any or all electrical equipment purchased under this agreement at the City's sole discretion. 16. Contractor shall not store worn or defective parts on City premises at the end of the work day unless otherwise specified by the Contract Administrator or designee. 17. Contractor must clean work site from debris or hazards at the end of every work day. 18. At the time of completion of any and all repairs, the Contractor shall report back to the Contract Administrator. Page 2 of 5 19. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be left with personnel at the location site to be forwarded to the Contract Administrator. The work order or repair slip shall contain the following information: • Site location of the equipment repaired • Details of what work was performed • Name and number of any parts which required replacement 20. If any item of equipment covered under this service agreement is deemed non -repairable, the Contractor shall immediately notify the Contract Administrator. 21. If repairs are deemed major, defined as exceeding $1,000.00, Contractor shall provide a cost estimate to include all labor, parts, costs associated to replace/repair requested items. Utilizing the pricing provided in the agreement. 22. Contractor shall take care to limit the interference with the day to day operations of the building occupants. Precautions should be taken at all ties to protect pedestrians and building occupants during the work performance. B. The Types of services and items covered by this agreement include, but are not limited to: 1. Assemble, install test and maintain electrical or electronic wiring, equipment, appliances, apparatus, and fixtures, using hand and power tools. 2. Diagnose malfunctioning systems, apparatus, and components, using test equipment and hand tools, to locate the cause of a breakdown and correct the problem. 3. Data and telephone cabling. 4. Connect wires to circuit breakers, transformers, or other components. 5. Inspect electrical systems, equipment, and components to identify hazards, defects, and the need for adjustment or repair, and to ensure compliance with codes. 6. Advise management on whether continued operation of equipment could be hazardous. Page 3 of 5 7. Test electrical systems and continuity of circuits in electrical wiring, equipment, and fixtures, using testing devices such as ohmmeters, voltmeters, and oscilloscopes, to ensure compatibility and safety of system. 8. Plan layout and installation of electrical wiring, equipment and fixtures, based on job specifications and local codes. 9. Prepare sketches or follow blueprints to determine the location of wiring and equipment and to ensure conformance to building and safety codes. 10. Use a variety of tools and equipment such as power construction equipment, measuring devices, power tools, and testing equipment including oscilloscopes, ammeters, and test lamps. 11. Install ground leads and connect power cables to equipment, such as motors. 12. Repair or replace wiring, equipment, and fixtures, using hand and power tools. 13. Work from ladders, scaffolds, and roofs, to install, maintain or repair electrical wiring, equipment, and fixtures. 14. Place conduit (pipes or tubing) inside designated partitions, walls or other concealed areas, and pull insulated wires or cables through the conduit to complete circuits between boxes. 15. Construct and fabricate parts, using hand tools and specifications. 15. Fasten small metal or plastic boxes to walls to house electrical switches or outlets. 16. Perform physically demanding tasks, such as digging trenches to lay conduit and moving and lifting heavy objects. 17. Provide preliminary sketches and cost estimates for materials and/or services. 18. Provide assistance during emergencies by operating floodlights and generators, placing flares, and driving needed vehicles. 19. Perform administrative duties in support of repairs and/or new installations, such as maintaining records and files, preparing reports and ordering supplies and equipment. Page 4 of 5 1.3 Work Site and Conditions A. The work will be performed at the following locations: • Wesley Seale Dam End of County Road 365 Sandia Texas 78383 • Sunrise Beach 22825 Park Road 25 Mathis Texas 78368 • Rincon Pump Station Near Labonte Park 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions A. Apply a warranty, when applicable, such as installation of new equipment. For example, re -wiring, meters and breaker boxes. B. Invoices shall include itemized records of the following: 1. Work description, location and date of repairs 2. Labor 3. Parts Page 5 of 5 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1056, Electrical Repair Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam Date: March 17, 2017 Authorized Bidder: Advantage Electrical Cont. & Maint. Inc Signature: PAGE 1 OF 1 Cf1/4-016---A: 1. Refer to "instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true, c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description QTY UNIT Unit Price (1-6) % Markup (7) Total Price - On Call Services Electrician Normal Hours (M -F 8:OOam - 5:OOpm to include holidays) 1 Journeyman 110 HRS $70.00 $7.700.00 2 Helper 110 HRS $45.00 $4,950.00 3 Master Electrician 80 . HRS $75.00 $6,000.00 Electrician After Hours (5:01 pm - 7:59am to include holidays and weekends) 4 Journeyman 70 HRS $105.00 $7 350.00 5 1 Helper 70 HRS $ 67.50 $4,725.00 6 Master Electrician 60 HRS $112.50 $6.750.00 7 Material Mark-Up* 10,000 Estimated $ 2,000.00 20% $12,000.00 L Total $49,475.00 +Not: Item 7; calculation is $10,000 X % markup + $10,000 = Total Price Example) $10,000 X 5% = $500 + $10,000 = $10,500 Attachment C: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Utilities — Sunrise RV Park, Wesley Seale Dam & Rincon Pump Station Electrical Repair Services 01/18/17 cg Risk Management Attachment C: Bond Requirements No bond requirements necessary for this service agreement; section 5. (B) is null for this service agreement. Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; section 8. Warranty is null for this services agreement. ti ri-fr+ r Lyo(P wi 8026-3/:xy CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 it there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Advantage Electrical Cont. & Maint. Inc. Corpus Christi, TX United States Certificate Number: 2017-197465 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Corpus Christi Texas 04/24/2017 Date Acknowledged: , 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB/RFP No. 1056 Electrical Repair Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. o X 6 AFFIDAVIT i swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ANNETTE CISNEROS My Notary ID # 130821781 Expires April 15, 2020 `/ Signature of authori Oriof contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn toandsubscribed before me, by the said��Ce6this the Os- day of /, ori / 20 / 7 , to certify which, witness my hand and seal of office. d5 4 1 ./117e1 41,4111 /2/LA/ &s/2//v 5 ND 14't Signature of officer administering oath Printed name of officer administering oath Title of officer 5d ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a�cctexas.com (361) 826-1909 Jay Ellington, Director of Park and Recreation JayEll(c�cctexas.com 361-826-3042 Clarence Wittwer, Director of Utilities ClarenceW(c�cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(a�cctexas.com (361) 826-3169 Purchase of four Kubota RTV 900 Series for Parks and Recreation and Utilities CAPTION: Motion approving the purchase of four Kubota RTV 900 Series from Kubota Tractor Corporation, from Torrance, California, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $62,923.16. Funds are budgeted in FY2016-2017. PURPOSE: This item is to approve the purchase of four Kubota RTV 900 Series for Park and Recreation and Utilities Departments. BACKGROUND AND FINDINGS: All four Kubota RTV 900 Series will be replacements for existing equipment. One will be used by the Water Department at the Wesley Seale Dam, replacing a 14 year old unit. One will be used at the Oso Wastewater Plant replacing a four year old unit. Although the unit is four years old, the unit is heavily corroded due to the location and corrosive nature of the environment at the Oso Plant. The final two will be used by the Park and Recreation Department at North Beach replacing a 12 year old unit and a 10 year old unit which are highly corroded. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Park & Recreation, and Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $292,014.02 $0.00 $292,014.02 Encumbered / Expended Amount $87,886.63 $87,886.63 This item $62,923.16 $0.00 $62,923.16 BALANCE $141,204.23 $0.00 $141,204.23 Fund(s): Water, Wastewater, and General Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. DESCRIPTION Kubota RTV 900 Series **Vendor will pay the BuyBoard Fee QTY. 4 UNIT EA PRICE SHEET KUBOTA RTV 900 Series TLGPC BUYBOARD: 447-14 Kubota Tractor Corporation Torrance, California UNIT PRICE EXTENDED PRICE $15,730.79 $62,923.16 $62,923.16 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of One Peterbilt 320 Chassis with Roll -Off and Three Peterbilt 367 Transfer Tractors for the Solid Waste Operations Department CAPTION: Motion authorizing the City Manager, or designee, to lease -purchase one Peterbilt 320 chassis, with a roll -off and three Peterbilt 367 transfer tractors from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Houston -Galveston Area Council, for a total amount not to exceed $799,455 of which $13,274 is budgeted in General Fund for FY2016-17. Remaining payments will be requested in future years during the normal budget process. PURPOSE: This item is to approve the lease -purchase of one Peterbilt 320 chassis, with a roll -off and three Peterbilt 367 transfer tractors for the Solid Waste Operations Department. BACKGROUND AND FINDINGS: Roll -off trucks haul waste to the Cefe Valenzuela Landfill on a daily basis. The truck will haul large containers which roll on and off its chassis via a cable hauling system. This roll -off truck is replacing an existing roll -off truck that is 10 years old with 13,650 hours. Tractor trucks are used to haul large trailers that contain refuse from the transfer station to the Cefe Valenzuela Landfill. They are used on a daily basis, and because of the short run between the transfer station and the Cefe Valenzuela Landfill, they do not accumulate many miles. However, they are operating virtually constantly and the hours on the machines accumulate rapidly. The first tractor to be replaced has 10,000 hours and ten years' service. The second tractor to be replaced has 10,179 hours and ten years' service. The third tractor to be replaced has 13,700 hours and ten years' service. The current tractor trucks have been used extensively and the three intended replacements will allow us to continue this important solid waste service. The purchase of three tractor trucks for the Solid Waste Department is intended to replace three aging tractor trucks that are well past their service lives. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the Peterbilt 320 truck with roll -off and the three Peterbilt 367 transfer tractors is based on a sixty -month term with an estimated interest rate of 3.75% for an annual estimated payment of $159,291. The total estimated cost over the five-year period, including estimated principal of $725,210 and estimated interest of $71,245 is $796,455. A not to exceed tolerance of $3,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total not to exceed of $799,455. Total Lease -Purchase: Total Allowable Interest for Lease: Grand Total: $725,210.00 $74,245.00 $799,455.00 CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $550,193.12 $786,181.00 $1,336,374.12 Encumbered / Expended Amount $521,307.24 $0.00 $521,307.24 This item $13,274.00 $786,181.00 $799,455.00 BALANCE $15,611.88 $0.00 $15,611.88 Fund(s): General Comments: Delivery of the Peterbilt 320 roll -off truck and the three Peterbilt 367 transfer tractors are not scheduled during FY2016-2017. However, one payment of $13,274 is funded in FY2016-17. The annual estimated payment for the lease -purchases is $159,291 which will be requested in future years during the normal budget process by the Solid Waste Operations Department. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Informal Staff Report — Fleet Replacement Program CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. DESCRIPTION Peterbilt 320 Truck with Galbreth 75K Roll -Off Peterbilt 367 Transfer Tractor Lease -Purchase Cost: **Vendor will pay the H -GAC Fee PRICE SHEET PETERBILT 320 WITH ROLL -OFF PETERBILT 367 TRANSFER TRACTOR H -GAC HT06-16 Rush Truck Centers of Texas, L.P. Houston, Texas UNIT QTY. UNIT PRICE 1 EA $209,327.00 3 EA $171,961.00 Total Lease -Purchase Cost: $725,210.00 Total Estimated Allowable Interest for Lease: $74,245.00 Grand Total: $799,455.00 EXTENDED PRICE $209,327.00 $515,883.00 $725,210.00 INFORMAL STAFF REPORT MEMORANDUM To: Margie Rose, City Manager Through: Sylvia Carrillo -Trevino, Assistant City Manage From: Jim Davis, Director Fleet Maintenance pi Date: 5/25/2017 Subject: Fleet Replacement Program Issue/Problem Purchasing procedures for the acquisition of rolling stock for the City of Corpus Christi are complex, expensive, and must be accomplished with extreme care. The attached report is a discussion that addresses procedures and acquisition methods to ensure timely and effective fleet replacement. Background & Findings The Fleet Replacement Program was created in conjunction with Mercury Associates, Inc. We asked Mercury to generate a study addressing fleet replacement procedures. This was accomplished in conjunction with this Department and the result is in the attached report. .The City of Corpus Christi Fleet Replacement Program envisions a planned vehicle/equipment replacement cycle executed in consonance with the City's Annual Budget. The Fleet Replacement Program will take its direction from and have as its basis the ongoing ten year vehicle replacement plan maintained by Fleet Maintenance. The ultimate goal of the Fleet Replacement Program is to permit Departments to plan, program and budget vehicle replacements annually in a systematic manner based primarily on the Service Life of the vehicle. Conclusion The City has several options regarding vehicle/equipment purchasing. These options are Outright Cash Purchase, Lease Purchase Financing and use of the Sinking Fund (Future Fund). Which method is used depends upon the circumstances extant surrounding the purchase of equipment. The attached report provides a more detailed analysis. Fleet Replacement Program (discussion) Vehicles should be replaced in accordance with the economic theory of optimal vehicle replacement. That is, as a vehicle ages, its capital cost (value) depreciates and its operating costs increase. The combination of these two costs produces a U-shaped total cost curve as seen below. Ideally, a vehicle or piece of equipment should be replaced around the time the rise in annual operating costs begin to outweigh the decline in annual capital costs, i.e., when the two cost curves intersect and the total cost curve begins to turn upward. Economic Theory of Vehicle Replacement TOTAL .�PEP :: IrIG CAPITAL Tonn.r$AG� — L-+rvrst Annual Lest = Ecenomc?opin:6mtnt Poo: The total cost curve is different for every type of vehicle and, indeed, for every individual vehicle of a given type. This variability is caused by differences in the design and engineering of different types of vehicles, in operating environments, in the quality of care vehicles receive, and a variety of other factors. In recognition of this fact, we have developed recommended replacement cycles for both classes and types of vehicles. This is known as "service life" and defines the approximate optimal replacement cycle for most of the units in our fleet. Our service life data was derived from industry standards for virtually all our vehicles. Principles of Effective Fleet Replacement: The key components of an effective fleet replacement program are: 1. Empirically validated vehicle replacement cycle guidelines (published vehicle service life information) that identify when specific types of fleet assets generally should be replaced in order to minimize their life cycle costs (i.e. total cost of ownership). 2. A long term fleet replacement plan (ten year plan) that pinpoints anticipated replacement dates and costs of individual assets based on the application of recommended replacement cycles and quantifies year-to-year, fleet wide replacement costs and future variations therein 3, A capital financing approach that facilitates securing sufficient funds each year to acquire replacement vehicles in accordance with the established and updated replacement plan by making such funding requirements smooth, predictable, and, to the fullest extent possible, invulnerable to competition from other capital funding requests. 4. A short-term replacement prioritization and earmarking process for designating specific vehicles and pieces of equipment to be replaced in the coming fiscal year. Below is a budgeting and funding process discussion that will assist our organization in securing the amount of funds needed each year to execute the replacement plan based on a selected financing approach: This City uses the following methods for financing fleet capital costs: • Outright purchase with cash from appropriations; • Outright purchase with cash accumulated in a Sinking Fund (Future Fund); • Lease purchase financing. An overview of each of these financing methods is detailed below, to include the associated "Advantages" and "Disadvantages". Outright Cash Purchase Using annual, appropriations of cash is a "pay before you go" approach. By this, we mean that the entire capital cost of each asset in the fleet is paid at the beginning of the asset's service life. Advantages • This is an approach that is widely used in the public sector; therefore it is generally accepted in all branches of govemment and by the public. • There is no out-of-pocket interest expense. Disadvantages • It is difficult — usually impossible — to accommodate the annual fluctuations in replacement funding requirements and capabilities that are typical of almost all fleets. • The use of this financing approach almost always leads to sub -optimal replacement decision making. If the marginal cost of replacing a vehicle is the full purchase price of a new vehicle, repairing an old vehicle will always appear to be cheaper than replacing it. • Continually deferring the replacement of vehicles results In an old fleet whose direct total cost of ownership is higher than necessary and whose deteriorating safety, availability, and reliability affect the cost, productivity and safety of operations supported by the fleet. • Continually deferring the replacement of vehicles results in large replacement cost backlogs that become increasingly difficult to overcome and manage. Sinking Fund (Future Fund) Although replacement spending requirements under a sinking fund approach are similar to those required if lease purchase financing is used, replacement funding requirements are different. This is because using a sinking fund permits vehicles' capital costs to be paid for incrementally (after a vehicle is first added to the fleet; the first-time purchase of a vehicle must be paid up front under this financing approach). That is, each year users are charged for a portion of the vehicle's replacement cost (i.e. depreciation plus a replacement surcharge) and this is put into "savings" to pay for the replacement vehicle when the time comes (service life is expired). Fleet users are charged a monthly capital replacement rate to fund the eventual replacement of each vehicle in the fleet. Additions to the fleet (e.g., Police Department adds another patrol vehicle) will be purchased with funds from outside the Future Fund. This Department maintains and administers this City's sinking fund. It should be pointed out that Future Fund purchases are always outright purchases and do not involve lease purchase financing, that is, the incremental payments have already been made. Advantages • Funding requirements do not fluctuate significantly from year to year because using a sinking fund permits the capital costs of vehicles to be paid for incrementally. • Sinking funds are often less of an annual target for decision makers who sometimes equate requests for capital appropriations with discretionary or quasi -discretionary spending needs. • Payment of regular charges for the use of each vehicle in the fleet encourages fleet user organizations to pay attention to the vehicle type and utilization levels. (In contrast to the cash financing approach where this cost is "hidden" for end users). Disadvantages • Requires rigorous and administratively complex fund management procedures, including proper development and execution of charge -back rates, to ensure reserve fund inflows and balances are sufficient to meet replacement spending outflows and schedules. • The cash in the sinking fund to purchase replacement vehicles is subject to being "raided" (or simply not used, usually out of an overabundance of caution) when budget dollars get tight. • Sinking funds are prohibitively expensive to establish where no fleet currently exists or if there already is a large backlog of fleet replacement needs. This is because a large amount of cash must be deposited in the fund up -front, or internal lease rates must be set artificially high to generate the working capital needed by the fund to start paying for the purchase of replacement vehicles. Fleet growth (additions to meet service demands) may also produce similar needs for up -front capital. Despite the negatives cited above, sinking funds are superior to the cash approach in terms of sustaining replacement programs in the public sector and they work well for many govemment jurisdictions. Lease Purchase Financing Like a sinking fund, lease purchase financing allows organizations to spread the capital costs of fleet replacement purchases over the service lives of the vehicles in the fleet. However, rather than accumulating cash in a sinking fund to pay for replacement vehicle purchases, this approach involves borrowing money from a financial institution and repaying it after vehicles have been placed in service. This pay-as-you-go approach frees up cash to meet other needs and eliminates the need to develop a fleet -replacement reserve fund. While spending requirements may vary, lease purchase financing makes year-to-year funding requirements predictable by spreading the capital cost of each asset in the fleet over its useful life or match the financing to the terms of the loan. It also eliminates most of the year-to-year volatility in replacement funding requirements. As a result, the likelihood that fleet replacement spending will be subordinated to other priorities and needs, particularly during lean budget years, is dramatically reduced. Advantages • As with a sinking fund, lease purchase financing allows organizations to spread out the capital costs of fleet replacement purchases over the terms of the loan (usually five years). This eliminates most of the year-to-year volatility in replacement funding requirements, and reduces the likelihood that fleet replacement spending will be subordinated to other priorities and needs, particularly during lean budget years. • Allows the cost of money (i.e., interest charges) to be passed on appropriately to all programs. • If loan or lease payments are made by fleet user agencies directly or via an internal cost charge -back system, greater attention to vehicle selection and utilization will occur. • Provides flexibility to respond to programs' needs for additional vehicles without requirement of up front capital. • Moves the financing of fleet vehicles into the business arena and out of the political arena where fleet replacement must compete with other priorities for capital funds. Disadvantages • One of the perceived drawbacks of lease purchase financing is the cost of borrowing money; i.e., real or imputed interest charges. There is no question that interest charges increase the total capital cost of a vehicle. However, to the extent that lease purchase financing enables an organization to replace vehicles that it otherwise would keep in service for excessive periods of time, interest payments actually result in lower vehicle life -cycle costs. • Another perceived drawback involves ownership of the vehicle. With some debt instruments, clear title to the vehicle does not occur until the loan has been paid off. In practical application, there is no disadvantage to this. Holding the title does not provide any operational advantage. Lease purchase financing is starting to appear more and more in the public sector, and offers a promising alternative for jurisdictions that have the ability to incur long term debt for this purpose. Given the current economic climate and the value of timely vehicle replacement, we believe that for many public -sector jurisdictions lease purchase financing will continue to grow, and become the generally accepted and preferred mechanism to finance vehicle replacement. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 30, 2017 Action Item for the City Council Meeting of June 13, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director of Human Resources SteveV(c�cctexas.com (361) 826-3441 Kim Baker, Assistant Director of Finance — Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Amendment of Subscription Service Licenses for the Human Resources Department - ELearning CAPTION: Motion authorizing the City Manager or designee to execute an amendment for the continuation of subscription service licenses with OpenSesame, Inc., of Portland Oregon, based on a sole source for a total amount not -to -exceed $203,400 for the subscription service of three years. Funds are available in the Human Resources FY 2016-2017 budget for the first of three annual expenditures of $67,800. PURPOSE: To provide subscription licenses of OpenSesame Plus annual subscription to a curated offering of 3,500+ courses to be delivered through INFOR Certpoint, Learning Management System and is compatible with and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. BACKGROUND AND FINDINGS: The City of Corpus Christi currently offers OpenSesame Plus subscription with a purchase of 3,000 licenses as approved during the pilot program phase started in June 2014. With the success of this pilot, providing the City of Corpus Christi with access to OpenSesame Plus' cost-effective training option will keep our workforce on the latest functionality so they can get the training they need quickly and easily. As soon as INFOR LMS and OpenSesame are implemented and tested compatibility, we will begin offering the access City-wide as part of our goal to provide new employee orientation on -demand and on -demand access to training. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed purchase confirms with City purchasing policies and procedures. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Human Resources Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $117,000 $135,600 $252,600 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $67,800 $135,600 $203,400 BALANCE $49,200 $0.00 $49,200 Fund(s): General Fund Comments: Three annual payments of $67,800.00 to be made. The initial payment will be invoiced upon execution. The second and third payments will be invoiced at the one and two year anniversaries of this Sales Order. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Pricing Sheet Amendment Renewal CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ ITEM DESCRIPTION QTY QTY PRICE SHEET ELEARNING SUBSCRIPTION ANNUAL PRICE YEARS OpenSesame Portland, OR TOTAL PRICE Curated subscriptions to 3,500+ courses 3,000 $22.60 $67,800.00 3 $203,400.00 Amendment City of Corpus Christi Purchasing Department Date: May 16, 2017 Amendment No. 1 The CITY OF CORPUS CHRISTI, TEXAS, and OpenSesame, Inc., Portland, Oregon do hereby make and enter into this Amendment which, together with the OpenSesame Sales Order No. Q-00785-1 and all other duly executed Agreements, constitutes the entire agreement under the above -referenced OpenSesame Sales Order between the City of Corpus Christi and the OpenSesame, Inc. 1. This Amendment establishes the Agreement performance dates under OpenSesame Sales Order No. Q-00785-1 as follows; Agreement Performance Dates - 05/30/2017-05/29/2020 2. This Amendment deletes the autorenewal clause under the above -referenced OpenSesame Sales Order. This Agreement does not auto -renew and is revised to read as follows: If you are purchasing an annual or multi-year OpenSesame Plus subscription, the initial term of this Sales Order shall be coextensive with the purchased license term, starting from the date of delivery of course files to Customer, -and -shall -automatically renewfor subsequent 42 month terms. Gustemermay-erminate any subsequent term by reviling day's --written Petise before oemmencement thereof. 3. This Amendment adds a non -appropriation clause to OpenSesame Sales Order No. Q-00785-1 to read as follows: NON -APPROPRIATION The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. OpenSesame, Inc and the City of Corpus Christi agree to and shall abide by all terms and conditions of the OpenSesame Sales Order No. Q-00785-1, to the extent they are not in conflict with the terms of this Amendment. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Amendment B. OpenSesame Sales Order No. Q-00785-1 C. Exhibit D. OpenSesame Order No. CCO21215 Toi' Timb4G' Tom Turnbull (May 24, 2017) Tom Turnbull Date Maria Pedraza Date OpenSesame, Inc. Procurement Manager City of Corpus Christi, Texas May 24, 2017 APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) OpenSesame OpenSesame Inc. 1520 NW Davis St, Suite 200, Portlancl, OR 97209 I (503) 808-1268 Sales Order No. Date: Expires on: Q-00785-1 2/8/2017 3/5/2017 Customer / Billing Contact. City of Corpus Christi / Liza Wisner Billing Address: Liza Wisner 1201 Leopard Street #2130 City: Corpus Christi State: TX Zip: 78401 Phone, (361) 826-3336 Email: lizaw@cctexas.com Sales Order Start Date: Sooner of course delivery or 90 days from signature Billing Date: Upon signature OpenSesame Curated subscription to 3,500+ Plus courses. $22.60 3 yrs $67,800.00 $203,400.00 $201400.00 Payment Due: $67,800.00 Three annual payments of $67,800.00 to be made. The initial payment will be invoiced upon execution. The second and third payments will be invoiced at the one and two year anniversaries of this Sales Order. Terms & Conditions PAYMENT TERMS NET 10 FROM DATE OF INVOICE. INVOICE SENT UPON EXECUTION HEREOF. If you are purchasing a Standard License, the term of this Sales Order shall be 12 months from the date of delivery of course files to Customer and shall not auto -renew. If you are purchasing a monthly OpenSesame Plus subscription, the term of this Sales Order shall be monthly and shall automatically renew for subsequent monthly terms. Customer may terminate by providing 30 days' written notice. If you are purchasing an annual or multi-year OpenSesame Plus subscription, the initial term of this Sales Order shall be coextensive with the purchased license term, starting from the date of delivery of course files to Customer, and shall automatically renew for subsequent 12 month terms. Customer may terminate any subsequent term by providing 30 day's written notice before commencement thereof. If you are purchasing a Site License, Pay Per Use program, or OpenSesame Books, then the term of this Sales Order shall be 12 months from the date of delivery of course files to Customer and shall automatically renew for subsequent 12 month terms. Customer may terminate any subsequent term by providing 30 day's written notice before commencement thereof. OpenSesame reserves the right to disable courses and terminate this Sales Order in the event of late payment. This Sales Order is subject to the terms and conditions in Exhibit A. Signature: TO1P. T"'"ZZ Torn Tumbull (Feb 8, 2017) Email: tom.turnbull@opensesame.com VP, Business and Legal Affairs Page 1 of 1 OpenSesame OPENSESAME INC 1520 NW Davis #200, Portland, OR 97209 1 (503) 808-1268 EXHIBIT A Buyer Terms If you purchase courses via OpenSesame from any Seller in the marketplace, you will be responsible to pay the fee associated with such courses and any applicable taxes. You agree to pay for all courses purchased through the OpenSesame system. What You Are Buying When you purchase a course, you are purchasing a non-exclusive license to use that course consistent with the purchased license type. Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property, software and goodwill relating to the course will remain with the Seller. All course seats are sold for single person usage only and not to be broadcast, or otherwise shared. If you choose to load course files in a third party delivery platform, such as a learning management system, it is your duty to load, categorize, and assign courses. OpenSesame's implementation obligations end once such course files are made available for download. You agree not to copy, record, edit or alter or otherwise interfere with the courses provided by the Seller. This shall include without limitation: a) not using recording equipment to record during playback of the courses; b) not overlaying the courses with other audio, video or images or distorting the quality of the training programs; and c) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the courses. You agree not to (or attempt to) interfere with or disrupt the proper operation of the Seller's or OpenSesame's software, hardware, systems or networks or courses, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including (without limitation) corrupted files or files that contain viruses, trojans, worms, spyware or other malicious content. You may not use the courses for any purpose other than for the purpose for which it has been provided and you agree not to use the courses for illegal or inappropriate purposes. In particular, you agree that you will not use the courses to do any of the following: a) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; b) carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; or c) falsify the origin or source of any content or other material. 77 TT 1 OpenSesame OPENSESAME INC I 520 NW Davis #200, Portland, OR 97209 1 (503) 808-1268 Your right to access and use the courses may not be assigned, transferred or sublicensed by you. Any courses provided at no cost as part of a promotional program or the sales process may be removed or substituted at will. Individual Course Purchase Licenses When you purchase individual courses, or course bundles, users will have twelve (12) months from the date of purchase to access any individual course. Users will thereafter have twelve (12) additional months of access for such course(s). Site License Purchases When you purchase a site license an unlimited number of users, from an individual company (limited to a single Internet domain) may access the course for twelve (12) months from purchase (when the order is completed). Pay Per Use Licenses Courses purchased via a Pay Per User license (available via OpenSesame sales representative only) pay for courses that are accessed by users. Courses are deemed accessed when the greater of more than two (2) minutes or 50% of a course is taken. OpenSesame Plus (Plus) Subscription Licenses Single Plus purchasers may access an unlimited number of courses made available via the Plus subscription while the subscription fee, whether it be monthly or annual, is current. The Plus library is a specific subset of OpenSesame courses and is subject to change from time to time at OpenSesame's discretion. OpenSesame Basics Subscription Licenses OpenSesame Basics is sold on an annual basis, and OpenSesame Basics purchasers may access all OpenSesame Basics courses on an unlimited basis during the annual term. The OpenSesame Basics library is a specific subset of OpenSesame courses and is subject to change from time to time at OpenSesame's discretion. E 2 1 OpenSesame OPENSESAME INC 1 520 NW Davis #200, Portland, OR 97209 1 (503) 808-1268 No Liability OpenSesame, and its Sellers, are not liable for, nor do OpenSesame and its Sellers warrant the courses provided by any Seller via the OpenSesame marketplace. OpenSesame and its Sellers disclaim any and all responsibility or liability for the content, completeness, accuracy, legality, non -infringement, reliability, or availability of information or materials displayed on, or delivered via OpenSesame. You are responsible for conducting your own research before choosing a course. This is the case even in the event that you request assistance from OpenSesame in selecting courses. OpenSesame's cumulative liability for any claim will be limited to the fees received via the sale of courses over the preceding 12 months. Course Substitutions and Refunds OpenSesame retains the right to substitute substantially similar courses for those initially selected as necessary. OpenSesame also reserves the right to remove courses from the OpenSesame marketplace. In the event that a purchased course is removed, OpenSesame shall issue a pro rata refund of the purchase price for such course. OpenSesame generally reserves the right to cancel an order and refund your money for any reason, including the case where course pricing was published in error. Publicity You agree, if requested, to supply your logo for inclusion on the OpenSesame website and printed marketing materials; to provide a customer testimonial for use on the OpenSesame website and printed marketing materials; and to provide such other marketing measures as separately agreed between the parties in writing. 3 r.; OpenSesame OPENSESAME INC 1520 NW Davis #200, Portland, OR 97209 I (503) 808-1268 Order No. CCO21215 Date: 12 February 2015 Customer / Billing Contact: City of Corpus Christi / Liza Wisner Billing Address : 1201 Leopard St, #2130, City Hall, 2nd Floor City: Corpus Christi State: TX Zip: 78401 Phone: 361-239-8760 Email: LizaW@cctexas.com RECURRING CHARGES ITEM DESCRIPTION OpenSesame Plus Annual Subscription to a curated offering of -3.000 courses Payment Method: = Credit Card = ACH = Check START DATE: Upon Course Delivery PRICE QTY TOTAL $24.86 3,000 TOTAL AMOUNT $74,580.00 $74,580.00 CUSTOMER Terms & conditions Ownership of courses will not be transferred to Customer. Customer shall have the right to use the courses consistent with the license purchased for such courses. OpenSesame and its Sellers are not liable nor do OpenSesame and its Sellers warrant the courses provided by any Seller via the OpenSesame �c me -" ;« cdio ,,;«u;,,, anu and all responsibility or eliability, or availability 2015-052 ,penSesame. Customer losing a course. This is 3/24/15 nce from Opensesame M2015-028 OpenSesame Inc. OPENSESAME INC Signature: 741"1--5171/1"‘-r14 -"a =eb2b 20'5` Email: tom.turnbull@opensesame.com VP OpenSesame retains the right to substitute substantially similar courses for those initially selected as necessary. The term of this Sales Order shall be 12 months from the date of delivery of course files to Customer. OpenSesame reserves the right to disable courses and terminate this sales Order in the event of late payment. This Sales Order is subject to the terms and conditions found in exhibit A (Terms and Conditions) and exhibit B (Privacy Policy). INDEXED EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CUSTOMER CITY F CORPUS CHRISTI Ronald Olso City Manager Date ATTEST: Rebecca Huerta City Secretary Date 3/15 - APPROVED AS TO FORM: 7A01) 11-1 -Ix Buck Brice Assistant City Attorney For City Attorney (Date) OPENSESAME INC 77.0. a5 Mon -,as _...t_ =EC 25 _J1.^ Tom Turnbull Vice President Feb 25, 2015 Date oto\ 5 ti ZCAUI „uhi. IT COMM TLF- SE_( rAVY Page 2 of 10 Exhibit A Terms and Conditions General Terms Before getting started. please review the following terms. Please note that as a Buyer or Seller of content via the OpenSesame marketplace you must review and agree to separate terms, You will be presented with such terms at the time you either purchase courses or go through the process of adding content for sale via OpenSesame. Assuming you agree to all terms. please acknowledge by accepting below. By agreeing to these terms. Iyou are also agreeing to the OpenSesame Privacy Policy_found in exhibit B. The general terms of service. separate Buyer and Seller terns. and/or the privacy policy can be changed where both parties agree in writing when such terms do not substantially modify the terms of the agreement. Registration You understand and agree to the following: 1. You must use a valid e-mail address and create a username during the registration process. 2. You are responsible for all uses of your account. You must keep your password confidential. We may refuse. at our sole discretion. to allow you to register a usemame that is trademarked. inappropriate. or impersonates another individual. 3. You agree to let OpenSesame immediately know of any unauthorized use of your account. 4. If you are less than 13 years old. you may not use OpenSesame. If you are between 13 and 17 years old. then you must have parental consent to use this service. By registering for OpenSesame. you are indicating that you have the capacity to understand these Tereus of Service. OpenSesame will not be held liable for any loss or damage for non-compliance. 5. You understand and agree that OpenSesame does not control. verify or endorse Courses unless explicitly stated. 6. When registering with OpenSesame. you must provide. and maintain. accurate. current. and complete information about yourself. 7. OpenSesame reserves the right to refuse the service to any user. Deactivation You can deactivate. or terminate. your account at any time and for any reason. OpenSesame can also deactivate. or terminate. your account at any time and for any reason. We also reserve the right to use any Page 3 of 10 Exhibit A means (legal. operational. or technological) available to enforce these terms. Once deactivation occurs. your rights to access the OpenSesame marketplace will cease to exist. Your Warranties You warrant and represent to OpenSesame that you are: 1. Not a minor and you have the legal right and ability to agree to and abide by these terms, or: 2. If you are between the ages of 13 and 17 that you have parental consent and agreement to use the OpenSesame marketplace: 3. You hold and will continue to hold all the ownership. license. proprietary, and other rights necessary to enter into. authorize. grant rights. and perform your obligations under these terms. Other Terms These terms shall be governed in all respects by the laws of the State of Texas. USA. and any disputes arising hereunder shall be submitted to state and federal courts in Nueces County. Texas and you agree to and consent to the exclusive jurisdiction of such courts. If any of these terms are deemed invalid. then the remaining terms shall still be enforced. OpenSesame is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond OpenSesame's reasonable control. Official correspondence must be sent via email to: info@opensesame.com. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live. These teams. including Buyer and Seller terms that you may separately agree to as part of registering to do business with OpenSesame, represent the complete. entire, and exclusive understanding and agreement between you and OpenSesame. These terms supersedes all prior. written or oral. understandings or agreements. Bayer Terms If you purchase courses via OpenSesame from any Seller in the marketplace. you will be responsible to pay the fee associated with such courses and any applicable taxes. You agree to pay for all courses purchased through the OpenSesame system. What You Are Buying When you purchase a course. you are purchasing a non-exclusive license to use that course consistent with the purchased license type. Ownership of all intellectual property rights. including all copyright. trademarks. designs and patents whether registered or unregistered. and all other intellectual property. Page 4 of 10 Exhibit A software and goodwill relating to the course will remain with the Seller. All course seats are sold for single person usage only and not to be broadcast. or otherwise shared. You agree not to copy. record. edit or alter or otherwise interfere with the courses provided by the Seller. This shall include without limitation: a) not using recording equipment to record during playback of the courses: b) not overlaying the coarses with other audio. video or images or distorting the quality of the training programmes: and c) not removing. editing or otherwise interfering with (or attempting to remove. edit or otherwise interfere with) any names. marks. logos or branding on the courses. You agree not to (or attempt to) interfere with or disrupt the proper operation of the Seller's or OpenSesame's software, hardware. systems or networks or courses. including (but not limited to) not knowingly or negligently transmitting files that may interrupt. damage. destroy or limit the functionality of any computer software. hardware. systems or networks. including (without limitation) corltpted files or files that contain viruses. trojans. worms. spyware or other malicious content. You may not use the courses for any purpose other than for the purpose for which it has been provided and you agree not to use the courses for illegal or inappropriate purposes. In particular. you agree that you will not use the courses to do any of the following: a) convey any false. unlawful. harassing. defamatory. abusive. hateful. racial. threatening. harmful. vulgar. obscene. seditious or otherwise objectionable or offensive material of any kind or nature: b) carry out any commercial business. send any unsolicited commercial mails. advertise or offer to sell any goods or services or conduct or forward surveys. contests or chain letters: or c) falsify the origin or source of any content or other material. Your right to access and use the courses may not be assigned. transferred or sublicensed by you. Individual Course Purchase Licenses When you purchase individual courses. or course bundles. users will have twelve (12) months from the date of purchase to access any individual course. Users will thereafter have twelve (12) additional months of access for such course(s). Site License Purchases When you purchase a site license an unlimited number of users. from an individual company (limited to a single Internet domain) may access the course for twelve (12) months from purchase (when the order is completed). Pay Per Use Licenses Page 5 of 10 Exhibit A Courses purchased via a Pay Per User license (available via OpenSesame sales representative only) pay for courses that are accessed by users. Courses are deemed accessed when the greater of more than two (2) minutes or SO% of a course is taken. OpenSesame Plus (Plus) Subscription Licenses Single Plus purchasers may access an unlimited number of courses made available via the Plus subscription while the subscription fee. whether it be monthly or annual. is current. The Plus library is a specific subset of OpenSesame courses and is subject to change from time to time at OpenSesame's discretion. No Liability OpenSesame. and its Sellers. are not liable for. nor do OpenSesame and its Sellers warrant the courses provided by any Seller via the OpenSesame marketplace. OpenSesame and its Sellers disclaim any and all responsibility or liability for the content, completeness. accuracy. legality. non -infringement. reliability. or availability of information or materials displayed on. or delivered via OpenSesame. You are responsible for conducting your own research before choosing a course. This is the case even in the event that you request assistance from OpenSesame in selecting courses. OpenSesame's cumulative liability for any claim will be limited to the fees received via the sale of courses over the preceding 12 months. Course Substitutions OpenSesame retains the right to substitute substantially similar courses for those initially selected as necessary. OpenSesame also reserves the right to remove courses from the OpenSesame marketplace. In the event that a purchased course is removed. OpenSesame shall issue a pro rata refund of the purchase price for such course. Page 6 of 10 Exhibit B Privacy Policy OpenSesame Values Your Privacy This Privacy Policy (this "Policy") describes how OpenSesame Inc. ("OpenSesame"). treats information collected from you at the OpenSesame web site (http:liwww.opensesame.com) (the "Site") and how it uses and discloses such information. By accessing the Site. you consent to the collection. use and disclosure of your information in accordance with the terms of this Policy. If you do not wish your information to be collected. used or disclosed in the manners described in this Policy. please do not access the Site or make use of OpenSesame's training services and related goods. OpenSesame may collect two types of information 1. Aggregate Information. For purposes of this Policy. information that is anonymous. aggregate information (such as pages visited on the Site. browser type. referring URL, IP address) will be referred to as "Aggregate Information." Aggregate Information is not connected to you or to any other personally -identifiable information relating to you. 2. Personal Information. For purposes of this Policy. personally -identifiable information that is connected to you or other personally -identifiable information relating to you. including. but not limited to your name. billing address. payment information. home address. electrical license information. telephone number. e-mail address. birth date. or gender. will be referred to as "Personal Information." Children under 13 OpenSesame complies with requirements of the Children's Online Privacy Protection Act (COPPA) and the FTC's Rule interpreting COPPA (16 CFR § 512). The Site is not directed to children of any age and OpenSesame does not knowingly collect any Personal Information from children under 13 years in any manner. Use of Information 1. Aggregate Information. OpenSesame uses Aggregate Information only to generate statistical reports. such as reports about the use of the Site. Such reports are used to make the Site better meet your needs or to allow OpenSesame to better conduct its business. Page 7 of 10 Exhibit B 2. Personal Information. OpenSesame uses Personal Information to fulfill your requests for certain products and services: to customize the content you see: and to contact you about specials and new products. OpenSesame reserves the right to use third party providers to assist in providing services such as shipping. credit card processing, and communication regarding OpenSesame's services. When OpenSesame uses third parties such as these. OpenSesanie requires that the third parties comply with this Policy and any other appropriate confidentiality and security measures. OpenSesame may also share Personal Information with third parties in limited circumstances. including when complying with legal process. preventing fraud or inuninent harm. and ensuring the security of OpenSesame's network and services. Disclosures of Information 1. Personal Information. OpenSesame does not sell. rent or share personally -identifiable information to or with any third party not affiliated with or owned by OpenSesame. except that OpenSesame may disclose such information to service providers who may assist OpenSesame in providing services to you or in such areas reporting the completion of certain types of training. OpenSesame will disclose your personal infonnation to third parties when you give us permission to do so. If you create a public profile on OpenSesame. any information you include in that profile will be disclosed publicly. 2. Aggregate Information. Aggregate infon nation is used solely for internal purposes to help OpenSesame improve its users' experience at the Site and to better provide its services to you. 3. Cookies. OpenSesame may use "cookies" to recognize and count new visitors and to acquire Aggregate Information that lets OpenSesame analyze traffic patterns and none the performance and functionality of the Site. A cookie is a file that is placed on your hard drive when you visit a web site. It contains specific information that allows the Site to "recognize" your computer the next time you visit. The most important use for cookies is to eliminate the need for you to re- enter your information every time you visit the Site. Most browsers accept cookies by default. but you can turn off cookies using your browser settings. To learn how, see: for Microsoft Internet Explorer users. www.microsoft.com/infoicookies.htm: for Firefox users. http:// mozilla.gu nears.net/firefox_help_frefox_cookie nrtorial.html. If you turn off cookies. certain Site features may no longer work or may work differently. Please note that when you accept a cookie from the Site. OpenSesame does not gain access to your hard drive or personal information other than the information you have provided to us. OpenSesame does not provide cookie information to any third party. Page 8 of 10 Exhibit B 4. Disclosure as Required by Law. OpenSesame will disclose user Personal Information when required by law or if OpenSesame has a good -faith belief that such action is necessary to comply with a current judicial proceeding. a court order or legal process served on OpenSesame. 5. Business Transition. In the event OpenSesame goes through a business transition. such as a merger. acquisition by another company or a sale of a portion of OpenSesame's assets. our customers' Personal Information may be part of the assets transferred. Disclosure of users' Personal Information in such a situation. or in contemplation of such a situation, shall be deemed consistent with this Policy. However. such a transfer may result in a change in this Policy, and you are advised and strongly encouraged to review this Policy frequently. Links The Site contains or may contain links to other web sites. OpenSesame is not responsible for the privacy practices or content of these other web sites. This Policy applies solely to information collected by the Site. OpenSesame encourages you to be aware when you leave the Site and to read the privacy statements of each and every web site that collects Personally Information. Security OpenSesame takes commercially -reasonable precautions to protect your information. However. given the nature of the Internet and the fact that network security measures are not infallible. OpenSesame cannot guarantee the security of Personal Information submitted through the Site. OpenSesame also makes an off-line effort to protect your Personal Information. OpenSesame makes conunercially-reasonable efforts to restrict access to Personal Information to employees who need the information to perform a specific job. OpenSesame maintains conunercially-reasonable physical, electronic and managerial procedures to safeguard the Personal Information OpenSesame collects. Contacting, Updating and Opting Out You may use the contact information provided below to request a change in your Personal Information (such as address correction) or to have your Personal Information removed from OpenSesame's database. OpenSesame will correct. update. or remove your Personal Information according to your request. You may also use the contact information below if you have any questions. continents or complaints about this Policy or your dealings with the Site. OpenSesame infoCOpenSesame.com 2828 SW Corbett Ave.. Suite 135. Portland. OR 97201 United States of America (503) 808-1268 U.S. - EU Safe Harbor Privacy Statement Page 9 of 10 Exhibit B OpenSesame complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection. use. and retention of personal information from European Union member countries and Switzerland. OpenSesame has certified that it adheres to the Safe Harbor Privacy Principles of notice. choice. onward transfer. security. data integrity. access. and enforcement. To learn more about the Safe Harbor program. and to view OpenSesame's certification. please visit http://www.export.gov/safeharbor/ In compliance with the US -EU and US -Swiss Safe Harbor Principles. OpenSesame commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact OpenSesame at info@OpenSesame.com 2828 SW Corbett Ave.. Suite 135. Portland. OR 97201 United States of America (503) 808-1268. OpenSesame has further committed to refer unresolved privacy complaints under the US -EU and US - Swiss Safe Harbor Principles to an independent dispute resolution mechanism. the BBB EU SAFE HARBOR operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint. or if your complaint is not satisfactorily addressed by OpenSesame. please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint. Policy Changes OpenSesame reserves the right to make. at its sole discretion. any changes. modifications. additions or deletions to all or portions of this Policy at any time. OpenSesame recommends that you review this Policy frequently. If OpenSesame makes a material change to this Policy. OpenSesame will notify you by standard mail or e-mail. or by clear notice on OpenSesame's home page. The changes will not be effective against you until the notice has been provided and you have assented to the change through continued use of the Site. Traveling Beyond the OpenSesame Internet Portal As a trade -specific portal. this Site provides you with a doorway to the Internet. When you travel beyond this Site. OpenSesame advises you to browse carefully. This Policy does not apply to the practices of companies that OpenSesame does not own or control. or to people that OpenSesame does not employ or manage. OpenSesame recommends that you read the Federal Trade Commission reports and discussions regarding privacy and security located at: http://www.ftc,gov/bcp/menus/consumer/tech/privacy.shtm Page 10 of 10 Notarize ID: P39ZR4NX Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-197568 Date Filed: 04/24/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. OpenSesame Inc. Portland, OR United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Q-00785-1 Elearning courses 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary NONE AT ALL. NONE NONE NONE 5 Check only if there is NO Interested Party. X \\\\\\\\111111/I/// 6 AFFIDAVIT_ �\\o� vp,,ZJINgF j p Y p l y �� � � i I swear, or affirm, under enalt of er ur that the above disclosure is true and correct. Y �\ ,�.0SAR/Z�. i 2 • _ ° ill :W 2: r D = .i.4 : .< --• grAidop,441 ti,. 100,06pae �+,o \ esNaN.e a36°01. QJ O Signature of authorized agent of contracting business entity , this the 24th day of April , C N O i AFFIX NOTARY STAivi `DEAL ABOVE State of Virginia; County of Campbell Sworn to and subscribed before me, by the said Thomas Turnbull 20 17 , to certify which, witness my hand and seal of office. D Finley Electronic Notary Public \ 11 Pleuni Clazina Signature officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM for the City Council Meeting of May 30, 2017 DATE: TO: Margie C. Rose, City Manager May 1,2017 THROUGH: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com 361-826-3082 FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG@cctexas.com 361-826-1718 UPDATE TO CITY COUNCIL Stormwater Quality STAFF PRESENTER(S): Name Title/Position Department 1. Dan Grimsbo Interim Executive Director of Utilities Utilities 2. Temple Williamson Acting Assistant Director of Wastewater Treatment Utilities OUTSIDE PRESENTER(S): Name Title/Position Oraanization n/a BACKGROUND: This presentation will provide an update on Stormwater Quality. LIST OF SUPPORTING DOCUMENTS: Presentation Stormwater Quality Management Council Presentation May 30, 2017 Existing Practices ➢ Inspections ➢ Construction ➢ Industrial Facilities ➢ Enforcement ➢ Litter and Cleanliness ➢ Compliance ➢ Public Education and Outreach ➢ Operations ➢ Downtown Catch Basins cleaned quarterly (321 Inlets) ➢ All other Catch Basins cleaned on 2 Year Cycle (18,000 Inlets) ➢ Street Sweeping: 1/3 Arterials in Basin every 30 Days Study Area Floatable Sources Commercially Available Products ➢ Upstream — At inlet level to keep floatables out of storm sewer system ➢ Midstream — Within existing storm sewer system to capture floatables ➢ Downstream — At the outfall to capture floatables existing storm sewer system Upstream Devices Aeration —► Ewen !lox lath Treemerelexe Inlet Screens Inlet Baskets • Floatables collect in basket • Overflow bypass Connector Pipe Screens • Floatables collect inside catch basin • Overflow bypass opening Midstream Devices Baffle Boxes • - Hinged trash screens at the top • - Floatables capture cage a Hydrodynamic Separators • - Separate floatables chambers • - Vortex flow of helps clean screen Downstream Devices Gross Solids Removal Devices • Floatables collected in cages Pipe Netting • Floatables collected in nylon mesh nets • Nets are single use Containment Booms • Floatables collected by filtration curtains Floatable Strategy - Today > Implement the recommended Institutional Controls: Trash Cans — Parks/Bus Stops > Street Sweeping Program (All Arterials on 10 Day Cycle) > Upstream - Catch Basin Inserts in High Floatable Areas Catch Basin Inserts = INLET BASKET INSPECTION MI Inlet Basket Installation Areas Collected from 31 Sites How Residents Can Help Bag and place yard waste in trash bins 0 Ensure trash and recycle bins are secure 0 Report illegal dumping to 826 -CITY (2489) ii• Use reusable cups whenever possible Use reusable grocery bags when possible