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Agenda Packet City Council - 10/16/2018
City Council City of Corpus Christi Meeting Agenda - Final 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, October 16, 2018 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 inglés es limitado, habrá un intérprete inglés-español 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 Deacon Mark Arnold, Diocese of Corpus Christi. C.Pledge of Allegiance to the Flag of the United States to be led by Assistant Chief David Blackmon, Corpus Christi Police Department. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.18-1289 Proclamation declaring October 16, 2018, "Ready4K Day". Proclamation declaring October 24, 2018, "HELP Hits the High Notes Day". Proclamation declaring October 19-21, 2018, "58th Annual Texas Jazz Festival Days". Proclamation declaring October 23-31, 2018, "Red Ribbon Week". Proclamation declaring October 2018, "National Disability Employment Awareness Month". Page 1 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.STRATEGIC FUTURE ISSUES b.CITY PERFORMANCE REPORT - SOLID WASTE SERVICES c.OTHER G.MINUTES: 2.18-1300 Regular Meeting of October 9, 2018 and Special Meeting of October 9, 2018. Minutes - October 9, 2018 Minutes - October 9, 2018 (Special) Attachments: 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. All items on this agenda are considered public hearings. Page 2 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final 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 - 14) 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. 3.18-1249 Authorizing Use of Type B Arterial and Collector Funds for Three Streets (Requires 2/3 Vote) Motion authorizing the use of up to $10,550,000 in Type B arterial and collector funds for three street projects: Slough Road from Amethyst Drive to Rodd Field Road, Everhart Road from Holly Road to South Padre Island Drive, and Holly Road from Ennis Joslin Road to Rodd Field Road. Agenda Memo - Three Streets Resolution 10_16_18 FY-2018-2019-Proposed-Budget-Online-New Attachments: 4.18-1214 Construction Contract for Flato Road from Agnes Street to Bates Road (Bond 2014, Proposition 2) (Requires 2/3 Vote) Motion to authorize execution of a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete (PCC)) for Flato Road from Agnes Street to Bates Road project. Agenda Memo - Flato Project Budget - Flato Location Map v1 Presentation - Flato Road Attachments: Page 3 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final Engr Award Recommendation - Flato Rd 5.18-1209 Professional Services Contract Amendment No. 7 for the O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 7 to a Professional Services Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $242,065.00 for a total restated fee of $2,762,567.91 for O.N. Stevens Water Treatment Plant High Service Building No. 3 project. Agenda Memo - ONS WTP High Service Building No. 3, LNV Amd 7 Project Budget - ONS WTP High Service Building No. 3, LNV Amd 7.xls Location Map - ONS WTP High Service Building No. 3, LNV Amd 7.pdf Presentation - ONS WTP High Service Building No. 3, LNV Amd 7 Contract - E11066 LNV Amd 7 Attachments: 6.18-1125 Service Agreement for Chemical Analysis Services for Utilities (Requires 2/3 Vote) Motion authorizing a four-year service agreement with Analysys, Inc., of Austin, Texas for the chemical analysis at the Water Utilities Lab, Pretreatment, and Wastewater Division of Utilities Department for the total amount not to exceed $269,776. Agenda Memo- Chemical Analysis Bid Tabulation- Chemical Analysis for Utilities Department Service Agreement Chemical analysis for Utilities Department Attachments: 7.18-1211 Real Estate Contract for land purchase at Corpus Christi International Airport (Requires 2/3 Vote) Motion to authorize execution of a real estate sales contract with Patrick William Kelly, III and Carol Lynn Gillingham in the amount of $235,200 plus $2,700 in estimated closing costs for acquisition of 50.535 acres of land including mineral rights, located on Joe Mireur Road (FM763), south of Corpus Christi International Airport for airport land expansion and other purposes. Agenda memo - 2018 CCIA Land Acquisition Project Location Map - 2018 CCIA Land Acquisition Project.pdf Contract - 2018 CCIA Land Acquisition Project Presentation - 2018 CCIA Land Acquisition Project Attachments: 8.18-1234 Second Reading Ordinance - Rezoning for a Property located at or near 6641 Lipes Boulevard (Requires 2/3 Vote) (1st Reading 10/9/18) Case No. 0918-01 Staples Development, LLC : Request for rezoning Page 4 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final property at or near 6641 Lipes Boulevard from “FR” Farm Rural District to the “RM-1” Multifamily 1 District Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District. Ordinance rezoning property at or near 6641 Lipes Boulevard from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District. Agenda Memo_0918-01 Staples Development, LLC Ordinance_0918-01 Staples Development, LLC CC Report_0918-01 Staples Development, LLC Presentation Staples Development, LLC Attachments: 9.18-1245 Second Reading Ordinance - Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department (Requires 2/3 Vote) (1st Reading 10/9/18) Ordinance authorizing acceptance of $54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of $14,000 and in-kind match of $8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of $14,000 from General Fund to Police Grants Fund. Agenda memo VAWA appropriation 10.09.2018 Ordinance -VAWA grant 2018 - Police VAWA 2018 grant award Attachments: 10.18-1232 Second Reading Ordinance - Amending Chapter 38 of the Corpus Christi Code (1st Reading 10/9/18) Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty. Agenda Memo - Flea Farmers' Market Ordinance - exempting flea market venders 9.18 Presentation - Flea Markets Attachments: 11.18-1231 Second Reading Ordinance - Closing of a utility easement located at 3945 Crosstown State Highway 286 (1st Reading 10/9/18) Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286 . Agenda Memo - Utility Easesment SH 286 Ordinance with Exhibits - Utility Easesment SH 286 Attachments: Page 5 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final Presentation - Utility Easesment SH 286 12.18-1257 Second Reading Ordinance - Amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district (Public Hearing 9/11/18) (Requires 2/3 Vote) (1st Reading 10/9/18) Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties. Agenda Memo - UDC Amendment - Smoking Lounge Ordinance - Smoking Lounges.V2 Presentation - Smoking Lounges Attachments: 13.18-1095 Second Reading Ordinance - Approving Fourth Amendment to the TIRZ #3 Project & Financing Plan (1st Reading 10/9/18) Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. Agenda Memo - 4th Amended TIRZ 3 Project Plan.docx Ordinance - 4th Amended TIRZ #3 Project Financing Plan TIRZ #3 Amended Project Financing Plan - Legistlative Changes Version FY 19 Attachments: 14.18-1123 Second Reading Ordinance - Approving Amendments to the TIRZ #2 Project & Financing Plan (1st Reading 10/9/18) Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. Agenda Memo - 2018 Project Plan Amendment Ordinance - TIRZ 2 Project Plan 10_9_18 08.21.2018 TIRZ #2 Project Plan Amendment SIX PACK PROJECTS 10.09.2018 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I Attachments: Page 6 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final 2009 TIF #2 Market and Economic Update rev L.RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M.PUBLIC HEARINGS: (NONE) N.REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O.FIRST READING ORDINANCES: (NONE) P.FUTURE AGENDA ITEMS: (ITEMS 15 - 23) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 15.18-1240 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Requires 2/3 Vote) Motion to amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP. to extend the performance date to October 24, 2019. Agenda Memo - Royal Creek Addendum - Royal Creek Estates Addendum to the Agreement 09-24-18 Presentation - Royal Creek Unit 7 rev Attachments: 16.18-1180 Service Agreement for the Purchase of Air Compressors and Preventative Maintenance for O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Motion authorizing a five-year service agreement with Air Specialty and Equipment Company of Corpus Christi, Texas for the purchase of air compressors and preventative maintenance at O.N. Stevens Treatment Plant for the total amount not to exceed $70,990. Agenda Memo- Air Compressors Purchase and Preventative Maintenance Bid Tabulation- Air Compressor.pdf Service Agreement - Air Compressors Purchase and Prev Maint Attachments: 17.18-1254 Purchase of Fairbanks Pump for O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Motion authorizing the purchase of a Fairbanks pump for O. N. Stevens Water Treatment Plant from Odessa Pumps of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $175,313.00. Page 7 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final Agenda Memo -Purchase of Fairbanks Pump Price Sheet-Purchase of Fairbanks Pump Attachments: 18.18-1241 Master Services Agreement (MSA) for O.N. Stevens Water Treatment Plant (ONSWTP) Electrical Distribution Improvements (Capital Improvement Program) (Requires 2/3 Vote) Motion to authorize execution of a Master Services Agreement (MSA) with Bath Engineering of Corpus Christi, Texas for a period of one (1) year in the amount of $300,000 with two (2) optional 1-year renewals in the amount of $250,000 each for a total contract value not to exceed $800,000 for ONSWTP Electrical Distribution Improvements. Agenda Memo - ONSWTP Electrical Distribution Improvements Project Budget - ONSWTP Electrical Distribution Improvements Location Map - ONSWTP Electrical Distribution Improvements.pdf Presentation - ONSWTP Electrical Distribution Improvements Contract - E15160 Bath Engineering MSA Attachments: 19.18-1242 Construction Contract for North Beach Area Projects (Bond 2012, Proposition 8) (Requires 2/3 Vote) Motion to authorize execution of a construction contract with Winters Construction, Inc., of San Antonio, Texas in the amount of $ 2,001,890.68 for the Base Bid plus Alternates No. 1 and 2 for the North Beach Area Road Improvements and Area Beautification, and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement projects. Agenda Memo_North Beach Construction Budget - North Beach Location Map - NorthBeach Presentation - North Beach North Beach Recommendation Letter Attachments: 20.18-1266 Resolution authorizing execution of the Regional Transportation Authority (RTA) "Notification for Additional Funding in 2018" (Requires 2/3 Vote) Resolution authorizing execution of the “Notification for Additional Funding in 2018 (Street Maintenance Program)” in an amount of $2,565,883 accepting the Corpus Christi Regional Transportation Authority’s fiscal year 2018 allocation to the City’s Street Preventative Maintenance Program (SPMP) projects. Agenda Memo - Notification for Additional Funding in 2018 Resolution - RTA funding for FY 2018 for City's Street Preventative Maintenance Program REV Exhibit A.pdf Attachments: Page 8 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final 2013 RTA Interlocal Agreement.pdf 21.18-1126 Service Agreement for Elevator and Escalator Preventive Maintenance Program (Requires 2/3 Vote) Motion authorizing a five-year service agreement with EMR Elevator of Arlington, Texas, for elevator, escalator, dumbwaiter and wheelchair lift preventive maintenance program and preexisting repairs, via BuyBoard cooperative for a total amount not to exceed $517,598.24. Agenda Memo- Elevator- Escalator Pricing Sheet- Elevator- Escalator Preventive Maintenance Program.pdf Service Agreement - Elevator Escalator Attachments: 22.18-1244 Service Agreement for the replacement of the City warehouse roof (Requires 2/3 Vote) Motion authorizing a service agreement with South Texas Metal Roof, of Corpus Christi, Texas, for the replacement of the City warehouse roof for a total amount not to exceed $142,500.00. Agenda Memo - City Warehouse Roof Replacement Bid Tab - City Warehouse Roof Replacement Service Agreement- City Warehouse Roof Replacement Attachments: 23.18-1280 Approval of the 2018 Tax Levy Motion approving the 2018 Property Tax Levy of $126,930,210.19 based on the adopted property tax rate of $0.626264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Agenda Memo - Approval of 2018 Tax Levy Certified Tax Levy Attachments: Q.BRIEFINGS: (ITEMS 24 - 26) 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. The City Manager or City Council Liaison for any city board, commission, committee or corporation (including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 24.18-1176 Community Enrichment Funds and Park Sales Revenue Agenda Memo - CEF Presentation Presentation - CEF and Park Sales Revenue Attachments: 25.18-1285 Anti-Lobbying Provisions in City Procurements Page 9 City of Corpus Christi Printed on 10/15/2018 October 16, 2018City Council Meeting Agenda - Final Agenda Memo - Anti-Lobbying Presentation - Anti-Lobbying Provisions in City Procurements Final2 10-16-2018 Attachments: 26.18-1271 Restoring Winter Quarter Averaging Agenda Memo - Restoring winter quarter averaging Presentation - Restoring Winter Quarter Averaging Attachments: R.EXECUTIVE SESSION: (ITEM 27) 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 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. 27.18-1321 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 owned by the City within the City of Corpus Christi at property at or adjacent to 6099 Ennis Joslin and/or 6053 Ennis Joslin, and/or other miscellaneous properties in the City limits owned by the City 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 the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. S.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. T.ADJOURNMENT Page 10 City of Corpus Christi Printed on 10/15/2018 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 9, 2018 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. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:33 a.m. Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries.B. Pastor Chuck Goodwin gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Aimee Alcorn-Reed, Assistant City Attorney. C. Assistant City Attorney Aimee Alcorn-Reed led the Pledge of Allegiance. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta 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: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring October 12, 2018, "Texas Association of Legal Professionals Day". Proclamation declaring October 8-12, 2018, "Court Observance Week". Proclamation declaring October 2018, "NCCER Careers in Construction Month". Commendation in Remembrance of Dr. Leo Carrillo. Mayor McComb presented the proclamations and a commendation. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager’s Comments. Interim City Manager Keith Selman reported on the following topics: STRATEGIC FUTURE ISSUES (NONE)a. OTHERc. Interim City Manager Keith Selman provided an update on the issues regarding the City's utility billing system and the multi-fronted effort to communicate to citizens regarding utility billing concerns. The Call Center has added an additional 29 employees, from various departments, to address citizens concerns and make the Call Center more functional. The average call times have been reduced, on peak days, from 30 minutes to 10 minutes. The Call Center has provided enhanced options for callers. Future improvements to the Call Center include; implementing a Customer Relations Manager (CRM) and Water Smart software, which allows citizens to view their consumption of water. Staff will be presenting an item to City Council regarding changing the wastewater rate structure to winter averaging. Staff is working to address the City's utility billing system issues and has put together an internal team which includes representatives from Infor. Interim City Manager Selman stated that there will not be a presentation from Infor at today's meeting because he feels that it would be premature during this diagnostic period. Infor will be making a future presentation to City Council to outline the software and how it operates. Interim City Manager Selman introduced Peter Collins, independent information technology contractor, who is leading the team to address issues with the City's utility billing system. Mr. Collins provided a flowchart of the utility billing process including: the gas and water meters citywide; the data collection unit (DCU); the STAR system, which manages the meters' information; the Infor System; utility bill; and the customer. Mr. Collins provided information regarding: changes to the features of the utility bills, including a window related to payment plans and solid waste rate changes; how Infor receives information and produces utility bills; Infor's validation process; issues related to meter "no-reads"; and system Page 2City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes maintenance. Council members discussed the following topics: the anticipated time to complete inspection and maintenance of the DCU system to decrease the number of "no-reads"; reimbursement of inspection fees to eligible residents; a plan to credit customers that have been overcharged; and flexible payment plans. MOTION OF DIRECTION Council Member Molina made a motion directing the Interim City Manager to bring back an action item regarding the reimbursement of City inspection fees, seconded by Council Member Lindsey-Opel and passed unanimously. Council members discussed: the process for reading meters; how residential customers can read their own meters; updating the Automated Meter Reading (AMR) System; maintenance of the system; responsiveness from Infor representatives; the distinction between the large bill amount related to the utility billing issues and an accumulation of fees from failure to pay; the number of disconnections; and if staff can differentiate disconnections that are related to changes in the utility rate versus utility billing issues. MOTION OF DIRECTION Council Member Guajardo made a motion directing the Interim City Manager to cease all disconnections related to utility billing issues. The motion of direction failed for lack of second. Council members discussed the following topics: an email regarding wastewater charges and the methodology of utility billing; an item to discuss a plan to return to winter averaging; a plan to address citizens that are not receiving utility bills; the number of estimates that have been made regarding utility billing; how the utility software issues have impacted the City's budget; the dates that the City Council discussed the changes to the methodology of the wastewater rates; and City Attorney Miles K. Risley's recommendation regarding the City Council taking actions prior to receiving legal advice from bond counsel related to the potential impact of ceasing all disconnections related to utility billing issues relative to existing bond covenants associated with the City's debt. 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. All items on this agenda are considered public hearings. J. Page 3City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Raymond Ames, 1 Virginia Hills, spoke regarding wastewater rates. Lorena Medina, 4506 Corona Drive, requested information regarding the placement of yard signs to advocate for children with therapeutic needs. Jack Gordy, 4118 Bray, spoke regarding illegal signs. George Silver, Jr., 741 Wildwood Drive, provided options to resolve the billing issues related to water and sewage (wastewater) rates. Adam Carrington, 2949 Riverbend Ct., thanked Council Members Lindsey-Opel, Guajardo, Garza, Roy, and Molina for coming to Brooks AME Worship Center to answer questions and help clarify utility billing issues. Claude Axel, 741 Crestview, spoke regarding City Council terms. Robert Gonzalez, 2625 Niagara, spoke regarding an increase in his utility bills and the Utilities Department’s responses. Gil Hernandez, 4414 Lake Superior, spoke regarding the contract management of the 380 Agreement with Schlitterbahn. Margaret Fratila, 3606 Tripoli, spoke regarding the Infor utility billing software and the water utility charges. Ray Madrigal de Pancho Villa, 4253 Dody, spoke regarding the Infor utility billing system and in support of returning to the former formula used to calculate utility charges. Fernando Canseco, 926 NAS Drive, spoke regarding the City's use of his property for stormwater runoff. Susie Luna Saldana, 4710 Hakel, thanked the City Council for working to resolve the utility system billing issues. Mohommed El-Sayed, 2833 Tumbleweed, spoke regarding utility bills and increasing how wastewater charges are calculated. James (TC) Chadden, 1718 Arlington, spoke in support of the City adding shelter for veterans at Sherrill Park. MOTION OF DIRECTION Council Member Guajardo made a motion directing the Interim City Manager to cease disconnections for residents who are strictly affected by changes to the utility billing method and utility billing software issues, seconded by Council Member Hunter. Council members spoke regarding the following topics: disconnections prior to September 26, 2018; legal implications regarding ceasing disconnections; if the motion of direction is out of order due to discussions regarding public comment; City Attorney Miles K. Risley's recommendation that City Council take action only after receiving legal advice from bond counsel relative to existing bond convenants associated with the City's debt; concerns by a council member that this action would damage the City's credit rating; and if staff can contact bond counsel to receive a legal opinion prior to the end of today's meeting. Council Member Hunter withdrew his second. The motion of direction failed for lack of second. A council member asked staff to bring back information regarding whether there have been any administrative disconnections since September 26, 2018 and provide the number of accounts that became delinquent during the moratorium on disconnections and late charges related to the rollout of the new utility billing software system. MOTION OF DIRECTION Council Member Roy made a motion directing the Interim City Manager to contact bond counsel, as soon as possible, to clarify information regarding action to cease disconnection, prior to the end of today's meeting, seconded by Council Member Hunter and passed unanimously. Page 4City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes BRIEFINGS: (ITEM 29) 29.Merry Days By The Bay - Update Mayor McComb deviated from the agenda and referred to Item 29. Business Liaison Arlene Medrano stated that the purpose of this item is to present information regarding Corpus Christi Merry Days by the Bay. At the December 12, 2017 City Council Meeting, former City Council Member Carolyn Vaughn requested to begin a conversation regarding a Christmas Festival in Corpus Christi along with making efforts to provide holiday decorations to enhance the Christmas cheer for residents and visitors. The Corpus Christi Convention and Visitors Bureau (CVB) is coordinating with several community organizations that are currently delivering quality holiday-focused events and presenting them as one large marketing campaign. Paulette Kluge, CEO of the CVB, presented the following information: past performance relating to hotel occupancy; economic impact studies for increasing occupancy from 41.3% to 45%, 55%, and 65%; comments from hoteliers regarding hotel occupancy rates in December; and the vision for Merry Days by the Bay. Alyssa Barrera, Executive Director of the Downtown Management District (DMD), provided information regarding: re-imagined Peppermint Lane; Lighting the Parks; the downtown buildings holiday lights competition; and new bows and garlands on light poles in the downtown area. Matt Blasy, General Manager of the American Bank Center, provided information regarding SMG's Coastal Christmas activities that will be held December 16, 2018 through January 1, 2019. Maria Pedraza, Harbor Lights Board Member, provided an update on the Harbor Lights Festivities. Ms. Kluge provided information regarding: other holiday activities in the City; month-long promotions; partnerships and sponsors; and HEB's purchase of the City of Corpus Christi Christmas tree. Regina Garcia-Posada, HEB, stated that HEB donated the tree in an effort to promote "family-first" and create memories and new traditions. Council members spoke regarding the following topics: the CVB's efforts to promote all holiday events and activities and expressed appreciation to HEB. EXECUTIVE SESSION: (ITEMS 30 - 32)R. Mayor McComb deviated from the agenda and referred to the day’s executive sessions. The Council went into executive session at 2:16 p.m. The Council returned from executive session at 3:12 p.m. 30.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 owned by the City within the City of Corpus Christi at or adjacent to 7101 Edgebrook and/or 5205 Edinburg, 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 the aforementioned location(s)) because deliberation in an open meeting Page 5City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. 31.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 negotiations and potential litigation with the U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General, and/or U.S. Department of Justice concerning the City's sanitary sewer system and/or water system, including consideration of fees for attorneys, engineers, and other expert witnesses assisting in defense of potential lawsuit(s). This E-Session Item was discussed in executive session. 32.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 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager or contracting or utilization of search firm for City Manager and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. This E-Session Item was discussed in executive session. RECESS FOR LUNCHL. The recess for lunch was held during the executive session. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. CITY PERFORMANCE REPORT - GAS DEPARTMENTb. Director of Gas Operations Bill Mahaffey provided a briefing on the Gas Department, including the operational profile; baseline information; and performance indicators. Council members discussed the following topics: the Texas Municipal League’s performance rating; loss and unaccounted gas percentage annually; natural gas generators; and if there is an uptake in residential generators. MINUTES:G. 2.Regular Meeting of September 25, 2018. Page 6City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Mayor McComb referred to approval of the minutes. Council Member Hunter made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. BOARD & COMMITTEE APPOINTMENTS: (NONE)H. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 15)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member requested that Item 7 be pulled for individual consideration. There were no comments from the public. Council Member Lindsey-Opel made a motion to approve the consent agenda, seconded by Council Member Garza. The consent agenda items were passed and approved by one vote as follows: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 3.Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) (Requires 2/3 Vote) Motion authorizing renewal of an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of water quality and stream flows associated with the Nueces River and its tributary, with the City’s cost to be $160,350. This Motion was passed on the consent agenda. Enactment No: M2018-189 4.Food Program Purchase for the Senior and Summer Youth Feeding Programs (Requires 2/3 Vote) Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments’ (“CBCOG”) participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. Page 7City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes This Resolution was passed on the consent agenda. Enactment No: 031567 5.Supply Agreement for the Purchase of Garbage Truck Parts (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of garbage truck parts with Heil of Texas of San Antonio, Texas via BuyBoard cooperative for $220,000, with a one-year option for a total potential multi-year amount not to exceed $440,000. This Motion was passed on the consent agenda. Enactment No: M2018-190 6.Supply Agreement for the Purchase of Heavy Equipment Parts for Asset Management (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas via BuyBoard cooperative for $630,000, with a one-year option for a total potential multi-year amount of $1,260,000. This Motion was passed on the consent agenda. Enactment No: M2018-191 8.Service Agreement for Plumbing Services for City Facilities (Requires 2/3 Vote) Motion authorizing a three-year service agreement with Smart Plumbing Inc of Corpus Christi, Texas for plumbing services for City facilities for a total amount not to exceed $230,625. This Motion was passed on the consent agenda. Enactment No: M2018-193 9.Second Reading Ordinance - Urban Transportation Plan Amendment deleting a proposed collector street (1st Reading 9/25/18) Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue with South Padre Island Drive (Park Road 22) This Ordinance was passed on second reading on the consent agenda. Page 8City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Enactment No: 031568 10.Second Reading Ordinance - Unimproved Street Right-of-Way Closure of Las Tunas Drive (1st Reading 9/25/18) Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031569 11.Second Reading Ordinance - Partial Street Right-of-Way closure, vacation, and abandonment of Battlin’ Buc Boulevard and Lipan Street, and alley closures out of Nelson Addition Block 2 and 3 (1st Reading 9/25/18) Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin’ Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions . This Ordinance was passed on second reading on the consent agenda. Enactment No: 031570 12.Second Reading Ordinance - Rezoning for a Property located at or near 5518 Curtis Clark Drive (Requires 2/3 Vote) Case No. 0818-04 Marias Properties, LLC : Request for rezoning property at or near 5518 Curtis Clark Drive from “RS-6” Single-Family 6 District to the “CN-2” Neighborhood Commercial District. Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-2” Neighborhood Commercial District. Ordinance rezoning property at or near 5518 Curtis Clark Drive from the “RS-6” Single-Family 6 District to the “CN-2” Neighborhood Commercial District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031571 Page 9City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes 13.Second Reading Ordinance - Rezoning for a Property located at or near 2141 Laguna Shores Drive (1st Reading 9/25/18) (Requires 2/3 Vote) Case No. 0818-05 James Karstens : Request for rezoning property at or near 2141 Laguna Shores Road from “CR-1” Resort Commercial District to the “RS-15” Single-Family 15 District. Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the “CR-1” Resort Commercial District to the “RS-15” Single-Family 15 District. Ordinance rezoning property at or near 2141 Laguna Shores Road from the “CR-1” Resort Commercial District to the “RS-15” Single-Family 15 District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031572 14.Second Reading Ordinance - Rezoning for a Property located at or near 2117 Laguna Shores Road (1st Reading 9/25/18) (Requires 2/3 Vote) Case No. 0818-06 Guy Brady: Request for rezoning property at or near 2117 Laguna Shores Road from “CR-1” Resort Commercial District to the “RS-15” Single-Family 15 District. Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the “CR-1” Resort Commercial District to the “RS-15” Single-Family 15 District. Ordinance rezoning property at or near 2117 Laguna Shores Road from the “CR-1” Resort Commercial District to the “RS-15” Single-Family 15 District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031573 15.Second Reading Ordinance - Amending Tree Advisory Committee Membership Requirements (1st Reading 9/25/18) Ordinance amending Tree Advisory Committee membership. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031574 Page 10City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes 7.Service Agreement for Backflow Prevention Testing and Repairs for City Facilities (Requires 2/3 Vote) Motion authorizing a three-year service agreement for backflow prevention testing and repairs for City facilities with Smart Plumbing, Inc. of Corpus Christi, Texas for a total amount not to exceed $276,286. Mayor McComb referred to Item 7, a three-year service agreement for backflow prevention testing and repairs for City facilities. Dorothy Spann, 502 Del Mar, asked if this action was related to residential backup valves. Assistant City Manager Mark Van Vleck stated that this service agreement is for City facilities. Council Member Molina made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 Enactment No: M2018-192 PUBLIC HEARINGS: (ITEM 16)M. 16.Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6641 Lipes Boulevard (Requires 2/3 Vote) Case No. 0918-01 Staples Development, LLC : Request for rezoning property at or near 6641 Lipes Boulevard from “FR” Farm Rural District to the “RM-1” Multifamily 1 District Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District. Ordinance rezoning property at or near 6641 Lipes Boulevard from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District. Mayor McComb referred to Item 16. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the future construction of a multifamily apartment complex. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Council members and staff discussed the following topics: that the lot is not platted; the property owner will be subject to acreage fees; and that the lot does not need to be platted to Page 11City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes be rezoned. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Hunter 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:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (ITEMS 17 - 22)O. 17.First Reading Ordinance - Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department (Requires 2/3 Vote) Ordinance authorizing acceptance of $54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of $14,000 and in-kind match of $8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of $14,000 from General Fund to Police Grants Fund. Mayor McComb referred to Item 17. Police Chief Mike Markle stated that the purpose of this item is to accept a grant from the State of Texas, Criminal Justice Division for the Violence Against Women Program in the amount of $54,339.42, with a cash match of $14,000 and an in-kind match of $8,280. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 18.First Reading Ordinance - Amending Chapter 38 of the Corpus Christi Code Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty. Page 12City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Mayor McComb referred to Item 18. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 38, to exempt flea markets and farmers markets from the requirement to obtain a City vendor permit when operating at a designated outdoor location. Ms. Nixon-Mendez presented the following information: background and findings; examples of flea markets and farmers markets in the City; and the amendments. Council members and staff discussed the following topics: restrictions related to flea markets and farmers markets; regulation of flea markets and farmers markets based on zoning districts; permits required for vendors to sell merchandise on private property; and the permits required for vendors and the registration process. Mayor McComb called for comments from the public. Aislynn Campbell, 510 McClendon, spoke regarding stakeholders not being involved in the process and the distinction between flea markets and farmers markets. Council members discussed the importance of engaging stakeholders. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 19.First Reading Ordinance - Closing of a utility easement located at 3945 Crosstown State Highway 286 Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. Mayor McComb referred to Item 19. City Secretary Rebecca Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to abandon and vacate a portion of a utility easement located out of Roseland Place, Lot 4, Block 4, at 3945 Crosstown State Highway 286. Kleberg Bank is requesting the closure due to common ownership between both lots and to expand their business. There were no comments from the public. Council members spoke regarding the following topics: that there is already construction occurring on the property; the closure is necessary for construction; the Development Services Department's efforts to work with the business to expedite construction; and the permitting process. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Page 13City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith 8 - Abstained:Council Member Roy1 - 20.First Reading Ordinance - Amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district (Public Hearing 9/11/18) (Requires 2/3 Vote) Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties. Mayor McComb referred to Item 20. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the Unified Development Code (UDC) to add a definition for smoking lounges and appropriate zoning districts. This item was originally presented at the September 11, 2018 City Council meeting. City Council tabled the section regarding smoking lounges and requested that staff refine the definition of smoking lounges. The purpose of the amendment is to: classify and define the use of smoking lounges; determine where smoking lounges are appropriate; and limit potential negative impacts of smoking lounges to adjacent residential neighborhoods. Ms. Nixon-Mendez stated that the amendment would locate smoking lounges in more intense commercial districts and away from single-family residential neighborhoods. Ms. Nixon-Mendez provided the following information: the definition of smoking lounges and the allowed zoning districts. Assistant Director of Development Services and Building Official Gene Delauro and Police Chief Mike Markle responded to questions. Mayor McComb called for comments from the public. Hal George, 5350 S. Staples, representing Mustafa Alzakzok, owner of a smoking lounge located at 1229 Nile Drive, stated that this amendment was not communicated to his client and would put his client out of business. Mr. George provided information regarding the following: code violations related to the certificate of occupancy; investments made by his client; the timeline of the UDC text amendments; inspection of his client's property and suspension of the certificate of occupancy; his client's efforts to address complaints regarding his business; and his client's economic damage due to the closure of his property. Mr. George stated that his client is the only business that would be impacted by the amendment and urged the City Council to reject the amendment or grandfather the use of the business. Mustafa Alzakzok, 1229 Nile Drive and owner of a hookah lounge, provided information regarding his hours of operation; the construction of a fire wall; and the financial impact of the amendment. Dorothy Spann, 502 Del Mar, spoke regarding the impact the amendment will have on neighborhoods. Council members spoke regarding the following topics: complaints from adjacent residents regarding activity at late hours in the parking lot; the business being an "after-hours" club; that alcohol is not allowed in Mr. Alzakzok's smoking lounge; the fire wall that was not constructed; suspension of the certificate of occupancy; the zoning of the property where the smoking lounge is located; restrictions regarding hours of operation; communication to Page 14City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes stakeholders affected by the amendment; if other smoking lounges are affected by this amendment; a plan to adjust the discussed location's hours of operation through zoning; non-conforming uses and grandfathering of existing businesses; data regarding complaints against the business at the location since Mr. Alzakzok's establishment has not opertaed since August; the ability for Mr. Alzakzok to operate his establishment if the certificate of occupany is restored; and Mr. Alzakzok's willingness to change his business model to reduce nuisances. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 21.First Reading Ordinance - Approving Fourth Amendment to the TIRZ #3 Project & Financing Plan Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. Mayor McComb referred to Item 21. Business Liaison Arlene Medrano stated that the purpose of this item is to approve the fourth amendment to the Tax Increment Reinvestment Zone #3 (TIRZ # 3) Project and Financing Plan. The amendment was approved by the TIRZ #3 Board on August 28, 2018. The amendments include: updating language to indicate the Downtown Area Development Plan as complete; extending the incentive programs for an additional three-year period; providing an updated sources of revenue table showing TIRZ #3 projected revenue; providing funding for the implementation of the Parking Action Plan; and identifying changes to other programs and initiatives undertaken by the Downtown Management District. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 22.First Reading Ordinance - Approving Amendments to the TIRZ #2 Project & Financing Plan Ordinance approving the amendments to the Tax Increment Reinvestment Page 15City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. Mayor McComb referred to Item 22. Business Liaison Arlene Medrano stated that the purpose of this item is to approve the amendments to the Tax Increment Reinvestment Zone #2 (TIRZ #2) Project and Financing Plans. The plan was approved by the TIRZ #2 Board and the North Padre Island Development Corporation on August 21, 2018. The amendments include: adding a traffic improvement project which provides for a pedestrian crossing on Windward Drive at Saint Augustine Drive to facilitate access to and from Michael J. Ellis Beach; and a $50,000 expenditure for a feasibility study update for the renewal of the TIRZ #2. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 FUTURE AGENDA ITEMS: (ITEMS 23 - 27)P. Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had planned presentations on Items 24 and 27. A council member requested information on Item 23. 23.Authorizing Use of Type B Arterial and Collector Funds for Three Streets (Requires 2/3 Vote) Motion authorizing the use of up to $10,550,000 in Type B arterial and collector funds for three street projects: Slough Road from Amethyst Drive to Rodd Field Road, Everhart Road from Holly Road to South Padre Island Drive, and Holly Road from Ennis Joslin Road to Rodd Field Road. This Motion was recommended to the consent agenda. 24.Construction Contract for Flato Road from Agnes Street to Bates Road (Bond 2014, Proposition 2) (Requires 2/3 Vote) Motion to authorize execution of a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete (PCC)) for Flato Road from Agnes Street to Bates Road project. This Motion was recommended to the consent agenda. 25.Professional Services Contract Amendment No. 7 for the O.N. Page 16City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 7 to a Professional Services Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $242,065.00 for a total restated fee of $2,762,567.91 for O.N. Stevens Water Treatment Plant High Service Building No. 3 project. This Motion was recommended to the consent agenda. 26.Service Agreement for Chemical Analysis Services for Utilities (Requires 2/3 Vote) Motion authorizing a four-year service agreement with Analysys, Inc., of Austin, Texas for the chemical analysis at the Water Utilities Lab, Pretreatment, and Wastewater Division of Utilities Department for the total amount not to exceed $269,776. This Motion was recommended to the consent agenda. 27.Real Estate Contract for land purchase at Corpus Christi International Airport (Requires 2/3 Vote) Motion to authorize execution of a real estate sales contract with Patrick William Kelly, III and Carol Lynn Gillingham in the amount of $235,200 plus $2,700 in estimated closing costs for acquisition of 50.535 acres of land including mineral rights, located on Joe Mireur Road (FM763), south of Corpus Christi International Airport for airport land expansion and other purposes. This Motion was recommended to the consent agenda. BRIEFINGS: (ITEM 28)Q. 28.INFOR Briefing This Presentation was postponed. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb deviated from the agenda and refered to City Manager's Comments. City Attorney Miles K. Risley stated that after consulting with bond counsel regarding the previous motion of direction regarding ceasing disconnection of utility services, City Attorney Risley presented the following option for City Council's consideration: "Motion directing the Interim City Manager to temporarily suspend the cut off of water utilities due to the delinquency of residential ratepayers in the City for a period of 30 days, with such cut offs to resume at an earlier period if determined by the City Manager that the accuracy of the system has been restored with respect to the Page 17City of Corpus Christi Printed on 10/12/2018 October 9, 2018City Council Meeting Minutes delinquent ratepayers to be cut off". Council members discussed the following topics: the importance of the bond rating; the administrative actions to cease disconnection of utility services; encouraging staff to work with citizens impacted by the utility software billing issues; and weekly updates to City Council regarding the status of the utility system. IDENTIFY COUNCIL FUTURE AGENDA ITEMSS. Mayor McComb referred to Identify Council Future Agenda Items. The following items were discussed: a plan regarding the appointment of a Charter Revision Committee; information regarding what the City Council is doing to promote the bond propositions; and a County-wide master drainage plan. ADJOURNMENTT. The meeting was adjourned at 5:35 p.m. Page 18City of Corpus Christi Printed on 10/12/2018 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes Special City Council Meeting 9:00 AM Council ChambersTuesday, October 9, 2018 SPECIAL CITY COUNCIL MEETING Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 9:04 a.m. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.B. City Secretary Rebecca L. Huerta 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: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. PUBLIC INTERVIEWS FOR CITY MANAGER RECRUITMENT SERVICESC. Mayor McComb stated that the purpose of this item is to allow the City Council to conduct public interviews with the two firms for city manager recruitment services. City Attorney Miles K. Risley stated that the executive session item was placed on the agenda in the event the City Council would like to discuss the process or has legal questions regarding the appointment of the City Manager. The executive session is not for discussing the relative merits of the recruitment firms. Director of Human Resources Steven Viera outlined the structure of the interview process. The firms will have 30 minutes to make a presentation and there will be a 30-minute question-and-answer period, if needed. The two firms being interviewed are Slavin Management Consultants and Ralph Andersen & Associates (via Skype). Mr. Viera introduced the Slavin Management Consultants' presentation team including: Bob Slavin and David Krings. The presentation team presented the following information: an overview of the firm; the firm's experience and track record; the project team; a list of Texas clients; the recruitment process Page 1City of Corpus Christi Printed on 10/11/2018 October 9, 2018Special City Council Meeting Meeting Minutes including: on-site development; advertisement; extensive direct sourcing of candidates; on-site meetings with City Council members and with finalist candidates; and thorough background investigation; the interview and selection process; facilitating employment agreements and establishment of first-year performance goals; follow-up with both the City Council and the new City Manager at six months and one year; guarantees; and recruitment timetable. Council members and the Slavin Management Consultants' presentation team discussed the following topics: the follow-up process with City Council and the new city manager; assistance with previous hires for Corpus Christi; the market for city managers; the firm's Texas clients and the number of city manager recrutiments; how long the firm has worked in Texas; the firm's commitment to never recruit the new city manager from the City; if the 90-day recruitment timetable takes into consideration the holiday season; the number of times a city manager search process was conducted and a candidate was not selected; if city managers tend to bring their own team or work with existing teams; the extensive direct sourcing of candidates and on-site visits; the number of cities in Texas the firm is currently working with; and the distinction between cities that have a strong mayor form of government versus a council-manager form of government. Mr. Viera introduced David Boesch, Senior Consultant with Ralph Andersen & Associates, who was being interviewed via Skype. Mr. Boesch presented the following information: a list of advantages to working with the firm; the firm's leadership and background; the firm's national and regional track record; outreach and recruitment strategies; defining Corpus Christi's City Manager needs; critical core competencies for local government leaders; a sample matrix; compensation strategies; a sample advertisement and suggested placement locations; an overview of the search process including: stakeholder meetings; developing a recruitment brochure; an agressive, personal outreach strategy; ongoning evalation and reserach; City Council interview; one-on-one interviews with the City Council and top candidates; background verifications; and final selection; and search timeline. Council members and Mr. Boesch discussed the following topics: if the firm conducts on-site interviews with potential candidates; the vetting process for potential candidates; a follow-up policy after the hiring process; a one-year guarantee on placements; outreach to newly hired city manager; Mr. Boesch's experience with the International City/County Management Association (ICMA) and the Texas Muncipal League (TML); how long Mr. Boesch has worked in Texas; the status of the firm's search with the City of Brownsville; how long Mr. Boesch as worked for Ralph Andersen & Associates and his previous position; candidate outreach; and whether Ralph Andersen & Associates has policies regarding recruitment from Corpus Christi. After the public interviews, council members discussed the following topics: the selection of a firm; the two firms' experience; Slavin's on-site visits; Slavin's two-year guarantee versus Ralph Andersen & Associates one-year guarantee; the request for proposal (RFP) pricing for Slavin Management Consultants. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to move forward with selecting Slavin Management Consultants as Page 2City of Corpus Christi Printed on 10/11/2018 October 9, 2018Special City Council Meeting Meeting Minutes the executive recruitment firm for the City Manager search, seconded by Council Member Garza and passed unanimously. EXECUTIVE SESSION:D. Mayor McComb referred to Executive Session Item 1. The Council went into executive session at 10:59 a.m. The Council returned from executive session at 11:20 a.m. 1.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 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager or contracting or utilization of search firm for City Manager and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. This E-Session Item was discussed in executive session. AdjournmentE. The meeting was adjourned at 11:20 a.m. Page 3City of Corpus Christi Printed on 10/11/2018 DATE:September 24, 2018 TO:Keith Selman, Interim City Manager FROM:Arlene Medrano, Business Liaison ArleneM@cctexas.com (361) 826-3356 CAPTION: Motion authorizing the use of up to $10,550,000 in Type B arterial and collector funds for three street projects: Slough Road from Amethyst Drive to Rodd Field Road, Everhart Road from Holly Road to South Padre Island Drive, and Holly Road from Ennis Joslin Road to Rodd Field Road. PURPOSE: To approve the resolution authorizing the City’s Engineering Department to proceed with the use of Type B arterial and collector funds for three street projects. BACKGROUND AND FINDINGS: On November 8, 2016, residents of the City passed Proposition 2, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads. In order to effectively fund arterial and collector street and road projects, the City is willing to accept funds in support of its arterial and collector street bond program. On June 18, 2018, the Type B Board approved an Agreement between the Corporation and the City to provide for the transfer of funds collected by the Type B Sales Tax approved by residents on November 8, 2016. The Corporation would transfer all arterial and collector street and road funds to the City for payment of debt associated with voter-approved arterial and collector street projects, as the funds are collected, for the purpose of supplementing debt obligation property tax revenues. The funds would be deposited in the City’s debt service fund for payment towards debt on only arterial and collector projects as authorized by Proposition 2 at the November 8, 2016, election. Use of Type B arterial and collector funds for three streets AGENDA MEMORANDUM Future Agenda for the City Council Meeting of October 9, 2018 Action Item for the City Council Meeting of October 16, 2018 On July 23, 2018 at a City Council Workshop Session, the City Council passed a motion directing the Interim City Manager to adopt a street funding option proposed by Council Member Smith at the July 16, 2018 Workshop. This option provides that three streets designed to 100% (Slough Rd from Amethyst to Rodd Field $2,200,000; Everhart Rd from Holly Rd to South Padre Island Drive $5,300,000; and Holly Rd from Ennis Joslin Rd to Rodd Field Rd. $3,050,000) be funded using a total of $10,550,000 Type B Funds. The Transfer to Street CIP from FY19 to FY22 will total an estimated $12,612,374. This Resolution authorizes the use of $10,550,000 over the next three to four fiscal years or until such time that the total funding is available. The Type B Board approved the attached Resolution on September 17, 2018. ALTERNATIVES: City Council could choose not to approve this motion and offer an alternative. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to policy. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Interim City Manager Finance Legal Engineering FINANCIAL IMPACT: □Operating □ Revenue x Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $12,612,374 $12,612,374 Encumbered / Expended Amount 0 0 This item $10,550,000 $10,550,000 BALANCE $2,062,374 $2,062,374 Fund(s): Type B Fund 1145 Comments:N/A RECOMMENDATION: City staff believe it is in the best interests of the residents of the City that the City be awarded sales and use tax revenue funds, to support the construction, maintenance and repair of the listed three streets. LIST OF SUPPORTING DOCUMENTS: Type B Fund 1145 FY19 Proposed Budget Proposed 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Reserved for Encumbrances -$ -$ -$ -$ -$ Reserved for Commitments - - - - - Unreserved 3,491,769 3,421,126 3,349,370 3,276,479 3,202,430 Beginning Balance 3,491,769$ 3,421,126$ 3,349,370$ 3,276,479$ 3,202,430$ Revenues Operating Revenue 7,000,000$ 7,210,000$ 7,354,200$ 7,648,368$ 7,801,335$ Other Revenue 3,000 3,030 3,060 3,091 3,122 Sub-Total 7,003,000$ 7,213,030$ 7,357,260$ 7,651,459$ 7,804,457$ Decision Packages: 1NONE Total Funds Available 10,494,769$ 10,634,156$ 10,706,630$ 10,927,938$ 11,006,888$ Expenditures By Department Affordable Housing 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ BJD - Administration 15,000 15,000 15,000 15,000 15,000 BJD - Incentives for Econ Dev 3,501,500 3,606,515 3,678,630 3,825,729 3,902,229 Transfer to General Fund 55,643 56,756 57,891 59,049 60,230 Transfer to Street CIP 3,001,500 3,106,515 3,178,630 3,325,729 3,402,229 Sub-Total 7,073,643$ 7,284,786$ 7,430,151$ 7,725,508$ 7,879,687$ 1st Priority 1NONE Total Expenditures 7,073,643$ 7,284,786$ 7,430,151$ 7,725,508$ 7,879,687$ Revenue 7,003,000$ 7,213,030$ 7,357,260$ 7,651,459$ 7,804,457$ Net Revenue (Loss)(70,643)$ (71,756)$ (72,891)$ (74,049)$ (75,230)$ Reserved for Encumbrances -$ -$ -$ -$ -$ Reserved for Commitments - - - - - Unreserved 3,421,126 3,349,370 3,276,479 3,202,430 3,127,201 Estimated Ending Balance 3,421,126$ 3,349,370$ 3,276,479$ 3,202,430$ 3,127,201$ Assumptions: Sales Tax Revenue 1.00% 3.00% 2.00% 4.00% 2.00% Type B 5 Year Proforma Type B Fund 1145 City of Corpus Christi - Budget 313 Project No: E15110 Page 1 of 3 SW/LH Legistar No.:18-1214 Rev. 1 – 9/14/18 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 9, 2018 Action Item for the City Council Meeting of October 16, 2018 DATE:September 14, 2018 TO:Keith Selman, Interim 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:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 CAPTION: Motion to authorize execution of a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete (PCC)) for Flato Road from Agnes Street to Bates Road project. PURPOSE: This construction project reconstructs Flato Road from Bates Road to Agnes Street with roadside drainage ditches and underground utility improvements. BACKGROUND AND FINDINGS: The existing roadway is a rural section with narrow shoulders and roadside ditches with Hot-Mix- Asphalt-Concrete (HMAC) pavement in poor condition. This section of Flato Road primarily services industrial and commercial businesses with large vehicles and heavy equipment. This project includes full depth reconstruction and widening of the roadway from 22 feet to 30 feet. Utility improvements include water, wastewater, gas and storm water. Storm water improvements include re-grading existing roadside ditches with new driveway culverts and a new storm water outfall to the exiting Enterprize Ditch. The new outfall is an underground concrete Construction Contract Flato Road from Agnes Street to Bates Road (Bond 2014, Proposition 2) Project No: E15110 Page 2 of 3 SW/LH Legistar No.:18-1214 Rev. 1 – 9/14/18 box culvert extending from Flato Road to the existing Enterprize Ditch along the Bates Road right- of-way (ROW). Acquisition of additional ROW is underway for drainage easements required to complete the roadside ditch improvements along the west side of Flato Road. The project was developed with three (3) Base Bids with alternate pavement sections to maximize competition and to obtain the most cost effective pavement section. Each of the base bids included the same utilities, drainage, markings, signage and associated improvements. A summary of the Base Bid and respective pavement sections is presented below: Base Bid Part 1 – 8” HMAC with 13” of limestone base over geotextile layer and 12” compacted subgrade Base Bid Part 2 – 8” HMAC with 12” of crushed concrete base over geotextile layer and 8” lime stabilized subgrade Base Bid Part 3 – 11” rigid concrete pavement over 8” of lime stabilized subgrade On August 22, 2018 the City received proposals from six (6) bidders. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID PART 1 (HMAC with Limestone Base) BASE BID PART 2 (HMAC with Crushed Concrete Base) BASE BID PART 3 (Concrete Pavement) Reytec Construction Resources, Inc. Houston, Tx 77080 --7,985,187.50 CPC Interstate, LLC DBA Clark Pipeline Services Corpus Christi, Tx 78409 7,985,566.71 8,117,770.96 - JE Construction Services Corpus Christi, Tx 78409 8,180,044.14 8,039,845.89 8,519,263.37 HAAS - Anderson Construction, Ltd. Corpus Christi, Tx 78417 8,064,333.10 -- J. Carroll Weaver Contractor Sinton, Tx 78387 8,192,255.58 8,334,904.33 - Berry Contracting, LP dba Bay Ltd. Corpus Christi, Tx 78409 8,331,684.65 8,382,424.70 8,756,323.60 Engineer’s Opinion of Probable Cost 8,560,000.00 8,600,000.00 8,520,000.00 ALTERNATIVES: 1.Authorize execution of a construction contract. (Recommended) 2.Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Jacobs Engineering (formerly CH2M Hill Engineers, Inc.) is the design firm selected for this project under Request for Qualifications No. 2014-08. Project No: E15110 Page 3 of 3 SW/LH Legistar No.:18-1214 Rev. 1 – 9/14/18 CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 728,695.66 9,562,572.34 10,291,268.00 Encumbered / Expended Amount 728,695.66 728,695.66 This item 7,985,187.50 7,985,187.50 Future Anticipated Expenditures This Project 1,577,384.84 1,577,384.84 BALANCE 0.00 0.00 0.00 Fund(s): Street Bond 2014 and Utility CIP. RECOMMENDATION: City staff and the design engineer, Jacobs Engineering, recommend construction contract award to Reytec Construction Resources, Inc., in the amount of $7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete pavement option). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT FUNDS AVAILABLE: . 10,291,268 Bond 2014……………………………………………………………………………...……………………………..4,258,088 Utilites………………………………………………………………………………………………………………….6,033,180 Storm Water……………………………………………………………………………….3,628,160 Wastewater………………………………………………………………………………………..1,383,620 Water…………………………………………………………………………………………………990,000 Gas…………………………………………………………………………………………………31,400 TOTAL FUNDS AVAILABLE ..10,291,268 FUNDS REQUIRED: Construction and Contingency Fees:……………………………………………………………………………………………………….8,783,706 Construction (Reytech Construction) THIS ITEM .. ..7,985,188 Streets………………………………………………………………………………………………..3,355,231 Utilities…………………………………………………………………………………………………………4,629,957 Water…………………………………………………………………………………..742,075 Wastewater…………………………………………………………………………………..1,058,008 Storm Water…………………………………………………………………………………..2,804,754 Gas…………………………………………………………………………………..25,120 Contingency (10%)……………...……………………………………………………………………………………………………………………….798,519 Construction Inspection and Testing Fees:…………………………………………………………………………………………..329,480 Construction Inspection (estimate)…………………………………...…………………………………………………279,480 Construction Materials Testing Services (estimate)……...……………………………………………………………………………….50,000 Design and Land Acquisition Fees:………………………………………………………………………………………………..776,327 Engineer (CH2M Hill) Engineering Design, Amendments 1, 2 & 3………………………………………………………………………………………………….569,907 Street CIP…………………………………………………………………………………………325,475 Storm Water CIP…………………………………………………………………………………..122,216 Wastewater CIP…………………………………………………………………………….61,108 Water CIP…………………………………….………………………………………………..61,108 Design Phase - Geotechnical Services (Rock)……………………………………………………………………………20,450 SUE Services (Cobb Finley)…………………………………..…………………………………………………..13,970 Land Acqusition (estimate)……………..…………………………………………………………………………………….172,000 Reimbursement Fees:………………………………………………………………………………………………………………..401,755 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget)……………………………………………………………………………….159,700 Engineering Services (Project Mgt/Constr Mgt)………………………………………………………………………………..239,555 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..2,500 TOTAL 10,291,268 ESTIMATED PROJECT BUDGET BALANCE (0) PROJECT BUDGET ESTIMATE Flato Road from Agnes Street to Bates Road Bond 2014 Prop. 2 37 181 N FLATO ROAD Bates Rd to Agnes St (Bond 2014) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Project Number: E15110LOCATION MAP NOT TO SCALE PROJECT LOCATION Council Presentation October 9, 2018 Flato Road from Agnes Street to Bates Road BOND 2014 Proposition 2 1 2 Project Location 3 Project Vicinity 4 Typical Section Project includes full reconstruction of the existing 2-lane roadway with 11-ft lanes and rural roadside ditches and includes: •New Portland Cement Concrete (PCC) pavement with 11-ft lanes and 4-ft paved shoulders •Utilities improvements for wastewater, water, and gas •Storm water improvements include: Re-grade existing roadside ditches New underground outfall along Bates Road ROW to Enterprize Ditch 5 Project Scope 6 Project Schedule Project Estimate: 480 Calendar Days = 16 Months Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 2019 Bid/Award Construction 2018 2020 Project No: E11066 1 AB/CJ Legistar No.: 18-1209 Rev. 1 – 8/29/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 9, 2018 Action Item for the City Council Meeting of October 16, 2018 DATE:September 12, 2018 TO:Keith Selman, Interim 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:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P.E., Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 CAPTION: Motion to authorize execution of Amendment No. 7 to a Professional Services Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $242,065.00 for a total restated fee of $2,762,567.91 for O.N. Stevens Water Treatment Plant High Service Building No. 3 project. PURPOSE: Amendment No. 7 provides additional construction phase technical support services for the High Service Building No. 3 Project at O.N. Stevens Water Treatment Plant (ONSWTP). BACKGROUND AND FINDINGS: On October 15, 2013, City Council awarded a professional services contract to LNV, Inc., for engineering and design of the High Service Building No. 3 project. The original contract and subsequent amendments include engineering design with bid phase and construction phase technical support. On August 16, 2016, City Council awarded a construction contract to PLW Cadagua Partners for the project. The project provides for a new 12,700 square foot High Service No. 3 Building with Professional Services Contract Amendment No. 7 O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) Project No: E11066 2 AB/CJ Legistar No.: 18-1209 Rev. 1 – 8/29/2018 installation of six (6) – 20 million gallons per day pumps and associated equipment. The project also provides coordination and construction of related infrastructure improvements including a generator building expansion for a new 2-Megawatt generator with upgrades to electrical, instrumentation, controls, rehabilitation of large diameter underground piping, Clearwell No. 1 renovations, and improvements to the access roads, drainage and other miscellaneous activities. During the design and bid phases, construction scope and duration was increased to coordinate and avoid disruption of critical water plant operations. Additionally, the construction contractor encountered some unforeseen conditions and construction related issues that increased the required level of technical support from the design engineer. Unforeseen conditions included surface and subsurface erosion that impacted foundation design for the project. Amendment No. 7 extends construction phase support from 35 to 39 months matching the construction contract duration and provides additional construction phase technical support services. ALTERNATIVES: 1.Authorize execution of the Amendment. (Recommended) 2.Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 23,062,570 5,484,830 28,547,400 Encumbered / Expended Amount 23,062,570 23,062,570 This item 242,065 242,065 Future Anticipated Expenditures This Project 5,242,765 5,242,765 BALANCE 0 0 0 Fund(s): Water CIP Project No: E11066 3 AB/CJ Legistar No.: 18-1209 Rev. 1 – 8/29/2018 RECOMMENDATION: City Staff recommends approval of Amendment No. 7 to LNV, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 7 PROJECT BUDGET ESTIMATE FUNDS AVAILABLE: Water CIP………………………………………………………………………………………………………………….$28,547,400 TOTAL FUNDS AVAILABLE .$28,547,400 FUNDS REQUIRED: Construction and Change Order Total Fees:……………………………………………………………………………………………………………………22,441,492 *Initial Construction (PLW Cadagua Partners)……………………………………………………………21,650,000 Change Orders No. 1 - 12………………………………………………………………………791,492 Contingency Balance Remaining…………………………………………………………………………………………………………………1,311,390 Construction Testing and Inspection Fees Estimate:………………………………………………………………..830,951 **Construction Materials Testing……………………………………………………………………….54,765 Construction Materials Testing Amendment No. 1………………………………………26,186 Construction Inspection Estimate………………………………………………………750,000 Design Fees:………………………………………………………………………………………………………………..2,762,568 Original Contract (LNV, Inc.)………………………………………………………………………………47,500 ***Amendment No. 1 (LNV, Inc.)………………...…………………………………………………….2,358,103 Amendment No. 2 (LNV, Inc.)………………...…………………………………………………….28,600 Amendment No. 3 (LNV, Inc.)………………...…………………………………………………….2,581 Amendment No. 4 (LNV, Inc.)………………...…………………………………………………….20,300 Amendment No. 5 (LNV, Inc.)………………...…………………………………………………….39,700 Amendment No. 6 (LNV, Inc.)………………...…………………………………………………….23,719 Amendment No. 7 (LNV, Inc.) THIS ITEM ... .242,065 Reimbursements:………………………………………………………………………………………………………….1,201,000 Contract Administration (Engineering Admin/Capital Budget/Finance)……………………….450,000 Engineering Services (Project Mgmt/Constr Mgmt)………………………………………………………………………….750,000 Misc…………………………………………………………………………………………………………………………….1,000 TOTAL $28,547,400 ESTIMATED PROJECT BUDGET BALANCE $0 *Construction contract approved by City Council on August 16, 2016 by Motion No. M2016-094 **Construction Materials Testing contract approved by City Council on August 16, 2016 by Motion No. M2016-094 ***Professional Services Contract approved by City Council on October 15, 2013 by Motion No. M2013-159 O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE BUILDING NO. 3 Council Presentation October 9, 2018 O.N. Stevens Water Treatment Plant High Service Building No. 3 Amendment No. 7 1 2 Project Location 3 Project Vicinity 4 Project Scope Amendment No. 7 extends construction phase support to match construction contract duration with additional construction phase technical support services as follows: •Unforeseen differing site conditions with surface and subsurface erosion that impacted foundation design for the project •Complexity of interconnectedness with other infrastructure improvements such as Generator Building, Clearwell No. 1 and other critical elements •Construction duration was extended from 35 to 39 months to coordinate and avoid disruption of critical plant operations 5 Project Schedule Project Estimate: 1,170 Calendar Days = 39 Months Projected Schedule reflects anticipated construction completion by December 2019. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Bid / Award 2016 2017 2018 Construction 2019 6 Questions? Contract for Professional Services Page 1 of 11 CITY OF CORPUS CHRISTI AMENDMENT NO. 7 TO THE CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E11066 - O.N. Stevens (ONS) Water Treatment Plant (WTP) High Service Building No. 3 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 LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 2 of 11 ARTICLE I – SCOPE OF SERVICES 1.1 The Consultant 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 Consultant 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 XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed 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 Consultant 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 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 subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant 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 Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 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 City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 of 11 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant 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. ARTICLE II – QUALITY CONTROL 2.1 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. 2.2 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 the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $242,065.00 for a total not to exceed amount of $2,762,567.91. 3.2 The Consultant’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. Consultant shall submit a Rate Schedule with their proposal. City and Consultant 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. 3.3 The Consultant 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. 3.4 The Director of Engineering Services may request the Consultant 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. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’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 reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices. 3.6 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. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services Page 4 of 11 Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 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 Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, 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. 3.11 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, 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 as required by the terms of this Agreement, any such claim shall be waived. 3.12 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. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant 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 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant 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 Contract for Professional Services Page 5 of 11 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required 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. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, 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. Contract for Professional Services Page 6 of 11 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. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 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. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 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. 8.3 Termination Procedure 8.3.1 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. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 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. Contract for Professional Services Page 7 of 11 8.3.4 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 IX – RIGHT OF REVIEW AND AUDIT 9.1 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. 9.2 Consultant’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 (Consultant’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 Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’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 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. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 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: 10.1.1 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; 10.1.2 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. 10.1.3 Losses are incurred because of errors and/or 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 errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/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 Contract for Professional Services Page 8 of 11 (4) Deadline for Consultant’s response. 10.3 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. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 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. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 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. 12.1.2 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. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 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 (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 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. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 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 Contract for Professional Services Page 9 of 11 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. 12.2.3.1 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 filing any lawsuit, request mediation of the dispute. 12.2.3.2 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. 12.2.3.3 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. 12.2.3.4 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. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 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 between the parties to this Agreement. 12.5 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. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 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 the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant 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 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. Contract for Professional Services Page 10 of 11 13.2 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 by the City, 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 licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing 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. 13.4 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. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement 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. 13.7 No Third-Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, 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 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. 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.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Page 1 of 5 801 NAVIGATION | SUITE 300 | CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 | FAX 361.883.1986 | WWW.LNVINC.COM August 27, 2018 Mr. Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RE: AMENDMENT NO. 7 TO PROFESSIONAL SERVICES CONTRACT O.N. Stevens Water Treatment Plant - High Service Pump Building No. 3 City Project E11066 Mr. Edmonds: In response to the City’s request, we are proposing Amendment No. 7 in the amount of $242,065.00 to provide additional services for the O.N. Stevens Water Treatment Plant - High Service Pump Building No. 3 project (E11066) for a total re-stated project fee of $2,762,567.91. PROJECT BACKGROUND Original Contract On February 18, 2013, LNV received formal Notice to Proceed (NTP) for engineering services associated with the preliminary design of the new High Service Pump Building No. 3 for a total fee of $47,500.00. This contract included the evaluation and inspection of the proposed site, performing system-wide hydraulic modeling, and developing design criteria which included demand projections, master plan recommendations, and recommendations from the Elevated Storage Tanks - Citywide and Alternative Capacity Requirement (ACR) projects. Amendment No. 1 On October 17, 2013, LNV received formal Notice to Proceed (NTP) for Amendment No. 1, which was approved by City Council on October 15, 2013 by Motion No. M2013-159, to provide all Basic and Additional Services associated with the design and construction of the new High Service Pump Building No. 3 and Alternative Power Expansion for a fee not-to-exceed $2,358,103.00 for a total restated fee not-to-exceed $2,405,603.00. Amendment No. 2 On April 9, 2015, LNV received formal Notice to Proceed (NTP) for Amendment No. 2 to provide Additional Service No. 23 - Geotechnical - Subsurface Investigation for the new High Service Pump Building No. 3 for a fee not-to-exceed $28,600.00 for a total restated fee not-to-exceed EXHIBIT A Page 1 of 5 Page 2 of 5 801 NAVIGATION | SUITE 300 | CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 | FAX 361.883.1986 | WWW.LNVINC.COM $2,434,203.00. This additional service provided a geotechnical investigation of the proposed site for the new pump building and a geotechnical engineering report, which included recommendations for the types of foundations and pavement sections that should be considered in the design of the High Service Pump Building No. 3. Amendment No. 3 On February 16, 2016, LNV received formal Notice to Proceed (NTP) for Amendment No. 3 to provide previously unscoped Basic Services (Design and Construction Administration) and Start-up, Warranty, SCADA and Equipment O&M Manual, Windstorm Certification, and Geotechincal - Subsurface Investigation Additional Services for a fee not-to-exceed $2,581.16 for a total restated fee not-to-exceed $2,436,784.16. This amendment reallocated unused funds from the Peer Review Coordination and Response Additional Service in the amount of $138,053.70. The elements added to the scope of work as a part of Amendment No. 3 included the following: High Service No. 2 Pump Discharge Control Valve Replacement High Service No. 2 Motor Protection Relay (MPR) Replacement Clearwell No. 1 Repairs Existing Alternative Power Building Retrofit and Windstorm Certification Amendment No. 4 On May 15, 2017, LNV received formal Notice to Proceed (NTP) for Amendment No. 4 to provide previously unscoped Basic Services (Design and Construction Administration) and Topographic Survey Additional Services for a fee not-to-exceed $20,300.00 for a total restated fee not-to-exceed $2,457,084.16. Amendment No. 4 included the assessment and recommendation to address erosion issues around existing Clearwell No. 2 and unstable soils along the drainage ditch south of High Service Pump Building No. 3, which were encountered during construction. Amendment No. 5 On January 9, 2018, LNV received formal Notice to Proceed (NTP) for Amendment No. 5 to provide previously unscoped Basic Services (Design) and Additional Services (Start-up, Warranty Phase, SCADA & Equipment O&M Documentation) for a fee not-to-exceed $39,700.00 for a total restated fee not-to-exceed $2,496,784.16. The purpose for Amendment No. 5 was to upgrade the control system network architecture to improve reliability and reduce complexity of the existing High Service No. 2 (HS#2) and new High Service No. 3 (HS#3) systems. Amendment No. 6 At this time, Amendment No. 6 is being processed by the City and includes the professional services to provide software programming that will test and verify the RTAC communication to all associated devices and will verify communication points with the Facility DCS System. The programming service is exclusive to the RTAC (Real Time Automation Controller – 1 Unit Total) and the associated Managed Ethernet Switches (3 Units Total) which function as PCR#2 and PCR#3 Power Protection Network Communication devices. This equipment serves as the interposing communication between the Motor Protection Relays (22 Units Total) as well as the Feeder Protection Relays (8 Units Total) located in PCR#2 and PCR#3 and the existing ONSWTP Facility EXHIBIT A Page 2 of 5 Page 3 of 5 801 NAVIGATION | SUITE 300 | CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 | FAX 361.883.1986 | WWW.LNVINC.COM SCADA system. The RTAC unit will be configured to poll for facility defined data from the PCR#2 and PCR#3 SEL-710 & SEL-751A relays. This work was originally in the Contractors scope and it was determined during construction that the Contractor’s integrator did not have the capabilities to perform the programming necessary to satisfy the contract requirements. As a result, the scope of work has been taken out of the Contractors contract at a deducted cost that equals the amount of Amendment No. 6. PURPOSE OF AMENDMENT NO. 7 Additional cost is being requested for the Construction Administration Phase services to compensate for the extended construction phase (9-months) in addition to the effort approved by the City that will be performed outside of existing contract obligations. In Amendment No. 1, the construction phase was estimated with a duration of 27 months. However, the construction duration has been extended to 36 months to account for the construction phasing required to minimize interruption to water system operations. Therefore, 9-months were not accounted for in the executed contract. Approximately 56 hours per month for the 9-month period not accounted for will be needed to complete the Construction Administration Phase for a fee of $100,440.00. In addition, efforts outside of the executed contract scope have been authorized and approved by the City to date. The additional effort includes resolving pier deficiencies for the High Service No. 3 building, performing additional windstorm inspections, expediting High Service No. 2 valve replacement work, providing construction administration phase services for control system modifications, and resolving generator building foundation deficiencies. The effort for these previously unscoped items has been billed to the City on a time and material basis out of the Construction Administrative Phase budget and has resulted in expending the budget prior to the completion of the project. Total compensation paid to date for this additional effort amounts to a cost of $97,350.00. It has also been proposed and received concurrence from City staff that the design team provide more frequent site visits/inspections above and beyond those required in the executed contract. They are necessary to assist with inspection of electrical, instrumentation, and control (EI&C) construction due to the complexity of the work at hand. Approximately 280 hours total will be needed to provide more frequent on-site construction observation specific to EI&C work as well as review, resolve, and coordinate any issues found for a fee of $44, 275.00. SCHEDULE All work under Amendment No. 7 of this contract shall be completed by the Engineer in accordance with the schedule provided below. Activity Completion Date Basic Services 4. Construction Administration Phase TBD; Based on Contractors Schedule EXHIBIT A Page 3 of 5 EXHIBIT A Page 4 of 5 AMENDMENT NO. 7 AMENDMENT NO. 7 ATTACHMENT 1 ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 AMD. NO. 4 AMD. NO. 5 AMD. NO. 6 AMD. NO. 7 TOTAL BASIC SERVICES 1. Preliminary Phase $ 47,500.00 $ 381,371.00 $ - $ - $ - $ - $ - $ - $ 428,871.00 2. Design Phase $ - $ 963,767.00 $ 88,304.86 $ 12,420.00 $ 26,870.00 $ - $ - $ 1,091,361.86 3. Bid Phase $ - $ 35,219.00 $ - $ - $ - $ - $ - $ 35,219.00 4. Construction Administration Phase $ - $ 277,453.00 $ 19,000.00 $ 4,880.00 $ - $ - $ 242,065.00 $ 543,398.00 SUBTOTAL BASIC SERVICES (AUTHORIZED) $ 47,500.00 $ 1,657,810.00 $ - $ 107,304.86 $ 17,300.00 $ 26,870.00 $ - $ 242,065.00 $ 2,098,849.86 ADDITIONAL SERVICES (ALLOWANCJ 1. Permit & Agency Coordination $ - $ 24,026.00 $ - $ - $ - $ - $ - $ - $ 24,026.00 2. Topographic Survey $ - $ 58,346.00 $ - $ - $ 3,000.00 $ - $ - $ - $ 61,346.00 3. Environmental Issues $ - $ 31,088.00 $ - $ - $ - $ - $ - $ - $ 31,088.00 4. Construction Observation Services $ - TBD $ - $ - $ - $ - $ - $ - $ - 5. Start -Up Services $ - $ 77,927.00 $ - $ 3,200.00 $ - $ 5,380.00 $ - $ - $ 86,507.00 6. Warranty Phase $ - $ 53,906.00 $ - $ 4,950.00 $ - $ 3,950.00 $ - $ - $ 62,806.00 7. SCADA & Equipment O&M Documentation $ - $ 51,175.00 $ - $ 2,000.00 $ - $ 3,500.00 $ - $ - $ 56,675.00 8. Public Involvement (N/A) $ - N/A $ - $ - $ - $ - $ - $ - $ - 9. Electronic Operations O&M Manual $ - TBD $ - $ - $ - $ - $ - $ - $ - 10. Conformed Contract Documents $ - TBD $ - $ - $ - $ - $ - $ - $ - 11. Existing Facilities Condition Assessment $ - TBD $ - $ - $ - $ - $ - $ - $ - 12. Windstorm Certification $ - $ 19,800.00 $ - $ 21,680.00 $ - $ - $ - $ - $ 41,480.00 13. Peer Review Coordination & Response $ - $ 153,393.00 $ - $ (138,053.70) $ - $ - $ - $ - $ 15,339.30 14. High Srvc. Pumping Sys. Energy Audit & Conservation Evaluation $ - TBD $ - $ - $ - $ - $ - $ - $ - 15. Physical Laboratory Scale Hydraulic Modeling Study $ - TBD $ - $ - $ - $ - $ - $ - $ - 16. Disinfection CT Evaluation $ - TBD $ - $ - $ - $ - $ - $ - $ - 17. Plant Process and Hydraulic Evaluation $ - TBD $ - $ - $ - $ - $ - $ - $ - 18. Electrical Studies $ - $ 51,150.00 $ - $ - $ - $ - $ - $ - $ 51,150.00 19. Control Logic & Application Development Support $ - $ 28,416.00 $ - $ - $ - $ - $ - $ - $ 28,416.00 20. Control System Integration Coordination $ - $ 28,416.00 $ - $ - $ - $ - $ - $ - $ 28,416.00 21. Project Manual $ - $ 23,650.00 $ - $ - $ - $ - $ - $ - $ 23,650.00 22. Program Management & Projects Coordination $ - $ 99,000.00 $ - $ - $ - $ - $ - $ - $ 99,000.00 23. Geotechnical - Subsurface Investigation $ - $ - $ 28,600.00 $ 1,500.00 $ - $ - $ - $ - $ 30,100.00 24. RTAC Programming— $ 23,718.75 $ $ 23,718.75 SUBTOTAL ADDITIONAL SERVICES (AUTHORIZED) $ - $ 700,293.00 $ 28,600.00 $ (104,723.70) $ 3,000.00 $ 12,830.00 $ 23,718.75 $ - $ 663,718.05 — TOTAL AUTHORIZED FEE $ 47,500.00 $ 2,358,103.00 $ 28,600.00 $ 2,581.16 $ 20,300.00 $ 39,700.00 $ 23,718.75 $ 242,065.00 $ 2,762,567.91 AMENDMENT NO. 7 ATTACHMENT 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). ▪ m ✓ x cQ CD o - W Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal’s time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/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. 1 Rev 04/17 EXHIBIT C Insurance Requirements 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 extended reporting period provisions 2 Rev 04/17 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 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 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 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 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; 1.6.4 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 3 Rev 04/17 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. 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, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings 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. 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; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 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. §§5101 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. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 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 15. 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 17.12 or 17.13. 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, Registered Architects or Registered Landscape 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. 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 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 Project 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. 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. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 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; 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, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 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 cost 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. 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 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 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 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 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 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 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 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 Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 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 16.04, 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. 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 — RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27 — CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 — VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 — EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 — MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 SUPPLIER NUMBER TO BE ASSIGNED BY CI fY = PURCHASING DIVISION wv City of Corpus Christi 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: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association X CITY: 2. Partnership 5. Other Corpus Christi ZIP: 78408 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°0 or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°0 or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" 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 I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyend • (Type or Print) Signature of Certifying Person: er AO/OP Title: President / CEO Date: 09/17/2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 09, 2018 Action Item for the City Council Meeting of October 16, 2018 DATE: October 09, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanGcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Chemical Analysis Services for Utilities Department CAPTION: Motion authorizing a four-year service agreement with Analysys, Inc., of Austin, Texas for the chemical analysis at the Water Utilities Lab, Pretreatment, and Wastewater Division of Utilities Department for the total amount not to exceed $269,776. PURPOSE: This service will provide chemical analysis necessary to ensure the above Utilities Departments satisfy their specialized testing requirements with regards to their TCEQ permits and regulations. BACKGROUND AND FINDINGS: The Water Utilities Lab is an accredited lab and provides analytical needs to all local sections of the Utilities department as well as numerous external non -city customers; however, TCEQ and other regulatory agencies require specialized testing that is outside of the scope of testing for the city's in-house laboratory. Therefore, it is necessary to subcontract these specialized tests to satisfy all permits for the department. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and one bidder has withdrawn the bid and staff is recommending the award to the lowest, responsive, responsible bidder, Analysys, 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: Utilities — Water Utilities, Wastewater Pretreatment and Wastewater FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $67,444 $202,332 $269,776 Encumbered / Expended Amount 0 0 0 This item $67,444 $202,332 $269,776 BALANCE 0 0 0 Fund(s): Water Utilities Lab, Wastewater Pretreatment and Wastewater Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Purchasing Division BUYER : JAPAN SHAH RFB 1659 Chemical Analysis for Utilities Deportment Utilities Department ALS Group" Test America Analysys Inc Ana Lab Item Description 1 Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Prices A Water Utilities Lab Mineral Set 1 Aluminum EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 2 Arsenic, Total EA 240 $ 4.00 $ 960.00 $ 7.00 $ 1,680.00 $ 13.00 $ 3,120.00 3 Arsenic Dissolved EA 220 $ 17.00 $ 3,740.00 $ 7.00 $ 1,540.00 $ 13.00 $ 2,860.00 4 Atrazine EA 220 $ 100.00 $ 22,000.00 $ 125.00 $ 27,500.00 $ 250.00 $ 55,000.00 5 Barium EA 220 $ 4.00 $ 880.00 $ 7.00 $ 1,540.00 $ 13.00 $ 2,860.00 6 Cadmium EA 220 $ 4.00 $ 880.00 $ 7.00 $ 1,540.00 $ 13.00 $ 2,860.00 7 Copper EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 8 Iron EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 9 Lead EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 10 Manganese EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 11 Mercury EA 220 $ 15.00 $ 3,300.00 $ 15.00 $ 3,300.00 $ 20.00 $ 4,400.00 12 Silica EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 13 Sodium EA 360 $ 4.00 $ 1,440.00 $ 7.00 $ 2,520.00 $ 13.00 $ 4,680.00 Metal Analysis $ $ $ - 14 Copper EA 240 $ 4.00 $ 960.00 $ 7.00 $ 1,680.00 $ 13.00 $ 3,120.00 15 Zinc EA 640 $ 12.00 $ 7,680.00 $ 7.00 $ 4,480.00 $ 13.00 $ 8,320.00 Storm water Runoff Analysis - 16 Cadmium EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 17 Copper EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 18 Chromium EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 19 Lead EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 20 Nickel EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 21 Zinc EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 22 Diazinon EA 80 $ 120.00 $ 9,600.00 $ 125.00 $ 10,000.00 $ 250.00 $ 20,000.00 23 Total Cyanide EA 120 $ 20.00 $ 2,400.00 $ 20.00 $ 2,400.00 $ 37.00 $ 4,440.00 Trmalomethanes- 24 TTHMs EA 600 $ 50.00 $ 30,000.00 $ 70.00 $ 42,000.00 $ 60.00 $ 36,000.00 B Wastewater Division $ $ - $ $ - $ - $ - 1 Arsenic, Total EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 2 Barium EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 3 Cadmium EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 4 Chromium EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 5 Copper EA 2320 $ 12.00 $ 27,840.00 $ 7.00 $ 16,240.00 $ 13.00 $ 30,160.00 6 Lead EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 7 Manganese EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 8 Mercury EA 80 $ 15.00 $ 1,200.00 $ 15.00 $ 1,200.00 $ 20.00 $ 1,600.00 9 Molybdenum EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 10 Nickel EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 11 Selenium EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 12 Silver EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 13 Zinc EA 80 $ 4.00 $ 320.00 $ 7.00 $ 560.00 $ 13.00 $ 1,040.00 Pretreatment Division 1st, 2nd, 3rd and 4th Quarter Sampling $ - $ - $ - $ - $ - $ - C1.1 Volatile Compounds includes EA 40 $ 50.00 $ 2,000.00 $ 90.00 $ 3,600.00 $ 780.00 $ 31,200.00 Acrolein $ - $ - $ Acrylonitrile $ - $ - $ Benzene $ - $ - $ Bromoform $ - $ - $ Carbon tetrachloride (tetrachloromethane) $ - $ - $ - Chlorobenzene $ - $ - $ - $ - Chlorodibromethane $ - $ - $ - Chloroethane $ - $ - $ - 2-Chloroethylvinyl Ether $ - $ - $ - Chloroform $ - $ - $ - Dicfdorobromethane $ - $ - $ - 1,1 - Dicfdoroethane $ - $ - $ - 1,2 - Dichloroethane $ - $ - $ - 1,1 - Dichloroethylene $ - $ - $ - 1,2 - Dichloropropane $ - $ - $ - 1,3- Dichloropropylene $ - $ $ - Ethyl benzene $ - $ - $ - Methyl Bromide $ - $ - $ - Methyl Chloride $ - $ - $ - Methylene Chloride $ - $ - $ - 1,1,2,2 -Tetrachloroethane $ - $ - $ - Tetrachloroethylene $ - $ - $ - Toulene $ - $ - $ - 1,2-TransDichloroetylene $ - $ 1,1,1 -Trichloroethane $ - $ - $ - $ - $ - $ - 1,1,2 -Trichloroethane $ - $ - $ - Trichloroethylene $ - $ - $ - Vinyl Chloride C.1.2 Acid Compounds includes EA 40 $ 50.00 $ 2,000.00 $ 85.00 $ 3,400.00 $ - 2- Chlorophenol $ - $ - $ - $ - $ - $ - 2,4-Dichlorophenol $ - $ - $ - 2,4- Dimethylphenol $ - $ - $ - 4,6- Dinitro-o-Cresol $ - $ - $ - 2,4- Dinitrophenol $ - $ - $ - 2- Nitrophenol $ - $ - $ - 4- Nitrophenol P -Chloro -m -Cresol $ - $ - $ - $ - $ - $ - Pentachlorophenol $ - $ - $ - Phenol $ - $ - $ - 2,4,6 -Trichlorophenol C.1.3 Base/Neutral Compounds includes EA 40 $ 50.00 $ 2,000.00 $ 85.00 $ 3,400.00 $ - Acenaphthene $ - $ - $ - $ - $ - $ - Acenaphthylene $ - $ - $ - Anthracene $ - $ - $ - Benzidine $ - $ - $ - Benzo(a)Anthracene $ - $ - $ - Benzo(a) Wren $ - $ - $ - 3,4- Benzollroranthene $ - $ - $ - Benzo(Khi)Perylene $ - $ - $ - Benzo(K) Fluoranthene $ - $ - $ - Bis(2-Chloroethoxy) Methane $ - $ - $ - Bis(2-Chloroethyl) Ether $ - $ - $ - Bis)2-Chloroisopropyl) Ether $ - $ - $ - Bis(2-Ethylhexyl) Phthalate $ - $ - $ - 4- Bromophenol Phenyl Ether $ - $ - $ - Butyl benzyl Phthalate $ - $ - $ - 2-Chloronaphthalene $ - $ - $ - 4-Chlorophenyl Phenyl ether $ - $ - $ - Chrysene $ - $ - $ - Diberuofa,h)Anthracene $ - $ - $ - 1,2 - Dichlorobenzene $ - $ - $ - 1,3- Dichlorobenzene $ - $ - $ - 1,4- Dichlorobenzene $ - $ - $ 3,3- Dichlorobenzidine $ - $ - $ - Diethyl Phthalate $ - $ - $ - Dimethyl Phthalate $ - $ - $ - Di -n -Butyl Phthalate $ - $ - $ - 2,4- Dinitro toluene $ - $ - $ - 2,6 - Dinitro toluene $ - $ - $ - Di -n- Octyl Phthalate $ - $ - $ - 1,2- Diphenyl Hydrazine $ - $ - $ - Fluoranthene $ - $ - $ - Flrorene $ - $ - $ - Hexachlorobenzene $ - $ - $ Hexachlorobutadiene $ - $ - $ Hexachloro-cyclopentadiene $ - $ - $ Indeno(1,2,3-cd) pyrene $ - $ - $ Isophorone $ - $ - $ Naphthalene $ - $ - $ Nitrobenzene $ - $ - $ N -Nitroso dimethylamine $ - $ - $ N-Nitroso-n-Propylamine $ - $ - $ N -Nitroso diphenylamine $ - $ - $ Phenanthrene $ - $ - $ Wrene $ - $ - $ 1,2,4-Trichlorobenzene C1.4 Pesticides includes EA 40 $ 100.00 $ 4,000.00 $ 180.00 $ 7,200.00 $ Aldrin $ - $ - $ $ - $ - $ Alpha hexachlorocyclohexane $ - $ - $ Beta -BHC $ - $ - $ Gamma -BHC (Lindane) $ - $ - $ Delta -BHC $ - $ - $ Chlordane $ - $ - $ 4,4 -DDT $ - $ - $ 4,4 -DDE $ - $ - $ 4,4 -DDD $ - $ - $ Dieldrin $ - $ - $ Alpha-Endosulfan $ - $ - $ Beta-Endosulfan $ - $ - $ - Endosulf Sulfate $ - $ - $ - Endrin $ - $ - $ - Endrin Aldehyde $ - $ - $ - Heptachlor $ - $ - $ - Heptachlor Epoxide $ - $ - $ Polychlorinated biphenols(PCBs) The sum of PCB concentrations not to exceed daily average value $ - $ - $ - PCB -1242 $ - $ - $ - PCB -1254 $ - $ - $ - PCB -1221 PCB -1232 PCB -1248 PCB -1260 PCB -1016 Toxaphene C.2 Chapter 307 includes 1,674.00 66,960.00 1,500.00 60,000.00 1,090.00 43,600.00 Aluminum Barium Bis(chloromethyq ether Carbaryl Chlorpyrifos Cresols 2,4-D Danko] Demeton Diazinon Dicofol Dioxin/Furans Diuron Fluoride GuU1on Hexachlorophene Malathion Methoxychlor Methyl Ethyl Ketone Mirex Nitrate- Nitrogen N-Nitrosodiethylantine N-Nitroso-di-n-Butylamine Nonylphenol Parathion Pentachlorobenzene Pyridine 1,2-Dibmmoethane 1,2,4,5 - Tetrachlorobenzene 2,4,5- TP(Silvex( Tributyltin 2,4,5 - Trichlorophenol TTHM (Total trihalomethanes) C.3 Metals, Cyanide and Phenols C.3.1 Total Cyanide EA 512 C.3.2 Total Phenols EA 512 C.3.3 Total Metals includes EA 128 C.4 20.00 10,240.00 20.00 10,240.00 37.00 18,944.00 20.00 10,240.00 20.00 10,240.00 37.00 18,944.00 163.00 20,864.00 150.00 19,200.00 217.00 27,776.00 Antimony, Total Arsenic, Total Beryllium, Total Cadmium, Total Chromium, Total Chromium (Hex) Chromium (11i) Copper, Total Lead, Total Mercury, Total Nickel, Total Selenium, Total Silver, total Thallium, Total Zinc, Total Cvarilde. Available C.4.1 TCLP Metals includes EA 24 C.4.2 TCLP Volatiles includes EA 24 C.4.3 TCLP Semi -Volatiles includes EA 24 C.4.4 Significant Industrial Users(SIU) Annual Samples Oil and Grease EA 4 30.00 $ 120.00 25.00 100.00 44.00 176.00 Phenols EA 4 20.00 $ 80.00 20.00 80.00 90.00 360.00 Arsenic EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Cadmium EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Total Chromium EA 12.00 $ 96.00 7.00 56.00 13.00 104.00 Copper EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Cyanide EA 4 20.00 $ 80.00 20.00 80.00 37.00 148.00 Lead EA 12.00 $ 96.00 7.00 56.00 13.00 104.00 Mercury EA 4 15.00 $ 60.00 15.00 60.00 20.00 80.00 Nickel EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Silver EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Zinc EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Non -polar Oil and Grease 4 35.00 $ 140.00 25.00 100.00 44.00 176.00 S 76.00 $ 1,824.00 $ 90.00 $ 2,160.00 $ 180.00 $ 4,320.00 $ 75.00 $ 1,800.00 $ 90.00 $ 2,160.00 $ 194.00 $ 4,656.00 $ 295.00 $ 7,080.00 $ 120.00 $ 2,880.00 $ 488.00 $ 11,712.00 Oil and Grease EA 4 30.00 $ 120.00 25.00 100.00 44.00 176.00 Phenols EA 4 20.00 $ 80.00 20.00 80.00 90.00 360.00 Arsenic EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Cadmium EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Total Chromium EA 12.00 $ 96.00 7.00 56.00 13.00 104.00 Copper EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Cyanide EA 4 20.00 $ 80.00 20.00 80.00 37.00 148.00 Lead EA 12.00 $ 96.00 7.00 56.00 13.00 104.00 Mercury EA 4 15.00 $ 60.00 15.00 60.00 20.00 80.00 Nickel EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Silver EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Zinc EA 4 4.00 $ 16.00 7.00 28.00 13.00 52.00 Non -polar Oil and Grease 4 35.00 $ 140.00 25.00 100.00 44.00 176.00 Total Toxic Organics EA 4 525.00 $ 2,100.00 $ 420.00 $ 1,680.00 $ 350.00 $ 1,400.00 Cobalt EA 4 $ 4.00 $ 16.00 $ 7.00 $ 28.00 $ 13.00 $ 52.00 Tin EA 4 $ 4.00 $ 16.00 $ 7.00 $ 28.00 $ 13.00 $ 52.00 Bis (2 -al -Mow]) phthalate EA4 $ $ 25.00 $ 100.00 $ 190.00 $ 760.00 Carbazole EA 4 $ 25.00 $ 100.00 $ - O-Cresole EA 4 400.00 $ 25.00 $ 100.00 $ - p-Cresole EA4 $ 25.00 $ 100.00 $ - Fluoranthene EA 4 $ 25.00 $ 100.00 $ n-Octadecane EA 4 $ 25.00 $ 100.00 $ - Safe and Environmental Fee Total *ALS Group has withdrawn their bid 10,835.00 270,103.00 269,776.00 390,056.00 SERVICE AGREEMENT NO. 1659 Chemical Analysis for Utilities Department THIS Chemical Analysis Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Analysys Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Chemical Analysis in response to Request for Bid/Proposal No. 1659 ("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 Chemical Analysis ("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 48 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $269,776.00, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Marisa Juarez Department: Utilities Phone: (361)-826-1201 Email: marisaj@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 001 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. 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. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Marisa Juarez Title: Laboratory Manager Address: 13101 Leopard St.78410 Phone: (361)-826-1201 Fax: None IF TO CONTRACTOR: Analysys Inc Attn: Michael Leva Title: President Address: 3512 Montopolis Dr, Austin, TX 78744 Phone: (512)-385-5886 Fax: (512)-919-4141 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. 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. 25. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTO,t vo Signature: 7 1 / ' Printed Name: Title: 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1659 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The Contractor shall provide chemical analysis for Water Utilities Lab, Wastewater division and Pretreatment division. Contractor shall perform chemical analysis as per the requirements outlined in Exhibits A to C. B. The Contractor shall conduct tests as per 40 Code of Federal Regulations (CFR) 136 - Water Methods. C. The Contractor shall responsible for providing labor, technician, equipment and transportation for these services. D. The Laboratory shall be accredited by TNI (NELAP). The City reserves the right to inspect the facility before start of the contract or any time after the contract. 1.2 Types of Chemical Analysis A. Water Utilities Lab - Exhibit A 1. Mineral Set Analysis 2. Metal Analysis 3. Storm water runoff Analysis 4. Trihalomethanes (TTHMS Analysis) B. Wastewater Division - Exhibit B 1. Metals C. Pretreatment Division - Exhibit C 1. 1st thru 4th Quarter Sampling 2. 1st Quarter Sampling 3. 3rd Quarter Sampling 4. Biosolids Testing 1.3 Sample Bottles and Shipment A. The Contractor must provide pre -labeled containers with preservative (where applicable) and ice chest/coolers for sample collection. The Chain of Custody use shall be provided by the Contractor. Actual data used to calculate Precision and Accuracy must be provided on the final report. The Minimum Analytical Levels (MAL/RL) must be achieved unless it is otherwise specified. B. The Contractor shall be responsible for picking up and drop off samples/container from the Lab. The Contractor shall arrange a schedule for pickup and drop off with the Contract Administrator. Page 1 of 2 1.4 Special Instruction A. The Contractor shall be responsible for providing reports to the Contract Administrator/Lab Manager. The Contract Administrator are provided in Exhibit D. B. Any outliers or change in analytical order shall be approved by the Lab Contract Administrator prior to proceeding with analysis. 1.5 Invoicing The Contractor shall invoice separately for each division/lab and submit a copy to the respective Contract Administrator. 1.6 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. 1.7 Deliverables The Contractor shall perform all analysis as per established methods and submit reports to the respective Contract Administrator/Lab Manager. Page 2 of 2 Q,pv1 0 6 i Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI >4 ; E.meow 1$52 Date: Revised BID FORM 07/06/2018 PURCHASING DIVISION RFB No. 1659 Chemical Analysis for Utilities Department PAGE 1 OF 8 Authorized ! /�% _ Bidder: Signature: [ i / 7)_ jea 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price A Water Utilities Lab Mineral Set A.1 Aluminum EA 360 A.2 Arsenic, Total EA 240 A.3 Arsenic Dissolved EA 220 A.4 Atrazine EA 220 A.5 Barium EA 220 A.6 Cadmium EA 220 A.7 Copper EA 360 A.8 Iron EA 360 A.9 Lead EA 360 A.10 Manganese EA 360 A.11 Mercury EA 220 A.12 Silica EA 360 A.13 Sodium EA 360 Metal Analysis A.14 Copper EA 240 A.15 Zinc EA 640 Storm water Runoff Analysis A.16 Cadmium EA 80 A.17 Copper EA 80 A.18 Chromium EA 80 A.19 Lead EA 80 A.20 Nickel EA 80 A.21 Zinc EA 80 A.22 Diazinon EA 80 A.23 Total Cyanide EA 120 Trihalomethanes II A.24 TTHMs EA 600 B Wastewater Division B.1 Arsenic, Total EA 80 B.2 Barium EA 80 B.3 Cadmium EA 80 B.4 Chromium EA 80 B.5 Copper EA 2320 B.6 Lead EA 80 B.7 Manganese EA 80 B.8 Mercury EA 80 B.9 Molybdenum EA 80 B.10 Nickel EA 80 B.11 Selenium EA 80 B.12 Silver EA 80 B.13 Zinc EA 80 C Pretreatment Division C.1 1st, 2nd, 3rd and 4t" Quarter Sampling C1.1 Volatile Compounds *includes EA 40 Acrolein Acrylonitrile Benzene Bromoform Carbon tetrachloride (tetrachloromethane) Chlorobenzene Chlorodibromethane Chloroethane 2-Chloroethylvinyl Ether Chloroform Dichlorobromethane 1,1 -Dichloroethane 1,2 - Dichloroethane 1,1 -Dichloroethylene 1,2 - Dichloropropane 1,3- Dichloropropylene Ethyl benzene Methyl Bromide Methyl Chloride Methylene Chloride 1,1,2,2- Tetra chloroethane Tetrachloroethylene Toulene 1,2- TransDichloroetylene 1,1,1- Trichloroethane 1,1,2- Trichloroethane Trichloroethylene Vinyl Chloride C.1.2 Acid Compounds *includes EA 40 2- Chlorophenol 2,4 - Dichlorophenol 2,4- Dimethylphenol 4,6 - Dinitro-o-Cresol 2,4 - Dinitrophenol 2- Nitrophenol 4- Nitrophenol P-Chloro-m-Cresol Pentachlorophenol Phenol 2,4,6 - Trichlorophenol C.1.3 Base/Neutral Compounds *includes EA 40 Acenaphthene Acenaphthylene Anthracene Benzidine Benzo(a) Anthracene Benzo(a) Pyrene 3,4- Benzoflroranthene Benzo(ghi)Perylene Benzo(K) Fluoranthene Bis(2-Chloroethoxy) Methane Bis(2-Chloroethyl) Ether Bis)2-Chloroisopropyl) Ether Bis(2-Ethylhexyl) Phthalate 4- Bromophenol Phenyl Ether Butyl benzyl Phthalate 2-Chloronaphthalene 4-Chlorophenyl Phenyl ether Chrysene Dibenzo(a,h) Anthracene 1,2 - Dichlorobenzene 1,3- Dichlorobenzene 1,4- Dichlorobenzene 3,3- Dichlorobenzidine Diethyl Phthalate Dimethyl Phthalate Di-n-Butyl Phthalate 2,4- Dinitro toluene 2,6 - Dinitro toluene Di-n- Octyl Phthalate 1,2- Diphenyl Hydrazine Fluoranthene Flrorene Hexachlorobenzene Hexachlorobutadiene Hexachloro-cyclopentadiene Indeno(1,2,3-cd) pyrene Isophorone Naphthalene Nitrobenzene N-Nitroso dimethylamine N-Nitroso-n-Propylamine N-Nitroso diphenylamine Phenanthrene Pyrene 1,2,4-Trichlorobenzene C.1.4 Pesticides *includes EA 40 Aldrin Alpha hexachlorocyclohexane Beta-BHC Gamma-BHC (Lindane) Delta -BHC Chlordane 4,4-DDT 4,4-DDE 4,4-DDD Dieldrin Alpha-Endosulfan Beta-Endosulfan Endosulfan Sulfate Endrin Endrin Aldehyde Heptachlor Heptachlor Epoxide Polychlorinated biphenols(PCBs) The sum of PCB concentrations not to exceed daily average value PCB -1242 PCB -1254 PCB -1221 PCB -1232 PCB -1248 PCB -1260 PCB -1016 Toxaphene C.2 Chapter 307 *includes EA 40 Aluminum Barium Bis(chloromethyl) ether Carbaryl Chlorpyrifos Cresols 2,4-D Danitol Demeton Diazinon Dicofol Dioxin/Furans Diuron Fluoride Guthion Hexachlorophene Malathion Methoxychlor Methyl Ethyl Ketone Mirex Nitrate- Nitrogen N-Nitrosodiethylamine N-Nitroso-di-n-Butylamine Nonylphenol Parathion Pentachlorobenzene Pyridine 1 ,2-Dibromoethane 1,2,4,5 - Tetrachlorobenzene 2,4,5- TP(Silvex) Tributyltin 2,4,5 - Trichlorophenol TTHM (Total trihalomethanes) C.3 Metals, Cyanide and Phenols C.3.1 Total Cyanide EA 512 C.3.2 Total Phenols EA 512 C.3.3 Total Metals *includes EA 128 Antimony, Total Arsenic, Total Beryllium, Total Cadmium, Total Chromium, Total Chromium (Hex) Chromium (Tri) Copper, Total Lead, Total Mercury, Total Nickel, Total Selenium, Total Silver, total Thallium, Total Zinc, Total Cyanide, Available C.4 Bio Solid Testing C.4.1 TCLP Metals *includes EA 24 Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver C.4.2 TCLP Volatiles *includes EA 24 Benzene Carbon Tetrachloride Chlorobenzene Chloroform 1,4- dichlorobenzene 1,2-dichloroethane 1,1-dichloroetylene Methyl ethyl ketone Tetrachloroethylene Trichloroethylene Vinyl Chloride C.4.3 TCLP Semi -Volatiles *includes EA 24 Chlordane 2,4-D 2,4-dinitrotoluene Endrin Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Lindane Cresols (total) o, m,p Methoxychor Nitrobenzene Pentachlorophenol Pyridine Toxaphene 2,4 -5 -trichlorophenol 2,4 -6 -trichlorophenol 2,4 -5 -TP (Silvex) C.4.4 Significant Industrial Users (SIU) Annual Samples C.4.1 Oil and Grease EA 4 C.4.2 Phenols EA 4 C.4.3 Arsenic EA 4 C.4.4 Cadmium EA 4 C.4.5 Total Chromium EA 8 C.4.6 Copper EA 4 C.4.7 Cyanide EA 4 C.4.8 Lead EA 8 C.4.9 Mercury EA 4 C.4.10 Nickel EA 4 C.4.11 Silver EA 4 C.4.12 Zinc EA 4 C.4.13 Non -polar Oil and Grease EA 4 C.4.14 Total Toxic Organics EA 4 C.4.15 Cobalt EA 4 C.4.16 Tin EA 4 C.4.17 Bis (2-ethylexyl) phthalate EA 4 C.4.18 Carbazole EA 4 C.4.19 O-Cresole EA 4 C.4.20 p-Cresole EA 4 C.4.21 Fluoranthene EA 4 C.4.22 n-Octadecane EA 4 TOTAL 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 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 $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit Page 1 of 3 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; Page 2 of 3 ■ 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. 2018 Insurance Requirements Utilities -Water Lab Analysis 01/26/2018 cg Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS There is no warranty requirement for these services. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 9, 2018 Action Item for the City Council Meeting of October 16, 2018 DATE: September 12, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation freds@cctexas.com (361) 826-3932 Land Purchase Corpus Christi International Airport — 50.535 acre acquisition (Capital Improvement Program) CAPTION: Motion to authorize execution of a real estate sales contract with Patrick William Kelly, III and Carol Lynn Gillingham in the amount of $235,200 plus $2,700 in estimated closing costs for acquisition of 50.535 acres of land including mineral rights, located on Joe Mireur Road (FM763), south of Corpus Christi International Airport for airport land expansion and other purposes. PURPOSE: The acquisition of this tract of land will enable the Corpus Christi International Airport to continue their ongoing land acquisition plan to purchase available vacant tracts of land for airport expansion use to accommodate a future runway and noise abatement buffer zones. BACKGROUND AND FINDINGS: In June 1990, a Master Plan was approved by City Council which proposed acquisition of lands for the expansion of the Corpus Christi International Airport (CCIA). The expansion plan would provide sufficient area for a new runway and adequate buffer zones for sound abatement. On Project No: E17121 Page 1 of3 EG/CJ Legistar No.: 18-1211 Rev. 1 9/14/18 September 28, 1999, City Council adopted the CCIA Master Plan Update, which expanded the previous airport development plan to its ultimate capacity and addressed both existing and future land uses around the airport. Thirty-seven parcels of land located south and east of the existing airport boundary were identified and selected for gradual, long term acquisition by the City. Eight of these tracts have been acquired on a voluntary basis from various landowners with no eminent domain involvement. More land is to be acquired as CCIA budget permits and as landowners are willing to sell. In September 2017, CCIA was contacted by the subject landowners about purchasing their 50.535 acres of agricultural land south of the airport which is shown in red on the attached Location Map. This land is within the airport's expansion plan area and qualifies for reimbursement by the Federal Aviation Administration (FAA) if acquired abiding by the federal land acquisition regulations. The FAA also made it a requirement for the City to acquire both the surface and mineral rights. The City proceeded with due diligence by obtaining a title report, land survey, environmental site analysis, appraisal report and an appraisal review. The appraisal report was obtained from Valbridge Property Advisors which indicated the total value to be $235,200. The surface rights were valued at $215,000 with $20,200 for the mineral rights. A formal offer was made by the City to the landowners for the total appraised amount. The landowners accepted the offer and have signed a Real Estate Sales contract which is attached for reference. The contract will be escrowed at Security Title Company at 5702 S. Staples Street, Corpus Christi, Texas. All real estate purchases that exceed $50,000 must be approved by City Council. Approval of the real estate purchase and execution of the real estate sales contract by the City Manager or designee is requested. ALTERNATIVES: 1. Authorize purchase of the subject property. (Recommended) 2. Do not authorize purchase of the subject property. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation Department Project No: E17121 Page 2 of 3 EG/CJ Legistar No.: 18-1211 Rev. 1 9/14/18 FINANCIAL IMPACT: ❑ Operatin ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 237,900.00 237,900.00 Encumbered / Expended Amount This item 237,900.00 237,900.00 Future Anticipated Expenditures This Project BALANCE 0.00 0.00 Fund(s): Airport RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Real Estate Contract Project No: E17121 Page 3 of3 EG/CJ Legistar No.: 18-1211 Rev. 1 9/14/18 CORPUS CHRISTI INTERNATIONAL AIRPORT CCIA 2018 LAND ACQUISITION (50.535 ACRES LAND PURCHASE) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES w•r DEPARTMENT OF ENGINEERING SERVICES CCIA 2018 Land Acquisition Project, #100030 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract ("Contract") is entered into by and between PATRICK WILLIAM KELLY, III, (25% undivided interest) of 304 W. Bell Street, Houston, Texas 77019 and CAROL LYNN GILLINGHAM, (75% undivided interest) of24814 Caliza Terrace, Boerne, Texas 78006, collectively called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, hereinafter called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate together with the mineral estate of the property described below together with together with all rights, privileges and appurtenances pertaining to the property situated in Nueces County, Texas: A tract of land containing 50.535 -acres, more or less, out of the Enriquez Villarreal Grant A-1, Nueces County, Texas, being the North half of the West 202.14 acres of Tract #5 of the Subdivision recorded in Volume 8, Page 40, of the Plat Records of Nueces County, Texas, and as described on the attached Exhibit A. 2. Purchase Price. Buyer agrees to pay $235,200 cash to Seller at Closing. 3. Title Insurance, The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2017. All property taxes for the year 2018, if any are due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2018 to the 1 date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Five Hundred Dollars and no cents ($500.001 with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager, or designee, on behalf of the Buyer. Buyer must execute this Contract within sixty (60) days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10. Buyer's Due Diiligence. At Buyer's cost, Buyer has performed their due diligence in obtaining a land survey, environmental site analysis, title policy commitment and mineral title report. No additional time is requested by Buyer for performance of its inspections or due diligence. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, Warty, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after 2 closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as of the effective date of this Agreement and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law (as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Conveyance. The sale of the Property is with minerals. Seller conveys unto Buyer all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. 3 Executed in triplicate, any of which constitutes an original. SELLER Patrick William Kelly III THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on , 2018 by Patrick William Kelly, III. [Seal] Notary Public in and for the State of Texas Carol Lynn Gillingham THE STATE OF TEXAS § COUNTY OF +IX -Ir § This instrument was acknowledged before me on by Carol Lynn Gillingham. KATHERINE IDAR ry ED # 124015546 ples October 18, 2021 /3 .2018 a1.}2r. Notary` ublic in and for the State of Texas Executed in triplicate, any of which constitutes an original. SELLER Patrick William Kelly III THE STATE OF TEXAS § COUNTY OF bIarrrS § This instrument was acknowledged before me on -C /'►fl Ler 71 -4 -- by `4 -by Patrick William Kelly, III. [Seal] Notlice in and for the State of Texas Carol Lynn Gillingham THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on , 2018 by Carol Lynn Gillingham. ,2018 Notary Public in and for the State of Texas [Seal] BUYER CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P.O. Box 9277 1201 Leopard Street, City Hall Corpus Christi, Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018 by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas !Seal' APPROVED AS TO LEGAL FORM, THIS B DAY OF ]� , 2018. FOR THE CITY ATTORNEY .1 et Kellogg, Assistant City Attorney CITY LEGAL DEPARTMENT 5 EXHIBIT A 50.535 acres of land, more or less, out of the Enriquez Villareal Grant A-1, Nueces County, Texas, being the North half of the West 202.14 acres of Tract #5 of the Subdivision of the Margaret Kelly Lands (the "Subdivision") as shown on the Map of the Subdivision recorded in Volume 8, Page 40, of the Plat Records of Nueces County, described as follows, to -wit: Starting at a post in the centerline of Bear Lane (formerly known as Kosar Road) said post bearing S. 89 deg - 34' 30" E, a distance of 608.83' from the NW corner of Tract #1 of said Subdivision; Thence, N. 89 deg - 34' 30" W, 606.83' along the North boundary of Tract #1 of said subdivision to the intersection of the West boundary of Tract #1 and the East boundary of Tract #6 of said Subdivision; Thence South 42 deg - 40' 26" along the common boundary of Tract #1, #2, and #6 of said subdivision to the intersection of the North boundary of Tract #5 of said subdivision; Thence West 1396.89' along the common boundary of Tracts #5 and #6 of said Subdivision to the intersection of the NW corner of a 71.64 acre tract being the East 71.64 acres of Tract #5 of said subdivision; TO A POINT OF BEGINNING Thence, continuing along this same land West 3931.83' which is the North boundary of Tract #5 and the South boundary of Tracts #6 and #7 of said Subdivision, to the NW corner of Tract #5 of said subdivision and the NW corner of this 50.535 acre tract of land; Thence S. 0 deg - 25' 50" W, 559.59' which is the common boundary of Tracts #5 and #8 of said subdivision, and the center lien of FM 763, to the SW corner of this 50.535 acre tract of land; Thence East 3936.04' along the common boundary of the South boundary of the North half of the North Half of the West 202.14 acre of Tract #5 of said Subdivision and the North boundary of the South Half of the North Half of the West 202.14 acres of tract #5 of said subdivision , to the intersection of the West boundary of the 71.64 acre tract mentioned above, and the SE corner of this 50.535 acre tract; Thence North 559.57' to the point of beginning, and the NE corner of this 50.535 acre tract and closure of this tract, with said tract containing 50.535 acres. 6 ACIIIII Corpus Chr sti Engineering Land Purchase Corpus Christi International Airport - 50.535 acre acquisition (Capital Improvement Program) City Council Presentation October 9, 2018 CCIA Land Acquisition 50.535 acre land purchase Corpus Chr'sti Engineering HUB= &Y 50,535 AC. LAND PURCHASE SCALE: N.T.S. mares Hann an CCIA Land Acquisition 50.535 acre land purchase cgo Corpus Chr sti Engineering CORPUS CHRISTI INTERNATIONAL AIRPORT 3 esc ,,e,, CCIA Land Acquisition Y r1 m 1 r .a 8z 50.535 acre land p urchase Corpus Chr'sti Engineering CLIA Land Acquisition 50.535 acre land purchase k* Corpus Chr sti Engineering • Area of land is 50.535 acres located south of CCIA on FM 763 • Total purchase price is $235,200 plus $2,700 for closing costs • Appraised land value is $215,000 or $4,254 per acre • Appraised mineral right value is $20,200 • City has obtained Land Survey, Environmental Site Analysis, Mineral Title Report, Appraisal, and Appraisal Review • Land purchase is eligible for FAA reimbursement since City is following Federal acquisition guidelines • Land will leased for farming use until needed for expansion • Contract to be escrowed at Security Title Company CLIA Land Acquisition 50.535 acre land purchase Corpus Chr sti Engineering QUESTIONS? 6 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 9, 2018 Second Reading for the City Council Meeting of October 16, 2018 DATE: September 12, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6641 Lipes Boulevard (2/3 Vote Required) CAPTION: Case No. 0918-01 Staples Development, LLC: Request for rezoning property at or near 6641 Lipes Boulevard from "FR" Farm Rural District to the "RM -1" Multifamily 1 District. (2/3 Vote Required) PURPOSE: The purpose of this item is to allow for the construction of a multifamily apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM -1" Multifamily 1 District. Vote Results: For: 7 Opposed: 1 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RM -1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lip Not applicable Fiscal Year: 2018- 2019 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 Case No. 0918-01 Staples Development, LLC: Ordinance rezoning property at or near 6641 Lipes Boulevard from the "FR" Farm Rural District to the "RM -1" Multifamily 1 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Staples Development, LLC. ("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, a public hearing was held on Wednesday, September 5, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "FR" Farm Rural District to the "RM -1" Multifamily 1 District and on Tuesday, October 9, 2018, 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 Staples Development, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described 10.04 acres out of Lot 3, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, east of Cimarron Boulevard, and west of Bronx Drive (the "Property"), from the "FR" Farm Rural District to the "RM -1" Multifamily 1 District (Zoning Map No. 043031), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 3 of 6 CASE: 0918-01 ZONING & NOTICE AREA 1111-1 Mull., '11 RN -Y NUYran IC f FM .4 Nu1Eamiy ON Prot. cclon..011be RM.R1- Nu�Eanly Ai pl-1 10.ND0orhood Canine relal CM, NalODDo.NOO Connef4Y1 CR.1 R6 1411 Commerelal CR -Z Ib so r4 Commerolal CO -1 OoneralCommend.. VO-2 Oenen.ol common... p OrVn.re CommeroLI CBD Downtown Dommemlal CR -4 Ib m. rl Cemmerelal PR Ram Rur.. H Nclorb Or ..lar L L1gltlfBlp51N - - !.7 :ndu OM.. _ - _ --e]Well Dox Overlay - =.5m1010 Rt -4.6 - -amt. 4.6 Rt -TF i'x -.:y R2-16 _ .1 / IS aP_ _ RO RE. 747 __ ._ _ PC11 o 1®1AO, 2WhEt, 2.0 ''Rope•'!' 0F., 4Owners.r'nPOT =m X Owners RON,. Dane a e hymn S UBJECT PROPER * l I 'LOCATION MA' Pi `--,• — m° ' Cityof C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 4 of 6 Texas GeoTech ENGINEERING & LAND SURVEYING, INC. EXHIBIT ".A" 10,04 Acre Tract of Land Being a total of 10.04 acre tract of land, more or less, being the northwest half of Lot 3, Section 21, FLOUR BLUFF and ENCINAL FARM and GARDEN TRACTS, a map of which is recorded in Volume A, pages 4143, Map Records, Nueces County Texas and also being the same tract of land deeded to Staples Development, LLC, in Document No. 2005032049 of the Official Public Records of Nueces County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 518 inch iron rod found for the northeast comer of Lot 1, Butler Addition recorded in Volume 67, Page 52 of the Map Records of Nueces County Texas, 5/8 inch iron rod being the southeast corner of this tract: THENCE N 61° 20' 29" W with the north lot line of said Lot 1, a distance of 330.01 feet to a 5/8 inch iron rod set for the northwest comer of said Lot I, same being the southwest comer of this tract; THENCE N 28° 39' 31" E at a distance of 1305.32 feet pass a 5/8 inch iron rod found on thc north right of way line of Lipes Blvd., in all a distance of 1325.32 feet to a point in the centerline of said Lipes Blvd., and being the northwest comer of this tract; THENCE S 61° 21' 17" E with the centerline of said Lipes Blvd., a distance of 329.70 to a point on thc center line of said Lipes Blvd., and being thc northeast corner of this tract; THENCE S 28° 38' 43" W at a distance of 20.00 feet pass a 5/8 inch iron rod set on thc south right of way linc of said Lipes Blvd., in all a distance of 1325.40 to the POINT OF BEGINNING and containing 10.04 acre tract of land, more or Icss. This fetid r utt7 dcs[rihiiun eantiiruil's a Itgal dut'uml'vu unless if appran IN ltT entirety. in ils original from. st'aI and .ugnatnr purlt't or orslaNrt tut retlpinsihilitV or li,ihrlin a dituint a u/'it% cerrerrnrtt. 1, i t 3/MVO y re,vormenJeJ. N distance Of the C,NalnuiUV affarurl' iunrt.s, thus ihl+ Jrr'umfrr he ineflrl..ruu' in all blurt. c ntryan(.S. n that r any retirions or deltli,m, July 24, 2018 170301.doc rrrl T. Mnnre Register Professional Land Surveyor License Number 4854 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 5 of 6 EXHIBIT "B" CALLED 6 606 AC MCSTA0•AS .NKSTMENT3 MST DOC/ 2015041331 0 P R.N C.T CALLED 6 51 AC wAC( EDNA MAE OP #N C 1. a,L C41 4.-470 C J.♦ S 4' S7f CALLED 1000 AC PASZTOR EST MARGARET OOCI 36390 O P R.N C T CALLED 1000 AC. ARAM JERRY a DDC/ 20002092*7 OPRNCT 0-r . RAS AC i►elE6 DOC/ 2005050130 OPR.NC_I. -- -r1 PI OUR JL LH= r ARM AND VOL UM CALLED 12 0t AC CCRSAL OE6ELOPMENT LLI_ DDC/ 2012032200 N 21 OP.RNCT. AND E'NC1NAL F W5.1N1 TRACTS PAC=,J 41 43 ACT LOT 1, 6uIULR 60tH (VI • ..GLUME 67, PAGE 52 MRNCT 1, JARREL L MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE- PRESENTS AN ACTUAL SURVEY MADE ON THE CROUNO UI4OER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS THIS THE 24TH DAY OF JULY 2018. .44 r.EDED L M00RE PROFESSIONAL LAND SURVEYOR LK ENSE No. 4854 c. SURVEY: Being a total of 10.04 ocre tract of land, more or Ins, being the northlrest half of Lot 3, Section 21. FLOUR BLUFF and ENCIVAL FARM and GARDEN TRACTS, o mop of which is recorded in Volume A. Pa96a 41-43, Mop Records, Notices County Texas and also being the same tract of land deeded to Staples Development, LLC, in Document No. 2005032049 of the Official Public Records of *Aces County, Terns. NOTE: TN15 SURVEY WAS DONE WITHOUT THE BENEFIT' OF A TITLE COMMITMENT, THUS NOT ALL EASEMENTS OR SETBACKS ARE SHOWN, :F ANY. TEXAS GEO TECH LAND SURVEYING, INC 6330 SARATOGA BLVD. SUM C Corpus Christi. TX 76414 (3m) 993-0608 fez (361) 993-2066 DATE: 07/24/2018 DRAWN: RC SCALE: 1- — 200' JOB NUMBER: 170301 APPROVED: JL/ SURVEY: ALEX C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D70F4\@BCL@B40D70F4.docx Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No.0918-01 INFOR No. 18ZN1021 Planning Commission Hearing Date: September 5, 2018 Applicant& Legal DescriptionOwner: Staples Development, LLC. Applicant:Staples Development, LLC. Location Address:6641 Lipes Boulevard Legal Description:10.04 acres out of Lot 3, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, east of Cimarron Boulevard, and west of Bronx Drive.Zoning RequestFrom: “FR” Farm Rural District To:“RM-1” Multifamily 1 District Area: 10.04 acres Purpose of Request: To allow for the construction of a multifamily apartment complex.Existing Zoning and Land UsesExisting Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural District Vacant Medium Density Residential North “FR” Farm Rural District Public/Semi-Public Government (CCISD) South “FR” Farm Rural District Commercial and Vacant Commercial East “RM-1” Multifamily 1 District Vacant High Density Residential West “FR” Farm Rural, “RM-2” Multifamily 2, and “CN-1” Neighborhood Commercial Districts Vacant Medium and High Density Residential ADP, Map & ViolationsArea Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RM-1” Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 043031 Zoning Violations: None TransportationTransportation and Circulation: The subject property has approximately 329 feet of frontage along Lipes Boulevard, which is designated as a “C3” Primary Collector Street. According to the Urban Transportation Plan, “C3” Primary Collector Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). The site is serviced by Route 26 of the Corpus Christi Regional Transit Authority. The nearest bus stop is 1,700 feet to the northwest in front of Veterans Memorial High School. Staff Report Page 2 Street R.O.W.Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Lipes Boulevard “C3” Primary Collector 75’ ROW 50’ Paved 60’ ROW 25’ Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District to allow for the construction of a multifamily apartment complex. Development Plan: The subject property is 10.04 acres in size. The owner is proposing an apartment complex at 22 units per acres equaling a maximum of 220 apartment units. The owner bases his request on the future development of Del Mar College South Campus and the need for student housing in close proximity. The subject property is within walking/biking distance. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District and consists of vacant land. The subject property was zoned “FR” Farm Rural in 1995 at the time of annexation and has remained undeveloped. To the north is Veterans Memorial High School zoned “FR” Farm Rural District. To the south are vacant tracts zoned “FR” Farm Rural District. Separating the subject property from the southern properties is Master Channel 31. Master Channel 31 has a drainage right-of- way width of approximately 140 feet and a depth of 7.21 feet. To the east is a vacant tract recently zoned “RM-1” Multifamily 1 District in June of this year. Further to the east is a single-family residential subdivision (Airline Crossing Unit 2) zoned “RS-6” Single- Family 6 District. To the west are vacant tracts zoned “FR” Farm Rural, “RM-2” Multifamily 2, and “CN-1” Neighborhood Commercial Districts. The original “CN-1” and “RM-2” rezonings occurred in 2015. Most recently a tract was rezoned “RM-2” Multifamily District in May of this year. Separating the subject property from a portion of the western properties is Master Channel 31. Master Channel 31 has a drainage right- of-way width of approximately 140 feet and a depth of 7.21 feet. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water:12-inch C900 line located along Lipes Boulevard in front of the subject property. Wastewater:No wastewater service is currently available. However, waste water access is available via manhole approximately 1,200 feet to the east along Lipes Boulevard at a depth of 13.2 feet. Gas:No gas service is currently available. Staff Report Page 3 Storm Water:Storm water drainage is available along Lipes Boulevard in front of the subject property to the north or via Master Channel 31 to the west and south. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the “CN-2” Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and is consistent with the following policies: Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating “transit-ready” locations. (Future Land Use, Zoning, and Urban Design Policy Statement 2) Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. The property is currently vacant, is a remaining undeveloped lot, and has not been developed since annexation in 1995. Master Channel 31 has a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet and will act as a buffer between the subject property to the south and a portion to the west. Recent rezonings have occurred to the west in 2015 to the “CN-1” Neighborhood Commercial District and to the “RM-1” Multifamily 1 District. Most recently to the Staff Report Page 4 east, a zoning case was passed in June of this year to the “RM-1” Multifamily 1 District regarding an apartment complex with a maximum density of 235 dwelling units. Based on recent zoning changes along Lipes Boulevard (C3 Primary Collector) a trend towards multifamily development is occurring. Such a trend is consistent with the goals and policies of the Comprehensive Plan. Infill of remaining adjacent “FR” Farm Rural Tracts will be addressed by future rezonings and may generate further amendment of the Future Land Use Map. Del Mar College South Campus and the need for student housing in close proximity. The subject property is within walking/biking distance. The subject property is less than half a mile away via the future expansion of Bronx Avenue. Planning Commission and Staff Recommendation (September 5, 2018): Approval of the change of zoning from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District. Vote Results: For: 7 Opposed: 1 Absent: 1 Abstained:0 Public NotificationNumber of Notices Mailed – 10 within 200-foot notification area 5 outside notification area As of August 31, 2018: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0918-01 Staples Development, LLC\Council Documents\CC Report_0918-01 Staples Development, LLC.docx Staff Report Page 5 City Council Presentation October 9, 2018 Zoning Case #0918-01 Staples Development, LLC. Rezoning for a Property at 6641 Lipes Boulevard 2 Aerial Overview Subject Property at 6641 Lipes Boulevard 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the change of zoning from the “FR” Farm Rural District to the “RM-1” Multifamily 1 District 6 Public Notification 10 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 7 UDC Requirements Buffer Yards: “RM-1” to “FR” Parcel developed second Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height) Parking: 1 BR – 1.5 spaces/unit 2 BR – 2 spaces/unit 1 space/ 5 units – Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes, Apartments, and Day Care Uses. 8 Utilities •Water:12-inch C900 Line •Wastewater:No wastewater service is currently available. However, a manhole is approximately 1,200 feet to the east along Lipes Boulevard at a depth of 13.2 feet. •Gas:No service available •Storm Water:Storm water drainage is available along Lipes Boulevard in front of the subject property to the north or via Master Channel 31 to the west and south. Schools and Multifamily Uses 9 DATE:September 24, 2018 TO:Keith Selman, Interim City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing acceptance of $54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of $14,000 and in-kind match of $8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of $14,000 from General Fund to Police Grants Fund. PURPOSE: Year 19 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $54,339.42 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $8,280 in-kind contribution, and the City contributes $14,000 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2018 – 8/31/2019. Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department AGENDA MEMORANDUM First Reading for the City Council Meeting of October 9, 2018 Second Reading for the City Council Meeting October 16, 2018 ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $14,000 $14,000 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Award Ordinance authorizing acceptance of $54,339.42 grant from State of Texas, Criminal Justice Division for Violence Against Women Program with cash match of $14,000 and in-kind match of $8,280; appropriating $54,339.42 in Police Grants Fund; and authorizing transfer of $14,000 from General Fund to Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $54,339.42 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department with a cash match of $14,000.00 and an in-kind match of $8,280.00 for a total project cost of $76,619.42. SECTION 2.That $54,339.42 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant program in the Police Department. SECTION 3.The transfer of $14,000.00 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $76,619.42. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2018, by the following vote: Joe McComb _____________Ben Molina ____________ Rudy Garza _____________Everett Roy ____________ Paulette Guajardo _____________Lucy Rubio ____________ Michael Hunter _____________Greg Smith ____________ Debbie Lindsey-Opel _____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2018, by the following vote: Joe McComb _____________Ben Molina ____________ Rudy Garza _____________Everett Roy ____________ Paulette Guajardo _____________Lucy Rubio ____________ Michael Hunter _____________Greg Smith ____________ Debbie Lindsey-Opel _____________ PASSED AND APPROVED on this the _______ day of _______________, 2018. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of October 9, 2018 Second Reading for the City Council Meeting of October 16, 2018 DATE:September 18, 2018 TO:Keith Selman, Interim City Manager FROM:Nina Nixon-Méndez, FAICP, Director NinaM@cctexas.com (361) 826-3276 CAPTION: Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty. PURPOSE: The purpose of this item is to exempt flea markets and farmers market vendors from the requirement to obtain a City vendor permit when operating at a designated outdoor location used primarily for the distribution and sale directly to consumers for produce by farmers or other producers, or for the sale or bartering of goods, excluding mobile food vendors. BACKGROUND AND FINDINGS: Existing ordinance language requires any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises; and outside a permanent, established structure to obtain a vendor permit. Vendors operating at flea markets and farmers markets conducted in designated outdoor locations with the permission of the property owner, excluding mobile food vendors, do not pose a threat to the safety, health or welfare of the public. Therefore, no City vendor permit should be required. Flea markets and farmers markets are already regulated through building codes, zoning, and certificates of occupancy. A flea market or farmers market should not necessitate a vendor permit because the consumer is seeking the services on site as opposed to going door to door or to a public area. ALTERNATIVES: Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting Denial or alteration of the proposed amendment. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: □Operating X Revenue □ Capital □Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments:None RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 1 Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting; and providing for penalty BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinance, Section 38-2 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 38-2. - Definitions and construction. (a) As used in this article, the following definitions shall apply: (1) Bayfront seawall shall mean the protective retaining wall running along the shore of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon. (2) Business shall mean any marketing activity conducted for the sale or rental of goods or services for private profit on any premises in this city. (3) City shall mean the City of Corpus Christi, Texas, or where the context indicates, the city manager or his designated representative or other authorized representative of the city. (4) Commercial printed matter means any printed or written matter whether on a sample, device, circular, leaflet, pamphlet, paper or booklet or whether printed, reproduced or copied of any matter or literature which advertises for sale any merchandise, product, commodity, or services; or: a. Directs attention to any business, or commercial establishment, or other activity for the purpose of either directly or indirectly promoting sales; b. Directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken to defray expenses; or c. While containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising or for the private benefit and gain of any person so engaged as the advertiser or distributor. (5) Commercial solicitor shall mean any person without a permanent business establishment within the city who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. 2 (6)Farmers market means a designated outdoor location used primarily for the distribution and sale directly to consumers of produce by farmers or other producers. (7)Flea market shall mean a designated outdoor location provided to two or more persons used primarily for the sale or bartering of goods. (68) Home solicitation means the business of soliciting, selling, offering for sale, renting or offering for rent or taking orders for goods or services or distributing commercial printed matter by means of going on private premises from house to house, including apartment homes and other multi-family housing, without the prior expressed request or consent of the owner or occupant thereof. (79) Itinerant merchant shall mean any person without a permanent business establishment within the city who engages in a temporary business of selling, offering for sale, renting or offering for rent any goods or services from a permanent, established structure. Temporary association with an established resident business or person shall not excuse any itinerant merchant from the terms of this article. (810) Local youth organization means an organization that meets all of these requirements: (i) is a charitable or nonprofit entity, or a public or private primary or secondary school, or a program unit authorized by any such school (such as a band, athletic team, student club, etc.); and; (ii) which raises funds for the organization by predominantly using children; (iii) has not been accused by any law enforcement agency of fraud, child labor law violations, or other crime against residents in the course of soliciting. All local youth organizations must have a physical address in City of Corpus Christi. (911) Mobile food unit means a food establishment contained within a motor vehicle or a trailer capable of being mounted on a motor vehicle, stand, cart, craft, or other equipment or device for the purpose of parking or stopping briefly for selling food and beverages directly from the vehicle, trailer, stand, cart, craft, or other equipment or device to customers who approach the unit. Mobile food unit does not include a converted storage/shipping container or other similar structure. (102) Mobile food vendor means a vendor who specifically engages in the business of selling or offering for sale food and beverages directly from a mobile food unit in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises. (114) Panhandle means the employment of the spoken, written or printed word or other acts as are conducted in the furtherance of the purpose of immediately collecting money or any other item of value for the use of one's self or others. (125) Peddler shall mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the 3 owner or occupant thereof, and who makes delivery at or near the time of any such transaction. (136) Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on- going commercial or industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. (147) Person shall mean any individual, firm, company, corporation, organization, partnership, association or other legal entity. (158) Tourism/leisure activities means endeavors which encourage and or accommodate recreational use and enjoyment of the bayfront seawall area by tourists and members of the community. (169) Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or device, except a mobile food unit, used by a vendor for the storage or display of goods for sale or rent or in the actual rendering of services. Vending unit does not include a converted storage/shipping container or other similar structure. (1720) Vendor shall mean any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises; and outside a permanent, established structure. SECTION 2. The Corpus Christi Code of Ordinance, Section 38-3 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 38-3. - Applicability; affirmative defenses. This article shall not apply to the following persons, businesses or conduct or under the following conditions; provided, however, that it shall not be necessary in the prosecution of any violation of this article to negative any of such exceptions or exemptions herein expressed; but the pleading and proof of the same shall be an affirmative defense in any such prosecution: (17) Persons engaged in the sale of goods at a flea market, excluding mobile food venders. (18) Persons engaged in the sale of goods at a farmers market, excluding mobile food venders. 4 SECTION 3. 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 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5.Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6.This ordinance is effective immediately upon passage. 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2018, by the following vote: Joe McComb _____________Ben Molina ____________ Rudy Garza _____________Everett Roy ____________ Paulette Guajardo _____________Lucy Rubio ____________ Michael Hunter _____________Greg Smith ____________ Debbie Lindsey-Opel _____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2018, by the following vote: Joe McComb _____________Ben Molina ____________ Rudy Garza _____________Everett Roy ____________ Paulette Guajardo _____________Lucy Rubio ____________ Michael Hunter _____________Greg Smith ____________ Debbie Lindsey-Opel _____________ PASSED AND APPROVED on this the _______ day of _______________, 2018. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council Presentation October 9, 2018 Ordinance amending Chapter 38 of the Corpus Christi Code to exempt flea markets and farmers markets from vendor permitting •To exempt farmers market and flea market vendors from the requirement to obtain a City vendor permit when operating at a designated outdoor location. Purpose •Existing ordinance language requires any person who engages in the business of selling any goods or services from any vehicle, cart, stand, or other equipment in or upon any public way or any private premises; and outside a permanent, established structure to obtain a vendor permit. •Vendors operating at flea markets and farmers markets conducted in designated outdoor locations with the permission of the property owner, do not pose a threat to the safety, health or welfare of the public. Background and Findings •Flea markets and farmers markets are already regulated through building codes, zoning, and certificates of occupancy. •A flea market or farmers market should not necessitate a vendor permit because the consumer is seeking the services on site as opposed to going door to door or to a public area. Background and Findings Background and Findings SECTION 1. The Corpus Christi Code of Ordinance, Section 38-2 is amended by adding the following language that is underlined (added) (6)Farmers market means a designated outdoor location used primarily for the distribution and sale directly to consumers of produce by farmers or other producers. (7) Flea market shall mean a designated outdoor location provided to two or more persons used primarily for the sale or bartering of goods. SECTION 2. The Corpus Christi Code of Ordinance, Section 38-3 is amended by adding the following language that is underlined (added) to exclude the following from the code. (17) Persons engaged in the sale of goods at a flea market, excluding mobile food venders. (18) Persons engaged in the sale of goods at a farmers’ market, excluding mobile food venders. •Approval Recommendations DATE:September 18, 2018 TO:Keith Selman, Interim City Manager FROM:Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 CAPTION: Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. PURPOSE: The purpose of this ordinance is to close a portion of a utility easement along the common property line of adjacent lots owned by the property owner. BACKGROUND AND FINDINGS: Kleberg Bank (Owner) is requesting the vacation and abandonment of a 0.0223 acre (970-square feet) which is a portion of a 10-foot utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. This abandonment and vacation of the utility easement is being requested by the owner due to common ownership between both lots. All public and franchised utilities were contacted and none of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. The closure is being proposed to allow a future development of a Kleberg Branch. ALTERNATIVES: Denial of the proposed utility easement abandonment and vacation. This will adversely impact the Owner’s ability to move forward with future development of the subject property. Closing of a portion of a utility easement located at 3945 Crosstown State Highway 286 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 9, 2018 Second Reading Ordinance for the City Council Meeting of October 16, 2018 OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. No utilities are located in the proposed easement closure. NOTE: The remaining western portion of the utility easement will remain to accommodate American Electric Power (AEP) electrical infrastructure. FINANCIAL IMPACT: □ Operating □ Revenue □ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance abandoning and vacating a 0.0223 acre portion of a utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286. WHEREAS, Kleberg Bank. (Owner) is requesting the abandonment and vacation of a 0.0223 acre portion of an existing utility easement out of Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.0223 acre of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Kleberg Bank (Owner), a 0.0223 acre portion of an existing utility easement out Roseland Place Lot 4, Block 4, located at 3945 Crosstown State Highway 286, as recorded in Volume 68, Page 910-911 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi (“City”), subject to the Owners’ compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B”, which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners’ compliance with the following requirements: a.Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners’ expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b.The maintenance responsibilities for the vacated easement reverts to Kleberg Bank. (Owner). c.Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2018, by the following vote: Joe McComb ____________ Ben Molina ____________ Rudy Garza ____________ Lucy Rubio ____________ Paulette Guajardo ____________ Greg Smith ____________ Michael Hunter ____________ Everett Roy ____________ Debbie Lindsey-Opel ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2018, by the following vote: Joe McComb ____________ Ben Molina ____________ Rudy Garza ____________ Lucy Rubio ____________ Paulette Guajardo ____________ Greg Smith ____________ Michael Hunter ____________ Everett Roy ____________ Debbie Lindsey-Opel ____________ PASSED AND APPROVED on this the _______ day of _______________, 2018. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS NUECES COUNTY EXHIBIT “A” Field Note Description for the closure of a 5 foot Utility Easement being a 0.0224 of an acre (975 square feet) and being out of Lot 4, Block 4, of the Roseland Place Subdivision, as recorded in Volume 42, Page 172, Map Records of Nueces County Texas (M.R.N.C.T.), the said 5 foot wide Utility Easement 0.0224 of an acre (975 square feet) being closed and vacated and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found in the west Right-of-Way (R.O.W.) of Crosstown Expressway (S.H. 286, Variable width R.O.W.), same being the north R.O.W. Horne Road (100’ R.O.W.), as recorded in Volume 42, Page 172, M.R.N.C.T., from which the “POINT OF BEGINNING” bears North 62°02’03” West, 180.76 feet., along and with the common boundary of the said Lot 4, Block 4, (Kleberg Bank N.A. tract) and the said north R.O.W. of Horne Road, to the south corner of Lot 3, Block 4, of the said Roseland Place Subdivision, as conveyed to Kleberg Bank N.A., in Document No. #2017038751, O.P.R.N.C.T., for the “POINT OF BEGINNING” for the west corner of the herein described 5 foot wide Utility Easement Closure; THENCE North 27°57’57” East, along and with the common boundary of the said Lot 3, Block 4 (Kleberg Bank N.A. tract) and the said Lot 4, Block 4, (Kleberg Bank N.A. tract), departing the north line of the said Horne Road (100’ R.O.W.), a distance of 195.00 feet to a point for the north corner of the herein described 5 foot wide Utility Easement Closure; THENCE South 62°02’03” East, departing the common boundary of the said Lot 3, Block 4, (Kleberg Bank N.A. tract) and the said Lot 4, Block 4, (Kleberg Bank N.A. tract), crossing into the said Lot 4, Block 4 (Kleberg Bank N.A. tract), a distance of 5.00 feet to a point for the east corner of the herein described 5 foot wide Utility Easement Closure; THENCE South 27°57’57” West, continuing across the said Lot 4, Block 4 (Kleberg Bank N.A, tract), a distance of 195.00 feet, to a point on the common boundary of the said Lot 4, Block 4 (Kleberg Bank N.A.) and the north R.O.W. of the said Horne Road (100’ R.O.W.), for the south corner of the herein described 5 foot wide Utility Easement Closure; THENCE North 62°02’03” West, along and with the common boundary of the said Lot 4, Block 4, (Kleberg Bank N.A.) and the said north R.O.W. of Horne Road (100’ R.O.W.), a distance of 5.00 to the “POINT OF BEGINNING” and containing within these metes & bounds 0.0224 of an acre (975 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Zone 4205, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on February 13, 2018, under my supervision and it correctly represents the facts found at the time of the survey. *Revised 08/31/2018. ______________________________ Xavier Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas XDS XDS City Council Presentation October 9, 2018 Easement Closure for Roseland Place Lot 4, Block 4 (3945 Crosstown State Highway 286) Vicinity Map At N Aerial Overview el Proposed 5' wide utility easement closure Staff Recommendation Approval AGENDA MEMORANDUM Public Hearing for the City Council Meeting of September 11, 2018 First Reading Ordinance for the City Council Meeting of October 09, 2018 Second Reading Ordinance for the City Council Meeting of October 16, 2018 DATE: September 24, 2018 TO: FROM: Keith Selman, Interim City Manager Nina Nixon -Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district CAPTION: Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties. PURPOSE: The purpose of this item is to define and regulate the location of Smoking Lounges. BACKGROUND AND FINDINGS: A public hearing was held on September 11, 2018, and City Council tabled this amendment to have staff clarify language. • Smoking Lounges. Because of recent interest, this amendment creates a new zoning principal use, smoking lounges, within the Indoor Recreation Use Category. Because the expected late evening operating hours of such an establishment would have a similar impact on an area as bars, pubs, or taverns, this use would not be allowed in Neighborhood Commercial or Office districts, but rather, it would be allowed in Commercial Resort, Commercial General, Commercial Intensive, Central Business District, and Business Park zoning districts. Staff has removed language in the Smoking Lounge definition concerning "in whole or in part" and revised the definition to clarify that smoking lounges are a use engaged in the sale of tobacco products for on -premise consumption. ALTERNATIVES: Denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: 1 The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, August 27, 2018. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: A public hearing of the original amendment was held on Wednesday, July 25, 2018 and Planning Commission recommended approval. Staff recommends approval of the revised amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 2 Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties 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, July 25, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 2018, 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", section 1.11 "Definitions", 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: 1.11.3. Defined Terms Smoking Lounge: A use engaged in the sale of tobacco product for on -premise consumption. Smoking lounge includes but is not limited to establishments known variously as cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc. SECTION 2. UDC Article 4 "Base Zoning Districts", Section 4.5 "Commercial Districts", Table 4.5.2 "Permitted Uses (Commercial Zoning Districts)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted 7 U CN -2 O 7 U N U M U 7 U N U U p U BP 1 Standards Commercial Uses Commercial Parking Uses [5.1.4.A] P P P P PPPPPPP Indoor Recreation Uses [5.1 .4.B] P P SP P P PPPP PP Bar, tavern or pub L LLLLLLL 5.2.7 Smoking Lounge P PPPPPPP SECTION 3. UDC Article 5 "Use Regulations", Section 5.1 "Use Categories", Subsection 5.1.4 "Indoor Recreation" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. Characteristics: General commercial uses, varying in size, providing daily or regularly scheduled recreation -oriented activities in an indoor setting. Principal Uses Accessory Uses Uses Not Included Auditorium Bar, tavern or club Exposition building Indoor entertainment activities such as billiard halls, bowling alleys, pool halls, dance halls, indoor firing ranges, movie or other theaters, and skating rinks Membership club or lodge Natatorium Smoking Lounge Sexually oriented business Associated offices Concessions Food preparation and dining areas Off-street parking Satellite dish antenna under 3.2 feet* Aquarium (see Community Service) Art gallery (see Community Service) Athletic or health club (see Retail Sales and Service) Library (see Community Service) Museum (see Community Service) Senior centers (see Community Service) Youth club facilities (see Community Service) SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the Unified Development Code (UDC). SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 Smoking Lounges City Council Presentation October 9, 2018 Purpose 1. To classify and define the use 2. Determine where the use is appropriate 3. Limit negative impacts to residential neighborhoods Background and Findings • How are Smoking Lounges Classified/Defined? • On -premise tobacco sales and consumption • Hours of Operation (Late Night/Early Morning) • Outdoor Patios • Where should Smoking Lounges be located? • Indoor Recreation Use: • Bars — Resort and General Commercial Districts • Retail — Neighborhood Commercial Districts • Smoking Lounges: Resort and General Commercial Districts Definition UDC Article 1 "General Provisions", section 1.11 "Definitions", 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: 1.11.3. Defined Terms Smoking Lounge: A use engaged in the sale of tobacco product for on -premise consumption. Smoking lounge includes but is not limited to establishments known variously as cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc. Where Permitted UDC Article 4 "Base Zoning Districts", Section 4.5 "Commercial Districts", Table 4.5.2 "Permitted Uses (Commercial Zoning Districts)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted — Z U CN -2 NO - of U C.1 U M oc U _ 6 U N 6— U U LCBD 1 BP Standards Commercial Uses Commercial Parking Uses [5.1.4.A] P P P P P PP P PPP IndoorRecreationUses[5.1.4.B] P P SP P PPP P P P P Bar, tavern or pub L L L L L CI_ 1 5.2.7 Si --,c E wig _cunge PPPPPPPP Classification UDC Article 5 "Use Regulations", Section 5.1 "Use Categories", Subsection 5.1.4 "Indoor Recreation" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. Characteristics: General commercial uses. varying in size. providing daily or regularly scheduled recreation -oriented activities in an indoor setting. Principal Uses Accessory Uses Uses Not Included Auditorium Associated offices Aquarium (see Community Bar, tavem or club Concessions Service) Exposition building Food preparation and dining Art gallery (see Community Indoor entertainment activities such areas Service) as billiard halls, bowling alleys. pool Off-street parking Athletic or health club (see Retail halls, dance halls, indoor firing Satellite dish antenna under Sales and Service) ranges, movie or other theaters, and skating rinks 3.2 feet* Library (see Community Service, Museum (see Community Service) Membership club or lodge Senior centers (see Community Natatorium Service) Smoking Lounge Youth club facilities (see Community Sexually oriented business Service) Staff Recommendation Approval of the text amendment AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 9, 2018 Second Reading Ordinance for the City Council Meeting of October 16, 2018 DATE: TO: September 18, 2018 Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison, City Manager's Office ArleneM@cctexas.com (361) 826-3356 Approval of Fourth Amendment to the TIRZ #3 Project & Financing Plan CAPTION: Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. PURPOSE: The purpose of this item is to update the Amended Project & Financing Plan for Tax Increment Reinvestment Zone #3. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 in the City's Downtown, adopting a draft Project & Financing Plan. The Project & Financing Plan is required by the State, must include all activities of a Tax Increment Reinvestment Zone and must be adopted by the municipality by ordinance. In 2015, the TIRZ #3 Board and City Council approved an Amended Project & Financing Plan, which created programs and initiatives to facilitate type of development needed in the downtown. In 2016, the TIRZ #3 Board accepted a Second Amendment, which expanded programming and services from the Downtown Management District; refined the Incentive Programs; and enabled funds to be expended for public, cultural and/or historic properties within the Zone, updated Del Mar College's Participation, and updated the Project Plan Budget for FY 2017. In 2017, the TIRZ #3 Board authorized a Third Amendment, which renamed the Site Assembly & Development category to Site Management & Development; expanded both Parking Management and Traffic Pattern and Streetscapes to authorize funding for implementation; and expand other Programs and Initiatives to include Cultural District Plan as part of the DMD's FY 2018 Scope of Services. Staff Proposes a Fourth Amendment to the Project & Financing Plan in order to do the following: • Update language to indicate the Downtown Area Development Plan as complete. • Extend the Incentive Programs for an additional 3 -year period. • Provide an updated Sources of Revenue table showing projected revenue of the TIRZ. • Provide funding for the implementation of the Parking Action Plan. • Identify changes to Other Programs & Initiatives undertaken by the Downtown Management District. This Fourth Amendment now comes to City Council for adoption by Ordinance. ALTERNATIVES: City Council may choose not to adopt the Fourth Amendment to the Project Plan. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Finance, Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Beginning Fund Balance $3,627,054 $3,627,054 Proposed Revenue $1,409,018 $1,409,018 Proposed Expenditures $1,831,602 $1,831,602 DIFFERENCE $3,204,470 $3,204,470 Fund: Downtown TIF #3 RECOMMENDATION: Staff recommends approving the Project and Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance —Third Amendment to TIRZ #3 Project & Financing Plan Fourth Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) TIRZ #3 Board Resolution — Fourth Amendment to TIRZ #3 Amended Project & Financing Plan ORDINANCE APPROVING THE AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE #3 AMENDED PROJECT & FINANCING PLAN APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER THREE, CORPUS CHRISTI, TEXAS. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan"; WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on August 15, 2017; WHEREAS, on August 28, 2018, the Board of Directors of Reinvestment Zone Number Three passed a resolution approving a fourth amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan for the Reinvestment Zone Number Three, Corpus Christi, Texas, as amended and approved by the Board of Directors of Reinvestment Zone Number Three by resolution on August 28, 2018. A copy of the Plan is attached hereto and incorporated as "Exhibit A." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone." The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 ("TIRZ #3" or "the Zone"), over a portion of the city that includes the city's Downtown area. There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015 Amended Project & Financing Plan, is intended to replace the previous Project & Financing Plan and any future amendments will modify this version. This 2015 Amended Project & Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), currently underway completed. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project & Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Second Amendment (FY 2017) — To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note: Schedule of Project Expenditures (Page 7) updated as Exhibit C — FY 2017 Project Plan Budget. Third Amendment (FY 2018) — this Amendment renames the (5) Site Assembly & Development category to (5) Site Management & Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note: Schedule of Project Expenditures updated as Exhibit C — FY 2018 Project Plan Budget. Fourth Amendment (FY 2019) — this Amendment extends the four Incentive Programs for an additional 3 -year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. 1'Page City of Corpus Christi / Corpus Christi Downtown Management District Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ #3 qualified for designation as a "Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004 — Bayfront Master Plan 2006 — Downtown Redevelopment Report 2013 — Central Business Development Plan 2014 — RU DAT 2015 — Downtown Area Development Plan fly) The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis 2IPage City of Corpus Christi / Corpus Christi Downtown Management District of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. Additionally, the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ #3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Harbor • Corpus Christi Museum of Science & History Playhouse • Art Museum of South Texas • Brewster • Whataburger Field Street Icehouse • American Bank Convention Center & Arena • Heritage Park — Restored Historic Homes, now used as Non -Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U -Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown — South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff, and the higher elevation area to the west 3IPage City of Corpus Christi / Corpus Christi Downtown Management District of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ #3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993. This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T -heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood — At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally, there is a mix of early 20th century single family homes and multi -family residential developments. The multi -family developments are truly a diverse mix, including high rise and mid -rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use. This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design -Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ #3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. 4IPage City of Corpus Christi / Corpus Christi Downtown Management District City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over $29 million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost Shoreline Realignment Bond 2008 Ongoing $13,000,000 SEA District Improvements Bond 2012 2015-2016 $500,000 Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Water Street Improvements Bond 2014 2015-2016 $5,000,000 Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Wayfinding Program HOT Funds 2015 $200,000 Total $29,200,000 Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions. The initial focus is on residential and mixed-use development. 1. Chaparral Street Property Improvement Grant Program — This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-29 2021, TIRZ #3 will make $200,000 available per year to match approved property improvements funded by the property owners. The Zone will consider from a 50/50, up to 30/70 match, depending on how the scope of the project meets the priorities of the Zone. Applications will be accepted until the allocation is exhausted for each fiscal year. 2. New Tenant Commercial Finish -Out Grant Program— In order to support mixed-use developments and the demand for more dining and entertainment venues in the Downtown, the Zone will reimburse approved leasable new tenant finish -outs at a maximum rate of $10 per square foot. First -floor, active street use projects will be a priority consideration. During FY 2016- 2019 2021, $100,000 will be allocated annually. Qualified expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. 5IPage City of Corpus Christi / Corpus Christi Downtown Management District 3. Downtown Living Initiative—The Residential Demand Study conducted for the DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016--9 2021, the Zone will provide a $10,000 per unit reimbursement grant for multi -family developments of over 10 units that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement — In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro -forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq. ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the "but, for" principle. The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities Further, Residential Developments over 100 Units may be considered as an individual cost element. 5. Site Management & Development — In FY 2017 and 2018, TIRZ #3 will develop a program to facilitate activation of vacant properties within the Zone and propose to City Council adoption of a downtown vacant building ordinance. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on -street spaces or off- street lots and structures. TIRZ #3 will conduct a study in FY 2016 in order to develop a strategic approach for parking in the Downtown and fund implementation steps. Additionally, The Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, lot improvements, structured garages and occupancy monitoring systems. 6IPage City of Corpus Christi / Corpus Christi Downtown Management District 7. Traffic Pattern Study & Streetscapes — TIRZ #3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as budgeted. 8. Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. In FY 2017 Each year, the following initiatives are being added: • FY 2017 - Downtown Management District Bike Share Initiative • FY 2017 - Downtown Management District Expanded Scope of Services • FY 2018 — Downtown Management District — Cultural District Plan, TIRZ #3 Incentive Programs, registration process for downtown vacant building program, Streetscape Safety & Right of Way Improvement Program and Off -Street Parking Improvement Program. • FY 2019- Unified brand implementation and expanding organizational and operational capacity. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at $50,000 per year for the 20 -year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk) —final • Retail Market Analysis & Strategy (Mike Berne) — draft • Hotel, Office, Retail (W-ZHA, Sarah Woodworth) — draft • Incentives & Development Economics (W-ZHA, Sarah Woodworth) — draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non -bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. 7IPage City of Corpus Christi / Corpus Christi Downtown Management District Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ #3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment) 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Program2 200,000 200,000 200,000 2 New Tenant Commercial Fin Grant Program2 ch Out 100 000 100 000 100,000 Exhibit C for FY 2017 3 DSee 3 Downtown Living Initiativez 000,000 4 Project Specific Developmen Agreement3 Update of Project Budget TBD TBD 5 Site Assembly & Developmei 6 Parking Study & Developmer.. _., .._ 7 Traffic Pattern Analysis & Streetscapes 150,000 8 Other Programs & Initiative 9 Management & Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,000 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC, will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ #3. The City, and County, and Del Mar College have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the 81 Page City of Corpus Christi / Corpus Christi Downtown Management District Zone. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2015 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue Cit County Del Mar Cite County Del Mar TOTAL FY 10 $ 8,655,793 $ 50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 52,767,539 51,604,697 338,988 179,932 129,355 648,275 FY 15 71,728,002 See Below for FY 2019 Update 794,591 FY 16 90,003,549 997,045 FY 17 104,763,037 1,160,548 of Sources of Revenue FY 18 130,022,872 1,440,372 FY 19 145,800,015 1,615,149 FY 20 173,112,004 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,892 2,104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 2,297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 2,497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,997 582,065 2,917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,602,209 FY 29 347,192,382 316,303,874 309,333,466 2,031,992 1,046,776 767,373 3,846,141 $ 35, 963,109 9IPage City of Corpus Christi / Corpus Christi Downtown Management District These estimates will continue to be monitored and adjusted may -annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165, 9511 111,267, 007 123, 927, 631 340,360, 589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130, 351, 758 147,214,456 178, 552, 529 456,118, 743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151, 580, 816 170,089, 008 221,442, 870 543,112, 694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,424 677,063 2,343,848 FY28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,079 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 693,086 841,794 2,776,661 • . Is $12,418,634 $ 6,763,292 $ 6,752,435 $25,934,361 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 3,3-9 2.5, annual value appreciation rate for existing development, based on estimates actual by economist Dr. Ray Perryman property value grow. and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 101 Page City of Corpus Christi / Corpus Christi Downtown Management District List of Exhibits Exhibit A TIRZ #3 Boundaries and Land Uses Exhibit B Legal Description Exhibit C FY 2017 Project Plan Budget FY 2018 Project Plan Budget FY 2019 Project Plan Budget 111Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use • TIRZ Boundary 0 • SEA District • Uptown • Marina Arts District (DMD) • Ba shore Park Tax Increment Finance District #3 13 Faitnn,m a City of Corpus Christi • C� �•r.aw, Ing _,o_... _...w 1, reteIre ems Veer N an...me manytaFervg dam «suf �mn _ _ PT#M ui.lepn 1 x :::::: ad :1;k7 r.n ur..rw n.s. unnuryvn0 %W tr"m.n n Por man.m, Ri PreparedBy' MBB Project SauroeCdy of Corpus Chnstl - Q evexopmenf Services rcesPrntng Date day, Calabar78,20079:14:41 121Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi — Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi — Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50' feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A-2" zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said "A-2" zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second "A-2" zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H. 37, for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H. 37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended, to its intersection with the north right-of- way line of West Broadway Street, for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition, to its Southwest corner for a point; 131Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common, West boundary line of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue, for a point; Thence Southwest along the centerline of Port Avenue, to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi — Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C Tax Increment Reinvestment Zone #3 Proposed Budget FY 2017 Proposed Budget FY 2018: Year FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Budget Budget Actual Budget Estimated Proposed Future Future $ 2,253,569 Beg. Bal $ 1,563,751 $ 1,563,751 $ 2,297,833 S 2,253,569 $ 2,930,612 $ 2,253,464 $ 1,508,279 $ 1,070,317 + Increment Revenue $ 734,082 $ 691,162 $ 994,117 $ 865,843 $ 1,127,852 $ 1,409,815 $ 1,762,269 1 Chaparral St. Grant Program 2 - 2 New Tenant Commercial Finish Out Grant Pro 00 4 3 Downtown Living Initiative See Below for FY 2018 Update 5 4 Project Specific Development Agreement 00 - 6 Site Assembly & Development 00 -6 Parking Study & Development of Project Budget - 7 Traffic Pattern Analysis & Streetscapes 00 1,000,000 8 Other Programs & Initiatives $ 50,000 420,000 9 Management & Professional Services TOTAL EXPENDITURES 50,000 I . _,... __,_.... __,___ _.., __, .... TOTAL EXPENDITURES $ - $ 1,344 $ 1,600,000 $ 188,800 $ 1,805,000 $ 2,155,000 $ 1,470,000 End Bal $ 2,297,833 $ 2,253,569 $ 1,691,950 $ 2,930,612 $ 2,253,464 $ 1,508,279 $ 1,800,548 VW - 1 Ending FY 2016 Increment is not final. 2 Other Programs & Initiatives are DMD Requests for funding in FY 17. Project Plan will need to be updated to reflect changes. T 1 1 1 1 1 l Proposed Budget FY 2018: IEnd BaI $ 1,691,950 1 $ 2,992,483 1 $ 2,276,428 1 $ 3,388,432 1 $ 2,459,705 151Page Year FY 2016 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed Beg. Bal $ 2,297,833 $ 2,253,569 $ 2,953,576 $ 2,992,483 $ 3,388,432 + Increment Revenue $ 994,117 $ 914,191 $ 1,127,852 $ 1,070,317 $ 1,291,273 1 Chaparral St. Grant Program 4 S 71 947 S 709 nnn S 100 nnn < 71717 000 New Tenant Commercial Finish Out 0 00 2 3 Downtown Living Initiative See Below for FY 2019 Update 00 4 Project Specific Development Agreerr 5 Site Management & Development 00 6 Parking Study & Development of Project Budget 00 Traffic Pattern Analysis & Streetscap 00 7 8 9 Other Programs & Initiatives 00 Management & Professional Services $ 50,000 $ 4,801 $ 50,000 $ 9,368 $ 50,000 TOTAL EXPENDITURES $ 1,600,000 $ 175,277 $ 1,805,000 $ 674,368 $ 2,220,000 IEnd BaI $ 1,691,950 1 $ 2,992,483 1 $ 2,276,428 1 $ 3,388,432 1 $ 2,459,705 151Page City of Corpus Christi / Corpus Christi Downtown Management District Proposed Budget FY 2019: 161 Page v MEI FY 2016 FY 2017 FY 2018 FY 2019 Actual ' Actigi11111 Budget Estimated Proposed Beg_ BaI $ 2,253,569 $ 2,992,483 $ 3,348,528 $ 3,626,061 $ 3,627,056 + Increment Revenue $ 914,191 $ 1,030,413 $ 1,320,973 $ 1,154,516 $ 1,409,015 1 Chaparral St_ Grant Program $ 71,942 $ 100,000 $ 200,000 $ 200,000 $ 200,000 2 New Tenant Commercial Finish Out Grant Program $ - $ 15,000 $ 100,000 $ 68,220 $ 100,000 3 Downtown Living Initiative $ - $ - $ 725,000 $ 92,500 4 Project Specific Development Agreement $ - $ - $ - $ - 5 Site Management & Development $ - $ - $ 100,000 $ 40,000 $ 120,000 6 Parking Study & Development $ 98,534 $ 50,040 $ 150,000 $ 100,000 $ 200,000 7 Traffic Pattern Analysis & Streetscapes $ - $ 150,040 $ 500,000 $ 200,000 $ 350,000 7E1 Streetscape Safety & Right of Way Improvement Program $ 100,000 $ 200,000 6 Other Programs & Initiatives $ - $ 350,000 $ 395,000 $ 410,000 $ 450,000 9 Management & Professional Services $ 4,601 $ 9,366 $ 50,000 $ 35,301 $ 59,102 TOTAL EXPENDITURES $ 175,277 $ 674,368 $ 2,220,000 '$ 1,153,521 $ 1,531,602 End Bal 1 $ 2,992,453 $ 3,348,529 $ 2,449,501 $ 3,627,056 I $ 3,204,472 161 Page AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 9, 2018 Second Reading Ordinance for the City Council Meeting of October 16, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison, City Manager's Office arlenem@cctexas.com 361-826-3356 Approving the Amendment to the TIRZ #2 Project and Financing Plan CAPTION: Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. PURPOSE: The purpose of this item is to amend the TIRZ #2 Project Plan and Financing Plan. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 covering portions of North Padre Island and Mustang Island. The dollars claimed by the Tax Increment Financing District were to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project carried out by the U.S. Corps of Engineers and now known as the Packery Channel. The TIRZ #2 is a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code. All expenditures of the TIRZ #2 must be consistent with Chapter 311 and must be recommended by the Board. The TIRZ #2 was created by Ordinance 024270, which charges the Board with making recommendations to City Council concerning the administration and expenditures of the Zone and preparing and recommending the Plan. On December 19, 2017 the TIRZ #2 Board approved the following amendments, which were approved by City Council on February 20, 2018: 1. Packery Channel Revetment repairs 2. Replacement of signs following Hurricane Harvey 3. Installation of ISAC recommended Mobi-Mats 4. Construction of a Pavilion at boat ramp parking lot 5. Pavilion like structures on north and south side of jetty On August 21, 2018 the TIRZ #2 Board approved the following amendments: 1. Adding a traffic improvement project per the recommendation of the Island Strategic Action Committee made on July 2, 2018. This project provides for a pedestrian crossing on Windward Drive at Saint Augustine Drive to facilitate access to and from Michael J. Ellis Beach. This expenditure will be made from the TIF #2 Capital Improvements Project fund. 2. A $50,000 expenditure for a feasibility study update for the renewal of the TIRZ #2 . ALTERNATIVES: Deny project plan amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,207,333 $1,207,333 Encumbered / Expended Amount 0 0 This item 0 $82,000 $82,000 BALANCE $1,157,333 $1,157,333 Fund: Fund 3278 Packery Channel Projects TIF 2 Comments: NA RECOMMENDATION: Approve amendments to the Plan as approved by the TIRZ #2 Board on August 21, 2018. LIST OF SUPPORTING DOCUMENTS: Ordinance — TIRZ#2 Project and Financing Plan TIRZ #2 Project & Financing Plan (August 2018 Update) Six Pack Projects Exhibits A through I ORDINANCE APPROVING THE AMENDMENTS TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on February 20, 2018; WHEREAS, on August 21, 2018 the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on August 21, 2018. A copy of the Plan is attached hereto and incorporated as "Exhibit A." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July22, 2014, February28, 2017, August 22, 2017, December 19, 2017, and August 21, 2018) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 2/28/17) is amended to update and revise the Plan this 21st Day of August 2018 by adding the bold and underlined text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. Packery Channel Project Plan Amendment Page 1 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ #2 beyond 2022. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi- Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Packery Channel Project Plan Amendment Page 2 of 8 Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Plan Amendment Page 3 of 8 Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 3 — 7 has been revised and is shown in Exhibit H, which also includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to $4,000,000 Packery Channel Project Plan Amendment Page 4 of 8 of TIRZ #2 funding and will allow for travel over canals that are to be built by a third party developer in the area. The funds for the Park Road 22 Bridge are to be held contingent on the completion of the canals and approval of the construction plans to proceed by the City and the City Council within 24 months after February 28, 2017. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Packery Channel Project Plan Amendment Page 5 of 8 Nueces City of County Farm to Corpus Nueces Hospital Del Mar Jr. Market Tax Year Christi County District College Road Total Packery Channel Project Plan Amendment Page 5 of 8 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table Packery Channel Project Plan Amendment Page 6 of 8 on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteen four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 - 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 I Packery Channel Project Plan Amendment Page 8 of 8 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013; updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi (August 21, 2018) Exhibit I Fiscal Year 2019 Reinvestment Zone #2 Budget 2009 TIRZ #2 Economic Feasibility Study by CDS Market Research Spillete Consulting Packery Channel Project Plan Amendment PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benchesMarch and repairs to shoreline structures. $2,869,224 Completed 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. Revised 2/20/18 $65,000 $64,500 Completed December 2012, needs replacing 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn -around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2 -inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $263,618 Estimated completion: Spring 2019 page 1 of 3 9/18/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Estimated completion: January 2019 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. Revised 2/20/18 $250,000 Estimated completion: Fall 2019 12 Packery Channel Administration / Maintenance Building (Phase 6) This project includes a 30' x 60' maintenance building, a 20' x 20' administration building and a 100' x 1,000' parking lot near the entrance to the Packery Channel Lookout Areas just south of Zahn Road. Priority Item: P&R recommends facility be located on south side of channel to reduce travel time for equipment and safety. $0 Moving Forward with Nueces County Negotiations 13 Packery Channel ADA Parking Lot Improvements at Jetty Ramps (Phase 7) This project includes parking lots on the beach along the north side and the south side of the channel. Development of this project will be pending USACE and TGLO approval and authorization. Project initiation schedule pending availability of funds and completion of previous phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. MOVED TO ITEM #9 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $1,761,446 (Lifetime Expenses to Date) Annual agreement. Pending scope as of August 2018. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre -storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 Design Started as of August 2018 page 2 of 3 9/18/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. Added 2/20/2018 $4,000,000 17 Beach Crosswalk at St. Au • ustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive $32,000 at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. page 3 of 3 9/18/2018 025215 ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS"; APPROVING TILE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270 (the "Creation Ordinance"), approving the creation of a tax increment reinvestment zone in the City known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"); and WHEREAS, in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two, the City prepared a preliminary reinvestment zone financing plan, and presented the preliminary reinvestment zone financing plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code (the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of T1RZ Two, which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit "A" (the "Plan"); and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and act on behalf of the City in the perfomiance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to $3,000,000 in Tax Increment Contract Revenue Bonds, Series 2003 (the "Bonds"), for the purpose of funding a portion of the "project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri -Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two, including, but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri -Party Agreement; and WHEREAS, the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan, as required by the Act, to approve the Tri -Party Agreement, and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION ; That the facts and recitations contained in the preamble of this Ordinance are hereby F found and declared to be true and correct. SECTION 2- That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit "A", as required by Section 311.011 of the Act. SECTION 3: That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 SECTION 4; That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit 'B", and all documents attached to the Resolution including, without limitation, the Tri -Party Agreement. The Mayor and the City Secretary are hereby authorized to execute, attest, seal and deliver the Tri -Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed $3,000,000 for the purposes described in the Resolution is hereby approved. SECTION 5; That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY, 2003. City Secretary APPROVED AS TO FORM: Ac1/d-7 tin Cit�Attom Mayor, City of Corpus Christi, Texas 3 (SEAL) 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance 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 25th day of February, 2003. (SEAL) City Secretary, City of Corpus Christi, Texas 4 CorpusChristi, Texas p7 `) Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chris Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 04L abAQ20- 061034-a,t.tk. Flo Reinvestment Zone Number Two City of Corpus Christi,Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Reinvestment Zone Number Two, City of Corpus Christi, Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act"), the Board of Directors (the "Zone Board") of Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone"), has prepared this Project Plan and Reinvestment Zone Financing Plan (the "Plan"). The City Council ofthe City of Corpus Christi, Texas (the "City") and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non -project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the "Project"). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A, entitled "Forecast of Potential TIF Revenue Flows on North Padre Island", prepared by Economics Research Associates ("ERA "), which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. North Padre Island Storni Damage Reduction and Environmental Restoration Project The Project is a project of the U.S. Army Corps of Engineers (the "Corps") to dredge and channelize a reopened waterway ("Packery Channel") between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total 830,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation (the "Issuer"), a not-for- profit local government corporation. It was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States ("Congress") to cany out a project for ecosystem restoration and storm damage reduction at North Padre Island. The Project will extend the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement (EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach, and an enlarged beach would reduce potential future storm damage. A Project Study Plan, prepared by the Corps in 1999, examined three alternative sites, including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel, main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat, continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulf Intracoastal Waterway, dredged to a required depth of 7 feet and bottom width of 80 feet, installation of a 30 inch HDDPE pipe for a sand bypass system, beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134-foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12-foot deep authorized depth (requiring an initial dredge depth to -14 feet) and dredging the existing channel to a depth of -7 feet (mean sea level) and a width of 80-feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet (3.5 miles). Approximately 801,200 cubic yards (cy) of material will be dredged during construction, most of which (646,000 cy) will be placed on the beach south of the proposed jetties placement area (PA-4S) for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties. Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department oldie Army and the City (the "Project Contract"). The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately $19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25, 2003, Congress has appropriated $4.0 million for Project construction, but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed, the City will incur costs of maintenance dredging of Packery Channel, as described above. It is anticipated that upon completion of the initial Project, the estimated maintenance dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $3 50,000. The costs of the maintenance dredging are intended to be paid by the Zone, either from tax inert collections, proceeds from bonds, a combination of those two sources, or other moneys made available to the City or the Zone for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways; restrooms; and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project, the maintenance dredging of the Packery Channel, and the public improvements associated with the proposed secondary development are found to be "Project Costs" as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Contract by both parties by Spring 2003. Under the Project Contract, the Corps, subject to receiving funds appropriated by Congress and using the 2 funds expected to be provided by the City through the Issuer, would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs, then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands, easements, rights-of-way, and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of construction within 45 days of notice from the Corps. For each subsequent year, the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate, maintain, repair, replace, and rehabilitate the entire Project at no cost to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Plan, but there is no assurance that a maintenance reserve will be funded, nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone, a 1,947.01 -acre parcel located entirely within the City and the County. The Zone became effective on November 14, 2000, and will terminate on December 31, 2022, or at an earlier time designated by subsequent ordinance of the City, or at such earlier time that all Zone Project Costs, tax increment bonds, and the interest on all tax increment bonds, have been paid in full (the duration of the Zone). The Zone is located on Padre Island, and intersected by State Highway 361 and Park Road 22 leading from the John F. Kennedy Causeway. A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act, the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder (but not less than 10) appointed by the City. Name Position Appointed By Samuel L. Neal President City of Corpus Christi Vice President Nueces County Javier D. Colmenero Member City of Corpus Christi Brent Chesney Member City of Corpus Christi Rex Kinnison Member City of Corpus Christi John Longoria Member City of Corpus Christi Jesse Noyola Member City of Corpus Christi Mark Scott Member City of Corpus Christi Gabriel Rivas Member Del Mar College Cal Jennings Member Nueces County Hospital District Richard Pittman Member Flour Bluff Independent School District John LaRue Member Port of Corpus Christi Authority 3 Existing Land Use Existing land -uses within the Zone consist of light commercial development, mixed residential development, vacant unimproved land, and non -developable land, including waterways, roadways and parks. The City has estimated the following current usage within the Zone: Use Acrres Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right -of -Way 158.2465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6.0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total 1,947.0138 Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. There are generally roads and streets throughout the Zone, though individual tracts may require additional street construction, sewer collection lines, or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional costs for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property. Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses, and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds (hereinafter defined) required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds (hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken in the Zone, shown by kind, number and location, and the Project costs of the Zone, including, without limitation, the costs of the initial dredging of Packery Channel, the maintenance dredging costs, secondary Project costs, administrative rative costs of the Zone, and other non -project costs (such as water supply improvements and roads that are not intended to be funded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred, are set forth in Exhibit D. The City currently estimates that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed $3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs, and the Series 2003 Bonds (hereinafter defined) are the first installment of Issuer bonds to be issued for that purpose. The City, the County, Del Mar College, a junior college district and political subdivision of the State of Texas (the "College") and Nueces County Hospital District, a hospital district and political subdivision of the State of Texas (the "Hospital District") each have agreed to deposit to the Tax Increment Fund established for the Zone (the "Tax Increment Fund") certain tax collections arising from their respective taxation of the increase, if any, in the appraised value of real property located in the Zone since November 14, 2000 (hereinafter defined as the (Dedicated Tax Increments"), through the earlier of December 31, 2022, or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements (the "Interlocal Agreements") with the County, the College, and the Hospital District which sets forth, among other things, the agreement of the City and County, College, or Hospital District, as applicable, to pay to the Issuer the Dedicated Tax Increments (the "Contract Tax Increments") The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other fimds on deposit with JPMorgan Chase Bank, Houston, Texas (the "Trustee") or which may be deposited with the Trustee in the future together with earnings and investments thereon (the "Pledged Revenues"). The City, the County, the College, and the Hospital District (each referred to individually herein as a "Participant" and collectively referred to as the "Participants") have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments, as described herein. Pursuant to the TIF Act, a taxing unit's tax increment for a year (a "Tax Increment") is the amount of property taxes levied by the unit for that year on the "captured" appraised value of real property taxable by the unit and located in a reinvestment zone. Tax Increments do not result from any increase in the appraised value of personal property (such as equipment or inventory) taxable by the unit and located in a reinvestment zone. The TIF Act defines captured appraised value ("Captured Appraised Value") as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit (the "Tax Increment Base") is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone, the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.0138 acres, approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows (a) the Tax Increment Base of the Zone, (b) the current (as of the date of this Plan) total appraised value of taxable real property in the Zone and (c) the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate Interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements") the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City, the County, and the Hospital District have agreed to deposit to the Tax Increment Fund 100% of their tax collections on Captured Appraised Value inthe 5 Zone for each tax year that the Zone remains in existence, commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 100% of the its Tax Increments for the first five years (2000-2004) of the Interlocal Agreement, 80% for the sixth year (2005), 60% for the seventh year (2006), 40% for the eighth year (2007), 20% for the ninth year (2008), and none thereafter. The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the "Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of that Participant. North Padre Island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors, whose members are appointed by the City Council. On December 17, 2002, the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003 (the "Series 2003 Bonds"), in connection with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging, it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the first issue of bonds (the "Tax Increment Contract Revenue Bonds") to be issued by the Issuer. The Tax Increment Contract Revenue Bonds, including the Series 2003 Bonds, are secured by the Issuer's pledge of payments to be received pursuant to a Tri -Party Agreement among the City, the Zone, and the Issuer (the "Tri -Party Agreement"). Under that agreement, the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding, which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds, substantial growth in the taxable values within the Zone must occur, and there is no guarantee that such growth will have been accomplished prior to the timing of funding the remaining phases of the development and caanpletion ofthe Project. Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed, there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners, and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone, or knowledge that any landowners intend to canstruct additional improvements. Without future development within the Zone, there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fund those Project costs is set forth in Exhibit D. The Tri -Party Agreement 6 The City, the Zone and the Issuer will enter into the Tri -Party Agreement. Pursuant to the Tri -Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri -Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so, they also will covenant and agree that they will not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy, assess and collect its ad valorem taxes in the Zone. The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer funding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri -Party Agreement and the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by the City, the County, the College, or the Hospital District that are payable from and segued by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, County, College, or Hospital District. It is anticipated that the interests of the Issuer in the Tri -Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri -Party Agreement may be amended with the mutual consent of the parties; however, any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potential TIF Revenue Flow on North Padre bland (Final Report) Dated: August 2002 ERA Project Number: 14663 Final Report Forecast of Potential TIF Revenue Flows on North Padre Island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 TABLE OF CONTENTS General Limiting Conditions iv Introduction 1 Approach 2 Participating Jurisdictions 3 Methodology 3 TIF REVENUE ANALYSIS 5 Summary 5 Real Estate Market Discussion 5 TIF Waterfront Properties 2002 6 Growth Rates 10 Padre Island 10 TIF Revenue Conclusions 11 List of Tables and Exhibits Table 1. Taxable Value of Land & improvement, 2 TIF District - 2000 2 Table 2. Tax Rates for Participating Jurisdictions 3 Table 3. Waterfront Properties by Location and Value within the TIF District 6 Table 4. Average Assessed Land Value by Location 7 Table 5. Average Condominium Assessed Value by Water frontage 8 Table 6. Condominium Properties in the TIF District 8 Table 7. Lake Padre Properties by Tax ID 9 Table 8. Other Non -Exempt Water Front Properties 9 Table 9. Exempt Properties 10 Table 10. Padre Island Growth Rates by Location — 1992-2002 10 Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 11 Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 11 Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 ($000s) 13 TIP Analysis for North Padre Island - Fetal Page ili GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of "Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TRA APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TIF district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20 -year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non -home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are $98,153,611 and for 2002 $107,588,794. Table 1. Taxable Value of Land & Improvement, TIF District - 2000 Category valve Land --Home Site $5,491,354 Land—Non-Home Site $23,947,556 Improvements — Home Site $42,200,590 Improvements —Non -Home Site $17,684,297 Sub -Total $89,323,797 Exemptions & Adjustments $3,453,194 Total Taxable Value $85,870,603 Source: Nueces County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher -density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70% of total improvements. Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr. College, is contributing 100% into the tax increment fund for the first 5 years, 80% for the sixth year, 60% for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2. Tax Rates for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi Farm to Market Rd. County Hospital Del Mar Jr. Collage Nueces County Port of Corpus Christi Flour Bluff ISD Fire District #2 0.644175 0.005238 0.228028 0.21988 0.350242 0.002117 1.526197 0.022200 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.21988 0.175904 0.350242 0.350242 0.644175 0.005238 0.228028 0.131928 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.087952 0.043976 0.350242 0.350242 0.644175 0.005238 0.228028 0 0.350242 TOTAL 2.998077 1.447563 1.40359 1.359611 1.31564 1.27166 1.227683 Note: Assuming tax rates do not change Mum: Nueces County Appraisal District, City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20 -year T1F model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period (through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. • First to Increase: Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non -water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGB was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non -waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2000 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the T1F revenue. The second scenario generates a total tax revenue of $55.9 million of which $31.3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modern appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby -boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of TIF Analysis for North Padre Island — Final Palle 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22 -foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000-$15,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water -accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 52,450,499 528,962,543 531,413,042 529,048,886 Across from the Beach 3.61 5281,352 53,902,799 54,184,151 53,533,871 Other -Lake Padre, Canal 10.93 51,459,001 511,600,220 513,059,221 511,503,641 Lake Padre 470.66 54,591,013 $938,742 55,529,755 55,517,325 Beach 53.20 52,577,105 54,355,083 56,932,188 $6,932,188 Exempt 202.86 50 50 $0 50 Other 222.24 52,517,234 51,669,836 54,187,070 54,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 551,429,223 $65,305,427 560,590,839 Source: Nueces County Appraisal District, Economics Research Associates TIF Analysis far Nath Padre Island — Final Page 6 Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land. The other non -classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location Type Acres Average Land Value ($!Acre) Waterfront Prenetties Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other - Lake Page, Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 222.24 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Note: Total average land value excludes exempt properties Source: Nueces County Appraisal District, Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location Table 5. Average Condominium Assessed Value by Water frontage Type Total Condo Units Average Condo Assessed Value Condos Beach Across from the Beach Other - Lake Padre, Canal 324 115 399 $96,305 $36,384 $32,730 Soura: Nueces County Appraisal District, Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Frontage Location Acreage Total Total Land Improvements Value Total Assessed Value Total Taxable Value El Constante Beachfront 3.05 Padre Island- Beachfront 4.78 Gulfstream La Casa Del Sol Lake Padre 0.70 Lakeshore Villas Lake Padre 1.26 Leeward Isles Lake Padre 2.58 Leeward Cove Lake Padre 0.61 Lorimar Place Canal - 2 0.43 blocks from beach Mystic Harbor Packery Channel Seahorse Across the street from Beach Nautilus Galleria Across the street from Beach Pirates Crossing & Lake Padre Seascape Villa Portofino Beachfront Mariners Cay Canal - 2 blocks from beach Padre Island - Across the Surfside street from Beach Padre Isle - Island Beachfront House Sand Dollar Canal $531,178 $5,317,124 8885,669 $13,272,754 $94,134 8889,071 8153,552 $1,586,544 8168,810 82,761,688 $75,632 $585,521 871,650 $303,335 $5,848,302 $5,581,554 $14,158,423 813,239,239 8983,205 $983,205 $1,740,096 $1,459,835 $2,930,498 $2,897,168 8661,153 8646,153 $374,985 $374,985 0.94 $122,904 81,185,002 81,307,906 $1,175,954 1.03 878,814 $1,189,358 $1,268,172 31,017,892 1.03 867,502 $1,219,289 $1,286,791 $1,051,791 0.53 8184,591 81,233,405 $1,417,996 $1,337,959 2.31 8483,538 85,372,008 $5,855,546 85,130,665 3.51 8539,544 $2,497,196 83,036,740 $2,261,740 1.55 $135,036 $1,494,152 $1,629,188 $1,464,188 3.31 $528,142 54,812,272 $5,340,414 $5,097,429 0.37 $48,184 8558,458 8606,642 $366,642 Number Avg. of Units Condo Value 69 884,758 130 8108,911 24 $40,967 24 872,504 87 833,684 16 $41,322 10 $37,499 32 840,872 26 $48,776 45 828,595 36 $39,389 53 8110,482 136 $22,329 44 $37,027 72 $74,172 34 817,842 Total 27.99 $4,168,880 $44,277,177 548,446,057 $44,086,398 838 557,812 Source: Nueces County Appraisal District, Economics Research Associates CRA Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of $4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0.51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other (Canal, Packery Channel, non -classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Total Total Acreage Assessed Taxable Value value Value Improvements 6180- 51,636,741 $820,671 52,457,412 52,444,982 20.85 6185- $1,136,341 50 51,136,341 $1,136,341 23.75 6175- $225,114 565,880 $290,994 5290,994 5.01 6125- 51,309,302 $52,191 $1,361,493 $1,361,493 286.05 6195- 5283,515 SO $283,515 $283,515 135 Total 54,59.1,013 $938,742 $5,529,755 $5,517,325 470.66 Source: Nueces County Appraisal District, Economics Research Associates Table 8. Other Non -Exempt Water Front Properties TAX ID Total Land Total Total Value Improvements Assessed Value Total Acreage Legal Description Taxable Value 3730- $152,759 5111,409 $264,168 5264,168 8.05 Island Fairway Estates 4793- $791,199 $276,447 51,067,646 51,067,646 6.75 Mariners Cay Lots 6170- $584,752 $0 $584,752 $584,752 7.58 PADRE ISLAND SEC B 6205- 5735,000 50 5735,000 5735,000 60 PADRE ISLAND SEC 18 1115- $174,019 $0 $174,019 $174,019 138.86 BRYAN WM SUR 606 LS 64, 129.964 ACS ICL 1717- 579,505 $1,281,980 51,361,485 51,229,343 1.00 Compass Townhomes - 13 units Total $2,517,234 $1,669,836 $4,187,070 $4,054,928 222.24 So^ urce: Nueces County Appraisal District, Economics Research Associates Table 9. Exempt Properties TAX ID Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Source: Nueces County Appraisal District, Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10 -year period. North Padre Island, in total, including waterfront and non -waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location —1992-2002 Year Padre Island Waterfront Lake Beach Other Non - (All Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.10% 5.99% 0.77% -3.96% 2.03% 10.19% CAGE. 1993-2002 10.14% 7.27% 5.45% -2.30% 2.39% 11.06% Source: Nueces County Appraisal District, Economics Research Associates TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 $1,300,406,021 $1,523,320,994 $675,226,929 Grand Total Tax Revenue $8,553,266 511,899,730 $15,964,864 $18,701,553 $8,289,646 Incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $8,589,122 819,282,891 $32,713,350 $38,894,559 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Table 12, Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue $8,711,564 $11,971,610 $13,171,464 $15,269,336 $6,768,283 Incremental TIF Revenue 82,496,408 $6,322,891 $7,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue $2,496,408 $8,819,299 $16,719,669 $26,717,912 $31,377,757 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates ERA The following exhibit shows the growth in the TIF revenue from both scenarios. Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 S3008 Opal $2100 -6-11roperk1 - 06490611r2 01000 0500 00 2001 21102 2002 200/2003 2006 2007 2000 20119 2010 2011 2 02 2012 2914 2015 2016 2017 2010 2010 2020 2021 21)22 TIF Analysis for North Padre island — Final Page 12 CRA The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 - 2001-2022 ($000s) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 51,557 $1,557 $314 $314 2003 $117,376 5118,803 $1,699 51,720 $456 $477 2004 $127,940 5131,379 $1,852 $1,902 $609 $659 2005 5139,455 $145,524 52,019 $2,107 $776 $864 2006 $152,006 $161,483 52,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 $1,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 $190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 5278,567 $227,443 53,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 52,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 5322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 $342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL 563,409 $55,892 S4,999,537 54,382,374 538,895 531,378 Source:, City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone Padre Island Tax Incremen Financing District (TI ♦ ..„%„" ,` _ 4•"41,•4i �/ i Iiiiuuun �� .•IIIA ,II��;rli% �iiiiiiif i� I ��y,•hr�,rir� :��iiiiiiilii: ,1'11 `Irk I :: 411N aµ11111111 : HIII1ifatl/111111 11114.44,1,120:5:z ti .44 pe11111tl %it t 111 �: 11111 ini aallaalaati 1411111111811 7- -1 ��I1111/111111/11 � L a� a nnn4lunu•, ► 4►*l 1'w,yp11puluP11 s •eJ� coy.i 1001 toad 301 Scale In Feet Copyright 19$9-2001 City of Corpus Christi Padr:j Balli Co f ty Park Texas Nuece ounty LEGEND 1111 T1F-Area (total acreage 1430.08) — — Corpus Christi City Limit Line — — — ` TIF Area Boundary Line HV I5MAROI City Of Corpus Christi, Planning Department Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT C Map: Proposed Improvements and Proposed Uses of Real Property In the Zone LegendSrceDepartmentofDevelopmentServices Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT D Project Costs and Estimated Cash Flaws Reinvestment Zone Number Two City of Corpus Chriatf, Taxes Packery Channel Project Costs and Funding Land, easements, ROW Demolition Utility relocation Site preparation Reach 2 Mobilization & demobilization Dredging Reach 1 Mobilization & demobilization Dredging Overdepth Placement in placement areas Concrete bulkheads Anchored concrete bulkheads Containment sheetpilelcap Sand bypass pipe Bridge scour protection Jetty construction WaAcway curbing Concrete walkway Planning, engineering & design Construction management Maintenance dredging reserve(a) Mitigation costs Mollie Beattie monitoring Parking lot(b) Parks & recreation center(b) Financing, contingency reserves & rounding Funding Sources Corps of Engineers Series 2003 Bonds Series 2004 Bonds Series 2005 Bonds UtINty and Land Credit General Land Office Grant Surplus Tax Increments or Bonds(b) (a) (b) Total Zone Two Corps of Engineers $236,200 20,834 104,073 74,219 486,881 602,939 1,348,383 2,912,120 425,236 483,774 1,382,386 2,369,894 0 0 321,421 743,041 9,738,800 0 1,502309 2,737,680 1,817,640 1,400,000 1,250,000 541,000 750,000 2,000,000 1,410,683 *82,670 7,292 38,428 25,977 0 170,408 211,029 0 471,934 1,019,242 148,833 169,321 483,835 829,463 0 0 112,497 260,064 3,408,580 0 525,808 958,188 638,174 1,400,000 437,500 189,350 750,000 2,000,000 1,410,683 5153,530 13,542 67,647 48,242 0 316,473 391,910 0 878,449 1,892,878 278,403 314,453 898,551 1,540,431 0 0 208,924 482,977 6,330,220 0 976,501 1,779,492 1,181,466 0 812,500 351,650 0 0 $34,659,513 $15,745,274 *18,914,240 2,500,000 4,300.000 4,330,000 340,273 1,275,000 3,000,000 $2,500,000 4,300,000 4,330,000 340,273 1,275,000 3,000,000 $18,914,240 *18,914,240 *34,659,513 *15,745,273 Manlntenance dredging reserve eilher to be financed from the proceeds of Series 2005 Bonds or as funds become available from surplus tax increments, or a combination thereof. Parks & recreation center and partdng lot to be financed as funding becomes available from surplus tax increments or bonds, or a combination thereof *18,914,240 Reinvestment Zone Number Two City of Corpus Christi, Texas Peckery Channel Bond Fund Assumptions: Bonds Issued: COE - 50.0 melon maintenance Ser 2003 - Mar 03 2,500,000 Tax Increment Base: 83,018,076 City Maim Resfrom Bands 1,400,000 Ser 2004 - Jan 04 4300,000 2002Tatal Appraised Value: 107,580,762 GLO Giant 1,275,000 Ser 2005 • Jan 05 4,330,000 2002 Net Appraised Value 102,440.534 Meintenance annual her 200% 11,130,000 Interest bloomy. 1.85% Required and Fund Balance 3,000,000 Bond Interest 1*.: 7.50% Pledged Revenues Debt Service Funds Beginning Captured Value Bond Fund TIF Ending Available for FYE Tax Bond Fund Zane Foal PrcJ ct.d TIF Interest Fees & Annual Cash Bond Fund Maintenance 7141 Year Balance Property(a) Revenue (b) E.rnings Series 2003 Series 2004 aeries 2006 Total Expenses (c) Flow Bahama Dredging 61,18188 15,000 2002 2001 10,936710 168,106 769,8 2003 2002 61,168 19,422,458 181,974 1,132 - 0 - 2004 2003 229,274 32,933,000 477,000 4,242 194,792 - 194,792 15,000 6 ,6 229,224 594,792 15,000 79,4 50 590,237 2005 2004 500,724 45,509,000 659,000 9,263 187,500 378,250 2006 2005 590,237 59,864,000 864,000 10,919 187,500 322,500 378,875 888,875 15,000 (28,956) 561,281 2007 2006 561,281 75,613,000 1,061,000 10,384 187,500 322,500 324,750 834,750 15,000 221,634 782,915 2008 2007 782,915 93,676,000 1,274,000 14,484 187,500 322,500 324,750 834,750 15,000 438,734 1,221,649 2009 2008 1,221,849 99,062,000 1,303,000 22,601 187,500 322,500 324,750 834,750 15,000 475,851 1,697,499 2010 2009 1,697,499 104,610,000 1,330,000 31,404 187,500 322,500 324,750 834,750 15,000 511,854 2,209,153 - 2011 2010 2,209,153 110,324,000 1,354,000 40,869 187,500 322,500 324,750 834,750 15,000 545,119 2,754,272 - 2012 2011 2,754,272 116,210,000 1,427,000 50,954 187,500 322,500 324,750 834,750 15,000 628,204 3,000,000 382,477 2013 2012 3,000,000 122,273,000 1,501,000 55,600 283,750 418,750 449,875 1,152,375 15,000 389,125 3,000,000 389,125 2014 2013 3,000,000 128,517,000 1,578,000 56,500 278,250 507,500 411,250 1,195,000 15,000 423,500 3,000,000 423,500 2015 2014 3,000,000 134,949,000 1,657,000 55,500 268,750 492,500 500,000 1,261,250 15,000 436,250 3,000,000 436,250 2016 2015 3,000,000 141,573,000 1,138,000 55,500 357,500 573,750 485,000 1,416,250 15,000 362,250 3,000,000 362,250 2017 2016 3,000,000 148,396,000 1,822,000 55,500 342,500 551,250 566,250 1,460,000 15,000 402,500 3,000,000 402,500 2018 2017 3,000,000 155,424,000 1,908,000 55,500 327,500 625,000 640,000 1,592,500 15,000 356,000 3,000,000 356,000 2019 2018 3,000,000 162,663,000 1,997,000 55,500 312,500 595,000 610,000 1,517,500 15,000 520,000 3,000,000 520,000 2020 2019 3,000,000 170,119,000 2,089,000 55,500 393,750 661,250 676,250 1,731,250 15,000 398,250 3,000,000 398,250 2021 2020 3,000,000 177,799,000 2183,000 55,500 371,250 720,000 735,000 1,826,250 15,000 397,250 3,000,000 397,250 2022 2021 3,000,000 185,709,000 2,280,000 55,500 445,000 675,000 786,250 1,906,250 15,000 414,250 3,000,000 414,250 2023 2022 3,000,000 193,856,000 2,380,000 55,500 415,000 726,250 830,000 1,971,250 15,000 449,250 3,000,000 449.250 31,063,974 806,751 5,488,542 9,180,000 9,017,250 23,685,792 315,000 4,931,102 (a) Tax yews 2C01 & 2002 - Net Appraised Value leas Base Value. All other years - ERA August 2002 report - Scenario 2, forecasted Total Appraised Values less ERA Base Value. (b) Source : FY 2003 - Adopted budget FY 2004 through FY 2029 • ERA August 2002 report - Scenab 2 (e) Mates/Paying Agent tees d 55,000 and 11R2 Administrative Expenses ct $10,000 annuaNy. Reinvestment Zone Number Two City of Corpus Chris°, Texas Packery Channel Maintenance Dredging Costs Assump6oas: Required and Fund Balance 3,000,000 City Maint Res from Bonds 1,400,000 Starling Maintenance Expense: 350,000 Maintenance annual incr 2.00% Interest income: 1.85% Resources Available for Maintenance Dredging Start -up and Total Maintenance Maintenance Maintenance Available Ending FYE Tax Beginning Transfer from Interest Reserve from Total Dredging Less Balance After 7131 Year Balance Bond Fund Earnings Bonds Available Expense Expenses City Advance City Advance 2002 2001 0 0 0 0 2003 2002 0 0 0 0 0 232,747 (232,747) 232,747 0 2004 2003 0 0 0 0 0 0 0 0 2005 2004 0 0 0 1,400,000 1,400,000 0 1,400,000 0 1,400,000 2006 2005 1,400,000 0 25,900 1,425,900 0 1,425,900 0 1,425,900 2007 2006 1,425,900 0 26,379 1,452,279 0 1,452,279 0 1,452,279 2008 2007 1,452,279 0 26,867 1,479,146 350,000 1,129,146 0 1,129,146 2009 2006 1,129,146 0 20,889 1,150,036 357,000 793,036 0 793,036 2010 2009 793,036 0 14,671 807,707 364,140 443,587 0 443,567 2011 2010 443,567 0 8,206 451,773 371,423 80,350 0 80,350 2012 2011 80,350 382,477 1,486 484,313 378,851 85,462 0 85,462 2013 2012 85,462 389,125 1,581 476,168 386,428 89,739 0 89,739 2014 2013 89,739 423,500 1,660 514,900 394,157 120,743 0 120,743 2015 2014 120,743 436,250 2,234 559,228 402,040 157,186 0 157,186 2018 2015 157,188 362,250 2,908 522,344 410,081 112,264 0 112,264 2017 2016 112,264 402,500 2,077 516,840 418,282 98,558 0 98,558 2018 2017 98,558 356,000 1,823 456,381 426,648 29,733 0 29,733 2019 2018 29,733 520,000 550 550,283 435,181 115,102 0 115,102 2020 2019 115,102 398,250 2,129 515,482 443,885 71,597 0 71,597 2021 2020 71,597 397,250 1,325 470,172 452,762 17,409 0 17,409 2022 2021 17,409 414,250 322 431,981 461,818 (29,836) 29,836 0 2023 2022 0 449,250 0 449,250 471,054 (21,804) 21,804 0 4,931,102 141,008 1,400,000 8,756,497 284,387 South Padre Island DR (Park RD 22)Padre Island Country Club Co. Park State Hwy 361Zahn RD State of Texas J.P. Luby Park Windward DRState of Texas Beach Access RD 4Packery Channel Padre Balli County Park Whitecap Blvd Palmira DRPadre Island Tax Increment Finance District Source: Department of Development ServicesMDN 2/20/03 µ 0 0.25 0.50.125 Miles Legend Parcels TIF Area BAY CRT WESTDRIVE COURTBELLODRIVE NEMOCOURTARUBADRIVEDYNASTREETMIZZENSTREET DYNASTREETSTATEHWY361 WHITECAPBLVD GYPSYSTREETZAHNROAD GRANDDUNECRTCATBOATCOURT BEACHACCESS3A RD CROWN ROYALDR. P O R T S 'O C A L L D R .P A L O S E C O D RIV E JOLLYROGERSTREET PUNT AE S P ADAL OOP SANDDOLLARAVENUECABANAEASTSTREETPADREISLANDDRIVE ( PARKROAD22 )( PARKROAD22 )CABOBLANCODRIVEB E A C HA C C E S S 6 R DELIFFROADCITY OF CORPUS CHRISTI, TEXASTIRZ #2 Legend TIRZ #2 µ 0 3,000 6,0001,500 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\tirz2.mxdPrepared By: MikeN© City of Corpus C hristi, Texas STATE HYW 361W H I T E C A P PARK RD 22CITY OF CORPUS CHRISTI, TEXAS TIR Z #2Current Land Use Legend TIRZ #2 Current Land Use Vacant Water Natural Area Wetland Drainage Corridor Park Low Density Residential Medium Density Residential High Density Residential Mobile Home Professional Office Commercial Public-Semi Public; PSP Light Industrial Heavy Industrial µ 0 2,900 5,8001,450 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxdPrepared By: MikeN© City of Corpus C hristi, Texas STATE HYW 361W H I T E C A P PARK RD 22R-1B AT B-2A/IO A-1/IO R-1B/SP/01-11 B-4 B-2/IO R-2 A-1/IO B-2A/IO/SP/96-12 AT/IO AT AT AT/IO A-2 B-2A/IO/SP/96-06 AT/IO R-1B/IO AT AT/IO B-2A F-R/IO B-2A B-2A/IO/SP/97-09 B-2A/IO/SP/98-08 R-2 R-1B B-2/IO R-2 B-2A A-1 R-1B/PUD-1/IO R-1B/PUD-2 F-R/IO AT/SP/01-11 R-1B/IO A-2 B-2A/IO R-1B/IO B-2/IO F-R AT/PUD-2 CITY OF CORPUS CHRISTI, TEXAS TIR Z #2Zoning Legend TIRZ #2 Zoning µ 0 2,700 5,4001,350 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxdPrepared By: MikeN© City of Corpus C hristi, Texas STATE HYW 361W H I T E C A P PARK RD 22CITY OF CORPUS CHRISTI, TEXAS TIR Z #2Future Land Use Legend TIRZ #2 Futu re Land Use Conservation/Preservation Water Natural Area Wetland Vacant AR Drainage Corridor Park Estate Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Professional Office Commercial Research/Business Park Tourism Public-Semi Public Light Industrial Heavy Industrial µ 0 2,750 5,5001,375 FeetPrinting Date: 8/26/2009File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxdPrepared By: MikeN© City of Corpus C hristi, Texas 11111 PHASE 1 - SEAWALL PARKING LOT RESTROOMS 11111 PHASE 2 - PACKERY CHANNEL PARKING & OVERLOOKS (NORTH & SOUTH SIDES) PHASE 3 - PACKERY CHANNEL RESTROOMS (NORTH & SOUTH SIDES) PHASE 4 - ADA RAMPS TO JETTIES (NORTH & SOUTH SIDES) PHASE 5 - PACKERY CHANNEL PAVILION (NORTHSIDE) PHASE 6 - ADMINISTRATION & MAINTENANCE BUILDING PHASE 7 - ADA PARKING LOT IMPROVEMENTS AT JETTIE RAMPS PACKERY CHANNEL SIX PACK PROJECT LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/08/2013 Windward @ St. Augustine Crosswalk 00- GLO LEASE TRACT 1 V1 y MIN. FUTURE 28 PARKING SPACES (BY OTHERS) r GLO LEASE TRACT 4 -fir SCALE : 1- = 400' GULF OF MEXICO toxo' OWE NIOECIION WE ITT—rT--1— 7—TZ I Tr 1117 TTI IST 1 T JAN. 7, 2002 GLO LEASE TRACT 5 THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN : NORTH AND SOUTH ACCESS TO PACKERY CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 1 of 6 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT THIS DOCUMENT 1S RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORRY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT 15 NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN - REACH 1 CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT r rPROPOSEDI EN SCTION IMPROV \ 59 PROPOSED ROAD AND INTERSECTION IMPROVEMENTS 2? :H\ 91 fil'ax :.w t., m. Tux Me tY } l� e\e'l Isle"\ z (21Z I c o 3 J 0 Z \ : QoW e\e‘ C7 O eke. NN�,,> + — O e\el 1• o<Livt- 0 co 0) SCALE : 1" = 100' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7. 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. DEC. 13, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 3 of 6 GLO LEASE TRACT 2 PMIN' :P---14n AC PROPOSED-1 RO KING SP POSES ES pep4►►► 1111 / n►►mmp11 £ 10b211 3SV31 010 SCALE : 1" = 100' 140 70+00 T ? 83.54 STA. 112+95 65 TA.17 d6 750 x(0 R x x LA 1801-00 4 1850 THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. DEC. 13, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CITY OF CORPUS CHRISTI CITY PROJECT ENGINEERING SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 4 of 6 p.l. i� ele" x eleV / L x 4.5 pROPOSED / IMpgoVEOEN7S EXISTING ROAD / ),P 4.1 • cLis, r AMP r x 7.7 CONC. WALK RAMP to 0 crt x 3.v 1 / / x3.0 I� I � xel �J I / i i i STAIRS X 4.2 0 0 x 4.3 x 4.2 A 1 VENDOR KIOSK AREAS GLO LEASE TRACT 2 0 LJ LE - 0 J 0 GLO LEASE TRACT 3 Coo GEgSF Tj�yCT 3 1 I O 0 1 L� �\ 0 -\� J o 2 o ^� 1 I\ I 0 0 0 0 N LTJ —� SCALE : 1" = 100' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NOV. 7, 2001 STA. 196+00 STA. 197+83 O 4i END OF PROJECT r r r NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 5 of 6 Q R,o NORTH SIDE 1j1 T 1 r -4,c4 120 r T 1 r T 1 r T I I I I I. I I I 1 I I 1 1 1 1 1 I LIQ 1 J L J I J L 1 J10 L 1 J L 1 J L ___1_ I I I I I I I I I I 1 NORTH SIDE WETLANDS AREA 1 1 1 EL=6.155' , I 1 1 — --t—-F—_1_—L— ,, ,,,w>�--L▪ _—� ��L �i��i•�mi�--1 /.%/ ��---+----� H----+----� H----+---- — —----+----▪ ----+-- ---+- ---1- I I I I I I I I I I I I I I I_� I I I I I I I I�Q I I I IXISnNG G UND I MINOR HEAD 1 I I I- T 1 r T 1 r T 1 r T 1 r T 1 r ___T____1 I 1 1 1 1 1 1 I I I I I I I I I PR+. L-20 1 J L 1 -(01 L 1 J-20 L 1 J L 1 J L J + + + 0 + + + 0 • + 0 0 0 0 o 0 0 o 0 A m b a • a m n tip to a n N OVERLOOK EL= 6.55 PROP. FILL 10 L 0 SOUTH SIDE EXIST. GROUND 20 / rPROP. flLLT , WALL=14.75 [EL=10.25' J L 1 - J1 SEE DETAIL BELOW 270' BULKHEAD IT -10 J PROP. CHANNEL 1 1 J-20 164+00 130' 140' 33' OUTFALL STRUCTURE 1 -- —_L---1- 0 I N — 10 - -- ---H --� EXIST. GROUND 3 - 20 • 64' 25' PARKING AREA INLET T 6<limmimms652435"3"& 1 // , MINOR BULKHEAD WATER EXCHANGE r rt PIPE —14.25 — SIDEWALK EL=5.25' 1 BULKHEAD EXISTING GROUND EL =-1.75' PROP. CHANNEL w J w 10 -J w U J- 0 W U a_ 0 EL = —14.75' NORTH SIDE HORZ. SCALE : 1'' = 10' VERT. SCALE : 1 " = 5' TH6 DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOB45, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NOV. 7, 2001 164+00 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS—SECTION NORTH PARKING LOT NEXT TO BULKHEAD CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 ATTACHMENT No.2 Sheet 6 of 6 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities,construction of approximately 11,500 square yards of new flexible pavement,parking lot,two concrete driveways,minor water and wastewater improvements,landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300-space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp;construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp,concrete bollards;minor drainage improvements;3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area.The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico.Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive.The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures,parking lot,access road,pedestrian walkways,storm water structures lighted bollards with electrical receptacles,lighting,landscaping,concrete benches and repairs to shoreline structures. $2,869,224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. Revised 2/20/18 $65,000 $64,500 Completed December 2012, needs replacing 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot.The project also includes turn-around and connector to Zahn Road.A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long)is also being planned.Priority Item.P&R recommends self contained,solar powered mobile units to be placed at Packery Channel Parking Lot,end of Zahn Road and on South side of PC (at a location yet to be determined)Build and Install portable restroom shelters to hold portable restroom units at various locations.Build and Install Portable Shower units on the North and South side of Packery Channel.Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $263,618 Estimated completion: Spring 2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 page 1 of 3 9/18/2018 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom,lookouts and parking lots.This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms,lookouts and parking lots.This project was designed as part of the Phase 2 project for parking and overlooks.Priority ITem:P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Estimated completion: January 2019 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel,and 15,000 cubic yards of sand from the north to south end of the N.Padre Island Seawall.Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch.This will allow the deck area around the restroom and some sitting areas for visitors.Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding.P&R recommends further discussion on this item to determine if another amenity would better suit the area.ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. Revised 2/20/18 $250,000 Estimated completion: Fall 2019 12 Packery Channel Administration / Maintenance Building (Phase 6) This project includes a 30'x 60'maintenance building,a 20'x 20'administration building and a 100'x 1,000'parking lot near the entrance to the Packery Channel Lookout Areas just south of Zahn Road.Priority Item:P&R recommends facility be located on south side of channel to reduce travel time for equipment and safety. $0 Moving Forward with Nueces County Negotiations 13 Packery Channel ADA Parking Lot Improvements at Jetty Ramps (Phase 7) This project includes parking lots on the beach along the north side and the south side of the channel.Development of this project will be pending USACE and TGLO approval and authorization.Project initiation schedule pending availability of funds and completion of previous phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. MOVED TO ITEM #9 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S.Army Corps of Engineers.They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008.The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore,measurement of elevation along the adjacent beach and inland channel segment (shoreline position),elevation measurements across the Mollie Beattie Coastal Habitat Community,and measurement of current velocity in the inland channel segment. $1,761,446 (Lifetime Expenses to Date) Annual agreement. Pending scope as of August 2018. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre-storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 Design Started as of August 2018 page 2 of 3 9/18/2018 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL OCTOBER 9, 2018 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. Added 2/20/2018 $4,000,000 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 page 3 of 3 9/18/2018 Account Number Account Description Actual Revenues 2016 - 2017 Original Budget 2017 - 2018 Amended Budget 2017 - 2018 Estimated Revenues 2017 - 2018 Proposed Budget 2018 - 2019 Reserved for Encumbrances 910,000$ 990,000$ -$ Reserved for Commitments 6,082,624 8,260,716 11,957,165 Unreserved - - - Beginning Balance 6,992,624$ 9,250,716$ 11,957,165$ Property Taxes 300020 RIVZ#2 current taxes-City 2,055,446$ 2,307,516$ 2,307,516$ 2,307,516$ 2,412,597$ 300050 RIVZ#2 current taxes-County 1,037,197 1,164,191 1,164,191 1,164,191 1,171,473 300060 RIVZ #2 current taxes-Hospital 428,228 480,716 480,716 474,497 488,618 300110 RIVZ#2 delinquent taxes-City 28,284 20,753 20,753 19,015 18,998 300130 RIVZ#2 delnquent taxes-Del Mar 20 - - 1 - 300140 RIVZ#2 delinquent taxes-County 15,268 12,040 12,040 10,384 10,500 300150 RIVZ#2 delinqnt taxes-Hospital 6,341 4,927 4,927 4,550 4,600 300210 RIVZ#2 P & I - City 33,489 26,662 26,662 24,958 25,000 300230 RIVZ#2 P & I - Del Mar 22 - - 2 - 300240 RIVZ#2 P & I - County 17,108 14,027 14,027 11,723 12,001 300250 RIVZ#2 P & I-Hospital District 7,108 7,923 7,923 7,180 7,201 Property Taxes Total 3,628,510$ 4,038,755$ 4,038,755$ 4,024,017$ 4,150,988$ Interest and Investments 340900 Interest on Investments 24,212$ -$ -$ 78,865$ 130,000$ 340995 Net Inc/Dec in FV of Investments (806) - - 806 - Interest and Investments Total 23,406$ -$ -$ 79,671$ 130,000$ Interfund Charges 352000 Transfer from Other Fund -$ 757$ 757$ 757$ -$ Interfunds Charges Total -$ 757$ 757$ 757$ -$ Revenue Total 3,651,917$ 4,039,512$ 4,039,512$ 4,104,445$ 4,280,988$ Total Funds Available 10,644,541$ 13,355,161$ 16,238,153$ Note: City of Corpus Christi - Budget Reinvestment Zone No. 2 Fund 1111 Revenue Detail by Account Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post-2000 incremental property taxes from taxing units with property within the boundaries of the zone. Org. Number Organization Name Actual Expenses 2016 - 2017 Original Budget 2017 - 2018 Amended Budget 2017 - 2018 Estimated Expenses 2017 - 2018 Proposed Budget 2018 - 2019 11305 TIF02 Projects Infrastructure -$ -$ -$ -$ 650,000$ 12960 Packery Patrol Operations 32,781 - - - - 55000 Principal retired 990,000 1,070,000 1,070,000 1,070,000 1,240,000 55010 Interest 353,700 309,150 309,150 309,150 261,000 55040 Paying agent fees 5,694 6,000 6,000 6,000 6,000 60010 Transfer to General Fund 11,649 12,846 12,846 12,846 13,929 Expenditure Total 1,393,824$ 1,397,996$ 1,397,996$ 1,397,996$ 2,170,929$ Reserved for Encumbrances 990,000$ -$ -$ Reserved for Commitments 8,260,716 11,957,165 14,067,224 Unreserved - - - Closing Balance 9,250,716$ 11,957,165$ 14,067,224$ City of Corpus Christi - Budget Reinvestment Zone No. 2 Fund 1111 Expenditure Detail by Organization MARKET AND ECONOMIC FEASIBILITY STUDY UPDATE Tax Increment Reinvestment Zone #2 Corpus Christi, Texas Prepared for: Prepared by: The City of Corpus Christi Economic Development Office P.O. Box 9277 Corpus Christi, Texas 78469‐9277 September, 2009 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette i TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................................. i TABLE OF EXHIBITS ................................................................................................................................ ii INTRODUCTION ..................................................................................................................................... 1 ECONOMIC AND DEMOGRAPHIC OVERVIEW ......................................................................................... 2 Regional Economic Trends ......................................................................................................................... 2 Employment trends .................................................................................................................................... 2 Corpus Christi Regional Economy ............................................................................................................... 5 Demographic Trends .................................................................................................................................. 6 Regional Demographics ......................................................................................................................... 6 Regional Demographic Trends ............................................................................................................... 7 City of Corpus Christi Demographics ...................................................................................................... 7 TIRZ Demographics ................................................................................................................................ 9 MARKET OVERVIEW ............................................................................................................................ 13 TIRZ #2 Development Trends ................................................................................................................... 13 Residential ................................................................................................................................................ 14 Commercial .............................................................................................................................................. 15 Multi‐Tenant Commercial Uses ............................................................................................................ 15 Tourism and Hospitality ....................................................................................................................... 16 PROPERTY ACCOUNT AND TIRZ VALUE ANALYSIS ................................................................................ 17 Historical Value Trends ............................................................................................................................. 17 TIRZ Value Estimation and Projection ...................................................................................................... 19 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette ii TABLE OF EXHIBITS Corpus Christi MSA Employment Trends ................................................................................................ 3 Map of Corpus Christi MSA .................................................................................................................... 2 Corpus Christi MSA Employment Growth .............................................................................................. 2 2007 Major Employers – Corpus Christi MSA ......................................................................................... 4 Corpus Christi MSA Job Growth ............................................................................................................. 5 County Population and Employment Forecasts ...................................................................................... 5 Corpus Christi MSA Demographic Overview .......................................................................................... 6 Net Population Migration ...................................................................................................................... 7 Population and Age Trends – City of Corpus Christi Total ....................................................................... 8 City Population and Employment Forecasts ........................................................................................... 8 TIRZ #2 Map .......................................................................................................................................... 9 Population and Age Trends in TIRZ #2 .................................................................................................. 10 Household Characteristics ................................................................................................................... 11 Household Size .................................................................................................................................... 11 Household Income Distribution ........................................................................................................... 12 TIRZ #2 Building Permit Trends ............................................................................................................ 13 Median Home Sale Prices .................................................................................................................... 14 Trends in Home Sale Prices .................................................................................................................. 15 Historical TIRZ #2 Taxable Assessed Value Compound Annual Growth Trends ..................................... 18 Estimation of Current TIRZ Value by Property Class ............................................................................. 20 Projected Increases in TIRZ Values by Property Class ........................................................................... 20 Tortuga Dunes Value Schedule ............................................................................................................ 20 Participating Jurisdiction Base Year Values .......................................................................................... 20 Project TIRZ #2 Assessed Value by Participating Jurisdiction ................................................................ 20 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 1 INTRODUCTION This report is an update to two previous reports prepared by Economics Research Associates for City of Corpus Christi Tax Increment Zone #2 (TIRZ #2) in 2000 and 2002. It discusses the current economic and market conditions affecting the TIRZ. These conditions provide the foundation to an updated set of TIRZ #2 assessed value projections provided at the end of this report. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 2 Map of Corpus Christi MSA Corpus Christi MSA Employment Growth Source: Texas Workforce Commission, Texas A&M Real Estate Center 145,000 150,000 155,000 160,000 165,000 170,000 175,000 180,000 185,000 ‐2.0% ‐1.0% 0.0% 1.0% 2.0% 3.0% 4.0% 5.0%1997199920012003200520072009EmploymentPercent Employment GrowthECONOMIC AND DEMOGRAPHIC OVERVIEW Regional Economic Trends The Corpus Christi Metropolitan Statistical Area (MSA) includes Aransas, Nueces and San Patricio Counties, illustrated in the map on the right. The city of Corpus Christi is the economic center of the MSA and the larger region served by the Coastal Bend Council of Governments. The region currently has a population of 417,000 and an employment of 180,000. Employment trends The employment growth of the region has been positive with a compound annual growth rate of slightly over 1.0% since 1997, roughly approximating the U.S. employment growth. However, the current national economic climate has brought a recent decline in employment in the region. The table on the following page illustrates the employment by selected economic sectors from 2000 to July 2009. From an economic base standpoint, the strongest sectors are mining and construction. Other significant growth is occurring in the sectors, “educational and health services” and “leisure and hospitality” which accounted for 54% of the growth from 2000 to July 2009. The sectors in the Corpus Christi MSA that have seen little job growth are manufacturing (due partly to technological advances) and information services. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 3 Corpus Christi MSA Employment Trends NAICS Industry Annual Average Employment Change 2000 2005 2007 2009* 2000 ‐ 2005 2005 ‐ 2009 Total Nonfarm Employment 166,100 170,000 177,100 180,100 3,900 10,100 Total Private 134,500 137,600 144,200 146,857 3,100 9,257 Goods Producing 28,700 28,200 31,500 31,129 ‐500 2,929 Mining and Construction 15,700 17,600 20,500 20,700 1,900 3,100 Construction of Buildings 6,200 5,500 6,400 6,471 ‐700 971 Manufacturing 13,100 10,600 11,100 10,429 ‐2,500 ‐171 Service Providing 137,300 141,800 145,600 148,971 4,500 7,171 Private Service Providing 105,800 109,400 112,700 115,729 3,600 6,329 Trade, Transportation, and Utilities 29,900 30,500 31,800 32,371 600 1,871 Wholesale Trade 5,100 5,300 5,600 5,686 200 386 Retail Trade 19,300 20,100 20,800 21,043 800 943 General Merchandise Stores 4,100 4,300 4,100 4,400 200 100 Transportation, Warehousing, and Utilities 5,400 5,100 5,400 5,643 ‐300 543 Information 3,200 2,600 2,500 2,329 ‐600 ‐271 Financial Activities 7,700 7,700 8,200 8,129 0 429 Finance and Insurance 4,700 4,700 4,900 4,900 0 200 Professional and Business Services 16,300 16,200 16,300 16,429 ‐100 229 Admin/Support/Waste Mgmt & Svcs 10,600 9,900 9,500 9,657 ‐700 ‐243 Educational and Health Services 24,100 26,100 26,600 28,786 2,000 2,686 Hospitals 7,200 8,000 7,500 7,943 800 ‐57 Leisure and Hospitality 17,700 19,800 20,700 20,557 2,100 757 Other Services 6,900 6,400 6,600 7,129 ‐500 729 Government 31,600 32,400 32,900 33,243 800 843 Federal Government 5,800 6,200 6,500 6,629 400 429 State Government 4,400 4,500 4,600 4,943 100 443 Local Government 21,400 21,600 21,800 21,671 200 71 Source: Texas Workforce Commission, 2009 * 2009 Data is averaged through July Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 4 2008 Major Employers – Corpus Christi MSA Employer Type of Product or Service Civilian Employment CHRISTUS Spohn Health System Hospital 5,400 Corpus Christi ISD School District 5,178 H.E.B. Grocery Company 5,000 Corpus Christi Army Depot Helicopter Repair 4,876 City of Corpus Christi City Government 3,171 Bay, Ltd. Industrial Construction 2,100 Naval Air Station‐ Corpus Christi Flight Training 1,630 Del Mar College Junior College 1,542 Driscoll Children’s Hospital Hospital 1,500 Corpus Christi Medical Center Hospital 1,300 First Data Corporation Teleservices 1,200 Susser Holdings Corporation Convenience Stores 1,100 Nueces County County Government 1,034 Texas A&M Corpus Christi Four‐year University 991 Flint Hills Resources Crude Oil Refining 920 Kiewit Offshore Services Offshore Rig Manu. 900 Corpus Christi State School Special‐needs Facility 850 Valero Refining Crude Oil Refining 824 Sherwin Alumina Alumina 800 Sam Kane Beef Processors Beef Processing 800 Flour Bluff ISD School District 750 Source: Corpus Christi Regional Economic Development Corporation, Regional Profile, June 2009 The table on the right lists the major employers in the Corpus Christi MSA. Government agencies (local and military) and health care institutions disproportionately represent the major employers in the region. The scheduled closing of the Naval Station Ingleside will adversely impact the regional economy but will not likely be devastating. According to the 2005 Report1 on the announced closings, direct job losses in the three facilities will total 3,154 and the indirect job loss of 3,879 for a total of 7,033 jobs lost (4% of regional employment). There is some concern over the future of the Corpus Christi Army Depot helicopter repair center when the US involvement in Iraq and Afghanistan is reduced. The impact is unknown at this time. 1 Report of the Impact of the 2005 Base Realignment and Closure Committee Recommendations for Naval Station Ingleside, Naval Station Corpus Christi, and Corpus Christi Army Depot, prepared by Impact Data Source, December 2005 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 5 Corpus Christi MSA Job Growth Compared with Texas and the U.S. Graphic From: VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Winter 2007/2008 County Population and Employment Forecasts 2006 2035 Change CAGR* Population Nueces County 325,745 443,722 117,977 1.1% San Patricio County 83,821 117,856 34,035 1.2% Total 409,566 561,578 152,012 1.1% Total Employment Nueces County 159,863 231,844 71,981 1.3% San Patricio County 18,204 25,617 7,413 1.2% Total 178,067 257,461 79,394 1.3% * CAGR = Compound Annual Growth Rate Source: Corpus Christi Metropolitan Planning Organization Corpus Christi Regional Economy The Corpus Christi regional economy has two strong underpinnings: 1) a strong industrial base and 2) a healthy tourism industry. According to a recent report from the San Antonio office of the Federal Reserve, the Corpus Christi economy has grown consistently, tracking the U.S. economy since 1987 (See chart at the right). Oil prices have been a key driver of the regional economy in the past but the oil price spike of 2006 and 2007 was not felt significantly in Corpus Christi. Future economic growth in the Corpus Christi region is expected to less dependent on the oil and gas sectors and be generated by: • the expansion of trade through the port, • becoming a center for alternative energy sources (stimulated by the wind energy research activities being proposed for the area), • tourism, and • a burgeoning retirement community. Population and Employment Forecasts The table on the right illustrates the population and employment forecasts produced by the agency responsible for transportation planning in the region. Aransas County is not included because it is not in the MPO’s planning area. The key result is that local planners are expecting long‐term moderate growth in the region, consistent with recent trends in the 1.0% to 1.2% range. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 6 Demographic Trends Regional Demographics The table below illustrates some recent demographic trends for the Corpus Christi MSA. Demographic data in this report is from PCensus for MapInfo, which is a reseller of Claritas, Inc. demographic data. According to PCensus estimates, over the past 9 years since the 2000 census, the region has added 14,201 persons (3.5%) and 9,128 households. The PCensus 2009 population estimate is reasonably close to the U.S. Census estimate for July 2008 of 415,376. Corpus Christi MSA Demographic Overview Characteristic 2000 Census 2009 Estimate 2014 Projection Count Share Count Share Count Share Total Population 403,280 417,481 428,381 Population by Age Age 17 and under 115,341 28.6% 112,513 27.0% 113,887 26.6% Age 18 and over 287,939 71.4% 304,968 73.0% 314,494 73.4% Age 65 and over 46,481 11.5% 52,951 12.7% 59,711 13.9% Median Age 33.6 35.2 35.4 Population by Ethnicity and Race Hispanic or Latino 212,703 52.7% 234,299 56.1% 248,264 58.0% White (Non-Hispanic) 165,523 41.0% 157,458 37.7% 153,838 35.9% Black or African American (Non-Hispanic) 14,788 3.7% 13,665 3.3% 13,120 3.1% Native (Non-Hispanic) 1,270 0.3% 1,421 0.3% 1,519 0.4% Asian (Non-Hispanic) 4,461 1.1% 5,280 1.3% 5,778 1.3% Pacific Islander (Non-Hispanic) 201 0.0% 207 0.0% 210 0.0% Other Race (Non-Hispanic) 409 0.1% 390 0.1% 381 0.1% Two or More Races (Non-Hispanic) 3,925 1.0% 4,761 1.1% 5,271 1.2% Households by Household Income Less than $15,000 $15,000 to $24,999 29,193 20.6% 25,569 17.0% 24,390 15.6% $25,000 to $34,999 21,252 15.0% 19,607 13.0% 18,878 12.1% $35,000 to $49,999 19,508 13.8% 18,634 12.4% 18,130 11.6% $50,000 to $74,999 23,703 16.8% 23,952 15.9% 24,027 15.4% $75,000 to $99,999 24,997 17.7% 28,354 18.8% 29,280 18.8% $100,000 to $149,999 12,134 8.6% 15,427 10.2% 17,009 10.9% $150,000 to $249,999 6,970 4.9% 13,086 8.7% 16,242 10.4% $250,000 to $499,999 2,635 1.9% 3,997 2.7% 5,484 3.5% $500,000 or more 836 0.6% 1,507 1.0% 1,818 1.2% Median Household Income 302 0.2% 586 0.4% 831 0.5% Source: PCensus for MapInfo, Tetrad Computer Applications, 2009 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 7 Net Population Migration Corpus Christi MSA Graphic From: VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Winter 2007/2008 Regional Demographic Trends According to the previously cited report from the Federal Reserve, the Corpus Christi region’s recent population trends have been somewhat weak. One such measure of population growth is the net population migration. A region can have positive population growth because of a net number of births over deaths yet still have a net out‐ migration of people from the community. This appears to be the case for the Corpus Christi region in the last decade. Generally, if area businesses are prosperous and creating new jobs, the region will have net immigration. According to the Fed report, “Corpus Christi experienced positive net domestic migration through 1997, but it fell to negative in 1998, where it remained through 2003. Net domestic migration became positive again in 2004 and 2005, but just slightly. International immigration increased somewhat in the 1990s, but it too has experienced a general downward trend in the 2000s. Net internal growth has also slowed since the 1980s, with births decreasing and deaths increasing. Overall population growth and, in particular, net migration show Corpus Christi has grown sluggishly over the past two decades.” City of Corpus Christi Demographics The City of Corpus Christi has, within the municipal boundaries, over two‐thirds of the residents of the region with a current estimated population of 287,168. Like the region, the City’s growth over the past nine years has been modest (9,714 added, 3.5%). The table on the following page illustrates the historical and expected future population by age group. The population of the City is getting slightly older with most of the change occurring in the 35‐44 year old group. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 8 City Population and Employment Forecasts 2006 2035 Change CAGR* Population 294,075 399,328 105,253 1.1% Total Employment 156,632 223,715 67,083 1.2% * CAGR = Compound Annual Growth Rate Source: Corpus Christi Metropolitan Planning Organization Population and Age Trends – City of Corpus Christi Total Age Group 2000 Census 2009 Estimate 2014 Estimate Change Count Share Count Share Count Share 2000‐ 2009 2009‐ 2014 Total Population 277,454 287,168 294,563 9,714 7,395 Age 0 to 4 21,544 7.8%22,243 7.8%23,105 7.8% 699 862 Age 5 to 9 21,592 7.8%21,518 7.5%21,973 7.5% ‐74 455 Age 10 to 14 21,487 7.7%20,809 7.3%21,236 7.2% ‐678 427 Age 15 to 17 13,439 4.8%12,521 4.4%12,070 4.1% ‐918 ‐451 Age 18 to 20 13,329 4.8%12,791 4.5%12,697 4.3% ‐538 ‐94 Age 21 to 24 16,058 5.8%16,567 5.8%16,327 5.5% 509 ‐240 Age 25 to 34 37,792 13.6%37,792 13.1%39,694 13.5% 0 1,902 Age 35 to 44 43,275 15.6%36,898 12.9%35,129 11.9% ‐6,377 ‐1,769 Age 45 to 49 19,928 7.2%20,455 7.1%18,549 6.3% 527 ‐1,906 Age 50 to 54 16,657 6.0%20,261 7.1%19,715 6.7% 3,604 ‐546 Age 55 to 59 12,024 4.3%17,612 6.1%19,236 6.5% 5,588 1,624 Age 60 to 64 9,527 3.4%13,860 4.8%16,568 5.6% 4,333 2,708 Age 65 to 74 16,944 6.1%17,541 6.1%21,490 7.3% 597 3,949 Age 75 to 84 10,533 3.8%11,561 4.0%11,372 3.9% 1,028 ‐189 Age 85 and over 3,325 1.2%4,739 1.7%5,402 1.8% 1414 663 Age 16 and over 208,504 75.2%218,504 76.1%224,315 76.2% 10,000 5,811 Age 18 and over 199,392 71.9%210,077 73.2%216,179 73.4% 10,685 6,102 Age 21 and over 186,063 67.1%197,286 68.7%203,482 69.1% 11,223 6,196 Age 65 and over 30,802 11.1%33,841 11.8%38,264 13.0% 3,039 4,423 Median Age 33.2 34.8 35.1 1.6 0.2 Average Age 34.7 36.2 36.8 1.5 0.6 Source: PCensus for MapInfo, Tetrad Computer Applications, 2009 Population and Employment Forecasts for City of Corpus Christi The table at the right shows the forecast of population and employment provided by the MPO. The current estimates differ somewhat from other sources such as the Census. Nevertheless, the principal point of these forecasts is that they demonstrate long‐term growth rates consistent with past trends – continued slow growth. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 9 TIRZ #2 Map Source: The City of Corpus Christi TIRZ Demographics In the 2000 Census, only 908 persons resided in the designated for TIRZ #2 shown below. According to the PCensus estimates, that number increased by 288 persons to 1,196 in 2009. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 10 The population in TIRZ #2, as illustrated in the table below, has a marked lack of children and overall lack population under the age of 20. This population makes up only 12.2% of the total population in TIRZ #2, while this group comprises 31.5% of the population of the City of Corpus Christi overall. The TIRZ also has a higher share of persons over age 65. Population and Age Trends in TIRZ #2 Age Group 2000 Census 2009 Estimate 2014 Estimate Change Number Share Number Share Number Share 2000‐ 2009 2009‐ 2014 Total Population 908 1,196 1,343 288 147 Age 0 to 4 29 3.2%34 2.9%39 2.9% 5 5 Age 5 to 9 22 2.5%40 3.4%41 3.0% 18 1 Age 10 to 14 25 2.8%37 3.1%47 3.5% 12 10 Age 15 to 17 22 2.5%17 1.4%22 1.6% ‐5 5 Age 18 to 20 30 3.3%16 1.4%23 1.7% ‐14 7 Age 21 to 24 87 9.55%43 3.6%30 2.3% ‐44 ‐13 Age 25 to 34 168 18.5%209 17.4%180 13.4% 41 ‐29 Age 35 to 44 139 15.3%201 16.9%235 17.5% 62 34 Age 45 to 49 78 8.5%96 8.0%115 8.6% 18 19 Age 50 to 54 77 8.5%118 9.9%125 9.3% 41 7 Age 55 to 59 53 5.9%106 8.8%130 9.7% 53 24 Age 60 to 64 48 5.4%82 6.9%111 8.3% 34 29 Age 65 to 74 88 9.7%107 8.9%138 10.2% 19 31 Age 75 to 84 39 4.3%72 6.0%76 5.7% 33 4 Age 85 and over 1 0.2%18 1.5%30 2.2% 17 12 Age 16 and over 826 91.0%1,080 90.3%1,213 90.3% 254 133 Age 18 and over 808 89.1%1,068 89.3%1,195 89.0% 260 127 Age 21 and over 779 85.8%1,052 88.0%1,172 87.2% 273 120 Age 65 and over 129 14.2%196 16.4%244 18.1% 67 48 Median Age 40.3 45.0 47.4 4.7 2.3 Average Age 41.1 44.7 46.4 3.7 1.7 Source: PCensus for MapInfo, Tetrad Computer Applications, 2009 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 11 Household Size TIRZ #2 vs. Corpus Christi Average Household Size 2000 2009 2014 TIRZ #2 1.77 1.75 1.75 City of Corpus Christi 2.75 2.70 2.68 Source: PCensus for MapInfo, Tetrad Computer Applications, 2009 The tables on this page illustrate household characteristics for TIRZ #2 compared with the City of Corpus Christi. The overwhelming majority of households in the TIRZ being one‐person non‐ family and two‐person family households further illustrates of the lack of children in the TIRZ. In fact, the quantity of non‐ family households exceeds family households in the TIRZ; this is in stark contrast to the city overall, where there are more than twice the number of family households versus non‐ family households in the city. The table at the bottom of the page shows that the average household size was also substantially lower in the TIRZ (1.75) compared to 2.70 persons per household in the City. Household Characteristics TIRZ #2 Household Type 2000 2009 2014 Count Share Count Share Count Share Non‐family households 279 373 420 1 person 227 81.3%310 83.0% 351 83.7% 2 persons 46 16.6%56 15.0% 60 14.2% 3 persons 5 1.9%7 1.7% 8 1.8% 4 or more persons 1 0.4%1 0.3% 1 0.2% Family households 230 304 342 2 persons 168 73.0%222 73.1% 251 73.3% 3 persons 33 14.5%45 14.7% 50 14.7% 4 or more persons 28 12.2%37 12.2% 41 12.0% City of Corpus Christi Household Type 2000 2009 2014 Count Share Count Share Count Share Non‐family households 28,326 29,817 30,740 1person 22,956 25,094 84.2%26,203 85.2%85.4% 2persons 4,428 3,869 13.0%3,688 12.0%11.8% 3persons 633 605 2.0%600 2.0%1.9% 4ormorepersons 309 249 0.8%249 0.8%0.8% Family households 70,465 74,458 76,907 2persons 25,058 27,490 36.9%28,810 37.5%37.6% 3persons 17,334 18,629 25.0%19,341 25.2%25.2% 4ormorepersons 28,073 28,339 38.1%28,756 37.4%37.3% Source: PCensus for MapInfo, Tetrad Computer Applications, 2009 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 12 TIRZ #2 vs. Corpus Christi Incomes in Constant $ Measure Geography 2000 Adjusted 2009 Projection Change % Average household income TIRZ #2 $69,976 $57,359 ‐18.03% City of Corpus Christi $61,407 $57,050 ‐7.10% Median household income TIRZ #2 $53,460 $42,983 ‐19.60% City of Corpus Christi $46,734 $42,978 ‐8.04% Per capita household income TIRZ #2 $40,598 $32,468 ‐20.03% City of Corpus Christi $22,203 $21,009 ‐5.38% Source: PCensus for MapInfo, Tetrad Computer Applications, 2009 2000 Income statistics where adjusted to 2009 dollars using the CPI‐U The tables on this page illustrate the household income characteristics of the area in the TIRZ and the City of Corpus Christi. Overall, the income distribution in the TIRZ mirrors that of the City of Corpus Christi closely, except on a per capita basis; this is likely due the lack of children residing in the TIRZ. The table at the bottom of the page includes a comparison of average, median and per capita household income for the two geographies in constant 2009 dollars. According to the PCensus estimates, household incomes in the TIRZ are declining more than double the amount as the city as a whole. This may be due to the increasing number of retirees living in the TIRZ. Household Income Distribution TIRZ #2 vs. Corpus Christi – Nominal Dollars TIRZ #2 2000 2009 2014 Count Share Count Share Count Share Total Households 521 677 762 Less than $15,000 86 16.6% 109 16.1% 120 15.8% $15,000 to $24,999 51 9.7% 70 10.3% 79 10.4% $25,000 to $34,999 78 15.1% 91 13.5% 91 12.0% $35,000 to $49,999 97 18.7% 129 19.1% 150 19.7% $50,000 to $74,999 102 19.5% 125 18.5% 130 17.1% $75,000 to $99,999 55 10.6% 75 11.1% 91 11.9% $100,000 to $149,999 24 4.7% 39 5.8% 52 6.9% $150,000 to $244,999 21 4.1% 30 4.5% 37 4.9% $250,000 to $499,999 6 1.1% 7 1.0% 9 1.2% $500,000 or more 1 0.2% 1 0.2% 2 0.3% CORPUS CHRISTI Total Households 98,779 104,275 107,647 Less than $15,000 19,524 19.8% 17,241 16.5% 16,459 15.3% $15,000 to $24,999 14,684 14.9% 13,290 12.8% 12,739 11.8% $25,000 to $34,999 13,319 13.5% 12,869 12.3% 12,502 11.6% $35,000 to $49,999 16,639 16.8% 16,429 15.8% 16,382 15.2% $50,000 to $74,999 17,987 18.2% 19,825 19.0% 20,405 19.0% $75,000 to $99,999 8,734 8.8% 11,007 10.6% 12,008 11.2% $100,000 to $149,999 5,159 5.2% 9,302 8.9% 11,460 10.7% $150,000 to $244,999 1,873 1.9% 2,831 2.7% 3,852 3.6% $250,000 to $499,999 614 0.6% 1,039 1.0% 1,236 1.2% $500,000 or more 246 0.3% 442 0.4% 604 0.6% Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 13 TIRZ #2 Building Permit Trends Number of Permits 2003 2004 2005 2006 2007 2008 2009 Commercial New commercial shell only 1 3 6 New commercial building 2 9 3 2 Residential New apartments 1 New condo / townhouse 2 4 35 11 22 New single family 1 1 1 2 3 Permit Valuations 2003 2004 2005 2006 2007 2008 2009 Commercial New commercial shell only $227,000 $696,000 $1,887,693 New commercial building $346,600 $818,399 $1,042,410 $123,200 Residential New apartments $404,000 New condo / townhouse $0 $507,000 $4,388,632 $715,000 $5,418,400 New single family $ 4,000 $2,500 $82,000 $292,200 $383,600 Source: City of Corpus Christi MARKET OVERVIEW TIRZ #2 Development Trends The table below illustrates the 2003 ‐ 2009 record of building permits within TIRZ #2. Up to now, condominium and commercial development has dominated within the TIRZ, as opposed to single family homes. Commercial permitting for new shells or buildings occurred throughout the period (see the Commercial summary below). The most significant category of permitting was new condominiums or townhouses, particularly from 2006 to 2008, during which the City issued 68 permits for new construction. The most significant new development project planned for the TIRZ at the present time is Tortuga Dunes, located immediately north of the Packery Channel. This will be an upscale residential development with a strict Caribbean‐style architectural theme. Phase I of the development includes 92 single family lots plus townhome sites which are being marketed now. There is also land reserved for a Phase II with additional home lots and potentially condominiums. The developer projects the first homes to be built in 2010, with the pace of construction picking up rapidly in 2011. A Holiday Inn Express is reportedly planned for 14100 South Padre Island Drive. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 14 Residential A mix of second home owners, retirees, and locally employed residents drives the North Padre Island housing market. A check of the TIRZ #2 property accounts indicates that relatively few homes are owner‐occupied as a primary residence – only 204 accounts out of more than 1,500 total have claimed a homestead exemption. Nearly all residential properties in TIRZ #2 are classified as “condominium” by the Nueces County Appraisal district (1,499 condominium accounts vs. 13 single family, duplex, or triplex, plus one classified as “multifamily”). The residential market on North Padre Island is currently in turmoil due to the national economic and financial crisis, which has negatively affected residential mortgage borrowers. From 2005 to 2008 this area experienced a surge in housing prices. Much of the demand driving the price increases was reportedly from buyers outside Texas who were either purchasing for retirement, a second home, or an income‐generating investment. Since 2008, this market has decreased markedly and foreclosed properties have come to dominate the market. One real estate agent reported that two foreclosed North Padre Island townhome units (not within TIRZ #2) that originally sold for $240,000 within the last two years sold within the last month for $133,500 and $160,000. Until the foreclosed properties are cleared from the market, they will continue to depress prices. The Corpus Christi Association of realtors provided CDS | Spillette with data from the Multiple Listing Service (MLS) for 2007 through year to date 2009 for North Padre Island (both TIRZ and non‐TIRZ areas). The data, as presented in the chart on the next page, show that the shares of overall sales activity generated by homes priced above $250,000 has receded substantially from 2007 and 2008 levels. This reflects the anecdotal evidence that many formerly higher‐priced residential units are now selling for much lower prices, often because of foreclosure. The median closing prices for the time period also indicate a significant shift in pricing for 2009, as shown in the table to the right. In the long run, however, the future will bring an eventual return to strong demand and increased prices and property values. Although Corpus Christi’s job base has experienced slow growth and household incomes are moderate, North Padre Island’s residential market should not be as constrained as other areas of the city. This is because North Padre Island will attract out‐of‐town buyers and renters who are relatively detached from the local economy but who desire coastal property and find the area’s home prices to be more affordable than other Gulf Coast beach locations. Median Home Sale Prices North Padre Island Year Median Closing Price Change 2007 $231,000 2008 $232,500 $1,500 2009 YTD $192,500 ‐$40,000 Source: Corpus Christi Association of Realtors Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 15 Commercial Multi‐Tenant Commercial Uses Reliable data for commercial properties on North Padre Island is limited. A commercial broker who is active on the Island provided CDS | Spillette with some information however. A survey conducted in 2006 indicated approximately 86,000 square feet of leaseable (not owner/user) space in inventory at that time, with two properties totaling 24,732 square foot under construction. Of the built space, approximately 90 percent was occupied at that time. Rents ranged from $0.95 per month net of utilities to $1.65 per month, triple net. New multi‐tenant properties since 2006 include: • Marina Plaza, 4,732 square feet, currently 75% vacant • An addition to Padre Professional Plaza, though it is unclear whether the entire planned 20,000 square feet was actually completed; the addition is mostly occupied by a church, though some vacancy also remains • Loma Alta Plaza, 23,000 square feet, vacancy data not available • Padre Station, 7,901 square feet, 59% vacant • A small retail center at 15117 – 15121 South Padre Island Drive New single‐tenant developments include a CVS drugstore and Ace Hardware. Trends in Home Sale Prices North Padre Island Source: Corpus Christi Association of Realtors 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% Share of Total Closings 2007 2008 2009 YTD Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 16 Current occupancy rates and rents are uncertain but are reported lower than in 2006. The prime locations are near the intersection of South Padre Island Drive and SH 361, especially on the west side (the “going home” side). Traffic counts are reportedly approaching 28,000 – 30,000 vehicles per day. Traffic counts and local market area population are relatively higher on the mainland portion of the south side of Corpus Christi, putting North Padre Island at a locational disadvantage when competing for tenants. Typical commercial tenants on North Padre Island were professional offices for businesses related to real estate. The economic slowdown and damaged residential real estate market has resulted in those firms having to shrink both employees and their occupied space. When the ensuing vacancies are being filled, it is with other types of retail businesses such as restaurants that can draw from vacationers. Significant neighborhood retail uses such as grocery stores are not yet on the island due to insufficient full time resident population. Tourism and Hospitality Corpus Christi receives approximately 7 million visitors per year. According to research by the Office of the Governor, over three quarters of “person‐days” (one visitor spending one day in the area) to the metropolitan area comes from within Texas. Together visitors from the San Antonio and Austin areas accounted for 42 percent of total person‐days in the region. The Convention and Visitors Bureau (CVB) reports marketing of Corpus Christi in the Houston region began just last year. Leisure travelers are estimated to constitute 73 percent of person‐days in the Corpus Christi region. Apart from visiting family and friends, major attractions for leisure travelers include the U.S.S. Lexington and Texas State Aquarium. Fishing, beaches, and nature tourism also have a major role in visitor activities. The CVB has is trying to expand its efforts regarding nature tourism, and touts that the San Diego Audubon Society has named Corpus Christi the “birdiest city in America” for the sixth year in a row. Business travel, including meetings and conventions, makes up the balance of travel demand. North Padre Island attracts tourists for its beaches and fishing. To accommodate these visitors, there is a large stock of vacation rental housing. North Padre Island offers five hotel properties: • Best Western on the Island • Hampton Inn • Comfort Suites • Hawthorn Suites • Holiday Inn SunSpree Resort Hotel All of these properties are located within TIRZ #2. The Holiday Inn Express, mentioned earlier, would also be in the TIRZ if it is built. Among the improvements currently proposed to be funded by TIRZ #2 are amenities for the public parklands along Packery Channel. Because these amenities will likely increase visitation to these parks, their implementation should have a beneficial impact on demand for certain types of commercial uses, especially convenience retail and casual dining. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 17 PROPERTY ACCOUNT AND TIRZ VALUE ANALYSIS CDS | Spillette extensively analyzed the TIRZ #2 property account data provided by the Nueces County Appraisal District (Nueces CAD). Accounts were classified based on use (largely determined by the State of Texas codes used by appraisers) and by location – beachfront, other waterfront, and inland sites. Residential properties on Lake Padre were noted separately as well, due to their access to Packery Channel. Historical Value Trends Nueces CAD also provided historical taxable values for the TIRZ #2 accounts, going back to 2001 if available. Analysis of these values provided data on taxable value growth trends presented in the table on the following page. The table gives the compound annual growth rates for three time intervals for all property use classes and locations for which data was available. These growth rates were often very high. Among the key observations are: • Condominium accounts experienced rapid value increases through 2008. Beachfront and Lake Padre condo accounts experienced greater increases, on a percentage basis, than inland condos. • Improved commercial properties showed wildly rapid value escalation from 2005 to 2008. • Various classes of vacant land lost value from 2008 to 2009, a significant change in trend. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 18 Historical TIRZ #2 Taxable Assessed Value Compound Annual Growth Trends Property Use Classification 2001‐2008 Beachfront Lake Padre Interior Waterfront Inland Waterfront Commercial Improved condo 32.5% 35.0% 20.6% 11.3% Improved single family 43.1% 28.0% Improved multifamily Duplex and triplex Improved commercial 12.4% 34.9% Vacant real property inventory Vacant commercial 32.0% Vacant multifamily Vacant unplatted condos ‐ single family land Vacant commercial lots 40.1% Vacant residentially platted lots‐tracts 84.9% Property Use Classification 2005‐2008 Beachfront Lake Padre Interior Waterfront Inland Waterfront Commercial Improved condo 24.4% 31.8% 23.1% 22.7% Improved single family 130.9% 18.4% Improved multifamily Duplex and triplex Improved commercial 53.5% 71.6% Vacant real property inventory 16.8% Vacant commercial 83.4% Vacant multifamily 16.5% Vacant unplatted condos ‐ single family land 65.4% 273.2% Vacant commercial lots 38.0% 17.0% 77.1% Vacant residentially platted lots‐tracts 31.5% 48.5% Property Use Classification 2008‐2009 Beachfront Lake Padre Interior Waterfront Inland Waterfront Commercial Improved condo 49.3% 18.7% 33.2% 20.4% Improved single family 239.5% 75.3% Improved multifamily 137.6% Duplex and triplex 19.9% Improved commercial ‐52.4% 33.8% 26.0% Vacant real property inventory 7.9% ‐2.5% Vacant commercial 27.3% Vacant multifamily 80.7% 150.0% Vacant unplatted condos ‐ single family land 0.4% ‐49.5% Vacant commercial lots ‐16.6% ‐6.9% ‐3.7% Vacant residentially platted lots‐tracts 16.1% 10.9% Source: Nueces County Appraisal District and CDS | Spillette Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 19 TIRZ Value Estimation and Projection The tables on the following pages present the analysis and projections that lead to the projection of future assessed values for TIRZ #2 and TIRZ revenues. The first table breaks down the 2009 certified taxable assessed values by property class and location as of September 2009 for the City of Corpus Christi. It also breaks down the uncertified accounts in the same manner. Different levels of taxable value loss are assumed for different classes of properties; generally, those classes which experienced more rapid increases in value up through 2008 are anticipated to suffer greater value reductions as a result of owner protest. Applying these value loss assumptions leads to an estimated certified value of the TIRZ for 2009 of $ 380,825,433. CDS | Spillette used the same methodology for each participating jurisdiction; tables for these other jurisdictions were not included in this report. The second table provides CDS | Spillette’s projections for value appreciation and average annual new development value by property class. These projections were based on the historical property accounts analysis and market research findings. CDS | Spillette projects that value losses will occur in the near term, 2010‐2011, due to falling prices and rents. By 2012‐2015, values will begin to increase slowly and more new development will occur. From 2016 on, it is projected that value increases of up to 15% annually will be achievable for several property classes and new development will average more than $25 million per year. In general, properties with beach frontage or interior waterfront (especially Lake Padre) are projected to appreciate the fastest. The same value increase and new development factors were used for each participating jurisdiction. It should be noted that Tortuga Dunes is not included in the new development amounts in the table. Tortuga Dunes has provided a schedule of new development value that is included in the actual TIRZ value projections. Also, these projections represent incremental development on a property by property basis; they do not assume a large scale self‐contained resort is developed on one of the large tracts within the TIRZ. Such a resort could add several $100s of millions in assessed value above the increases projected by CDS | Spillette. Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 20 Estimation of Current TIRZ Value by Property Class Property Class Property Location 2009 Certified Taxable Value Sept. 2009 2009 Values Under Protest Projected 2009 Final Certified Value Preliminary Value Projected Protest Loss Improved condo Beachfront $ 73,783,554 $ 1,835,883 ‐30% $ 75,068,672 Lake Padre 29,822,200 1,824,218 ‐30% 31,099,153 Interior waterfront 20,090,193 ‐ 20,090,193 Inland 58,713,493 17,053,593 ‐30% 70,651,008 Improved single family Interior waterfront $ 434,849 $ ‐ $ 434,849 Inland 1,293,317 173,367 ‐30% 1,414,674 Improved multifamily Interior waterfront $ 7,912,520 $ ‐ $ 7,912,520 Duplex and triplex Inland $ 351,685 $ ‐ $ 351,685 Improved commercial Beachfront $ 5,989,259 $ ‐ $ ,989,259 Other waterfront 3,229,447 ‐ 3,229,447 Inland 50,495,181 1,068,677 ‐30% 51,243,255 Improved real property inventory Lake Padre $ 153,409 $ ‐ $ 153,409 Unimproved real property inventory Interior waterfront $ 517,941 $ 640,275 ‐30% $ 966,134 Inland 386,218 568,231 ‐30% 783,980 Unimproved commercial land Inland $ 1,383,601 $ 273,000 ‐30% $ 1,574,701 Unimproved multifamily land Interior waterfront $ 1,021,500 $ ‐ $ 1,021,500 Inland 2,577 $ ‐ $ 2,577 Unimproved residential unplatted land Interior waterfront $ 164,504 $ ‐ $ 164,504 Inland 24,642 ‐ 24,642 Unimproved commercial lots Beachfront $ 24,597,726 $ ‐ $ 24,597,726 Interior waterfront 6,320,828 ‐ 6,320,828 Inland 45,775,050 240,626 ‐30% 45,943,488 Vacant residentially platted lots‐tracts Interior waterfront $ 15,349,519 $ 1,144,411 ‐30% $ 16,150,607 Inland 9,020,370 9,451,791 ‐30% 15,636,624 TOTAL $ 356,833,583 $ 34,274,072 $ 380,825,433 Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 21 Projected Increases in TIRZ Values by Property Class Property Class Property Location 2010‐2011 2012‐2015 2016‐2022 Annual Growth Rate Annual New Development1 Annual Growth Rate Annual New Development1 Annual Growth Rate Annual New Development1 Improved condo Beachfront ‐20% 5% 15% $ 3,375,000 Lake Padre ‐20% 5% $ 2,700,000 15% $ 3,600,000 Interior waterfront ‐25% 2% 10% $ 1,800,000 Inland ‐30% 2% 5% $ 2,700,000 Improved single family Interior waterfront ‐20% $ 200,000 2% $ 750,000 10% Inland ‐30% $ 360,000 0% 5% Improved multifamily Interior waterfront ‐10% 2% 10% Duplex and triplex Inland ‐30% 0% 5% Improved commercial Beachfront 0% 10% 15% $ 12,000,000 Other waterfront 0% 5% 12% $ 1,000,000 Inland ‐10% 5% $ 1,000,000 10% $ 1,000,000 Improved real property inventory Lake Padre 0% 5% 10% Unimproved real property Interior waterfront 0% 5% 10% inventory Inland ‐10% 2% 5% Unimproved commercial land Inland 0% 2% 5% Unimproved multifamily land Interior waterfront 0% 5% 10% Inland 0% 2% 5% Unimproved residential Interior waterfront 0% 2% 10% unplatted land Inland 0% 0% 5% Unimproved commercial lots Beachfront 0% 10% 15% Interior waterfront 0% 5% 15% Inland ‐10% 2% 10% Vacant residentially platted lots‐tracts Interior waterfront 0% 2% 10% Inland ‐10% 0% 5% TOTAL $ 560,000 $ 4,450,000 $ 25,475,000 1 Does not include Tortuga Dunes. Source: CDS | Spillette Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 22 The TIRZ value increase projections are then applied to the projected 2009 certified assessed value for TIRZ #2 for each property class. The Tortuga Dunes projected value additions (see table at right) are then introduced; the negative increment in 2010 is due to dedication of existing taxable property for public use, taking its taxable value to zero. The result of these calculations is a projected taxable value and value increment for the TIRZ, provided in the table on the next page. The assessed value increments for each jurisdiction are based on their respective base year taxable values as shown in the table below. Tortuga Dunes Value Schedule Tax Year Projected Assessed Value Incremental Value Added 2009 $18,640,008 2010 $17,720,205 $(919,803) 2011 $51,224,715 $33,504,510 2012 $66,946,125 $15,721,410 2013 $77,890,140 $10,944,015 2014 $83,900,000 $6,009,860 Source: Forestar Participating Jurisdiction Base Year Values Jurisdiction Base Year Taxable Value City of Corpus Christi $81,732,341 Nueces County $81,581,144 Nueces County Hospital District $81,732,341 Del Mar Junior College $82,513,867 Farm to Market Road District $82,708,597 Sources: City of Corpus Christi and Nueces County Appraisal District Economic Study Update – Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS | Spillette 23 Project TIRZ #2 Assessed Value by Participating Jurisdiction PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Source: CDS | Spillette Economic Study Update — Tax Increment Reinvestment Zone #2 Corpus Christi, Texas CDS 1 Spillette 1250 Wood Branch Park Drive, Suite 100 Houston, TX 77079 281.582.0847 (Phone) 713.465.6975 (Fax) www.cdsmr.com CDS 1 Spillette 24 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 DATE: TO: FROM: September 19, 2018 Keith Selman, Interim City Manager Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Amending Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") CAPTION: Motion to amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP. to extend the performance date to October 24, 2019. PURPOSE: The purpose is to amend a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP. The previously approved Council Agreement (Ordinance 031279) expires on October 24, 2018. This amendment by addendum will extend the performance date to October 24, 2019. BACKGROUND AND FINDINGS: MPM Development, L.P., is required to install 1187 linear feet of 12 -inch waterline extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. Per UDC Section 8.5.1.C.1.B Arterial Transmission and Grid Main Extension and Reimbursement of the Unified Development Code ("UDC"), MPM Development L.P., had requested, and was approved for, a Reimbursement Agreement for the extension of 1187 linear feet of 12 -inch waterline in order to provide adequate water to the property. The amount approved from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund for reimbursement is $109,354.20. The agreement is set to expire on October 24, 2018. Construction of improvements will begin concurrently with the pending public improvements for Royal Creek Estates Unit 8 under one construction contract. Public improvement plans for Unit 8 have been approved and a future reimbursement request is under review by staff for Council consideration in the near term. ALTERNATIVES: Disapproval of the motion to extend reimbursement agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Er Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the amendment by addendum. LIST OF SUPPORTING DOCUMENTS: Reimbursement Agreement Addendum Presentation ADDENDUM TO THE WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This is an addendum to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement originally dated November 7, 2017, by and between: MPM Development, L.P. and the City of Corpus Christi. The terms and conditions of the original agreement remain effective and in full force, except for the following changes: NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Article 5 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS to read as follows: 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by October 24, 2019. EXECUTED by the PARTIED, 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. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nina Nixon -Mendez, FAICP City Secretary Director of Development Services APPROVED AS TO FORM: , 2018 Buck Brice Assistant City Attorney for the City Attorney 1 MPM Development, L.P. By: ossa Moses Mostaghasi General Partner STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 14214 day of , 2018, by Mossa Moses Mostaghasi, General Partner, on behalf of MPM Dev-Iopment, L.P.. jr,.....,•••' ID# 1178588.3 Notary Pubic �,,,. �, STATE OF TEXAS +r�C,.E;. My Comm Exp 11.04•201G -N. V ' r 'kr kir-_ �. CINDY 8UENO v' Notary Fjt Tic's Signature 2 City Council Presentation October 16, 2018 Motion to Amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement for Royal Creek Estates Unit 7 To Extend the Performance Date 1 2 Aerial Overview Royal Creek Estates Unit 7 (12.116 Acres) •MPM Development, LP. was approved for a reimbursement agreement for the construction of a grid main line in the amount of $ 109,354.20 on November 7, 2017. •1187 linear feet of 12-inch water main extension is proposed with the residential subdivision development. •The proposed 12-inch water main extension conforms to the Water Master Plan. 3 Background 4 Site Plan 12” Water main Staff recommends: •Approve the amendment to the reimbursement agreement to extend the performance date. 5 Staff Recommendation DATE:October 16, 2018 TO:Keith Selman, Interim City Manager FROM:Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year service agreement with Air Specialty and Equipment Company of Corpus Christi, Texas for the purchase of air compressors and preventative maintenance at O.N. Stevens Treatment Plant for the total amount not to exceed $70,990. PURPOSE: The purchase of compressors to replace existing QSF-60 Quincy compressors and preventative maintenance to help maintain uninterrupted operating condition. BACKGROUND AND FINDINGS: An audit of compressed air equipment was carried out at O.N Stevens Water Filtration Plant and the report revealed that one of the compressors was not operating correctly due to control issue. This issue resulted in a large amount of artificial air demand, which was due to excessive leaking of air from the compressor inlet location. Also, these existing compressors are obsolete, and their rotors are no longer manufactured. This means once they suffer catastrophic failure, we may not have the ability to have repaired or replaced. The air audit report also suggests that two 30 hp compressors will better suit the air demand, while being large enough to accommodate a future increase in demand as well. The purchase of new compressors will resolve problems. Air Compressors Purchase and Preventative Maintenance for O. N. Stevens Water Treatment Plant AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and one non-responsive bid and staff is recommending the award to the lowest, responsive, responsible bidder, Air Specialty & Equipment Co. 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: Utilities - Water FINANCIAL IMPACT: X Operating □ Revenue □Capital □Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $47,590 $23,400 $70,990 Encumbered / Expended Amount 0 0 This item $47,590 $23,400 $70,990 BALANCE 0 0 0 Fund(s): Water Comments:The purchase of the air compressors and first year of preventative maintenance is funded in FY18-19. The preventative maintenance will continue annually through the remainder of the contract, and will be funded in future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Item Description Unit Qty Unit Rate Total Price Unit Rate Total Price Unit Rate Total Price Unit Rate Total Price1Air Compressor 30 HP, 131.9ACFM at 125 PSIGEA 2 20,870.00$ 41,740.00$ 15,615.00$ 31,230.00$ 24,765.78$ 49,531.56$ 2Preventive Maintenance for a Year for both CompressorYears 5 5,850.00$ 29,250.00$ 11,630.00$ 58,150.00$ 7,329.16$ 36,645.80$ Bid TabulationRFB 1687 Air Compressor and Preventive MaintenceUtilities Department - O. N. Stevens Water Treatment PlantAir Speciality70,990.00$ 3C Industrial89,380.00$ Quincy Compressor86,177.36$ *Ingersoll Rand* Note Ingersol Rand is a non responsive vendor, because they did not quote the compressor and preventive maintenance as per our requirementCity of Corpus ChristiPurchasing DivisionBUYER : JAPAN SHAH Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 SERVICE AGREEMENT NO. 1687 Air Compressors Purchase and Preventative Maintenance THIS Air Compressors Purchase and Preventative Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Air Speciality & Equipment Company (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Air Compressors and Preventative Maintenance in response to Request for Bid/Proposal No. 1687 (“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 Air Compressors and Preventative Maintenance (“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. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods (“Option Period(s)”), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $70,990.00, 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. 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: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 Name: Diana Zertuche Garza Department: Utilities Phone: (361)-826-1827 Email: DianaG@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. 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) 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 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. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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/Fund Administrator Address: 13101 Leopard Street, Corpus Christi, TX 78410 Phone: (361)-826-1827 Fax: (361)-826-4488 IF TO CONTRACTOR: Air Speciality and Equipment Company Attn: Alex Diaz Title: Field Sales Representative Address: 406 S. Navigation, Corpus Christi, Texas - 78405 Phone: (361)-880-8100 Fax: (361)-880-8153 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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 OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. 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. 25. 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 1 of 3 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The Contractor shall provide two Air Compressors, one Air and Water separator and one Air dryer as per the specification outlined in this Scope of Work. These compressors will replace existing Quincy models QSF 60 located at O.N. Stevens Plant. B. The Contractor shall responsible to supply, remove, install and provide preventive maintenance of air compressor and components. C. The Contractor shall furnish labor, materials, parts, and transportation necessary for the term of the contract. D. The Contractor shall perform all work in accordance with applicable local, state and federal laws, rules, and regulations. 1.2 Removal, Supply and Installation A. The Contractor shall disconnect existing air compressor from power, service and air supply/containment connections. B. The Contractor shall dispose equipment and material as per the state, federal and local rules and regulations. C. Supply the air compressor, air and water separator, and air dryer as per specification outlined below. 1. Compressor: Rotary oil flooded screw air compressor, single stage, 30hp, 131.9 ACFM @ 125 PSIG, 1” MNPT, 5/16 push in, 200/230/460/3/60. Compressor must have an ability to connect with each other without sequence panel. 2. Air and Water Separator: Condensate Inlet – 1-1/2” x 1”, Water Outlet – 1”, 232 PSIG, 225 – 338 SCFM. 3. Air Dryer: The Contractor can provide air dryer separate or integrated with the system. If the contractor supplies separate, air dryer specification must be in accordance with the Compressor. 4. Oil and Water Seperator D. Provide all parts, equipment, accessories, material, design and performance characteristics not specified herein, but which are necessary to provide a complete unit with power plant, drive system, operator accommodations and operator controls, shall be furnished with the unit and shall conform in strength, quality of material and quality of workmanship to those which are advertised and provided to the market in general by the unit industry. E. Install power, service and air supply containment fittings/ connections and lines, filters and assemblies. Page 2 of 3 F. Provide new system startup testing and configuration of proper operation. G. Provide one operating manual, service manual, and parts manual included with each unit upon delivery. H. Provide training on daily pre-start, routine Maintenance, operator training and safety precautions. The training will be held at the O.N. Stevens plant. 1.3 Preventive Maintenance A. These compressors will run on load/unload control scheme. B. The Contractor shall provide complete maintenance coverage including, but not limited to: inspection, cleaning, lubrication, adjusting, and Diagnostic Inspection – Oil analysis and Vibration analysis. The Contractor shall perform preventative maintenance as per manufacturer recommendation or, working condition of the compressor, and make sure warranty does not get voided. The goal of the preventative maintenance is to detect impending problems and to prevent unexpected interruptions. C. The Contractor shall repair/replace parts during scheduled preventative maintenance. Replacement of parts shall be made to prevent an unscheduled compressor shutdown and to ensure the continued normal operations of the compressor. Replacements of parts shall be made to extend the useful life of the compressor. D. The Contractor shall use Original Equipment Manufacturer (OEM) parts and Lubricants. E. After completion of Preventative Maintenance, the Contractor shall submit the job ticket. The job ticket shall include following: 1) Site name and address 2) Preventative maintenance task perform in detail 3) Any repair/replace parts F. If any repairs occur because of lack of preventative maintenance, the Contractor shall be responsible to perform repairs at no cost to the city. G. Contractor shall schedule Preventative Maintenance between 8:00 AM to 5:00 PM, Monday to Friday, excluding holidays. H. The Contractor shall arrange a schedule for preventative maintenance with the Contract Administrator or designee. I. The Contractor shall inform Contract Administrator or designee 5 days in advance of the scheduled date of maintenance. J. Maintenance personnel must be certified technician authorized to conduct maintenance on purchased equipment. 1.4 Service Personnel A. The Contractor shall employ sufficient full-time service personnel to perform services outlined in this contract. The Contractor’s service technician must be trained, experienced and qualified to perform services outlined in this contract. All service technicians utilized by the Contractor who are assigned under this contract shall wear an approved uniform as provided by the Contractor. Uniforms shall bear the Contractor’s emblem and, to the extent possible, shall be clean and present a neat appearance. Page 3 of 3 B. The Contractor shall provide proper Personnel Protective Equipment (PPE) for their employees performing the work as required by OSHA and any other Federal, State, or Local codes, Law and Regulations. C. The Contractor’s personnel shall check in with the onsite designee prior to commencing work and check out after completing the work. 1.5 Invoicing A. The Contractor shall invoice the City for New Compressors and Preventative Maintenance. The Invoice shall contain following: Service Agreement No, P.O, Model and Serial number of equipment, and description of services. 1.6 Contractor Quality Control and Superintendence A. 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. 1.7 Safety A. Contractor shall take all necessary measures to prevent damage to other areas adjacent to his work. Should damage occur because of the Contractor’s work, the Contractor is responsible for the repair and/or replacement of the damaged area and to restore to original condition. B. Contractor shall at the end of workday, clean area of work and secure all equipment in a safe condition. 1.8 Warranty A. The Contractor shall provide 5 years warranty on all parts of the compressor. Attachment B - Bid/Pricing Schedule Page 1 of 3 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 $1,000,000 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 Page 2 of 3 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 Page 3 of 3 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. 2018 Insurance Requirements Purchasing Air Compressor Installation and Preventative Maintenance 06/12/2018 sw Risk Management Valid Through 12/31/2018 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor will provide 5 years warranty on all parts of the Compressor including but not limited to Motor, Air end, Cooler, receiver, and Dryer. B. The Contractor will perform preventive maintenance as per manufacturer recommendation or working conditions of the Compressor. C. Because of the lack of preventive maintenance, if any parts need repair or replacement during the term of the contract, the Contractor shall perform repair/replacement of parts at no extra cost to the City. DATE:October 16, 2018 TO:Keith Selman, Interim City Manager FROM:Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services – Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of a Fairbanks pump for O. N. Stevens Water Treatment Plant from Odessa Pumps of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $175,313.00. PURPOSE: To approve the purchase of a pump for O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The Utilities Department, O.N. Stevens Water Treatment Plant, needs a new pump to replace a twenty-year old pump due to catastrophic failure of Raw Water Pump No. 8. This pump is needed to provide water from the river to the plant. This item is a BuyBoard purchase, contracts awarded through the Texas Local Government Purchasing Cooperative BuyBoard have been competitively procured in compliance with Texas local and state procurement requirements. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable Purchase of Fairbanks Pump for O. N. Stevens Water Treatment Plant AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 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: 2018-2019 Current Year Future Years TOTALS Line Item Budget $699,996.00 $0.00 $699,996.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $175,313.00 $0.00 $175,313.00 BALANCE $524,683.00 $0.00 $524,683.00 Fund(s): Water Comments:The cost is for a total amount not to exceed $175,313.00 and funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi BuyBoard Contract No: 509-19 ITEM UNIT QTY UNIT PRICE TOTAL PRICE 1 Each 1 $175,313.00 $175,313.00 TOTAL $175,313.00 DESCRIPTION Odessa Pumps Corpus Christi, Texas Fairbanks Pump Purchasing Division Price Sheet Buyer: Cynthia Perez Purchase of Fairbanks Pump for Utilities Project No: E15160 1 AB/CJ Legistar No.: 18-1241 Rev. 0 – 9/21/18 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 DATE:September 14, 2018 TO:Keith Selman, Interim 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:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 CAPTION: Motion to authorize execution of a Master Services Agreement (MSA) with Bath Engineering of Corpus Christi, Texas for a period of one (1) year in the amount of $300,000 with two (2) optional 1- year renewals in the amount of $250,000 each for a total contract value not to exceed $800,000 for ONSWTP Electrical Distribution Improvements. PURPOSE: This Master Services Agreement provides electrical engineering and technical support to electrical infrastructure improvements in the water treatment and distribution system. BACKGROUND AND FINDINGS: The electrical infrastructure for the water treatment and distribution system is a complex array of electrical substations, switchgear, instrumentation, communication and mechanical components. There is a frequent need for small electrical and control related projects to keep these systems operational. Master Services Agreement O. N. Stevens Water Treatment Plant (ONSWTP) Electrical Distribution Improvements (Capital Improvement Program) Project No: E15160 2 AB/CJ Legistar No.: 18-1241 Rev. 0 – 9/21/18 This contract will provide required electrical engineering, instrumentation and programming support services for the City’s Water Department on a task order basis. The following are examples of the potential tasking contemplated under this contract: Perform field condition assessments of existing electrical, electronic, and instrumentation systems and report findings in Preliminary Engineering Reports Perform engineering analyses and recommendations for power supply redundancy Develop a system-wide Electrical Power System Coordination model Perform engineering analysis and recommendations for the design, equipment specifications, and configuration settings to integrate the electrical protection relays with the monitoring network, diagnostics and remote management capability Participate in planning and coordination workshops with City staff, other engineering firms, utility providers, and key agencies Prepare detailed cost estimates and documentation for required improvements Participate in pre-bid meetings, bid evaluations, and assist with vendor and equipment qualifications, evaluations, and selections Provide project management, construction administration, construction observation and quality assurance support to ONSWTP staff as needed Prepare as-built documentation to City standards, perform warranty inspections, and oversee warranty repairs as needed Manage and update electrical and instrumentation engineering documentation and provide AutoCAD drafting services as needed Assist ONSWTP staff with troubleshooting electrical and instrumentation system issues Bath Engineering was selected for this project under the RFQ 2018-01. ALTERNATIVES: 1.Authorize execution of the Master Services Agreement. (Recommended) 2.Do not authorize execution of the Master Services Agreement. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Project No: E15160 3 AB/CJ Legistar No.: 18-1241 Rev. 0 – 9/21/18 FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 500,000 4,000,000 4,500,000 Encumbered Expended Amount This item 300,000 500,000 800,000 Future Anticipated Expenditures This Project 76,000 152,000 228,000 *BALANCE 124,000 3,348,000 3,472,000 Fund(s): Water CIP *Balance will be used for repairs to system. RECOMMENDATION: City Staff recommends approval of an MSA with Bath Engineering for a 1-year base contract with two (2) optional 1-year extensions that will be administratively authorized, subject to the availability of funds and satisfactory consultant performance. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Agreement PROJECT FUNDS AVAILABLE: Current Water Revenue Bonds…………………………………………………………………………………………………….500,000 Future Water Revenue Bonds………………………………………………………………………………4,000,000 TOTAL FUNDS AVAILABLE ..4,500,000$ FUNDS REQUIRED: Construction Fees:…………………….…………………………………………………………………………………….TBD Construction (TBD)………………………………………………………………..………………………………..TBD Contingency (10%)……………...……………………………………………………………………………………………………………………….TBD Construction Inspection and Testing Fees:………………………………….……………………………………………………TBD Construction Inspection…………………………………………..……………………………………………TBD Testing Services (Geotech and Construction Materials)...………………..……………………………………………………………………………….TBD Design Fees:……………………………………………………………...………………………………………………..800,000 Engineer (Bath Engineering) THIS ITEM-Year One Only . 300,000 *Engineer (Bath Engineering) Year 2 & 3 administrative renewals….……………………………………………………………………………………………………500,000 Reimbursements:…………………………………………………………………………………………………………...…………..228,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)……………………………………………………………………………….90,000 Engineering Services (Project Mgt)………………………………………………………………………………..135,000 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..3,000 TOTAL 1,028,000$ **ESTIMATED PROJECT BUDGET BALANCE 3,472,000$ **Balance will be used for repairs to electrical system. *Optional 1-year extensions will be administratively authorized, subject to the availability of funds and satisfactory consultant performance. O.N. Stevens Water Treatment Plant PROJECT BUDGET ESTIMATE (Capital Improvement Program) Electrical Distribution Improvements LOCATION MAP NOT TO SCALE O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS MASTER SERVICES AGREEMENT � N NUECES BAY SCALE: N.T.S. Project: E15160 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES --- -- - Council Presentation October 16, 2018 O.N. Stevens Water Treatment Plant Electrical Distribution Improvements 1 2 Project Location 3 Project Scope This MSA provides technical support to City Staff to address electrical infrastructure upgrades at water treatment plant and distribution system as follows: Engineering and design phase technical support Electrical power systems Instrumentation and controls systems Construction phase technical support Electrical power systems Instrumentation and controls systems Operations and Maintenance Electrical power systems Instrumentation and controls systems 4 Project Schedule Projected schedule reflects City Council award of MSA in October 2018 2018 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 2019 2020 Engineering Design and Technical Support 2021 5 Questions? Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT E15160 - O.N. STEVENS (ONS) WATER TREATMENT PLANT (WTP) ELECTRICAL DISTRIBUTION IMPROVEMENTS 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 Bath Engineering, 5656 S. Staples Street, Suite 110, Corpus Christi, Nueces County, Texas 78411, (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PROJECT TASK ORDER ..................................................................................... 2 COMPENSATION ................................................................................................. 3 QUALITY CONTROL PLAN ................................................................................. 4 INSURANCE REQUIREMENTS ........................................................................... 4 INDEMNIFICATION .............................................................................................. 4 TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 TERMINATION OF AGREEMENT ....................................................................... 5 RIGHT OF REVIEW AND AUDIT ......................................................................... 6 OWNER REMEDIES ............................................................................................ 6 CONSULTANT REMEDIES .................................................................................. 7 CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 MISCELLANEOUS PROVISIONS ........................................................................ 9 ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII EXHIBITS PAGE Page 2 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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. 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 effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. 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. 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. Changes in Consultant’s team that provides services under this Agreement 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 an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Page 3 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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 $300,000.00. 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. 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 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, attached as 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: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $300,000.00 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 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. 2.8 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. Page 4 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 2.9 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. 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 standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, 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, 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. Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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. 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 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 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 Page 6 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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. Consultant shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 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. Upon reasonable prior notice, 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: Page 7 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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. 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 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 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. 9.4 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. 9.5 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. Page 8 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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 (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 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 filing 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. Page 9 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX 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. ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 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 routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant 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 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 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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 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. Page 11 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS\BATH ENGINEERING CONTRACT\E15160 BATH ENGINEERING MSA.DOCX APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney ATTEST _______________________________ Rebecca Huerta, City Secretary Fund Name Accounting Unit Account No. Activity No. Amount Total Water 2019 Rev Bd 4098-041 550950 E15160-01-4098-EXP $300,000.00 $300,000.00 Task Order No. X 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 “Company Name” (Consultant) dated _________________, 2018 (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. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI BATH ENGINEERING ________________________________ ________________________________ J.H. Edmonds, P. E. (Date) William B. Stark, P.E. (Date) Director of Engineering Services Principal Engineer and President 5656 S. Staples St. Suite 110 Corpus Christi, TX 78411 (361) 992-2284 Office bstark@bathgroup.com RECOMMENDED _______________________________________ Operating Department (Date) EXHIBIT B CONSULTANT PROPOSAL Scope of Professional Services E15160 – ONSWTP Electrical Distribution Improvements This proposal for the Master Services Agreement (MSA) is a response to CIP Project No. E15160– O.N. Stevens Water Treatment Plant (ONSWTP) Electrical Distribution Improvements. It provides a representative scope of professional services which will be used to develop specific Task Authorizations. This MSA allows the Engineer to assist the City Staff in addressing ongoing and impending electrical infrastructure changes at existing water treatment and distribution facilities. Typical improvements include, but not limited to repair, upgrade, rehabilitation, and new construction of electrical substations, electrical distribution, instrumentation, control, and electromechanical systems throughout the facility. Engineer’s tasks include but not limited to: Electrical Engineering Services: •Project Management •Electrical Equipment Specification and Design •Preparing detailed cost estimates and construction documents for electrical, improvements. •Instrumentation Specification and Selection. •Electrical Power System Coordination and Modeling (SKM) •Arc Flash Studies and Arc Flash reduction projects. •National Electrical Code (NEC) consultant. •Replacement of Protective Relays. •Design and Installation of Protective Relay SCADA (real-time monitoring and diagnostic network). •Design of redundant power feed system for improved resilience and reliability. Instrumentation and Controls Engineering Services •Project Management •Process Control Equipment Specification and Designs •Preparing detailed cost estimates and construction documents for instrumentation, and controls improvements. •Instrumentation Specification and Selection •Design of control systems for improved resilience and reliability. Electrical, Instrument and Control, Systems Construction Support Services •Contractor Evaluation and Oversight. •Conducting pre-bid meetings, evaluating bid results, procurement quotes, and making formal recommendations for award. •Construction observation and quality control. •Conducting warranty phase inspections and prepare recommendations in reports •Providing construction administration and technical support Other Electrical Engineering Support Services: •Root Cause Analysis and Troubleshooting. •Gathering, organizing, and updating electrical and process control documentation. •AutoCAD drafting and document updating. •Assistance with Management of Change Process (MOC). •Project Management. •Evaluating conditions of existing infrastructure and facilities, Condition Assessment. •Conducting field investigations, assessments, and meeting with plant staff to prepare Preliminary Engineering Letter Reports detailing proposed improvements as related to electrical, instrumentation and controls systems. •Assessing impact of improvements on current operating strategies, on treatment process, on maintenance, and on operating costs. EXHIBIT B Page 1 of 2 • Participating in workshops with third-party design engineers and contractors to coordinate improvements with ongoing work • Conduct design review workshops. • Preparing and submit to city final As-Built drawings • HVAC Engineering and Design Services. • Work / Business Process Mapping and Consulting Services. The engineer shall not perform any task or incur project cost without an approved Task Authorization. Task Authorization proposals shall be developed by the Engineer at the request of the City on as-needed basis. These task authorizations may vary considerably in size and scope. The Engineer will be responsible for preparing a detailed scope and anticipated fee estimate for each Task Authorization. All services under this MSA will be defined in Task Authorizations. Each Task Authorization will be negotiated individually on a Time and Materials (T&M) or lump sum. Time and Material work shall be invoiced based on attached rate schedule. See Exhibit B-1 for Rate Schedule. This project is intended to be a base 1-yr contract of $300,000 with two (2) optional 1-yr renewals of $250,000. All Task Authorization and renewals will be issued administratively, subject to satisfactory consultant performance and availability of funds. SCHEDULE The project is a base contract with two optional renewals, as needed and authorized at the City’s discretion. All Task Authorizations will include an independent implementation schedule. FEES Services will be provided on a T&M or a lump sum basis, which will be associated with specific Task Authorizations. Negotiated fees will be authorized through each task authorization detailing an associated scope of work and schedule. For services provided on a T&M basis, monthly invoices will be provided by the Engineer based on actual working hours at agreed upon hourly rates (see Exhibit B-1) and associated expenses. The Director of Engineering Services, or his designee, is responsible for approving Task Authorizations to the Engineer and approving invoiced hours. The Engineer is required to submit a detailed and approved man-hour breakdown with monthly invoices to Engineering Services for payment. For services provided on a lump sum basis, monthly invoices will be provided by the Engineer based on percent completion of the agreed up on services. The Director of Engineering Services, or his designee, is responsible for approving task authorizations and approving percent completion based on the anticipated fee and project schedule. The Engineer is required to submit monthly invoices to Engineering Services for payment. Sincerely, _____________________ Date 09-14-2018 William B. Stark, P.E. Principal Engineer and President EXHIBIT B Page 2 of 2 Exhibit B-1 Confidential Rate Sheet Page 1 of 1 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 Consultant 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. Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). -0m x co D- m 0 O Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT D Insurance Requirements 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 extended reporting period provisions EXHIBIT D Page 1 of 3 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 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 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 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 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; 1.6.4 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 EXHIBIT D Page 2 of 3 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 3 of 3 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, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings 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. 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; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 2 of 22 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. §§5101 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. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 3 of 22 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 15. 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 17.12 or 17.13. 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, Registered Architects or Registered Landscape 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. 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 4 of 22 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 Project 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. 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. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 5 of 22 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; 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, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 6 of 22 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 cost 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. 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 7 of 22 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 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 8 of 22 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 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 9 of 22 5.05 Underground Facilities 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 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 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 11 of 22 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 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 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 Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 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 16.04, 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. 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT F Page 22 of 22 Project No.:E11217/E11219 1 SW/LH Legistar No.:18-1242 Rev. 1 – 09/21/18 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 DATE:September 19, 2018 TO:Keith Selman, Interim 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:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations andyl@cctexas.com (361) 826-1957 CAPTION: Motion to authorize execution of a construction contract with Winters Construction, Inc., of San Antonio, Texas in the amount of $ 2,001,890.68 for the Base Bid plus Alternates No. 1 and 2 for the North Beach Area Road Improvements and Area Beautification, and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement projects. PURPOSE: This construction project will restore pavement on Shoreline Boulevard between Pearl Street and Coastal Avenue and provide improvements for sidewalks, ADA ramps, area illumination, parking, underground utilities and repair of Breakwater concrete cap. BACKGROUND AND FINDINGS: The southern end of North Beach is a key tourist destination with many pedestrian visitors to local attractions and restaurants. Shoreline Boulevard pavement is in poor condition with inadequate pedestrian facilities and area illumination. Two Bond 2012 street projects were combined to minimize disruptions to the area and maximize construction competition. Construction Contract North Beach Area Road Improvements and Area Beautification, and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012, Proposition 8) Project No.:E11217/E11219 2 SW/LH Legistar No.:18-1242 Rev. 1 – 09/21/18 The project was bid as a Base Bid with two Parts and two Additive Alternatives summarized below: Base Bid: Part 1 – North Beach Area Road Improvements and Area Beautification: Pavement restoration North Shoreline Boulevard (Pearl Street to Coastal Avenue) New crosswalk markings on Surfside Boulevard at intersections of Coastal Avenue and Elm Street Cleaning existing storm water pipes, manholes, and curb inlets on Breakwater Avenue and Coastal Avenue Cleaning existing wastewater pipes and manholes on Breakwater Avenue and Coastal Avenue Part 2 – North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement: New curb and gutter, sidewalks, ADA ramps, markings, signage, seating, on-street parking enhancements and illumination improvements on North Shoreline Boulevard (Pearl Street to Coastal Avenue) New paved surface for the Breakwater Plaza between Shoreline Blvd and Breakwater structure with re-designation of the plaza as a pedestrian area only Cleaning existing storm water pipes, manholes and curb inlets on North Shoreline Boulevard Minor upgrades / adjustments for underground storm water utility on North Shoreline Boulevard ALTERNATE 1: Provides repairs to Breakwater concrete cap. ALTERNATE 2: Provides replacement of wastewater and water infrastructure on North Shoreline Boulevard. On September 12, 2018 the City received proposals from three (3) bidders. A summary of the bids is provided below. CONTRACTOR BASE BID (Parts 1 & 2) ADD. ALT. NO.1 ADD. ALT. NO.2 TOTAL BID Winters Construction, Inc. San Antonio, Texas 1,156,614.33$ $ 136,030.19 $ 709,246.16 $ 2,001,890.68 Grace Paving and Construction, Inc. Corpus Christi, Texas 1,202,386.53 147,812.16 779,741.30 2,129,939.99 CPC Interests, LLC Dba Clark Pipeline Services Corpus Christi, Texas 1,768,664.49 326,860.20 804,240.60 2,899,765.29 Engineer’s Opinion of Probable Cost $1,268,000.00 $ 255,000.00 $ 558,299.00 $ 2,081,299.00 BID SUMMARY Project No.:E11217/E11219 3 SW/LH Legistar No.:18-1242 Rev. 1 – 09/21/18 ALTERNATIVES: 1.Authorize execution of a construction contract. (Recommended) 2.Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA Engineering, Inc., was selected for this project under RFQ 2016-06. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 350,000 2,581,124.00 2,931,124.00 Encumbered / Expended Amount 350,000 This item 2,001,890.68 2,001,890.68 Future Anticipated Expenditures This Project 789,502.06 789,502.06 BALANCE 0 139,731.16 139,731.26 Fund(s): Bond 2012 Proposition 8, Utilities RECOMMENDATION: City staff and the design engineer, LJA Engineering, Inc., recommend award of the construction contract to Winters Construction, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation FUNDS AVAILABLE: Street Bond 2012 Proposition 8…………………………………………………………...…...…………………………………………………...1,600,000.00 Donations………………………………………………...……………………………………………………………………………..50,000.00 Utilities CIP……………………………………………………………………………..………………………………………………….1,281,124.00 Storm Water CIP………………………………………………...…………………...………………………………439,595.00 Wastewater…………………………………………………………...…………………………………………..328,435.00 Water…………………………………………………………….………………………………………………..513,094.00 TOTAL 2,931,124.00 FUNDS REQUIRED: Construction and Contingency Fees:……………………………………………………………………………………………………….2,202,079.75 Construction (Winters Construction, Inc.) THIS ITEM .. ..2,001,890.68 Streets……………………………………………………………..……………………………………..1,076,781.17 Utilities…………………………………………………………………………………………………………925,109.51 Water…………………………………………………………………………………..383,198.97 Wastewater…………………………………………………………………………………..222,625.90 Storm Water…………………………………………………………………………………..319,284.64 Contingency (10%)……………...……………………………………………………………………………………………………………………….200,189.07 Construction Inspection & Testing:…………………………………………….………………………………………………………132,470.00 Construction Inspection - (Estimate)……………………………………….…………………………………………87,900.00 Construction Phase - Materials Testing Services…………………..………………..……………...………………44,570.00 Design and Geotechnical Testing……………………………………………………………………………………………………..308,343.09 Preliminary Design (LJA, Inc)……………...…………………...……………………………………………………..48,960.00 Enginering Design (LJA, Inc)……………………………………………………………………………………….251,883.09 Streets……………………………………………………………..……………………………………..62,971.00 Utilities…………………………………………………………………………………………………………188,912.09 Water…………………………………………………………………………………..62,970.00 Wastewater…………………………………………………………………………………..62,970.09 Storm Water…………………………………………………………………………………..62,972.00 Design Phase - Geotechnical Testing……………………………………………………………………………………..7,500.00 Reimbursements and Miscellaneous………………………...………..……………………………………………………………….148,500.00 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) ……………………………………………………………………………….58,600.00 Engineering Services (Project Mgt/Constr Mgt)………………………………………………………………………………..87,900.00 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..2,000.00 TOTAL 2,791,392.84 ESTIMATED PROJECT BUDGET BALANCE 139,731.16 PROJECT BUDGET ESTIMATE North Beach Area Road Improvements and Area Beautification - E12127 BOND 2012 - Proposition 8 North Beach Pedestrian Improvements and Area Enhancements - E12129 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES North Beach Area Road Improvements and Area Beautification, and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012, Proposition 8) LOCATION MAP NOT TO SCALE Project Location Project Number: E12127 E12129 Council Presentation October 16, 2018 North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012, Proposition 8) 1 2 Project Location 3 Project Vicinity 4 Project Scope Two North Beach Bond 2012 projects combined to minimize disruptions to this key tourist destination and maximize construction competition. This construction contract includes a Base Bid and two Additive Alternates. Base Bid, Part 1: •Pavement restoration N. Shoreline Blvd (Pearl St to Coastal Ave) •Crosswalk markings on Surfside Blvd at Coastal Ave and Elm St •Cleaning existing storm water and wastewater pipes, manholes, and inlets on Breakwater Ave and Coastal Ave 5 Project Scope (cont.) Base Bid, Part 2: •New curb and gutter, sidewalks, ADA ramps, markings, signage, seating,on-street parking enhancements,and illumination improvements on N. Shoreline Blvd (Pearl St to Coastal Ave) •Paved surface for Breakwater Plaza between N. Shoreline Blvd and Breakwater structure; plaza re-designated as pedestrian area only •Cleaning existing storm water pipes, manholes, and inlets, and minor upgrades/adjustments for storm water on N. Shoreline Blvd Additive Alternate 1: •Repair Breakwater concrete cap Additive Alternate 2: •Replace wastewater and water infrastructure on N. Shoreline Blvd 6 Project Schedule Estimated Construction: 150 Calendar Days = 5 months Projected Schedule reflects City Council award in October 2018 with anticipated completion in April 2019. A S O N D J F M A Bid/ Award Construction 20192018 7 Questions? LJ� 820 Buffalo Street. Corpus Christi. Texas 78401 LJA ENGINEERING t 361.887.8851 f 361.887.8855 LJA.com TBPE F-1386 TBPLS 10016600 September 21, 2018 City of Corpus Christi Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. JH Edmonds, PE Director of Engineering Services Re: North Beach Area Road & Area Beautification ReBid Part 1 and North Beach Breakwater Plaza North Shoreline Repair & Enhancement ReBid Part 2 (Bond 2012) Project No's. E12127/E12129 RECOMMENDATION OF AWARD LJA Project No. C007-16005/16006 Dear Mr. Edmonds: We have reviewed the three (3) bids received on September 12, 2018 for the North Beach Area Road & Area Beautification ReBid Part 1 (City Project No. E12127) and North Beach Breakwater Plaza North Shoreline Repair & Enhancement ReBid Part 2 (City Project No. E12129) (Bond 2012) ("Project"). These two projects were bid together and will be constructed as one. City Project No. E12127 (Part 1) includes striping improvements at Surfside Boulevard and Elm Street and at Surfside Boulevard and Coastal Avenue and the pavement reclamation of N. Shoreline Boulevard between Pearl Avenue and Coastal Avenue. Utility improvements include the cleaning of drainage and wastewater infrastructure and required adjustments. City Project No. E12129 (Part 2) includes the installation of pedestrian and parking improvements along N. Shoreline Boulevard between Pearl Street and Coastal Avenue. These improvements include existing curb and gutter modifications, new sidewalks and curb ramps, new pavement markings, new lighting, drainage improvements, and cleaning of existing drainage and wastewater infrastructure. City Project No. E12129 also includes pedestrian improvements to Breakwater Plaza, as the Plaza will no longer be intended for vehicular access. Additive Alternate No. 1 (Project No. E12127) includes repairs to the concrete cap along the breakwater structure. Additive Alternate No. 2 (Project No. E12129) includes water distribution system improvements and wastewater collection system improvements. The waterline improvements consist of the installation of 1,011 linear feet of 8 -inch C900 DR18 FPVC waterline by pipe bursting, 20 linear feet of 8" ductile iron pipe waterline and 41 linear feet of 8" C-900 DR18 PVC waterline, all complete with all fittings, joints, bends, service connections and all related appurtenances. The wastewater improvements include installation of 762 linear feet of 8 -inch SDR17 HDPE wastewater line by pipe bursting and 351 linear feet of 8" SDR 11 HDPE wastewater line by pipe bursting complete with new FRP 4 -feet diameter wastewater manholes, manhole adjustments and reconnecting service. Pre CCTV cleaning and televising of 1,764 linear feet 8 -inches in diameter and Post CCTV televising of 1,114 linear feet of wastewater lines <_ 8 -inches in diameter is required. Mr. JH Edmonds, PE September 21, 2018 Page 2 of 3 The bidders were Winters Construction, Inc. ("Winters"), Grace Paving & Construction, Inc. ("Grace"), and CPC Interests, LLC, DBA Clark Pipeline Services ("CPC"). The three (3) bids were deemed complete and responsive. The three (3) bids have been evaluated and a Bid Tabulation (attached) has been prepared. The bids from Winters, Grace, and CPC contained minor math errors. The math errors did not change the relative bid status. In addition to the Bid Proposal, winters has submitted documentation supporting the requirements of Section 00 45 16 Statement of Experience (attached). We have reviewed the Winters Statement of Experience and found it to be complete. LJA has also reviewed the Statement of Experience by Grace and CPC and found it to be complete. All three responsive bidders have significant construction experience in the type of work proposed by this project. Winters is a San Antonio, Texas based organization that has completed infrastructure projects in the San Antonio, Austin, Houston, and Bear County areas. Coastal Bend area clients include the City of Ingleside and the Coastal bend Bays & Estuaries Program, Inc. Subcontractors to be used by Winters include Horseshoe Construction, Inc. (Pipe Bursting, Utility Connections & Testing) and National Works, Inc. (Pipe Televising, Pipe Cleaning, Manhole Cleaning and Rehabilitation). The bid was composed of the following combinations: Base Bid, Base Bid + Alternate Bid No. 1 or Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2. The bids were evaluated based on the availability of funds and on the following three (3) bid combinations. 1. Total Base Bid or 2. Total Base Bid + Alternate Bid No. 1 or 3. Total Base Bid + Alternate Bid No. 1 +Alternate Bid No. 2 After review and evaluation of the bids, the City has directed that the contract be awarded on the basis of Total Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2. The contract documents stipulate that the project shall be substantially complete within 120 days from the Notice to Proceed and establishes the liquidated damages amount of $400 for each day that expires after the substantial completion time. After review of the bid proposals and requisite additional documentation, LJA acknowledges that Winters Construction, Inc. is the lowest bidder on the Project and meets the requirements for award of the Project. Winters Construction, Inc. submitted a Base Bid in the amount of $1,156,614.33 an Additive Alternate Bid No. 1 of $136,030.19 and an Additive Alternate Bid No. 2 of $709,246.16 for a total of Base Bid + Additive Alternate Bid No. 1 + Additive Alternate Bid No. 2 of $2,001,890.68. Based on the staff's confirmation that the budget is sufficient, LJA recommends that the City award the Project to Winters Construction, Inc. for the following amount: Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2 $2,001,890.68 Mr. JH Edmonds, PE September 21, 2018 Page 3 of 3 If you have any questions, or require any additional information, please contact our office at 361.991.8550 or via email vgutierrez@lja.com. Very /rulyyours, to 2t, Victor M. Gutierre Vice President cc: Sarah West, PE, Project Manager, City of Corpus Christi Attachments: - Bid Tabulation - Bid Proposal from Each Contractor (3 Total) - Section 00 45 16 Statement of Experience Documentation from Winters Construction, Inc. LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 1 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 Mobilization (Max. 5% of Project Total)LS 1 59,379.54$ 59,379.54$ 100,000.00$ 100,000.00$ 83,850.00$ 83,850.00$ A2 Bonds & Insurance LS 1 41,706.98$ 41,706.98$ 19,680.00$ 19,680.00$ 38,700.00$ 38,700.00$ A3 Storm Water Pollution Prevention Plan LS 1 7,745.58$ 7,745.58$ 6,150.00$ 6,150.00$ 16,125.00$ 16,125.00$ A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, etc.)MO 4 2,383.26$ 9,533.04$ 922.50$ 3,690.00$ 2,341.35$ 9,365.40$ A5 Traffic Control Plan and Prep EA 1 5,958.14$ 5,958.14$ 2,700.00$ 2,700.00$ 6,450.00$ 6,450.00$ A6 Traffic Control Mobilization/Adjustments EA 1 17,874.42$ 17,874.42$ 3,075.00$ 3,075.00$ 3,225.00$ 3,225.00$ A7 Ozone Action Day DAYS 5 1,912.56$ 9,562.80$ 246.00$ 1,230.00$ 193.50$ 967.50$ 151,760.50$ 136,525.00$ 158,682.90$ B1 Street Excavation SY 477 21.84$ 10,417.68$ 16.76$ 7,994.52$ 10.97$ 5,232.69$ B2 Remove Existing HMAC SY 1,308.0 8.34$ 10,908.72$ 7.15$ 9,352.20$ 12.90$ 16,873.20$ B3 Remove Curb and Gutter SY 6,256 9.53$ 59,619.68$ 19.46$ 121,741.76$ 24.51$ 153,334.56$ B4 Remove Concrete Header Curb GAL 1,174 7.15$ 8,394.10$ 5.68$ 6,668.32$ 4.62$ 5,423.88$ B5 Remove Concrete Pavement SY 5,870 17.87$ 104,896.90$ 20.27$ 118,984.90$ 27.09$ 159,018.30$ B6 Remove Concrete Driveway LF 22 17.87$ 393.14$ 16.35$ 359.70$ 19.35$ 425.70$ B7 Remove Asphalt LF 170 17.87$ 3,037.90$ 18.45$ 3,136.50$ 19.35$ 3,289.50$ B8 Street Allowance (MANDATORY)LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 222,668.12$ 293,237.90$ 368,597.83$ C1 Clean out Existing Curb Inlet EA 3 995.54$ 2,986.62$ 369.00$ 1,107.00$ 806.25$ 2,418.75$ C2 Clean Out Existing Manhole EA 4 1,493.32$ 5,973.28$ 492.00$ 1,968.00$ 1,451.25$ 5,805.00$ C3 Clean Out Existing 15" RCP LF 377 10.53$ 3,969.81$ 15.99$ 6,028.23$ 32.54$ 12,267.58$ C4 Clean Out Existing 18" RCP LF 35 11.74$ 410.90$ 24.60$ 861.00$ 36.12$ 1,264.20$ C5 Clean Out Existing 24" RCP LF 334 13.17$ 4,398.78$ 18.45$ 6,162.30$ 40.73$ 13,603.82$ 17,739.39$ 16,126.53$ 35,359.35$ D1 Clean and CCTV Existing 8" Wastewater Line LF 621 2.78$ 1,726.38$ 13.53$ 8,402.13$ 12.71$ 7,892.91$ D2 Clean Existing Wastewater Manhole LF 4 1,579.80$ 6,319.20$ 922.50$ 3,690.00$ 806.25$ 3,225.00$ 8,045.58$ 12,092.13$ 11,117.91$ TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS BASE BID (PARTS 1 & 2) PART B - STREET IMPROVEMENTS PART C - DRAINAGE IMPROVEMENTS SUBTOTAL PART B - STREET IMPROVEMENTS (Items B1 thru B8) PART D - UTILITY ADJUSTMENTS AND CLEANING Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. SUBTOTAL PART A - GENERAL (Items A1 thru A7) SUBTOTAL PART 1C - RTA IMPROVEMENTS (Item 1C1 thru 1C2) SUBTOTAL PART D - UTILITY ADJUSTMENTS AND CLEANING (Items D1 thru D2) City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) PART 1 - PROJECT NO. E12127 NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 2 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 E1 Remove Existing HMAC SY 555 8.35$ 4,634.25$ 5.76$ 3,196.80$ 12.90$ 7,159.50$ E2 Remove Concrete Driveway SF 960 10.62$ 10,195.20$ 2.79$ 2,678.40$ 16.13$ 15,484.80$ E3 Remove Parking Meter Post EA 35 139.26$ 4,874.10$ 68.53$ 2,398.55$ 1,075.00$ 37,625.00$ E4 Adjust Gas Valve Box EA 1 168.84$ 168.84$ 897.90$ 897.90$ 954.60$ 954.60$ E5 Concrete Driveway SF 3,207 11.92$ 38,227.44$ 7.07$ 22,673.49$ 12.26$ 39,317.82$ E6 Stamped & Stained Concrete Crosswalk SF 769 29.79$ 22,908.51$ 13.78$ 10,596.82$ 14.62$ 11,242.78$ E7 Reflective Pavement Markings TY.1 (W) (24") (SLD) (100 mil) - Stop Bar LF 12 17.87$ 214.44$ 18.75$ 225.00$ 19.35$ 232.20$ E8 Reflective Pavement Markings TY.1 (W) (12") (SLD) (100 mil) - Crosswalk LF 191 8.94$ 1,707.54$ 9.22$ 1,761.02$ 9.68$ 1,848.88$ E9 Reflective Pavement Markings TY.1 (W) (24") (SLD) (100 mil) - Crosswalk LF 69 17.87$ 1,233.03$ 18.45$ 1,273.05$ 19.35$ 1,335.15$ E10 Fire Lane Striping (Red)LF 1,128 1.49$ 1,680.72$ 1.04$ 1,173.12$ 1.10$ 1,240.80$ E11 Reflective Pavement Markings TY.1 (Y) (4") (SLD) (100 mil)LF 2,705 1.19$ 3,218.95$ 0.73$ 1,974.65$ 0.77$ 2,082.85$ E12 Reflective Pavement Markings TY.1 (W) (4") (BRN) (100 mil)LF 210 1.19$ 249.90$ 0.61$ 128.10$ 0.65$ 136.50$ E13 Reflective Pavement Markings TY.1 (W) (8") 9SLD) (100 mil)LF 49 2.38$ 116.62$ 1.23$ 60.27$ 1.29$ 63.21$ E14 Prefabricated Pavement Markings TY.1 (W) (Arrow) (100 mil)EA 2 357.49$ 714.98$ 246.00$ 492.00$ 2.58$ 5.16$ E15 Prefabricated Pavement Markings TY.1 (W) (Arrow) (100 mil)EA 2 714.98$ 1,429.96$ 461.25$ 922.50$ 483.75$ 967.50$ E16 Accessible Space Marking EA 11 297.91$ 3,277.01$ 184.50$ 2,029.50$ 193.50$ 2,128.50$ E17 Raised Reflective Pavement Markings (TY.1-C) White EA 14 9.53$ 133.42$ 9.84$ 137.76$ 10.32$ 144.48$ E18 Raised Reflective Pavement Markings (TY.II-B-B) Blue EA 4 9.53$ 38.12$ 9.84$ 39.36$ 10.32$ 41.28$ E19 Combo Stop Sign (R1-1)/Street Name Sign (Including Metal Pole and Foundation)EA 1 893.72$ 893.72$ 922.50$ 922.50$ 967.50$ 967.50$ E20 Combo Do Not Enter (R5-1)/Street Name Sign (including Metal Pole and Foundation)EA 1 774.56$ 774.56$ 799.50$ 799.50$ 838.50$ 838.50$ E21 No Parking Sign (R7-1) (Including Metal Pole and Foundation)EA 1 566.02$ 566.02$ 584.25$ 584.25$ 612.75$ 612.75$ E22 One Way (R6-2R) (Including Metal Pole and Foundation)EA 1 566.02$ 566.02$ 584.25$ 584.25$ 612.75$ 612.75$ E23 One Way (R6-2L) (Including Metal Pole and Foundation)EA 2 566.03$ 1,132.06$ 584.25$ 1,168.50$ 612.75$ 1,225.50$ E24 Pedestrian Crossing (W11-2) (Including Metal Pole and Foundation)EA 4 566.02$ 2,264.08$ 584.25$ 2,337.00$ 612.75$ 2,451.00$ E25 Combo Reserved Parking/Vehicle Permit Fine/Van Accessible Placard (Including Metal Pole and Foundation)EA 5 536.23$ 2,681.15$ 553.50$ 2,767.50$ 580.50$ 2,902.50$ E26 Combo Reserved Parking/Vehicle Permit Fine (Including Metal Pole and Foundation)EA 6 536.23$ 3,217.38$ 553.50$ 3,321.00$ 580.50$ 3,483.00$ E27 2" Sch. 40 Parking Meter Post (36" Tall)EA 42 297.91$ 12,512.22$ 111.29$ 4,674.18$ 43.61$ 1,831.62$ E28 Inlet Protection EA 14 125.99$ 1,763.86$ 43.93$ 615.02$ 387.00$ 5,418.00$ E29 Silt Fence LF 65 6.75$ 438.75$ 5.30$ 344.50$ 5.16$ 335.40$ E30 Revegetation (Hydromulch)SY 592 5.96$ 3,528.32$ 3.91$ 2,314.72$ 1.29$ 763.68$ E31 Precast Concrete Bench Seating EA 20 1,300.00$ 26,000.00$ 1,107.00$ 22,140.00$ 3,870.00$ 77,400.00$ E32 6" Reinforced Concrete Slab SF 557 14.30$ 7,965.10$ 8.88$ 4,946.16$ 14.84$ 8,265.88$ E33 Street Allowance (MANDATORY)LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ PART E - STREET IMPROVEMENTS PART 2 - PROJECT NO. E12129 LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 3 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 184,326.27$ 125,177.37$ 254,119.09$ F1 Remove Existing Concrete Sidewalk and Ramps SF 6,039 10.23$ 61,778.97$ 2.24$ 13,527.36$ 6.45$ 38,951.55$ F2 Concrete Sidewalk SF 20,878 5.96$ 124,432.88$ 5.57$ 116,290.46$ 11.61$ 242,393.58$ F3 Sidewalk Ramp SF 930 14.30$ 13,299.00$ 15.31$ 14,238.30$ 20.64$ 19,195.20$ F4 6" Concrete Bollard EA 4 464.25$ 1,857.00$ 650.00$ 2,600.00$ 677.25$ 2,709.00$ 201,367.85$ 146,656.12$ 303,249.33$ G1 Remove Curb nd Gutter LF 1,029 11.54$ 11,874.66$ 12.82$ 13,191.78$ 32.25$ 33,185.25$ G2 Remove Existing 5' Curb Inlet EA 4 1,205.24$ 4,820.96$ 461.25$ 1,845.00$ 1,161.00$ 4,644.00$ G3 Remove Existing Grate Inlet EA 1 590.72$ 590.72$ 2,093.75$ 2,093.75$ 1,290.00$ 1,290.00$ G4 Remove Existing Type 'A' Manhole EA 2 1,252.91$ 2,505.82$ 1,199.25$ 2,398.50$ 3,870.00$ 7,740.00$ G5 Remove Existing Junction Box EA 2 1,157.58$ 2,315.16$ 1,076.25$ 2,152.50$ 5,160.00$ 10,320.00$ G6 Remove Existing Concrete Flume LF 20 84.55$ 1,691.00$ 2.15$ 43.00$ 90.30$ 1,806.00$ G7 Remove Existing 6" PVC LF 12 20.97$ 251.64$ 2.56$ 30.72$ 45.15$ 541.80$ G8 Remove Existing 15" RCP LF 366 23.66$ 8,659.56$ 43.05$ 15,756.30$ 38.10$ 13,944.60$ G9 Cut, Cap, Grout and Abandon-In-Place Existing 15" RCP LF 23 74.33$ 1,709.59$ 61.50$ 1,414.50$ 89.10$ 2,049.30$ G10 Clean Out Existing 5' Curb Inlet EA 3 2,488.87$ 7,466.61$ 553.50$ 1,660.50$ 483.75$ 1,451.25$ G11 Clean out Existing Manhole EA 7 1,493.32$ 10,453.24$ 615.00$ 4,305.00$ 806.25$ 5,643.75$ G12 Clean Out Existing 12" RCP LF 155 10.53$ 1,632.15$ 27.06$ 4,194.30$ 35.12$ 5,443.60$ G13 Clean Out Existing 15" RCP LF 113 10.95$ 1,237.35$ 30.75$ 3,474.75$ 36.41$ 4,114.33$ G14 Clean Out Existing 24" RCP LF 63 12.54$ 790.02$ 30.75$ 1,937.25$ 43.86$ 2,763.18$ G15 Clean Out Existing 36" RCP LF 728 17.56$ 12,783.68$ 34.44$ 25,072.32$ 84.71$ 61,668.88$ G16 Clean Out Existing 42" RCP LF 366 35.11$ 12,850.26$ 34.44$ 12,605.04$ 129.00$ 47,214.00$ G17 Clean Out Existing 48" RCP LF 867 43.88$ 38,043.96$ 34.44$ 29,859.48$ 134.81$ 116,880.27$ G18 3" Schedule 40 PVC LF 62 26.65$ 1,652.30$ 20.91$ 1,296.42$ 45.15$ 2,799.30$ G19 3" Schedule 40 PVC Clean Out EA 3 227.39$ 682.17$ 153.75$ 461.25$ 1,612.50$ 4,837.50$ G20 Core Existing 12" Concrete Wall EA 3 595.81$ 1,787.43$ 953.25$ 2,859.75$ 3,225.00$ 9,675.00$ G21 18" RCP, ASTM C-76, Wall B LF 251 88.43$ 22,195.93$ 184.50$ 46,309.50$ 116.19$ 29,163.69$ G22 24" RCP, ASTM C-76, Wall B LF 55 112.25$ 6,173.75$ 227.55$ 12,515.25$ 138.89$ 7,638.95$ G23 Pipe Trench Safety LF 306 4.85$ 1,484.10$ 8.61$ 2,634.66$ 2.58$ 789.48$ G24 5' Diameter Type 'A' Manhole EA 2 4,148.47$ 8,296.94$ 7,380.00$ 14,760.00$ 10,320.00$ 20,640.00$ G25 6' Diameter Type 'A' Manhole EA 2 4,960.28$ 9,920.56$ 7,995.00$ 15,990.00$ 12,900.00$ 25,800.00$ PART F - ADA IMPROVEMENTS SUBTOTAL PART E - STREET IMPROVEMENTS (Items E1 thru E33) SUBTOTAL PART 1F - WATER IMPROVEMENTS (Items 1F1 thru 1F42) PART G - DRAINAGE IMPROVEMENTS LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 4 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 G26 Type 'D' Manhole with Modified Ring and Cover EA 4 6,610.41$ 26,441.64$ 9,225.00$ 36,900.00$ 14,835.00$ 59,340.00$ G27 Manhole Trench Safety EA 8 48.45$ 387.60$ 615.00$ 4,920.00$ 1,032.00$ 8,256.00$ G28 Adjust Manhole Ring and Cover EA 5 944.83$ 4,724.15$ 1,660.50$ 8,302.50$ 1,612.50$ 8,062.50$ G29 5' Curb Inlet with Modified Bottom EA 5 6,610.41$ 33,052.05$ 5,350.50$ 26,752.50$ 3,870.00$ 19,350.00$ G30 Grate Inlet EA 3 1,311.66$ 3,934.98$ 6,765.00$ 20,295.00$ 2,128.50$ 6,385.50$ G31 Std. 6" Curb and Gutter LF 921 29.79$ 27,436.59$ 22.60$ 20,814.60$ 25.37$ 23,365.77$ G32 Std. 6" Reverse Curb and Gutter LF 292 29.79$ 8,698.68$ 23.58$ 6,885.36$ 36.12$ 10,547.04$ G33 Drainage Allowance (MANDATORY)LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 301,545.25$ 368,731.48$ 582,350.94$ H1 Remove and Salvage Existing Fire Hydrant EA 2 906.30$ 1,812.60$ 1,500.00$ 3,000.00$ 683.70$ 1,367.40$ H2 Adjust Water Valve Box EA 5 168.82$ 844.10$ 1,875.00$ 9,375.00$ 452.79$ 2,263.95$ H3 Adjust Existing Water Meter EA 3 507.58$ 1,522.74$ 2,343.75$ 7,031.25$ 1,664.10$ 4,992.30$ H4 Clean and CCTV Existing 8" Wastewater Line LF 39 5.57$ 217.23$ 18.75$ 731.25$ 6.26$ 244.14$ H5 Adjust Wastewater Manhole Ring and Cover EA 2 944.83$ 1,889.66$ 4,062.50$ 8,125.00$ 1,612.50$ 3,225.00$ 6,286.33$ 28,262.50$ 12,092.79$ I1 Conduit (PVC) (SCHD 40) (2")LF 1,052 11.92$ 12,539.84$ 45.00$ 47,340.00$ 18.80$ 19,777.60$ I2 Conduit (PVC) (SCHD 40) (2") (Bore)LF 45 327.70$ 14,746.50$ 65.00$ 2,925.00$ 45.15$ 2,031.75$ I3 Ground Box TY A (1223111) with Apron EA 15 2,372.58$ 35,588.70$ 1,687.50$ 25,312.50$ 1,419.00$ 21,285.00$ 62,875.04$ 75,577.50$ 43,094.35$ J1 Concrete Delivery System LS 1 63,752.09$ 63,752.09$ 56,250.00$ 56,250.00$ 49,020.00$ 49,020.00$ J2 Concrete Crack Repair EA 11 804.52$ 8,849.72$ 2,119.32$ 23,312.52$ 4,644.00$ 51,084.00$ J3 Concrete Cap Repair CY 94 674.77$ 63,428.38$ 726.06$ 68,249.64$ 2,412.30$ 226,756.20$ 136,030.19$ 147,812.16$ 326,860.20$ ADDITIVE NO. 1 - PROJECT NO. E12129 PART H - UTILITY IMPROVEMENTS PART I - LIGHTING IMPROVEMENTS SUBTOTAL PART H - UTILITY ADJUSTMENT (Items H1 thru H5) SUBTOTAL PART I - LIGHTING IMPROVEMENTS (Items I1 thru I3) SUBTOTAL PART PART G - DRAINAGE IMPROVEMENTS (Items G1 thru G33) PART J - BREAKWATER CONCRETE CAP REPAIR SUBTOTAL PART J - BREAKWATER CONCRETE CAP (Items J1 thru J3) LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 5 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 K1 Pre-Construction Exploratory LS 1 5,958.14$ 5,958.14$ 20,295.00$ 20,295.00$ 32,250.00$ 32,250.00$ K2 Install and Remove Silt Fence LF 780 6.75$ 5,265.00$ 3.31$ 2,581.80$ 5.16$ 4,024.80$ K3 Traffic Control LS 1 2,979.07$ 2,979.07$ 5,535.00$ 5,535.00$ 8,152.80$ 8,152.80$ K4 Stormwater Pollution Prevention Plan LS 1 1,787.44$ 1,787.44$ 3,075.00$ 3,075.00$ 10,965.00$ 10,965.00$ K5 Well Pointing For Water Lines LF 61 119.16$ 7,268.76$ 104.55$ 6,377.55$ 83.85$ 5,114.85$ K6 Well Pointing For Pits and Manholes EA 13 2,979.07$ 38,727.91$ 3,382.50$ 43,972.50$ 6,450.00$ 83,850.00$ K7 Cement Stabilized Sand TONS 468 119.16$ 55,766.88$ 45.51$ 21,298.68$ 70.95$ 33,204.60$ 117,753.20$ 103,135.53$ 177,562.05$ L1 Furnish and Install 8" Diam. C900 DR18 PVC Waterline LF 41 70.81$ 2,903.21$ 178.35$ 7,312.35$ 118.81$ 4,871.21$ L2 Furnish and Install 8" Diam. Ductile Iron Pipe Waterline LF 20 79.15$ 1,583.00$ 289.05$ 5,781.00$ 159.96$ 3,199.20$ L3 Furnish and Install 8" Diam. C900 DR18 FPVC Waterline By Pipe Bursting LF 1,011 175.00$ 176,925.00$ 153.75$ 155,441.25$ 196.08$ 198,236.88$ L4 Furnish and Install 8" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting)EA 4 1,725.57$ 6,902.28$ 1,894.20$ 7,576.80$ 1,661.52$ 6,646.08$ L5 Furnish and Install 8" Tapping Sleeve with 8"R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting)EA 1 4,356.09$ 4,356.09$ 6,396.00$ 6,396.00$ 5,153.55$ 5,153.55$ L6 Furnish and Install 8" 45 Deg Bend (MJ with Mega Lug Joint Restraint Fitting)EA 4 536.94$ 2,147.76$ 922.50$ 3,690.00$ 345.72$ 1,382.88$ L7 Furnish and Install 8" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting)EA 1 572.70$ 572.70$ 918.75$ 918.75$ 379.26$ 379.26$ L8 Furnish and Install 8" Tees (MJ with Mega Lug Joint Restraint Fitting)EA 1 775.27$ 775.27$ 861.00$ 861.00$ 503.10$ 503.10$ L9 Furnish and Install 8" x 12" Reducer (MJ with Mega Lug Joint Restraint Fitting)EA 1 754.20$ 754.20$ 1,660.50$ 1,660.50$ 367.65$ 367.65$ L10 Furnish and Install 8" Cap (MJ with Mega Lug Joint Restraint Fitting)EA 1 930.18$ 930.18$ 615.00$ 615.00$ 414.80$ 414.80$ L11 Furnish and Install 8" Bolted Transition Coupling (MJ with Mega Lug Joint Restraint Fitting)EA 3 638.23$ 1,914.69$ 1,660.50$ 4,981.50$ 464.40$ 1,393.20$ L12 Furnish and Install 12" Bolted Transition Coupling (MJ with Mega Lug Joint Restraint Fitting)EA 1 1,328.56$ 1,328.56$ 2,306.25$ 2,306.25$ 619.20$ 619.20$ L13 Remove and Replace 1" to 2" Copper or HDPE Service EA 18 2,340.55$ 42,129.90$ 3,997.50$ 71,955.00$ 1,106.82$ 19,922.76$ L14 Connection to Existing 12" Water Main EA 3 4,905.56$ 14,716.68$ 1,230.00$ 3,690.00$ 2,001.65$ 6,004.95$ L15 Connection to Existing 8" Water Main EA 1 5,786.05$ 5,786.05$ 1,599.00$ 1,599.00$ 2,827.57$ 2,827.57$ L16 Furnish and Install FH Assembly with Lead EA 4 6,626.11$ 26,504.44$ 6,211.50$ 24,846.00$ 3,870.00$ 15,480.00$ L17 Trench Safety For Remove and Install Waterline LF 61 4.85$ 295.85$ 24.60$ 1,500.60$ 2.58$ 157.38$ L18 Trench Safety For Pipe Bursting Pits EA 8 824.80$ 6,598.40$ 615.00$ 4,920.00$ 3,225.00$ 25,800.00$ L19 Remove Existing Fire Hydrant EA 2 1,286.43$ 2,572.86$ 861.00$ 1,722.00$ 709.50$ 1,419.00$ L20 Furnish and Install Bell Harness Assembly For 8" Diam. Water Main EA 8 429.69$ 3,437.52$ 615.00$ 4,920.00$ 1,393.20$ 11,145.60$ L21 Furnish and Install 4" Temporary Water Supply For Pipe Bursting LF 1,062 14.58$ 15,483.96$ 43.05$ 45,719.10$ 58.05$ 61,649.10$ PART K - GENERAL SUBTOTAL PART K - GENERAL (Items K1 thru K7) PART L - WATER IMPROVEMENTS ADDITIVE NO. 2 - PROJECT NO. E12129 LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 6 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 L22 Connect and Disconnect Service To Temporary Water Supply EA 20 1,506.41$ 30,128.20$ 1,845.00$ 36,900.00$ 483.75$ 9,675.00$ L23 Abandon Existing 8" Waterline by Filling with Flowable Grout LF 80 32.00$ 2,560.00$ 30.75$ 2,460.00$ 46.23$ 3,698.40$ L24 Furnish and Install 2" Diam. Wrapped Steel Gasline LF 100 14.30$ 1,430.00$ 55.35$ 5,535.00$ 69.53$ 6,953.00$ L25 Reconnect Existing Water Service EA 2 601.88$ 1,203.76$ 1,875.75$ 3,751.50$ 1,796.97$ 3,593.94$ L26 Furnish and Install 6" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting)EA 2 1,279.12$ 2,558.24$ 1,752.75$ 3,505.50$ 973.95$ 1,947.90$ L27 Furnish and Install 8" Tapping Sleeve with 6" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting)EA 2 2,408.15$ 4,816.30$ 6,150.00$ 12,300.00$ 5,321.25$ 10,642.50$ L28 Furnish and Install 8" x 6" Tees (MJ with Mega Lug Joint Restraint Fitting)EA 2 620.35$ 1,240.70$ 1,223.85$ 2,447.70$ 385.71$ 771.42$ 362,555.80$ 425,311.80$ 404,855.53$ M1 Rehab ≤8" Wastewater Line (Pipe Bursting) (0'-6' Depth) SDR 17 HDPE LF 762 150.00$ 114,300.00$ 129.22$ 98,465.64$ 102.90$ 78,409.80$ M2 Rehab ≤8" Wastewater Line (Pipe Bursting) (0'-6' Depth) SDR 11 HDPE LF 351 145.00$ 50,895.00$ 135.41$ 47,528.91$ 144.00$ 50,544.00$ M3 Furnish and Install Service For 8" Pipe Bursting EA 3 2,600.10$ 7,800.30$ 2,952.00$ 8,856.00$ 967.50$ 2,902.50$ M4 Pre CCTV - Clean & Televise Wastewater Line (Lines ≤8")LF 1,764 2.78$ 4,903.92$ 7.38$ 13,018.32$ 6.26$ 11,042.64$ M5 Post CCTV - Televise Wastewater Line (Lines ≤8")LF 1,114 2.78$ 3,096.92$ 6.15$ 6,851.10$ 4.19$ 4,667.66$ M6 Furnish and Install 4 ft. Diam. Wastewater Manhole FRP (0'-6' Depth)EA 2 2,681.25$ 5,362.50$ 10,639.50$ 21,279.00$ 7,447.17$ 14,894.34$ M7 Excavation Safety For Wastewater Pits and Manholes (0'-6' Depth)EA 5 387.61$ 1,938.05$ 369.00$ 1,845.00$ 1,032.00$ 5,160.00$ M8 Reconstruct Manhole Bench & Inverts EA 1 944.83$ 944.83$ 1,845.00$ 1,845.00$ 4,404.06$ 4,404.06$ M9 Adjust Manhole Ring and Cover EA 4 579.07$ 2,316.28$ 2,429.25$ 9,717.00$ 2,412.73$ 9,650.92$ M10 Reconnect Existing Wastewater Service EA 2 1,189.68$ 2,379.36$ 3,444.00$ 6,888.00$ 2,573.55$ 5,147.10$ 193,937.16$ 216,293.97$ 186,823.02$ N1 Unanticipated Additive No. 2 Allowance (MANDATORY)LS 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ N2 Bypass Pumping (MANDATORY)LS 1 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ SUBTOTAL PART M - WASTEWATER IMPROVEMENTS (Items M1 thru M10) SUBTOTAL PART N - UNANTICIPATED ALLOWANCES (Items N1 thru N2) SUBTOTAL PART L - WATER IMPROVEMENTS (Items L1 thru L28) PART M - WASTEWATER IMPROVEMENTS PART N - UNANTICIPATED ALLOWANCES LJA Engineering, Inc. TBPE Firm Reg. No. F-1386 North Beach Rd Area Beautification ReBid Part 1 North Beach Breakwater PLaza Shoreline ReBid Part 2 - CoCC Project No. E112127/12129 Bid Tabulation 9/21/2018 Page 7 of 7 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 78405-3324 20440 Cielo Vista, Lot 3 4237 Baldwin Blvd.6229 Leopard Street San Antonio, Texas 78255 Corpus Christi, Texas 78409 TABULATED BY: Victor M. Gutierrez, Jr., PE LJA Engineering, Inc. City of Corpus Christi Project No's. E112127/E12129 - LJA Engineering, Inc. Project No. C007-16005/16006 Completion: 120 Calendar Days ENGINEER'S ESTIMATE: $1,268,000 (Base Bid No. 1) NORTH BEACH AREA RD & AREA BEAUTIFICATION REBID PART 1 (BOND 2012) & NORTH BEACH BREAKWATER PLAZA NORTH SHORELINE REPAIR & ENHANCEMENT REBID PART 2 (BOND 2012)Winters Construction, Inc.Grace Paving and Construction, Inc. CPC Interests, LLC Dba Clark Pipeline Services BASE BID NO. 1 BID DATE: September 12, 2018 PART A - GENERAL (Items A1 thru A) PART B - STREET IMPROVEMENTS (Items 1B1 thru 1B86) PART C - DRAINAGE IMPROVEMENTS (Items C1 thru C5) PART D - UTILITY ADJUSTMENTS AND CLEANING (Items D1 thru D2) PART E - STREET IMPROVEMENTS (Items E1 thru E33) PART F - ADA IMPROVEMENTS (Items F1 thru F4) PART G - DRAINAGE IMPROVEMENTS (Items G1 thru G33) PART H - UTILITY ADJUSTMENTS AND CLEANING (Items H1 thru H5) PART I - LIGHTING IMPROVEMENTS (Items I1 thru 13) 1 The actual quantity for Item M1 is 762.45 & M2 is 351.3. However, due to the precision setting of the cell containing the value, printed copies of the Bid Form displayed the value for M1 as 762 and M2 as 351. The precision rounding did not apply to the CivCast bids, where 762.45 and 351.3 was used. All bids have been corrected to the quantity of 762 and 351. 2 The actual quantity for Item M1 is 762.45 & M2 is 351.3. However, due to the precision setting of the cell containing the value, printed copies of the Bid Form displayed the value for M1 as 762 and M2 as 351. The precision rounding did not apply to the CivCast bids, where 762.45 and 351.3 was used. All bids have been corrected to the quantity of 762 and 351. 3 Calculation Errors Throughout Entire Bid. Corrected Totals are shown. See Note 1 (-$111.00)See Note 2 (-$98.77)See Note 3 1,768,664.49$ 326,860.20$ 1,202,386.53$ 147,812.16$ 1,156,614.33$ 136,030.19$ 43,094.35$ 158,682.90$ 368,597.83$ 35,359.35$ 11,117.91$ 293,237.90$ 16,126.53$ 6,286.33$ 62,875.04$ 151,760.50$ 222,668.12$ 17,739.39$ 8,045.58$ 125,177.37$ 146,656.12$ 368,731.48$ 28,262.50$ 254,119.09$ 12,092.79$ 184,326.27$ 201,367.85$ TOTAL ADDITIVE / ALTERNATE NO. 1 • PART J TOTAL BASE BID • PARTS A thru I TOTAL ADDITIVE / ALTERNATE NO. 2 • PART K-N 709,246.16$ 779,741.30$ 804,240.60$ BID SUMMARY 75,577.50$ 303,249.33$ 582,350.94$ 136,525.00$ 301,545.25$ 12,092.13$ CIVCAST Report Created On:9/12/2018 2:20:02 PM PROJECT: E12127 North Beach Area Road &Area Beautification (RE-BID)Part 1 Bond 2012 and E12129 North Beach Breakwater,Plaza,North Shoreline Repair &Enhancement (RE-BID)Part 2 (Bond 2012) BIDDER: Winters Construction TOTAL BID: $1,156,614.33 COMPLETION TIME: Not Required BIDDER INFO: 20444 Cielo Vista #3 San Antonio,TX 78255 P:2105589405 F: 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documentsthis Bir nrtonamee of is submitted by Winters Construction, Inc (typecompany) on: September 12,,o0d18at2) (0 P.M. for Project No(s) E12127 & E12129, North Beach Area Improvements 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid — Project No(s) E12127 & E12129, North Beach Area Improvements (Bond 2012) (REBID) All envelopes and packages (includalng FEDEX nvelopes) must nd numbeeand that bid documely ntsareienclosed OUTSIDE of the package, the project name ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract all Timesoestablishedlirms in the Agreement or as modified by Contract Amendment and comply with the conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions iaccordan ge with the schedul liquidated , rth in damagesin (Agreement of its failure to complete Wo in 2.04 Bidder acknowledges receipt of the following Add Addendum No. 1 Addendum Date 9/7/2018 Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 003000-1 Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 003000-2 Rev 01-13-2016 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 003000-3 Rev 01-13-2016 EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 — ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 003000-4 Rev 01.13-2016 this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 003000-5 Rev 01-13-2016 ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Winters Constr By: Name: Title: Attest: r .rintefull legal name of Bidder) Charles Winters (individual's signature) (typed or printed) ed or printed) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: 210.224.7920 individual's signature) Texas 74-2599747 20440 Cielo Vista, Lot 3 San Antonio, TX 78255 Email: ahaws@winterscon.net (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 & 612129 (REBID) 003000-6 Rev 01-13-2016 CIVCAST Report Created On:9/12/2018 2:20:03 PM BID TOTALS BASE BID (PARTS 1 &2)Total A1 $59,379.54 A2 $41,706.98 A3 $7,745.58 A4 $9,533.04 A5 $5,958.14 A6 $17,874.42 A7 $9,562.80 B1 $10,417.68 B2 $10,908.72 B3 $59,619.68 B4 $8,394.10 B5 $104,896.90 B6 $393.14 B7 $3,037.90 B8 $25,000.00 C1 $2,986.62 C2 $5,973.28 C3 $3,969.81 C4 $410.90 C5 $4,398.78 D1 $1,726.38 D2 $6,319.20 E1 $4,634.25 E2 $10,195.20 E3 $4,874.10 E4 $168.84 E5 $38,227.44 E6 $22,908.51 E7 $214.44 E8 $1,707.54 E9 $1,233.03 E10 $1,680.72 CIVCAST Report Created On:9/12/2018 2:20:03 PM BASE BID (PARTS 1 &2)Total E11 $3,218.95 E12 $249.90 E13 $116.62 E14 $714.98 E15 $1,429.96 E16 $3,277.01 E17 $133.42 E18 $38.12 E19 $893.72 E20 $774.56 E21 $566.02 E22 $566.02 E23 $1,132.06 E24 $2,264.08 E25 $2,681.15 E26 $3,217.38 E27 $12,512.22 E28 $1,763.86 E29 $438.75 E30 $3,528.32 E31 $26,000.00 E32 $7,965.10 E33 $25,000.00 F1 $61,778.97 F2 $124,432.88 F3 $13,299.00 F4 $1,857.00 G1 $11,874.66 G2 $4,820.96 G3 $590.72 G4 $2,505.82 G5 $2,315.16 G6 $1,691.00 CIVCAST Report Created On:9/12/2018 2:20:03 PM BASE BID (PARTS 1 &2)Total G7 $251.64 G8 $8,659.56 G9 $1,709.59 G10 $7,466.61 G11 $10,453.24 G12 $1,632.15 G13 $1,237.35 G14 $790.02 G15 $12,783.68 G16 $12,850.26 G17 $38,043.96 G18 $1,652.30 G19 $682.17 G20 $1,787.43 G21 $22,195.93 G22 $6,173.75 G23 $1,484.10 G24 $8,296.94 G25 $9,920.56 G26 $26,441.64 G27 $387.60 G28 $4,724.15 G29 $33,052.05 G30 $3,934.98 G31 $27,436.59 G32 $8,698.68 G33 $25,000.00 H1 $1,812.60 H2 $844.10 H3 $1,522.74 H4 $217.23 H5 $1,889.66 11 $12,539.84 CIVCAST Report Created On:9/12/2018 2:20:03 PM BASE BID (PARTS 1 &2)Total I2 $14,746.50 I3 $35,588.70 Empty $0.00 Total $1,156,614.33 ADDITIVE ALTERNATE NO.1 Total J1 $63,752.09 J2 $8,849.72 J3 $63,428.38 Empty $0.00 Total $136,030.19 ADDITIVE ALTERNATE NO.2 Total K1 $5,958.14 K2 $5,265.00 K3 $2,979.07 K4 $1,787.44 K5 $7,268.76 K6 $38,727.91 K7 $55,766.88 L1 $2,903.21 L2 $1,583.00 L3 $176,925.00 L4 $6,902.28 L5 $4,356.09 L6 $2,147.76 L7 $572.70 L8 $775.27 L9 $754.20 L10 $930.18 L11 $1,914.69 L12 $1,328.56 L13 $42,129.90 CIVCAST Report Created On:9/12/2018 2:20:03 PM ADDITIVE ALTERNATE NO.2 Total L14 $14,716.68 L15 $5,786.05 L16 $26,504.44 L17 $295.85 L18 $6,598.40 L19 $2,572.86 L20 $3,437.52 L21 $15,483.96 L22 $30,128.20 L23 $2,560.00 L24 $1,430.00 L25 $1,203.76 L26 $2,558.24 L27 $4,816.30 L28 $1,240.70 M1 $114,367.50 M2 $50,938.50 M3 $7,800.30 M4 $4,903.92 M5 $3,096.92 M6 $5,362.50 M7 $1,938.05 M8 $944.83 M9 $2,316.28 M10 $2,379.36 N1 $20,000.00 N2 $15,000.00 Empty $0.00 Total $709,357.16 BASE BID (PARTS 1 &2) CIVCAST Report Created On:9/12/2018 2:20:03 PM A1 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) MOBILIZATION LS 1 $59,379.54 $59,379.54 Sub Total:$59,379.54 A2 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) BONDS AND INSURANCE LS 1 $41,706.98 $41,706.98 Sub Total:$41,706.98 A3 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) STORM WATER POLLUTION PREVENTION PLAN LS 1 $7,745.58 $7,745.58 Sub Total:$7,745.58 A4 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES,CHANNELIZING DEVICES,ETC.) MO 4 $2,383.26 $9,533.04 Sub Total:$9,533.04 CIVCAST Report Created On:9/12/2018 2:20:03 PM A5 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) TRAFFIC CONTROL PLAN AND PREP EA 1 $5,958.14 $5,958.14 Sub Total:$5,958.14 A6 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) TRAFFIC CONTROL MOBILIZATION/ADJUSTMENTS LS 1 $17,874.42 $17,874.42 Sub Total:$17,874.42 A7 No.Description Unit Qty Unit Price Ext Price PART 1A - GENERAL (ITEMS A1 THRU A7) OZONE ACTION DAY DAYS 5 $1,912.56 $9,562.80 Sub Total:$9,562.80 B1 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU 1B8) STREET EXCAVATION SY 477 $21.84 $10,417.68 Sub Total:$10,417.68 CIVCAST Report Created On:9/12/2018 2:20:03 PM B2 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU 1B8) REMOVE EXISTING HMAC SY 1308 $8.34 $10,908.72 Sub Total:$10,908.72 B3 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU 1B8) 13"PAVEMENT RECLAMATION (WITH 11%HIGH EARLY STRENGTH CEMENT),(INCL. RECLAMATION BASE BENEATH CURB TO 1'B.O.C.) SY 6256 $9.53 $59,619.68 Sub Total:$59,619.68 B4 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU B8) PRIME COAT (0.20 GALLONS/SY)GAL 1174 $7.15 $8,394.10 Sub Total:$8,394.10 B5 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU B8) 3"TYPE 'D'HMAC SY 5870 $17.87 $104,896.90 Sub Total:$104,896.90 CIVCAST Report Created On:9/12/2018 2:20:03 PM B6 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU B8) REFLECTIVE PAVEMENT MARKINGS TY.1(W)(24")(SLD)(100 MIL)-STOP BAR LF 22 $17.87 $393.14 Sub Total:$393.14 B7 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU B8) REFLECTIVE PAVEMENT MARKINGS TY.1(W)(24")(SLD)(100 MIL)-CROSSWALK LF 170 $17.87 $3,037.90 Sub Total:$3,037.90 B8 No.Description Unit Qty Unit Price Ext Price PART B - STREET IMPROVEMENTS (ITEMS B1 THRU B8) STREET ALLOWANCE (MANDATORY) LS 1 $25,000.00 $25,000.00 Sub Total:$25,000.00 C1 No.Description Unit Qty Unit Price Ext Price PART C - DRAINAGE IMPROVEMENTS (ITEMS C1 THRU C5) CLEAN OUT EXISTING CURB INLET EA 3 $995.54 $2,986.62 CIVCAST Report Created On:9/12/2018 2:20:03 PM C1 No.Description Unit Qty Unit Price Ext Price Sub Total:$2,986.62 C2 No.Description Unit Qty Unit Price Ext Price PART C - DRAINAGE IMPROVEMENTS (ITEMS C1 THRU C5) CLEAN OUT EXISTING MANHOLE EA 4 $1,493.32 $5,973.28 Sub Total:$5,973.28 C3 No.Description Unit Qty Unit Price Ext Price PART C - DRAINAGE IMPROVEMENTS (ITEMS C1 THRU C5) CLEAN OUT EXISTING 15"RCP LF 377 $10.53 $3,969.81 Sub Total:$3,969.81 C4 No.Description Unit Qty Unit Price Ext Price PART C - DRAINAGE IMPROVEMENTS (ITEMS C1 THRU C5) CLEAN OUT EXISTING 18"RCP LF 35 $11.74 $410.90 Sub Total:$410.90 CIVCAST Report Created On:9/12/2018 2:20:03 PM C5 No.Description Unit Qty Unit Price Ext Price PART C - DRAINAGE IMPROVEMENTS (ITEMS C1 THRU C5) CLEAN OUT EXISTING 24"RCP LF 334 $13.17 $4,398.78 Sub Total:$4,398.78 D1 No.Description Unit Qty Unit Price Ext Price PART D -UTILITY ADJUSTMENTS AND CLEANING (ITEMS D1 THRU D2) CLEAN AND CCTV EXISTING 8" WASTEWATER LINE LF 621 $2.78 $1,726.38 Sub Total:$1,726.38 D2 No.Description Unit Qty Unit Price Ext Price PART D -UTILITY ADJUSTMENTS AND CLEANING (ITEMS D1 THRU D2) CLEAN EXISTING WASTEWATER MANHOLE LF 4 $1,579.80 $6,319.20 Sub Total:$6,319.20 E1 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REMOVE EXISTING HMAC SY 555 $8.35 $4,634.25 CIVCAST Report Created On:9/12/2018 2:20:03 PM E1 No.Description Unit Qty Unit Price Ext Price Sub Total:$4,634.25 E2 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REMOVE CONCRETE DRIVEWAY SF 960 $10.62 $10,195.20 Sub Total:$10,195.20 E3 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REMOVE PARKING METER POST EA 35 $139.26 $4,874.10 Sub Total:$4,874.10 E4 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) ADJUST GAS VALVE BOX EA 1 $168.84 $168.84 Sub Total:$168.84 CIVCAST Report Created On:9/12/2018 2:20:03 PM E5 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) CONCRETE DRIVEWAY SF 3207 $11.92 $38,227.44 Sub Total:$38,227.44 E6 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) STAMPED &STAINED CONCRETE CROSSWALK SF 769 $29.79 $22,908.51 Sub Total:$22,908.51 E7 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REFLECTIVE PAVEMENT MARKINGS TY.1(W)(24")(SLD)(100 MIL)-STOP BAR LF 12 $17.87 $214.44 Sub Total:$214.44 E8 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REFLECTIVE PAVEMENT MARKINGS TY.1(W)(12")(SLD)(100 MIL)-CROSSWALK LF 191 $8.94 $1,707.54 Sub Total:$1,707.54 CIVCAST Report Created On:9/12/2018 2:20:03 PM E9 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REFLECTIVE PAVEMENT MARKINGS TY.1(W)(24")(SLD)(100 MIL)-CROSSWALK LF 69 $17.87 $1,233.03 Sub Total:$1,233.03 E10 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) FIRE LANE STRIPING (RED)LF 1128 $1.49 $1,680.72 Sub Total:$1,680.72 E11 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(4")(SLD)(100 MIL) LF 2705 $1.19 $3,218.95 Sub Total:$3,218.95 E12 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(BKN)(100 MIL) LF 210 $1.19 $249.90 CIVCAST Report Created On:9/12/2018 2:20:03 PM E12 No.Description Unit Qty Unit Price Ext Price Sub Total:$249.90 E13 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(8")(SLD)(100 MIL) LF 49 $2.38 $116.62 Sub Total:$116.62 E14 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(ARROW)(100 MIL) EA 2 $357.49 $714.98 Sub Total:$714.98 E15 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) PREFABRICATED PAVEMENT MARKINGS TY.1 (W) (COMBO STRAIGHT/LEFT TURN ARROW)(100 MIL) EA 2 $714.98 $1,429.96 Sub Total:$1,429.96 CIVCAST Report Created On:9/12/2018 2:20:03 PM E16 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) ACCESSIBLE SPACE MARKING EA 11 $297.91 $3,277.01 Sub Total:$3,277.01 E17 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) RAISED REFLECTIVE PAVEMENT MARKINGS (TY.I-C)WHITE EA 14 $9.53 $133.42 Sub Total:$133.42 E18 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) RAISED REFLECTIVE PAVEMENT MARKINGS (TY.II-B-B)BLUE EA 4 $9.53 $38.12 Sub Total:$38.12 E19 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) COMBO STOP SIGN (R1-1)/STREET NAME SIGN (INCL.METAL POLE AND FOUNDATION) EA 1 $893.72 $893.72 Sub Total:$893.72 CIVCAST Report Created On:9/12/2018 2:20:03 PM E20 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) COMBO DO NOT ENTER (R5- 1)/STREET NAME SIGN (INCL.METAL POLE AND FOUNDATION) EA 1 $774.56 $774.56 Sub Total:$774.56 E21 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) NO PARKING SIGN (R7-1)(INCL. METAL POLE AND FOUNDATION) EA 1 $566.02 $566.02 Sub Total:$566.02 E22 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) ONE WAY (R6-2R)(INCL.METAL POLE AND FOUNDATION) EA 1 $566.02 $566.02 Sub Total:$566.02 E23 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) ONE WAY (R6-2L)(INCL.METAL POLE AND FOUNDATION) EA 2 $566.03 $1,132.06 CIVCAST Report Created On:9/12/2018 2:20:03 PM E23 No.Description Unit Qty Unit Price Ext Price Sub Total:$1,132.06 E24 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) PEDESTRIAN CROSSING (W11-2) (INCL.METAL POLE AND FOUNDATION) EA 4 $566.02 $2,264.08 Sub Total:$2,264.08 E25 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) COMBO RESERVED PARKING/VEHICLE PERMIT FINE/ VAN ACCESSIBLE PLACARD (INCL. METAL POLE AND FOUNDATION) EA 5 $536.23 $2,681.15 Sub Total:$2,681.15 E26 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) COMBO RESERVED PARKING/VEHICLE PERMIT FINE (INCL.METAL POLE AND FOUNDATION) EA 6 $536.23 $3,217.38 Sub Total:$3,217.38 CIVCAST Report Created On:9/12/2018 2:20:03 PM E27 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) 2"SCH.40 PARKING METER POST (36"TALL) EA 42 $297.91 $12,512.22 Sub Total:$12,512.22 E28 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) INLET PROTECTION EA 14 $125.99 $1,763.86 Sub Total:$1,763.86 E29 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) SILT FENCE LF 65 $6.75 $438.75 Sub Total:$438.75 E30 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) REVEGETATION (HYDROMULCH)SY 592 $5.96 $3,528.32 Sub Total:$3,528.32 CIVCAST Report Created On:9/12/2018 2:20:03 PM E31 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) PRECAST CONCRETE BENCH SEATING EA 20 $1,300.00 $26,000.00 Sub Total:$26,000.00 E32 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) 6"REINFORCED CONCRETE SLAB SF 557 $14.30 $7,965.10 Sub Total:$7,965.10 E33 No.Description Unit Qty Unit Price Ext Price PART E - STREET IMPROVEMENTS (ITEMS E1 THRU E33) STREET ALLOWANCE (MANDATORY) LS 1 $25,000.00 $25,000.00 Sub Total:$25,000.00 F1 No.Description Unit Qty Unit Price Ext Price PART F - ADA IMPROVEMENTS (ITEMS F1 THRU F4) REMOVE EXISTING CONCRETE SIDEWALK AND RAMPS SF 6039 $10.23 $61,778.97 Sub Total:$61,778.97 CIVCAST Report Created On:9/12/2018 2:20:03 PM F2 No.Description Unit Qty Unit Price Ext Price PART F - ADA IMPROVEMENTS (ITEMS F1 THRU F4) CONCRETE SIDEWALK SF 20878 $5.96 $124,432.88 Sub Total:$124,432.88 F3 No.Description Unit Qty Unit Price Ext Price PART F - ADA IMPROVEMENTS (ITEMS F1 THRU F4) SIDEWALK RAMP SF 930 $14.30 $13,299.00 Sub Total:$13,299.00 F4 No.Description Unit Qty Unit Price Ext Price PART F - ADA IMPROVEMENTS (ITEMS F1 THRU F4) 6"CONCRETE BOLLARD EA 4 $464.25 $1,857.00 Sub Total:$1,857.00 G1 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE CURB AND GUTTER LF 1029 $11.54 $11,874.66 Sub Total:$11,874.66 CIVCAST Report Created On:9/12/2018 2:20:03 PM G2 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING 5'CURB INLET EA 4 $1,205.24 $4,820.96 Sub Total:$4,820.96 G3 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING GRATE INLET EA 1 $590.72 $590.72 Sub Total:$590.72 G4 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING TYPE 'A' MANHOLE EA 2 $1,252.91 $2,505.82 Sub Total:$2,505.82 G5 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING JUNCTION BOX EA 2 $1,157.58 $2,315.16 Sub Total:$2,315.16 CIVCAST Report Created On:9/12/2018 2:20:03 PM G6 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING CONCRETE FLUME LF 20 $84.55 $1,691.00 Sub Total:$1,691.00 G7 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING 6"PVC LF 12 $20.97 $251.64 Sub Total:$251.64 G8 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) REMOVE EXISTING 15"RCP LF 366 $23.66 $8,659.56 Sub Total:$8,659.56 G9 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CUT,CAP,GROUT AND ABANDON- IN-PLACE EXISTING 15"RCP LF 23 $74.33 $1,709.59 CIVCAST Report Created On:9/12/2018 2:20:03 PM G9 No.Description Unit Qty Unit Price Ext Price Sub Total:$1,709.59 G10 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 5'CURB INLET EA 3 $2,488.87 $7,466.61 Sub Total:$7,466.61 G11 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING MANHOLE EA 7 $1,493.32 $10,453.24 Sub Total:$10,453.24 G12 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 12"RCP LF 155 $10.53 $1,632.15 Sub Total:$1,632.15 CIVCAST Report Created On:9/12/2018 2:20:03 PM G13 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 15"RCP LF 113 $10.95 $1,237.35 Sub Total:$1,237.35 G14 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 24"RCP LF 63 $12.54 $790.02 Sub Total:$790.02 G15 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 36"RCP LF 728 $17.56 $12,783.68 Sub Total:$12,783.68 G16 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 42"RCP LF 366 $35.11 $12,850.26 Sub Total:$12,850.26 CIVCAST Report Created On:9/12/2018 2:20:03 PM G17 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CLEAN OUT EXISTING 48"RCP LF 867 $43.88 $38,043.96 Sub Total:$38,043.96 G18 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 3"SCHEDULE 40 PVC LF 62 $26.65 $1,652.30 Sub Total:$1,652.30 G19 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 3"SCHEDULE 40 PVC CLEAN OUT EA 3 $227.39 $682.17 Sub Total:$682.17 G20 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) CORE EXISTING 12"CONCRETE WALL EA 3 $595.81 $1,787.43 CIVCAST Report Created On:9/12/2018 2:20:03 PM G20 No.Description Unit Qty Unit Price Ext Price Sub Total:$1,787.43 G21 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 18"RCP,ASTM C-76,WALL B LF 251 $88.43 $22,195.93 Sub Total:$22,195.93 G22 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 24"RCP,ASTM C-76,WALL B LF 55 $112.25 $6,173.75 Sub Total:$6,173.75 G23 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) PIPE TRENCH SAFETY LF 306 $4.85 $1,484.10 Sub Total:$1,484.10 CIVCAST Report Created On:9/12/2018 2:20:03 PM G24 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 5'DIAMETER TYPE 'A'MANHOLE EA 2 $4,148.47 $8,296.94 Sub Total:$8,296.94 G25 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 6'DIAMETER TYPE 'A'MANHOLE EA 2 $4,960.28 $9,920.56 Sub Total:$9,920.56 G26 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) TYPE 'D'MANHOLE WITH MODIFIED RING AND COVER EA 4 $6,610.41 $26,441.64 Sub Total:$26,441.64 G27 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) MANHOLE TRENCH SAFETY EA 8 $48.45 $387.60 Sub Total:$387.60 CIVCAST Report Created On:9/12/2018 2:20:03 PM G28 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) ADJUST MANHOLE RING AND COVER EA 5 $944.83 $4,724.15 Sub Total:$4,724.15 G29 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) 5'CURB INLET WITH MODIFIED BOTTOM EA 5 $6,610.41 $33,052.05 Sub Total:$33,052.05 G30 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) GRATE INLET EA 3 $1,311.66 $3,934.98 Sub Total:$3,934.98 G31 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) STD.6"CURB AND GUTTER LF 921 $29.79 $27,436.59 CIVCAST Report Created On:9/12/2018 2:20:03 PM G31 No.Description Unit Qty Unit Price Ext Price Sub Total:$27,436.59 G32 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) STD.6"REVERSE CURB AND GUTTER LF 292 $29.79 $8,698.68 Sub Total:$8,698.68 G33 No.Description Unit Qty Unit Price Ext Price PART G - DRAINAGE IMPROVEMENTS (ITEMS G1 THRU G33) DRAINAGE ALLOWANCE (MANDATORY) LS 1 $25,000.00 $25,000.00 Sub Total:$25,000.00 H1 No.Description Unit Qty Unit Price Ext Price PART H - UTILITY ADJUSTMENTS AND CLEANING (ITEMS H1 THRU H5) REMOVE AND SALVAGE EXISTING FIRE HYDRANT EA 2 $906.30 $1,812.60 Sub Total:$1,812.60 CIVCAST Report Created On:9/12/2018 2:20:03 PM H2 No.Description Unit Qty Unit Price Ext Price PART H - UTILITY ADJUSTMENTS AND CLEANING (ITEMS H1 THRU H5) ADJUST WATER VALVE BOX EA 5 $168.82 $844.10 Sub Total:$844.10 H3 No.Description Unit Qty Unit Price Ext Price PART H - UTILITY ADJUSTMENTS AND CLEANING (ITEMS H1 THRU H5) ADJUST EXISTING WATER METER EA 3 $507.58 $1,522.74 Sub Total:$1,522.74 H4 No.Description Unit Qty Unit Price Ext Price PART H - UTILITY ADJUSTMENTS AND CLEANING (ITEMS H1 THRU H5) CLEAN AND CCTV EXISTING 8" WASTEWATER LINE LF 39 $5.57 $217.23 Sub Total:$217.23 CIVCAST Report Created On:9/12/2018 2:20:03 PM H5 No.Description Unit Qty Unit Price Ext Price PART H - UTILITY ADJUSTMENTS AND CLEANING (ITEMS H1 THRU H5) ADJUST WASTEWATER MANHOLE RING AND COVER EA 2 $944.83 $1,889.66 Sub Total:$1,889.66 11 No.Description Unit Qty Unit Price Ext Price PART I - LIGHTING IMPROVEMENTS (ITEMS I1 THRU I3) CONDT (PVC)(SCHD 40)(2")LF 1052 $11.92 $12,539.84 Sub Total:$12,539.84 I2 No.Description Unit Qty Unit Price Ext Price PART I - LIGHTING IMPROVEMENTS (ITEMS I1 THRU I3) CONDT (PVC)(SCHD 40)(2") (BORE) LF 45 $327.70 $14,746.50 Sub Total:$14,746.50 I3 No.Description Unit Qty Unit Price Ext Price PART I - LIGHTING IMPROVEMENTS (ITEMS I1 THRU I3) GROUND BOX TY A (122311)WITH APRON EA 15 $2,372.58 $35,588.70 Sub Total:$35,588.70 CIVCAST Report Created On:9/12/2018 2:20:03 PM Empty No.Description Unit Qty Unit Price Ext Price *EACH ADDITIVE ALTERNATE MUST BE ON IT'S OWN SEPARATE CIVCAST FORM* 0 $0.00 $0.00 Sub Total:$0.00 ADDITIVE ALTERNATE NO.1 J1 No.Description Unit Qty Unit Price Ext Price PART J - BREAKWATER CONCRETE CAP REPAIR (ITEMS J1 THRU J3) CONCRETE DELIVERY SYSTEM LS 1 $63,752.09 $63,752.09 Sub Total:$63,752.09 J2 No.Description Unit Qty Unit Price Ext Price PART J - BREAKWATER CONCRETE CAP REPAIR (ITEMS J1 THRU J3) CONCRETE CRACK REPAIR EA 11 $804.52 $8,849.72 Sub Total:$8,849.72 CIVCAST Report Created On:9/12/2018 2:20:03 PM J3 No.Description Unit Qty Unit Price Ext Price PART J - BREAKWATER CONCRETE CAP REPAIR (ITEMS J1 THRU J3) CONCRETE CAP REPAIR CY 94 $674.77 $63,428.38 Sub Total:$63,428.38 Empty No.Description Unit Qty Unit Price Ext Price *EACH ADDITIVE ALTERNATE MUST BE ON IT'S OWN SEPARATE CIVCAST FORM* 0 $0.00 $0.00 Sub Total:$0.00 ADDITIVE ALTERNATE NO.2 K1 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Pre-Construction Exploratory LS 1 $5,958.14 $5,958.14 Sub Total:$5,958.14 CIVCAST Report Created On:9/12/2018 2:20:03 PM K2 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Install and Remove Silt Fence LF 780 $6.75 $5,265.00 Sub Total:$5,265.00 K3 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Traffic Control LS 1 $2,979.07 $2,979.07 Sub Total:$2,979.07 K4 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Stormwater Pollution Prevention Plan LS 1 $1,787.44 $1,787.44 Sub Total:$1,787.44 K5 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Well Pointing for Water Lines LF 61 $119.16 $7,268.76 Sub Total:$7,268.76 CIVCAST Report Created On:9/12/2018 2:20:03 PM K6 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Well Pointing for Pits and Manholes EA 13 $2,979.07 $38,727.91 Sub Total:$38,727.91 K7 No.Description Unit Qty Unit Price Ext Price PART K- GENERAL (ITEMS K1 THRU K7) Cement Stabilized Sand TONS 468 $119.16 $55,766.88 Sub Total:$55,766.88 L1 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Diam.C900 DR18 PVC Waterline LF 41 $70.81 $2,903.21 Sub Total:$2,903.21 L2 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Diam,Ductile Iron Pipe Waterline LF 20 $79.15 $1,583.00 Sub Total:$1,583.00 CIVCAST Report Created On:9/12/2018 2:20:03 PM L3 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Diam.C900 DR18 FPVC Waterline by Pipe Bursting LF 1011 $175.00 $176,925.00 Sub Total:$176,925.00 L4 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 4 $1,725.57 $6,902.28 Sub Total:$6,902.28 L5 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Tapping Sleeve with 8"R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 1 $4,356.09 $4,356.09 Sub Total:$4,356.09 L6 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"45 Deg Bend (MJ with MEGA LUG Joint Restraint fitting) EA 4 $536.94 $2,147.76 Sub Total:$2,147.76 CIVCAST Report Created On:9/12/2018 2:20:03 PM L7 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 1 $572.70 $572.70 Sub Total:$572.70 L8 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Tees (MJ with Mega Lug Joint Restraint Fitting) EA 1 $775.27 $775.27 Sub Total:$775.27 L9 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"x12"Reducer (MJ with Mega Lug Joint Restraint Fitting) EA 1 $754.20 $754.20 Sub Total:$754.20 L10 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Cap (MJ with Mega Lug Joint Restraint Fitting) EA 1 $930.18 $930.18 Sub Total:$930.18 CIVCAST Report Created On:9/12/2018 2:20:03 PM L11 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Bolted Transition Coupling (MJ with Mega Lug Joint Restraint Fitting) EA 3 $638.23 $1,914.69 Sub Total:$1,914.69 L12 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 12"Bolted Transition Coupling (MJ with Mega Lug Joint Restraint Fitting) EA 1 $1,328.56 $1,328.56 Sub Total:$1,328.56 L13 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Remove and Replace 1"to 2"Copper or HDPE Service EA 18 $2,340.55 $42,129.90 Sub Total:$42,129.90 L14 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Connection to Existing 8"Water Main EA 3 $4,905.56 $14,716.68 Sub Total:$14,716.68 CIVCAST Report Created On:9/12/2018 2:20:03 PM L15 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Connection to Existing 12"Water Main EA 1 $5,786.05 $5,786.05 Sub Total:$5,786.05 L16 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install FH Assembly with Lead EA 4 $6,626.11 $26,504.44 Sub Total:$26,504.44 L17 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Trench Safety for Remove and Install Waterline LF 61 $4.85 $295.85 Sub Total:$295.85 L18 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Trench Safety for Pipe Bursting Pits EA 8 $824.80 $6,598.40 Sub Total:$6,598.40 CIVCAST Report Created On:9/12/2018 2:20:03 PM L19 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Remove Existing Fire Hydrant EA 2 $1,286.43 $2,572.86 Sub Total:$2,572.86 L20 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install Bell Harness Assembly for 8"Dia.Water Main EA 8 $429.69 $3,437.52 Sub Total:$3,437.52 L21 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 4"Temporary Water Supply for Pipe Bursting LF 1062 $14.58 $15,483.96 Sub Total:$15,483.96 L22 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Connect and Disconnect Service to Temporary Water Supply EA 20 $1,506.41 $30,128.20 Sub Total:$30,128.20 CIVCAST Report Created On:9/12/2018 2:20:03 PM L23 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Abandon Existing 8"Waterline by Filling with Flowable Grout LF 80 $32.00 $2,560.00 Sub Total:$2,560.00 L24 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 2"Diam.Wrapped Steel Gasline LF 100 $14.30 $1,430.00 Sub Total:$1,430.00 L25 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Reconnect Existing Water Service EA 2 $601.88 $1,203.76 Sub Total:$1,203.76 L26 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 6"R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 2 $1,279.12 $2,558.24 Sub Total:$2,558.24 CIVCAST Report Created On:9/12/2018 2:20:03 PM L27 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"Tapping Sleeve with 6"R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 2 $2,408.15 $4,816.30 Sub Total:$4,816.30 L28 No.Description Unit Qty Unit Price Ext Price PART L- WATER IMPROVEMENTS (ITEMS L1 THRU L28) Furnish and Install 8"x6"Tees (MJ with Mega Lug Joint Restraint Fitting) EA 2 $620.35 $1,240.70 Sub Total:$1,240.70 M1 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Rehab =8”Wastewater Line (Pipe Bursting)(0'-6'Depth)SDR 17 HDPE LF 762.45 $150.00 $114,367.50 Sub Total:$114,367.50 M2 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Rehab =8”Wastewater Line (Pipe Bursting)(0'-6'Depth)SDR 11 HDPE LF 351.3 $145.00 $50,938.50 Sub Total:$50,938.50 CIVCAST Report Created On:9/12/2018 2:20:03 PM M3 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Furnish and Install Service for 8"Pipe Bursting EA 3 $2,600.10 $7,800.30 Sub Total:$7,800.30 M4 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) PRE CCTV -Clean &Televise Wastewater Lines(Lines =8”) LF 1764 $2.78 $4,903.92 Sub Total:$4,903.92 M5 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) POST CCTV -Televise Wastewater Lines (Lines =8”) LF 1114 $2.78 $3,096.92 Sub Total:$3,096.92 M6 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Furnish and Install 4 ft Dia Wastewater Manhole FRP Rehab(0’-6’Depth) EA 2 $2,681.25 $5,362.50 Sub Total:$5,362.50 CIVCAST Report Created On:9/12/2018 2:20:03 PM M7 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Excavation Safety for Wastewater Pits and Manholes(0'-6'Depth) EA 5 $387.61 $1,938.05 Sub Total:$1,938.05 M8 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Reconstruct Manhole Bench &Inverts EA 1 $944.83 $944.83 Sub Total:$944.83 M9 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Adjust Manhole Ring and Cover EA 4 $579.07 $2,316.28 Sub Total:$2,316.28 M10 No.Description Unit Qty Unit Price Ext Price PART M- WASTEWATER IMPROVEMENTS (ITEMS M1 THRU M10) Reconnect Existing Waastewater Service EA 2 $1,189.68 $2,379.36 CIVCAST Report Created On:9/12/2018 2:20:03 PM M10 No.Description Unit Qty Unit Price Ext Price Sub Total:$2,379.36 N1 No.Description Unit Qty Unit Price Ext Price PART N- UNANTICIPATED ALLOWANCES (ITEMS N1 THRU N2) Unanticipated Additive No.2 Allowance (MANDATORY) LS 1 $20,000.00 $20,000.00 Sub Total:$20,000.00 N2 No.Description Unit Qty Unit Price Ext Price PART N- UNANTICIPATED ALLOWANCES (ITEMS N1 THRU N2) Bypass Pumping (MANDATORY)LS 1 $15,000.00 $15,000.00 Sub Total:$15,000.00 Empty No.Description Unit Qty Unit Price Ext Price *EACH ADDITIVE ALTERNATE MUST BE ON IT'S OWN SEPARATE CIVCAST FORM* 0 $0.00 $0.00 Sub Total:$0.00 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: i n (5 fl/ (sig ature -- attach evidence of authority to sign) hcS4r. tdr1 (typed or printed) Name: Charles Winters Title: Business address: (typed or printed) 20440 Cielo Vista, Lot 3 San Antonio, TX 78255 Phone: 210.224.7920 Email: ahaws@winterscon.net END OF SECTION 003002-1 Compliance to State Law on Nonresident Bidders 0 302011 North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER PURCF ASSIGNED DIIVISIOON City of Corpus Chnsti 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: Winters Construction, Inc. P. O. BOX: STREET ADDRESS: 20440 Cielo Vista, Lot 3 FIRM IS: 1. Corporation El 4. Association CITY: San Antonio, TX ZIP: 78255 2. Partnership 5. Other e 3. Sole Owner 0 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 `arm." Name Job Title and City Department (if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N N/A /A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in he above named "firm." Name Consultant N/A N/A City of Corpus Christi 00 30 05 -1 Disclosure of Interest Rev 01.13-2016 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 1 certify that all information provided is true and correct as of the date of this statement, that I have not anon requested; and that supplemental statements will be hrist i Texas as changes occur. knowingly withheld disclosure of any infi promptly submitted to the City of Corpu,-C Certifying Person: Charles Wint: s (Type or Print) Signature of Certifying Person: Title: President DEFINITIONS Date: 9/11/2018 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." "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. g. City of Corpus Christi Disclosure of Interest 003005-2 Rev 01-13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: North Beach Area Improvements (Bond 2012) (REBID) Project No(s) E12127 & E12129 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: By: Name: Title: Business address: Wint- ' onstrustion, Inc. (typed or printed) (sign tca�u'e -- attach evidence of authority to sign) Charles Winters (typed or printed) President caro WO C' ceo U►`S4c , Lof San Antonio, TX 78255 Phone: 210.224.7920 Email: ahaws@winterscon.net END OF SECTION Non -Collusion Certification North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) 003006-1 11-25-2013 EJCDC ENG.NEERS JOtUT cc,-a<C7 COCl. ME NTS COJ'I.1'1t BID BOND PENAL SUM FORM Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Winters Construction, Inc. 20440 Cielo Vista, Lot 3 San Antonio, Texas 78255 SURETY (Name, and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183-9062 OWNER: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 BID Bid Due Date: September 12, 2018 Description: North Beach Area Road Improvements & Area Beautification Part 1 (City Project E12127) and North Beach Breakwater, Plaza, North Shoreline Repair & Enhancement Part 2 (City Project E12129) BOND Bond Number: 106457931 Date: September 12, 2018 Penal sum Five Percent of the Greatest Amount Bid including All Alternates $ 5 % (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be • execu ed by an authorized officer, agent, or representative. BIDDER Winters Constru Bidder's N SURETY (Seal) Travelers Casualty and Surety Company of America (Seal) Surety's Name and Corporate Seal By: By: Attest: Sig ature �ir�eS e rs Print Name ;d AOK Attest: a Sigiatt5 re (Attach Power of Attorney) Maryanna S. Christensen Print Name Signature Sig .tu Title //L`P_re/— Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. Title Attorney in Fact EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 ENGINEERS JOINT CIXRUCT DOCUMENTS COMMrti[f PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EICDC° C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 oft TRAVELERS J WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226255 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 06801854 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Maryanna S. Christensen, Paul W. Poettgen, Richard D. Deter, and John P. Poettgen of the City of San Antonio , State of Texas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 18th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 18th day of May 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. QM� C • V `Mane C. Tetreault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of September , 2018 rN' Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CIVCAST Report Created On:9/12/2018 2:20:04 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Arron Haws 09/11/2018 10:28:51 AM CIVCAST Report Created On:9/12/2018 2:20:04 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E12127 and E12129 Specifications 9/07/2018 3:22:51 PM Plans E12127 and E12129 Plans 8/22/2018 11:03:04 AM Other E12127 and E12129 Bidders Worksheet 8/22/2018 10:42:24 AM Addenda E12127/E12129 Addendum No.1 9/07/2018 3:16:04 PM Bidders Pre Bid Attendance Roster 8/31/2018 7:36:30 AM 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by Grace Paving & Construction, Inc. (type or print name of company) on: September 12, 2018 at 2:00 P.M. for Project No(s) E12127 & E12129, North Beach Area Improvements (Bond 2012) (REBID). 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid — Project No(s) E12127 & E12129, North Beach Area Improvements (Bond 2012) (REBID) All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt -I/7d ('3 jk4i 6)C— Bid Acknowledgement Form 00 30 00 -1 North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003000-2 Rev 01-13-2016 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepanGIO that the Bidder has discovered in the Contract Documents, and the written resolution provide by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003000-3 Rev 01-13-2016 EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 — ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003000-4 Rev 01-13-2016 this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003000-5 Rev 01-13-2016 ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Grace Paving & Construction, Inc. By: Zeit' (typgd or printed full legal name of Bidder) (individual's signature) Name: Eddie M. Ortiz Title: President Attest: (typed or printed) State of Residency: Federal Tax Id. No. Texas (typed or printed) dividual's signature) 74-298 0782 Address for giving notices: 4237 Baldwin Blvd. Corpus Christi. Texas 78405-3324 Phone: (361) 883-3232 Email: gracepaving@aol.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003000-6 Rev 01-13-2016 00 30 01 BID FORM Project Name: North Beach Area Road Improvements & Area Beautification (Bond 2012) (REBID) North Beach Breakwater, Plaza, North Shoreline Repair & Enhancement (Bond 2012) (REBID) Al Mobilization (Max 5% of Protect Total) Project Number: E12127 (Part 1) E12129 (Part 2) $ 100,000.00 $ 100,000.00 Owner: City of Corpus Christi _ LS 1 Bidder: $ 19,680.00 A3 Storm Water Pollution Prevention Plan OAR: 1 5 6,150.00 $ 6,150.00 Designer: UA Engineering, Inc. MO 4$ 922.50 $ 3,690.00 A5 em Item DESCRIPTION UNIT ESTIMATED QUANTITY PRICE EXTENDED AMOUNT BASE BID (PARTS 1 & 2) PART A - GENERAL (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization (Max 5% of Protect Total) LS 1 $ 100,000.00 $ 100,000.00 A2 Bonds and Insurance LS 1 $ 19,680.00 $ 19,680.00 A3 Storm Water Pollution Prevention Plan LS 1 5 6,150.00 $ 6,150.00 A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, etc.) MO 4$ 922.50 $ 3,690.00 A5 Traffic Control Plan and Prep EA 1$ 2 700 00 $ 2,700.00 A6 Traffic Control Mobilization/Adjustments EA 1 $ 3,075.00 $ 3,075.00 A7 Ozone Action Day DAYS 5$ 246.00 $ 1,230.00 SUBTOTAL PART A - GENERAL (Items Al thru A7) $ 136,525.00 PART 1- PROJECT NO. E12127 PART 8 -STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Street Excavation SY 477 $ 16.76 $ 7,994.52 82 Remove Existing HMAC SY 1,308 $ 7.15 $ 9,352.20 83 13" Pavement Reclamation (with 11% High Early Strength Cement), (Incl. Reclamation Base Beneath Curb to 1' B.O.C.) SY 6,256 $ 19.46 $ 121,741.76 B4 Prime Coat (0.20 Gallons/SY) GAL 1,174 $ 5.68 $ 6,668.32 85 3" Type '0' HMAC SY 5,870 $ 20.27 $ 118,984.90 86 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Stop Bar LF 22 $ 16.35 $ 359.70 B7 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Crosswalk LF 170 $ 18.45 $ 3,136.50 B8 Street Allowance (MANDATORY) LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART B - STREET IMPROVEMENTS (Items B1 thru 138) $ 293,237.90 PART C - DRAINAGE IMPROVEMENTS (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Clean Out Existing Curb Inlet EA 3 $ 369.00 $ 1,107.00 C2 Clean Out Existing Manhole EA 4 $ 492.00 $ 1,968.00 C3 Clean Out Existing 15" RCP LF 377 $ 15.99 $ 6,028.23 Bid Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) Page 1 of 8 Rey 01-13-2015 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EMENDED AMOUNT C4 Clean Out Existing 18" RCP LF 35 $ 24.60 $ 861.00 C5 Clean Out Existing 24" RCP LF 334 $ 18.45 $ 6,162.30 SUBTOTAL PART C - DRAINAGE IMPROVEMENTS (Items C1 thru C5) $ 16,126.53 Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Page 2 of 8 R. 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT PART D - UTILITY ADJUSTMENTS AND CLEANING (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 01 Clean and CCTV Existing 8" Wastewater Line LF 621 $ 13.53 $ 8,402.13 D2 Clean Existing Wastewater Manhole LF 4 $ 922.50 $ 3,690.00 SUBTOTAL PART D - UTILITY ADJUSTMENTS AND CLEANING (Items D1 thru D2) $ 12,092.13 PART 2 - PROJECT NO. E12129 PART E - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Remove Existing HMAC SY 555 $ 5.76 $ 3,196.80 E2 Remove Concrete Driveway SF 960 $ 2.79 $ 2,678.40 E3 Remove Parking Meter Post EA 35 $ 68.53 $ 2,398.55 E4 Adjust Gas Valve Box EA 1 $ 897.90 $ 897.90 E5 Concrete Driveway SF 3,207 $ 7.07 $ 22,673.49 E6 Stamped & Stained Concrete Crosswalk SF 769 $ 13.78 $ 10,596.82 E7 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Stop Bar LF 12 $ 18.75 $ 225.00 E8 Reflective Pavement Markings TY.1(W) (12") (SLD) (100 mil) - Crosswalk IF 191 $ 9.22 $ 1,761.02 E9 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Crosswalk LF 69 $ 18.45 $ 1,273.05 E10 Fire Lane Striping (Red) LF 1,128 $ 1.04 $ 1,173.12 Ell Reflective Pavement Markings TY.1 (Y) (4") (SLD) (100 mil) LF 2,705 $ 0.73 $ 1,974.65 E12 Reflective Pavement Markings TY.1(W) (4") (BKN) (100 mil) LF 210 $ 0.61 $ 128.10 E13 Reflective Pavement Markings TY.1 (W) (8") (SLD) (100 mil) LF 49 $ 1.23 $ 60.27 E14 Prefabricated Pavement Markings TY.1 (W) (Arrow) (100 mil) EA 2 $ 246.00 $ 492.00 E15 Prefabricated Pavement Markings TY.1 (W) (Combo Straight/Left Turn Arrow) (100 mil) EA 2 $ 461.25 $ 922.50 E16 Accessible Space Marking EA 11 $ 184.50 $ 2,029.50 E17 Raised Reflective Pavement Markings (TY.I-C) White EA 14 $ 9.84 $ 137.76 E18 Raised Reflective Pavement Markings (TY.II-B-B) Blue EA 4 $ 9.84 $ 39.36 E19 Combo Stop Sign (R1-1)/Street Name Sign (Incl. Metal Pole and Foundation) EA 1 $ 922.50 $ 922.50 E20 Combo Do Not Enter (R5-1)/Street Name Sign (Incl. Metal Pole and Foundation) EA 1 $ 799.50 $ 799.50 Bid Form Page 3 of 8 North Beach Area Improvements- Project No(s) E12127 & E12129 (REBID) Rev 01-13.2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT E21 No Parking Sign (R7-1) (Incl. Metal Pole and Foundation) EA 1 $ 584.25 $ 584.25 E22 One Way (R6 -2R) (Incl. Metal Pole and Foundation) EA 1 $ 584.25 $ 584.25 E23 One Way (R6-21) (Incl. Metal Pole and Foundation) EA 2 $ 584.25 $ 1,168.50 E24 Pedestrian Crossing (W11-2) (Ind. Metal Pole and Foundation) EA 4 $ 584.25 $ 2,337.00 E25 Combo Reserved Parking/Vehicle Permit Fine/Van Accessible Placard (Incl. Metal Pole and Foundation) EA 5 $ 553.50 $ 2,767.50 E26 Combo Reserved Parking/Vehicle Permit Fine (Ind. Metal Pole and Foundation) EA 6 $ 553.50 $ 3,321.00 E27 2" Sch. 40 Parking Meter Post (36" Tall) EA 42 $ 111.29 $ 4,674.18 E28 Inlet Protection EA 14 $ 43.93 $ 615.02 E29 Silt Fence LF 65 $ 5.30 $ 344.50 E30 Revegetation (Hydromulch) SY 592 $ 3.91 $ 2,314.72 E31 Precast Concrete Bench Seating EA 20 $ 1,107.00 $ 22,140.00 E32 6" Reinforced Concrete Slab SF 557 $ 8.88 $ 4,946.16 E33 Street Allowance (MANDATORY) LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART E -STREET IMPROVEMENTS (Items E3 thru E33) $ 125,177.37 PART F - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 Remove Existing Concrete Sidewalk and Ramps SF 6,039 $ 2.24 $ 13,527.36 F2 Concrete Sidewalk 5F 20,878 $ 5.57 $ 116,290.46 F3 Sidewalk Ramp SF 930 $ 15.31 $ 14,238.30 F4 6" Concrete Bollard EA 4 $ 650.00 $ 2,600.00 SUBTOTAL PART F - ADA IMPROVEMENTS (Items Fl thru F4) $ 146,656.12 PART G - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Remove Curb and Gutter IF 1,029 $ 12.82 $ 13,191.78 G2 Remove Existing 5' Curb Inlet EA 4 $ 461.25 $ 1,845.00 G3 Remove Existing Grate Inlet EA 1 $ 2,093.75 $ 2,093.75 64 Remove Existing Type 'A' Manhole EA 2 $ 1,199.25 $ 2,398.50 G5 Remove Existing Junction Box EA 2 $ 1,076.25 $ 2,152.50 G6 Remove Existing Concrete Flume LF 20 $ 2.15 $ 43.00 G7 Remove Existing 6" PVC LF 12 $ 2.56 $ 30.72 G8 Remove Existing 15" RCP LF 366 $ 43.05 $ 15,756.30 G9 Cut, Cap, Grout and Abandon -in -Place Existing 15" RCP LF 23 $ 61.50 $ 1,414.50 Bid Form Page 4 of 8 North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) R.01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNITESTIMATED QUANTITY UNIT PRICE EXPENDED AMOUNT G10 Clean Out Existing 5' Curb Inlet EA 3 $ 553.50 $ 1,660.50 611 Clean Out Existing Manhole EA 7 $ 615.00 $ 4,305.00 G12 Clean Out Existing 12" RCP LF 155 $ 27.06 $ 4,194.30 613 Clean Out Existing 15" RCP LF 113 $ 30.75 $ 3,474.75 614 Clean Out Existing 24" RCP LF 63 $ 30.75 $ 1,937.25 615 Clean Out Existing 36" RCP LF 728 $ 34.44 $ 25,072.32 616 Clean Out Existing 42" RCP LF 366 $ 34.44 $ 12,605.04 G17 Clean Out Existing 48" RCP LF 867 $ 34.44 $ 29,859.48 618 3" Schedule 40 PVC LF 62 $ 20.91 $ 1,296.42 619 3" Schedule 40 PVC Clean Out EA 3 $ 153.75 $ 461.25 G20 Core Existing 12" Concrete Wall EA 3 $ 953.25 $ 2,859.75 G21 18" RCP, ASTM C-76, Wall B LF 251 $ 184.50 $ 46,309.50 G22 24" RCP, ASTM C-76, Wall B LF 55 $ 227.55 $ 12,515.25 G23 Pipe Trench Safety LF 306 $ 8.61 $ 2,634.66 G24 5' Diameter Type 'A' Manhole EA 2 $ 7,380.00 $ 14,760.00 G25 6' Diameter Type 'A' Manhole EA 2 $ 7,995.00 $ 15,990.00 G26 Type 'D' Manhole with Modified Ring and Cover EA 4 $ 9,225.00 $ 36,900.00 G27 Manhole Trench Safety EA 8 $ 615.00 $ 4,920.00 G28 Adjust Manhole Ring and Cover EA 5 $ 1,660.50 $ 8,302.50 629 5' Curb Inlet with Modified Bottom EA 5 $ 5,350.50 $ 26,752.50 G30 Grate Inlet EA 3 $ 6,765.00 $ 20,295.00 631 Std. 6" Curb and Gutter LF 921 $ 22.60 $ 20,814.60 G32 Std. 6" Reverse Curb and Gutter LF 292 $ 23.58 $ 6,885.36 G33 Drainage Allowance (MANDATORY) L5 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART G - DRAINAGE IMPROVEMENTS (Items G1 thru G33) $ 368,731.48 PART H - UTIUTY ADJUSTMENTS AND CLEANING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 Remove and Salvage Existing Fire Hydrant EA 2 $ 1,500.00 $ 3,000.00 H2 Adjust Water Valve Box EA 5 $ 1,875.00 $ 9,375.00 H3 Adjust Existing Water Meter EA 3 $ 2,343.75 $ 7,031.25 H4 Clean and CCTV Existing 8" Wastewater Line LF 39 $ 18.75 $ 731.25 H5 Adjust Wastewater Manhole Ring and Cover EA 2 $ 4,062.50 $ 8,125.00 SUBTOTAL PART H - UTILITY ADJUSTMENTS AND CLEANING (Items H1 thru HS) $ 28,262.50 Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Page 5 of 8 Fev 01:3--:036 00 30 01 BID FORM Item DESCRIPTION UNIT ES -MATED QUANTITY UNIT PRICE EXTENDED AMOUNT PART 1- LIGHTING IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 Condt (PVC) (SCHD 40)(r) LF 1,052 $ 45.00 $ 47,340.00 12 Condt (PVC) (SCHD 40) (2") (Bore) LF 45 $ 65.00 $ 2,925.00 13 Ground Box TY A (122311) with Apron EA 15 $ 1,687.50 $ 25,312.50 SUBTOTAL PART I - LIGHTING IMPROVEMENTS (Items 11 thru 13) $ 75,577.50 ADDITIVE NO. 1- PROJECT NO. E12129 PART 1- BREAKWATER CONCRETE CAP REPAIR (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 Concrete Delivery System L5 1 $ 56,250.00 $ 56,250.00 12 Concrete Crack Repair EA 11 $ 2,119.32 $ 23,312.52 13 Concrete Cap Repair CY 94 $ 726.06 $ 68,249.64 SUBTOTAL PART 1- BREAKWATER CONCRETE CAP REPAIR (Items 11 thru 13) $ 147,812.16 ADDITIVE NO. 2 - PROJECT NO. E12129 PART K- GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) K1 Pre -Construction Exploratory LS 1 $ 20,295.00 $ 20,295.00 K2 Install and Remove Silt Fence LF 780 $ 3.31 $ 2,581.80 K3 Traffic Control LS 1 $ 5,535.00 $ 5,535.00 K4 Stormwater Pollution Prevention Plan L5 1 $ 3,075.00 $ 3,075.00 K5 Well Pointing for Water Lines LF 61 $ 104.55 $ 6,377.55 K6 Well Pointing for Pits and Manholes EA 13 $ 3,382.50 $ 43,972.50 K7 Cement Stabilized Sand TONS 468 $ 45.51 $ 21,298.68 SUBTOTAL PART K- ADDmVE NO. 2 (Items 1(1 thru K7) $ 103,135.53 PART L- WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) L1 Furnish and Install 8" Diam. C900 DR18 PVC Waterline LF 41 $ 178.35 $ 7,312.35 L2 Furnish and Install 8" Diam, Ductile Iron Pipe Waterline LF 20 $ 289.05 $ 5,781.00 1.3 Furnish and Install 8" Dlam. C900 DR18 FPVC Waterline by Pipe Bursting LF 1,011 $ 153.75 $ 155,441.25 L4 Furnish and Install 8" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 4 $ 1,894.20 $ 7,576.80 Furnish and Install 8" Tapping Sleeve with 8" R/W Gate Valve (Ml with Mega Lug Joint Restraint Fitting) EA 1 $ 6,396.00 $ 6,396.00 L6 Furnish and Install 8" 45 Deg Bend (Ml with MEGA LUG Joint Restraint fitting) EA 4 $ 922.50 $ 3,690.00 L7 Furnish and Install 8" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 1 $ 918.75 $ 918.75 L8 Furnish and Install 8" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 1 $ 861.00 $ 861.00 1_9 Furnish and Install 8"x12" Reducer (M1 with Mega Lug Joint Restraint Fitting) EA 1 $ 1,660.50 $ 1,660.50 L10 Furnish and Install 8" Cap (MJ with Mega Lug Joint Restraint Fitting) EA 1 $ 615.00 S 615.00 111 Furnish and Install 8" Bolted Transition Coupling (MJ with Mega Lug Joint Restraint Fitting) EA 3 S 1,660.50 $ 4,981.50 Bid Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) Page 6 of 8 Rav01.13-1016 0030 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT L12 Furnish and Install 12" Bolted Transition Coupling (MJ with Mega Lug Joint Restraint Fitting) EA 1 $ 2,306.25 $ 2,306.25 113 Remove and Replace 1" to 2" Copper or HDPE Service EA 18 $ 3,997.50 $ 71,955.00 114 Connection to Existing 8" Water Main EA 3 $ 1,230.00 5 3,690.00 L15 Connection to Existing 12" Water Main EA 1 $ 1,599.00 $ 1,599.00 L16 Furnish and Install FH Assembly with Lead EA 4 $ 6,211.50 $ 24,846.00 L17 Trench Safety for Remove and Install Waterline LF 61 $ 24.60 $ 1,500.60 118 Trench Safety for Pipe Bursting Pits EA 8 $ 615.00 $ 4,920.00 119 Remove Existing Fire Hydrant EA 2 $ 861.00 $ 1,722.00 L20 Furnish and Install Bell Harness Assembly for 8" Dla. Water Main EA 8 $ 615.00 $ 4,920.00 L21 Furnish and Install 4" Temporary Water Supply for Pipe Bursting LF 1,062 $ 43.05 $ 45,719.10 L22 Connect and Disconnect Service to Temporary Water Supply EA 20 $ 1,845.00 $ 36,900.00 1.23 Abandon Existing 8" Waterline by Filling with Flowable Grout IF 80 $ 30.75 $ 2,460.00 L24 Furnish and Install 2" Dlam. Wrapped Steel Gasline LF 100 $ 55.35 $ 5,535.00 L25 Reconnect Existing Water Service EA 2 $ 1,875.75 $ 3,751.50 L26 Furnish and Install 6" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting EA 2 $ 1,752.75 $ 3,505.50 Furnish and Install 8" Tapping Sleeve with 6" R/W Gate Valve (M1 with Mega Lug L27 EA 2 $ 6,150.00 Joint Restraint Fitting) $ 12,300.00 L28 Furnish and Install 8"x6" Tees (MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,223.85 $ 2,447.70 SUBTOTAL PART 1 -ADDITIVE NO. 2 (Items 11 thru 1.28) $ 425,311.80 PART M• WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) M1 Rehab 58" Wastewater Une (Pipe Bursting)(0' - 6' Depth) SDR 17 HDPE IF 762 $ 129.22 $ 98,523.79 M2 Rehab 58" Wastewater Line (Pipe Bursting)(0' - 6' Depth) SDR 11 HDPE LF 351 $ 135.41 $ 47,569.53 M3 Furnish and Install Service for 8" Pipe Bursting EA 3 $ 2,952.00 $ 8,856.00 M4 PRE CCTV - Clean & Televise Wastewater Lines(Unes 58") LF 1,764 $ 7.38 $ 13,018.32 M5 POST CCTV - Televise Wastewater Lines (Lines 58") LF 1,114 $ 6.15 $ 6,851.10 M6 Furnish and Install 4 ft Dia Wastewater Manhole FRP Rehab(0'-6' Depth) EA 2 $ 10,639.50 $ 21,279.00 M7 Excavation Safety for Wastewater Pits and Manholes(0' - 6' Depth) EA 5 $ 369.00 $ 1,845.00 M8 Reconstruct Manhole Bench & Inverts EA 1 $ 1,845.00 $ 1,845.00 M9 Adjust Manhole Ring and Cover EA 4 $ 2,429.25 $ 9,717.00 M10 Reconnect Existing Wastewater Service EA 2 $ 3,444.00 $ 6,888.00 SUBTOTAL PART M -ADDITIVE NO. 2 (Items M3 thru M10) $ 216,392.74 Bld Form Page 7of8 North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Rey 01-13.2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTINWTED QUANTITY UNIT PRICE EXTENDED AMOUNT PART N- UNANTICIPATED ALLOWANCES (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Ni Unanticipated Additive No. 2 Allowance (MANDATORY) LS 1 $ 20,000.00 $ 20,000.00 N2 Bypass Pumping (MANDATORY) LS 1 $ 15,000.00 $ 15,000.00 SUBTOTAL PART R- ADDITIVE NO. 2 (Items Ni thru N2) $ 35,000.00 BID SUMMARY 5 SUBTOTAL PART 1- BREAKWATER CONCRETE CAP REPAIR (Items 11 thru J3) $ 147,812.16 TOTAL ADDITIVE ALTERNATE NO. 1 (PARTS Jl AND J3) BASE BID 147,812.16 SUBTOTAL PART A - GENERAL (Items Al thru A7) $ $ 136,525.00 SUBTOTAL PART B - STREET IMPROVEMENTS (Items 81 thru 88) $ $ 293,237.90 SUBTOTAL PART C- DRAINAGE IMPROVEMENTS (Items Cl thru C5) $ $ 16,126.53 SUBTOTAL PART D - UTILITY ADJUSTMENTS AND CLEANING (Items D1 thru 02) $ 12,092.13 SUBTOTAL PART E - STREET IMPROVEMENTS (Items El thru E33) $ 125,177.37 SUBTOTAL PART F - ADA IMPROVEMENTS (Items Fl thru F4) $ 146,656.12 SUBTOTAL PART G - DRAINAGE IMPROVEMENTS (Items 01 thru G33) $ 368,731.48 SUBTOTAL PART H - UTILITY ADJUSTMENTS AND CLEANING (Items H1 thru H5) $ 28,262.50 SUBTOTAL PART I - LIGHTING IMPROVEMENTS (Items 11 thru 13) $ 75,577.50 TOTAL PROJECT BASE BID (PARTS A THRU I) $ 1,202,386.53 ADDITIVE ALTERNATE NO. I 5 SUBTOTAL PART 1- BREAKWATER CONCRETE CAP REPAIR (Items 11 thru J3) $ 147,812.16 TOTAL ADDITIVE ALTERNATE NO. 1 (PARTS Jl AND J3) $ 147,812.16 ADDITIVE ALTERNATE NO. 2 5 1,202,386.53 SUBTOTAL PART K - GENERAL (Items K1 thru K7) $ 1,350,198.69 103,135.53 SUBTOTAL PART L- WATER IMPROVEMENTS (Items Ll thru L28) 1,982,226.60 $ 425,311.80 SUBTOTAL PART M - WASTEWATER IMPROVEMENTS (Items M1 thru M10) $ 216,392.74 SUBTOTAL PART N - UNANTICIPATED ALLOWANCES (Items N1 thru N2) $ 35,000.00 TOTAL ADDITIVE ALTERNATE NO. 2 (PARTS K thru N) $ 779,840.07 TOTAL PROJECT BASE BID 5 1,202,386.53 TOTAL PROJECT BASE Bit) + ADDITIVE ALTERNATE NO. 1 5 1,350,198.69 TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 2 S 1,982,226.60 TOTAL PROJECT BASE Bit) + ADDITIVE ALTERNATE NO. 1 + ADDITIVE ALTERNATE NO. 2 S 2,130,038.76 Contract Times Bidder agrees to reach Substantial Completion in 120 days Bidder agrees to reach Final Completion in 150 days Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Page 8 of 8 Rev 0113•2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not Tess than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. o Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: Phone: Grace Paving & Construction, Inc. (typed or printed) (signature — attach evidence of authority to sign) Eddie M. Ortiz (typed or printed) President 4237 Baldwin Blvd. Corpus Christi, Texas 78405-3324 (361) 883-3232 Email: gracepaving a©aol.com END OF SECTION Compliance to State Law on Nonresident Bidders North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003002-1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCTI7— PURCHAS G DG DIVISION ..,.� CITY OF CORPUS CHRISTI CCorpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must beanswered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Grace Paving & Construction, Inc. P. O. BOX: N/A STREET ADDRESS: 4237 Baldwin Blvd. FIRM IS: 1. Corporation IN 4. Association CITY: Corpus Christi UP: 78405 - 3324 2. Partnership 9 3. Sole Owner 0 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in o above named "firm." Name Consultant N/A N/A City of Corpus Christi Disclosure of Interest 003005-1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Eddie M. Ortiz (Type or Print) Signature of Certifying Person: Title: President DEFINITIONS Date: ( t Q_ ( ezo ( </ 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. City of Corpus Christi Disdosure of Interest 003005-2 Rev 01.13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: North Beach Area Improvements (Bond 2012) (REBID) Project No(s) E12127 & E12129 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Grace Paving & Construction, Inc. (typed or printed) By: ‘ el4/1 (signature — attach evidence of authority to sign) Name: Eddie M. Ortiz (typed or printed) Title: President Business address: 4237 Baldwin Blvd. Corpus Christi, Texas 78405-3324 Phone: (361) 883-3232 Email: gracepaving@aol.com END OF SECTION Non -Collusion Certification North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 00 30 06 -1 11-25-2013 Hanover Insurance Groupe The Hanover Insurance Company 1440 Lincoln Street, Worcester, MA 01653 Citizens Insurance Company of America 1 645 West Grand River Avenue, Howell, MI 48843 Massachusetts Bay Insurance Company 1440 Lincoln Street, Worcester, MA 01653 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, GRACE PAVING & CONSTRUCTION, INC. hereinafter called Principal, and THE HANOVER INSURANCE COMPANY, a corporation established under the laws of the State of New Hampshire, and/or MASSACHUSETTS BAY INSURANCE COMPANY, a corporation established under the laws of the State of New Hampshire and having their principal office in Worcester, Massachusetts, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, in the penal sum of FIVE PERCENT OF THE GREATEST AMOUNT BID (5% G.A.B.) Dollars for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors administrators, successors and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF CORPUS CHRISTI a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for NORTH BEACH AREA IMPROVEMENTS (BOND 2012) PROJECT NO(s) E12127 & E12129 —(REBID) NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall fumish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and Surety does hereby waive notice of any such extension. 141-0787 (10/04) SIGNED, SEALED AND DATED this 12TH day of SEPTEMBER GRACE PAVING & CONSTRUCTION, INC. BY r1/4; Principal) 2018 (Seal) El MASSACHUSETTS BAY INSURANCE COMPANY BY (Seal) (Attorney-in-fact) 91 THE HANOVER INSURANCE COMPANY BY �-� (Seal) MARY ELLJ IO , (Attomey-in-fact) :e • - i • ••�Ili:. �' V .. 1- THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Steve Addkison, Mary Ellen Moore, Cathleen Hayles, Aaron J. Endris and/or Tricia Balolong Of Higginbotham & Assoc. Inc. of Corpus Christi, TX each individually, if there be more than one named, as its true and lawful attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Thirty Million and No/100 ($30,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attomey and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 17th day of February, 2016. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 17th day of February, 2016 before me came the above named Vice Presidents • The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me pe sonally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS) SURANCE OMPANY OF AMERICA Robert Thomas. Vice President THE HANOVER INSURANCE COMPANY 8 HUS - BAY CC COMPANY CIT- I S ''I'CEOF AMERICA Diane J. o. Notary Public My Commsssion Cxpin. March 4. 2022 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 12THday of SEPTEMBER, 2018 CERTIFIED COPY Theodore G. Martinez, Vice President Table 1— Organization Information Organization doing business as: Winters Construction, Inc Business Address of Principal Office 20440 Cielo Vista, Lot 3 San Antonio, TX 78255 Telephone No. 210.224.7920 Website Form of Business (check one) r1 Corporation • Partnership ❑ Individual If a Corporation State of Incorporation Texas Date of Incorporation 2/28/1991 Chief Executive Officer's Name Charles Winters President's Name Charles Winters Vice President'sName(s) i i 1 1 I Secretary's Name Christina Rhodes Treasurer's Name If a Partnership Date of Organization - 'Form of Partnership: ■ General • Limited If an Individual Name --- I Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership N/A I Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date N/A Indicators of Organization Size Average number of current full-time employees 25 Average estimate of revenue for the current year $ 6,000,000.00 Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 004516-4 Rev 06-22-2016 Table 1— Organization Information Organization doing business as: Winters Construction, Inc Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 N/A 3 4 **We are currently performing work for the City of Ingleside" 2018 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. 2016-2017 Operated under Tropical Contracting, LLC. EMR available upon request. Year 2018 EMR 0.93 Year 2017 EMR N/A Year 2016 I EMR N/A Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. N/A Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. N/A Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. N/A Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. N/A Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. N/A Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 004516-5 Rev 06-22-2016 Table 2 — Project Information Organization doing business as: Winters Construction, Inc Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Aaron Haws Charles Winters Superintendent Xavier Karvahal Raul Martinez Safety Manager Joe Brown Charles Winters Quality Control Manager Aaron Haws Charles Winters I Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more fihan 10 percent of the Work (based on esitimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Utility Work Winters Construction 35% Concrete Paving, curbing, & repair Winters Construction 25% Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor N/A Year EMR Year EMR Year EMR Subcontractor N/A Year EMR Year EMR Year EMR Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 004516-6 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: winters Construction, Inc Project Information Project Name Pat Booker Outfall Description Utility Improvements Reference Contact Information Project Owner City of Universal City Name/Title Matt Otte/Project Manager Telephone 210.658.5364 Email pwmanager@uctx.gov Project Designer Grady Koehl/Jones Carter Project Budget and Performance Original Contract Price $119,586.00 Final Contract Price $119,586.00 # Contract Days 60 # Days Late 0 Issues/Claims/ Litigation: N/A Project Information Project Name Avenue B Outfall Description Drainage/Utility Improvements Reference Contact Information Project Owner City of Ingleside Name/Title Kimberly Sampson/City Secretary ! Telephone 361-776-2517 Email ksampson@inglesidetx.gov Project Designer Craig Thompson - Hansen Inc Project Budget and Performance Original Contract Price $ 2,884,939.00 Final Contract Price In Progress # Contract Days 270 # Days Late -- Issues/Claims/ Litigation: N I p( Project Information Project Name Egery Flats Description Habitat Enhancement Reference Contact Information Project Owner Coastal Bend Bays & Estuaries Program, Inc Name/Title Leo Travino/Project Manager Telephone 361-336-0306 Email Itravino@cbbep.org Project Designer Samuel Saldivar - HDR Inc Project Budget and Performance Original Contract Price $ 781,758.62 Final Contract Price In Progress # Contract Days 100 # Days Late 0 Issues/Claims/ Litigation: NI P Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 004516-7 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: winters Construction, Inc Project Information Project Name I Real Road Description Reference Contact Information Project Owner Name/Title Todd Putman Telephone 210-335-6696 Email tputman@bexar.org Project Designer CAS Consulting & Services, Inc - Lino Rivera Project Budget and Performance Original Contract Price $943,080.00 Final Contract Price $ 943,080,00 # Contract Days I 168 # Days Late 0 Issues/Claims/ Litigation: N/A Project Information Project NameDescription Reference Contact Information Project Owner City of San Antonio Name/Title Telephone 210.207.7640 Email Project Designer Camacho-Hernandez & Associates, LLC - John Hernandez Project Budget and Performance OriginalFinal Contract Price $ 632,681.00 Contract I Price $ 666,257.00 # Contract Days 150 # Days Late Issues/Claims/ Litigation: N/A Project Information Project Name Salado Creek Description i Bridge/Drainage Improvements Reference Contact Information Project Owner BexarCounty Name/Title Todd Putman Telephone 210.335.6696 Email tputman@bexar.org Project Designer Cobb Fendley & Associates - J. Abel Guzman Project Budget and Performance Original Contract Price $ 3,498,400.00 Final Contract Price $ 3,629,861.40 # Contract Days # Days Late Issues/Claims/ Litigation: Work performed under Tropical Contracting Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 004516-8 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: 1 Winters Construction, Inc Project Information Project Shaenfield Subdivision Name Description Reference Contact Information Project Owner BexarCounty Name/Title Todd Putman Telephone 210.335.6696 Email Project Designer Project Budget and Performance Original Contract Price $ 2,419,983.00 Final Contract Price I $ 2,419,983.00 # Contract Days # Days Late Issues/Claims/ Litigation: Work performed under Tropical Contracting, LLC Project Information Project Name North Bishop Street, San Marcos Description Reference Contact Information Project Owner City of San Marcos Name/Title Shaun Condor Telephone 512.393.8134 Email scondor@sanmarcostx.gov Project Designer LJA Engineering - Riley Sladek Project Budget and Performance Original Contract Price I Final Contract $ 288,446.72 I Price Awarded- Not Started # Contract Days I Days I Late Issues/Claims/ Litigation: Project Information Project Name Woodcliff Blvd Reconstruction Description Reference Contact Information Project Owner City of Selma Name/Title Larry Berner Telephone 210.651.7828 Email Project Designer M & S Engineering Project Budget and Performance Original Contract Price I Final Contract $ 761,800.00 Price I $ 761,800.00 # Contract Days I # Days I Late Issues/Claims/ Litigation: Work performed under Tropical Contracting, LLC Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 004516-9 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: winters Construction, Inc Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. No Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. No i 1 Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. No The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? 6 Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? 6 Yes ❑ No 3 Does the Bidder have an active construction safety training program? Xi Yes o No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding Yes o No ❑ N/A B. Excavation ti Yes o No o N/A C. Cranes & Hoists 6 Yes o No o N/A D. Electrical 6 Yes o No o N/A Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 00 45 16 - 10 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Winters Construction, Inc E. Fall Protection i Yes o No o N/A F. Confined Spaces 6 Yes ❑ No ❑ N/A G. Material Handling 6 Yes o No ❑ N/A H. Demolition 6 Yes o No o N/A I. Steel Erection o Yes ❑ No 6 N/A J. Underground Construction 6 Yes o No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. ❑ Yes 6 No , 6 Does the Bidder have an experience modifier rate of 1.0 or Tess? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. Yes o No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. o Yes 6 No Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 00 45 16-11 Rev 06-22-2016 Table 5 — Demonstrated Minority, MBE, DBE Participation Organization doing business as Winters Construction, Inc Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Unknown at this time Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 00 45 16 - 12 Rev 06-22-2016 ARTICLE 5 — CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the or;. • . ion to an agreement. Bidder: By: Name: Title: Winters 2. struc I (typ Charles Winters nted) (individual's signature) (typed or printed) President Designated Representative: Name: Title: Address: (typed or printed) Aaron Haws Project Manager 20440 Cielo Vista, Lot 3 San Antonio, TX 78255 Telephone No.: 210.224.7920 Email: ahaws@winterscon.net END OF SECTION Statement of Experience North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 00 45 16 - 13 Rev 06-22-2016 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State Rolando B. Pablos Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that the attached is a true and correct copy of each document on file in this office as described below: WINTERS CONSTRUCTION, INC. Filing Number: 118355100 Articles Of Incorporation Phone: (512) 463-5555 Prepared by: SOS -WEB February 28, 1991 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on July 25, 2018. Rolando B. Pablos Secretary of State Come visit cis on the internes al https././www.sos.siale.tx. us/ Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services TID: 10266 Document: 827113720004 I s 3 IfrtherOffi of4the 4 Secretary of State of Texas FEB 2 81991 Corporations Section ARTICLES of INCORPORATION of WINTERS CONSTRUCTION, INC. The undersigned natural person of the age of eighteen years or more, acting as incorporator of a corporation under the Texas Business Corporation Act, does hereby adopt the following Articles of Incorporation for such corporation. INC. ARTICLE ONE The name of the corporation is WINTERS CONSTRUCTION, ARTICLE TWO The period of its duration is perpetual. ARTICLE THREE The purposes for which the corporation is organized is to engage in the transaction of any or all lawful business for which corporations may be incorporated under the Texas Business Corporations Act. ARTICLE FOUR The aggregate number of shares which the corporation shall have authority to issue is One Hundred Thousand (100,000) shares with par value of One Dollar ($1.00) each. ARTICLE FIVE The corporation will not commence business until it has received for the issuance of its shares consideration of the value of One Thousand ($1,000.00) Dollars, consisting of money, labor done, or property actually received. ARTICLE SIX The street address of its initial registered office is: 5318 Neer, San Antonio, Texas 78213, and the name of its initial registered agent at such address is CHARLES O. WINTERS. 5 3 0 2 8 4 5 ARTICLE SEVEN The number of Directors constituting the initial Board of Directors are two (2), and the names and addresses of the persons who are to serve as Directors until the first annual meeting of the shareholders or until their successors are elected and qualified are: Name Address Charles O. Winters 5318 Neer San Antonio, Texas 78213 Donna Hansen 5318 Neer San Antonio, Texas 78213 ARTICLE EIGHT The name and address of the incorporator is: Name Charles 0. Winters Address 5318 Neer San Antonio, Texas 78213 IN WITNESS WHEREOF, the undersig ed has ex- . _ted these Articles of Incorporation on thisTelr. 991. CHARLES O. WINTERS STATE OF TEXAS COUNTY OF BEXAR 1, lekA LI dneenlbio,na NOTARY PUBLIC, do hereby certify that on this an`fr` day of Fe•}0`1-)F47 , 1991, personally pp a eared before me, CHARLES 0. WINTERS who being by me first duly sworn, declared that he is the person who signed the foregoing document as incorporator, and that the statements therein contained are true. IMELDA MARIE CARRINGTON ',.c MY COMMISSION EXPIRES March 29, 1993 NOTARY PUBLIC, State of Texas WORKERS COMPENSATION EXPERIENCE RATING Risk Name: WINTERS CONSTRUCTION INC Risk ID: 420129629 Rating Effective Date: 07/31/2018 Production Date: 06/21/2018 State: TEXAS State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses Tx .05 0 3,07E 4,964 .1,888 0 25,125 0 0 (A) Wt (B) (C) Exp Excess Losses D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H -I) (G) Ballast (H) Act Inc Losses (I) Act Prim Losses .05 3,076 4,964 1,888 0 25,125 0 0 Primary Losses Stabilizing Value Ratable Excess Totals Actual (1) 0 C*(1-A)+G 2,047 (A)* (F) 0 (J) 28,047 Expected (E) 1,888 C*(1-A)+0 28,047 (A)*(C) 154 (K) 30,089 ARAP FLARAP , SARAP MAARAP Exp Mod Factors (J)/(K) .93 Carrier: 12637 - 019 Policy: UB6K2190121826b Eff-Date: 03/01/2018 Exp -Date: 03/01/2019 Copyright 1993.2018, All rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service furnished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service 'as is". V - Page 1 of 2 WORKERS COMPENSATION EXPERIENCE RATING CZRisk Name: WINTERS CONSTRUCTION INC Risk ID: 420129629 Rating Effective Date: 07/31/2018 Production Date: 06/21/2018 State: TEXAS 42 -TEXAS Carrier: 29939 Firm ID: Firm Name: WINTERS CONSTRUCTION INC Policy No. 0001291695 Eff Date: 07/31/2015 Exp Date: 07/31/2016 Code ELR D- Ratio Payroll Expected Losses Exp Prim Losses Claim Data IJ OF Act Inc Losses Act Prim Losses 5200 1.49 .38 134,077 1,998 759 8810 .04 .40 34,817 14 6 Policy Total: 168,894 Subject Premium: 6,197 Total Act Inc Losses: 0 23,054 42 -TEXAS Carrier: 29939 Firm ID: Firm Name: WINTERS CONSTRUCTION INC Policy No. 0001291695 Eff Date: 07/31/2016 Exp Date: 07/31/2017 Code ELR D- Ratio Payroll Expected Losses Exp Prim Losses Claim Data IJ OF Act Inc Losses Act Prim Losses 5200 1.49 .38 193,872 2,889 1,098 5606 .29 .38 18,687 54 21 8810 .04 .40 23,054 9 1 4 Policy Total: 235,613 Subject I Premium: ! 8,772 Total Act Inc Losses: 0 Copyright 1993-2018, All rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service furnished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service 'as is". Total by Policy Year of all cases $2000 or less. D Disease Loss C Catastrophic Loss E Employers Liability Loss X Ex -Medical Coverage # Limited Loss U USL&HW V-Page2of2 CHARLES O. WINTERS DIRECTOR OF OPERATIONS/ SENIOR PROJECT MANAGER 210-224-7920 210-224-7924 Fax 210-845-4836 Cell Email: cwinters@winterscon.net MISSION: Exceed Customer Satisfaction by Building Projects with quality, on time and on budget. Charlie is a top professional expert in Civil and Building Construction with thirty five years experience. Charlie is the consummate builder. He is dedicated to bringing the project to fruition on schedule and within budget, without sacrificing quality in any manner. Charlie is a problem -solver and an innovator to the first degree. He is very well versed in all forms of Civil and building construction techniques and has the ability to apply workable, common sense solutions to complex construction issues. He is very knowledgeable about all Federal and Government construction regulations and procedures. SUMMARY OF QUALIFICATIONS: ✓ 40 years working in the construction industry involving all phases of the construction business ✓ Strong experience in civil construction, road work, street work, site utilities, foundations, parks and recreational areas, etc. ✓ Strong experience with commercial buildings, concrete, river projects, park projects, schools. ✓ Experience in multi-million dollar projects ✓ Excellent communication skills with all the trades ✓ identify problems before they become large ✓ Exceptional skills of tracking costs and keeping projects within budget ✓ Excellent knowledge of Timberline estimating program, Primavera scheduling, Microsoft project management, etc. ✓ Excellent in working with difficult and problem projects PROFESSIONAL EXPERIENCE Winters Construction, Inc / Tropical Contracting, LLC 1985 to present Director of Operations / Project Manager EDUCATION:U.S. Navy 1965-1969 Airplane Technician Construction Management, Construction Estimating Highway/Heavy Construction Structural Systems Primavera scheduling, Critical Path Scheduling Schematic Design, Structural Systems, Environmental Systems Certified OSHA /FIRST AID; Quality Control USA CE Sample of Projects Completed by Charlie Winters 1. Riverwalk projects - Restoration, Improvements, sidewalks, retaining walls, bridges ( various orders) 2. Remodel rest area for TXDOT in Victoria, Texas 3. Building addition 50,000 sqft two story addition to Bonham Elementary School 4. Cow Creek Campground and Intersection 5. El Dorado Bridge 6. Civic Plaza San Antonio (Won Mayors Award) Won a Mayors Award 7. Trolley Car Station Stairway and elevator 8. Four Buildings — Foundations and buildings installation -USCG 9. Riverwalk ADA 3 New sidewalks Yanaguana to old library ( Won a National Public Works Award) 10. Four Modular buildings including foundations 11. Craig Facility Maintenance 12. Remodel the McCreless Branch Library 13. New roads, trails and bathroom remodel for ADA at McCallister Park for San Antonio Parks 14. Install a second and third floor inside an existing training bldg. Randolph AFB 15. San Antonio Parks- New trails and playground at OP Schnapel (Won a Tree Preservation Award) 16. Alabama and Brandy Bridge 17. Third floor finish -out for the TxDot O.C.C. 18. Riverwalk ADA 2 New sidewalk and walk bridge 19. Hotchkiss Fish Hatchery 20. Asphalt Repairs Hotchkiss 21. Drainage Improvements - Lackland AFB $12,500,000 $3,500,000 $2,750,000 $2,000,000 $1,700,000 $1,400,000 $1,500,000 $1,300,000 $1,200,000 $1,250,000 $1,050,000 $ 925,000 $ 900,000 $ 750,000 Pk $ 600,000 $ 488,000 $ 475,000 $ 450,000 $ 450,600 $ 400,000 Arron Haws Project Manager/Estimator WORK EXPERIENCE Civil Project Manager/Estimator Winters Construction — San Antonio, TX — 2018-02 — Present Reviews project proposal to coordinate financial, timing and procedures to complete project on time and within budget. Establishes work plan and staffing for each project phase; coordinates on recruitment efforts. Consults with project staff to outline work plan and assign duties, responsibilities and authority. Directs and coordinates activities of project personnel to ensure project progresses on schedule within prescribed budget. Analyzes status reports for management, client, or others. Collaborates with project personnel to provide technical advice and to resolve problems. Coordinates project activities with governmental agencies and subcontractors. Analyzes and executes CPM based project schedules. Manages Engineers, Superintendents, and Foremen who supervise other project employees. Responsible for overall direction, coordination, and evaluation of assigned employees. Assemble and Review project estimates using Heavy Bid software. Civil Project Manager/Estimator Faber Construction - Lynden, WA - 2013-09 — 2018-02 Reviews project proposal to coordinate financial, timing and procedures to complete project on time and within budget. Establishes work plan and staffing for each project phase; coordinates on recruitment efforts. Consults with project staff to outline work plan and assign duties, responsibilities and authority. Directs and coordinates activities of project personnel to ensure project progresses on schedule within prescribed budget. Analyzes status reports for management, client, or others. Collaborates with project personnel to provide technical advice and to resolve problems. Coordinates project activities with governmental agencies and subcontractors. Analyzes and executes CPM based project schedules. Manages Engineers, Superintendents, and Foremen who supervise other project employees. Responsible for overall direction, coordination, and evaluation of assigned employees. Assemble and Review project estimates using Heavy Bid software. Project Manager/Estimator Growler Enterprises - Salt Lake City, UT - 2007-11 - 2013-10 Civil construction contractor, working in Utah, Wyoming, Colorado, and Nevada. Transportation division deployed nationally as well as local division. • Estimate and submit bids per plans and specs provided. • Execution of the project contract terms and conditions including, but not limited to: technical specifications, agreements, general and supplemental conditions, submittal requirements, permit requirements, drawings and specifications, quality control requirements and reporting, health and safety requirements and reporting, operational and technical requirements and reporting, schedule requirements and reporting, schedule related damages, measurement for payment provisions, payment processes, change order provisions, contract close- out requirements. • Manage all subcontracts and other outside services and approve vendor invoices for payment. • Prepare submittals, change orders, reports and correspondence for submission to clients and engineer. • Manage project billing to client and payment of vendors, suppliers and subcontracts. • Lead contractor performance review and coordination meetings. • Monitor construction work quality, costs and schedule. • Manage transportation operations and safety programs Construction Manager Terrabrook - Dallas, TX - 2005-02 - 2007-11 for 3800 -acre mixed use mountain development project named Suncrest in Draper, Utah. • Oversee all construction activity on project. • Prepare bid documents and contracts to qualified contractors. • Assist with negotiation and preparation of subcontracts, including developing scope of work. • Draft and distribute monthly job status reports. • Review and approve monthly subcontractor invoices and request for payments. • Negotiate and approve change orders and update master project budget and cost breakdown accordingly. • Review and monitor shop drawings, contract documents, submittals, request for information, change orders, material delivery logs and other logs as determined necessary for running a successful project. • Conduct final inspections, prepares punch lists, and collects documentation for closing out of contracts • Prepares daily reports, takes progress photos, maintains record document information Superintendent Foothills Construction - Colorado Springs, CO - 1999-03 - 2004-12 • Residential and commercial land development contractor working in Excavating, utilities, and structural concrete construction. Complete projects per the construction plans and specifications within the specified construction schedule. Daily detailed and thorough documentation of construction process by way of daily reports and photographic documentation. Oversee Pipe, mass excavation, and concrete crew foreman on several projects throughout Colorado. • Maintains safe, secure, and healthy work environment by following and enforcing standards and procedures; complying with legal regulations. • Train and operate on all types heavy equipment. Heavy equipment operator General Labor - 1995-04 - 1999-03 • Set grade and general layout • Install water, sewer, and storm drain lines • Rough, sub, and finish grade Aircraft Mechanic United States Air Force - Rapid City, SD - 1991-12 - 1995-04 Duties were to inspect aircraft, perform maintenance and overhauls, make repairs, and conduct tests to keep equipment operating efficiently and safely. Inspect and test airframe and power plant work on the airframe, including the fuselage, wings, brakes, and tail assembly, fuel tanks. Brakes, and landing gear. Launch and recover aircraft safely, collect data and notify specialists as needed to perform repairs. Site Supervisor Haws Construction - Salt Lake City, UT - 1989-06 - 1990-12 EDUCATION U.S.A.F. Tech School - Wichita Falls, TX SKILLS MS office, HCSS, Bluebeam, Adobe, procore Javier Carvajal Superintendent Winters Construction, Inc/Tropical Contracting, LLC 2000 Present Superintendent • Supervise large Civil Projects, Road work, Park projects, paving, concrete work, excavation projects, site concrete on local military bases, TxDOT, ADA compliance projects. • Remodel rest area for TxDOT in Victoria, Texas • New roads for ADA at McAllister Park • New trails and playground at OP Schnabel Park • New trails and playground at Monterrey Park for SA Parks • Sidewalks, excavate under existing building • Riverwalk extension PREVIOUS EXPERIENCE: Winters Construction, Inc., San Antonio, Texas 1998-2000 • Superintendent since 2000 • Carpenter from 1998 to 2000 • Started as carpenter doing concrete, paving, sidewalks and walls on Riverwalk and downtown. • Adobe Construction 1995-1998 • Started out as a laborer and became a carpenter installing sidewalks and curbs. EDUCATION: • High School Graduated 1979 • Journeyman Carpenter -Council of Carpenters • OSHA 40 hours Construction Safety and Health • Computer skills: Microsoft, Word, Outlook • First Aid and Safety Certification- OSHA Pro Institute • Cardio -Pulmonary Resuscitation certification- OSHA Pro Institute • Electrical Safety • Fall Protection • Scaffold Erection and Safety TROPICAL CONTRACTING, LLC Page 2 Javier Carvajal — SUPERINTENDENT PROJECT LIST PROJECT DESCRIPTION VALUE Riverwalk projects - Restoration, Improvements, sidewalks, $12,500,000 retaining walls, bridges Remodel rest area for TxDOT in Victoria, Texas $3,500,000 Building addition 50,000 sgft two story addition to $2,750,000 Seeling Channel — City of San Antonio/Laughlin & Tyssen $2,060,000 San Fernando Cathedral (Won Mayors Award) $1,400,000 Won a Mayors Award Trolley Car Station Stairway and elevator $1,500,000 Four Buildings — Foundations and buildings installation -USCG $1,300,000 Riverwalk ADA 3 New sidewalks Yanaguana to old library $1,200,000 ( Won a National Public Works Award) New roads, trails and bathroom remodel for ADA $ 900,000 at McAllister Park for San Antonio Parks Install a second and third floor inside an existing training bldg. $ 750,000 Randolph AFB San Antonio Parks- New trails and playground at OP Schnabel Park $ 600,000 (Won a Tree Preservation Award) Third floor finish -out for the TxDOT O.C.C. $ 488,000 Riverwalk ADA 2 New sidewalk and walk bridge $ 475,000 Restroom at Yanaguana Ticket Booth $ 450,000 New trails and playground at Monterrey Park for SA Parks $ 400,000 Remodel the concourse at Freeman Coliseum $ 350,000 Remodel 25,000 sqft building for Texas MHMR $ 350,000 Rework sidewalks, excavate under existing building, $ 265,000 Waterproof existing windows at Lackland AFB Riverwalk ADA H/C Ramps at La Villita, in front of the Hilton $ 250,000 Walzern Clinic — Building Renovation $ 160,000 Raul Martinez Superintendent SUMMARY OF QUALIFICATIONS: • 20 years working in the construction industry and specialized in Civil Construction • Strong experience in road work, street work, site utilities, foundations, parks and recreational areas • Strong leadership skills • Excellent team player EXPERIENCE Winters Construction, Irtc/Tropical Contracting, LLC Superintendent Experience with road work, parks, site utilities, greenways, Trails, campgrounds. Attached sample of projects 2014 — Present PHI Construction 2013-2014 Civil Construction Foreman Distribution Construction- Civil Construction Foreman 2012-2013 Ballenger Construction — Civil Construction Foreman 1995-2012 EDUCATION: • Highschool - California • Certified OSHA / FIRST AID PROCUREMENT AGENCY City of San Antonio Bexar County City of Selma City of San Antonio Aransas County Bexar County VA Hospital Acute Mental Sample of Projects Crocket Bridge Bulverde Road Pedestrian Alton Boulevard Reconstruction Culebra/Helotes Creek Greenway Aransas County Drainage Improvements Macdona Streets Reconstruction 202886 Building - Eight Basements, concrete, utility work DATE VALUE 2017 $350,000 2016 $848,000 2015 $559,194 2015 $1,556,242 2015 $484,000 2014 $2,464,000 2012 $575,000 Joseph Brown Survey Manager/Chief of Crews/Safety Manager WORK EXPERIENCE Survey/Safety Manager Winters Construction, Inc - San Antonio, TX — March 2014 to Present Responsibilities -Manage the daily operations of the surveying needs of the company. Also, Perform calculation of field data and make working drawings for recordation. Responsible for the company safety program, safety inspections Survey Manager G.E. Re&ves Engineering, Inc. - San Antonio, TX - June 2012 to March 2014 Re.sponsibilities-Manage the daily operations of the Survey Dept. Also, Perform calculation of field data and make working drawings for recordation. Accomplishments I organized the survey operations to perform efficiently. Skills Used AutoCAD, Research, Office and Field Calculations Party Chief John Chance Land Surveying - San Antonio, TX - January 2011 to June 2012 Responsibilities Boundary, Staking, & Asbuilt Survey ofrig locations. Completed all necessary field notes and paperwork as leader of a 3 -man survey crew. Party Chief/Survey Technician GE Reaves Engineering, -Inc. - San Antonio, TX - April 2009 to January 2011 Responsibilities Performed duties of both AutoCAD Tech and Field Technician EDUCATION GIS/GPS (Drafting & Design) Texas State Technical College - Waco, TX 2000 to 2001 Military Certification in Field Surveying Palomar College - San Marcos, CA 1990 to 1990 SCHEDULE C - LIST OF MAJOR EQUIPMENT AVAILABLE ITEM PURCHASE DATE CONDITION ACQUIRED VALUE 1996 Grove Crane 12/19/12 Good Komatsu Excavation 10/25/16 New 2011 CAT Front End Loader 12/07/15 Good 2012 Volvo PT 125 Roller 04/30/15 Good Dynamic 84" Roller 01/15/15 New CAT CB14B Asphalt Paver 03/13/14 Good Dynamic CA2500 Vib Roller 02/20/14 Good Mini Excavator (1) 03/19/14 Good CAT Front End Loader 04/13/13 Good Cat Skid Steer 09/28/15 Good Kenworth Dump Truck 07/12/12 Good CAT Track Loader 09/16/13 Good TopCon w/Attachements 08/29/17 New Total Station 08/17/17 New Hitachi Backhoe 02/18/08 Good GPS System 04/13/13 New EJCDC C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 00 30 00 BID ACKNOWLEDGEMENT FORM' ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by GPc CL-Li�, 1; Sz'. t (type or print name of company) on: September 12, 2018 at 2:00 P.M. for Project No(s) E12127 & E12129, North Beach Area Improvements (Bond 2012) (REBID). 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.cj. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid — Project No(s) E12127 & E12129, North Beach Area Improvements (Bond 2012) (REBID) All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS •. 7 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. • 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following,Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt aLL---tV' I cl,k- Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 003000-1 Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefullystudied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. • 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding siulIsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. .z. 3.06 The Bidder has considered the items identifi&l in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, anddocuments on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at.the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Bid Acknowledgement Form North Beach Area Improvements — Project No(s)'E12127 & E12129 (REBID) 003000-2 Rev 01-13-2016 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notic5f all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, ap,d reserves the right to require the submission of additional information. 5.02 The Owner has the right -to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentationfsubmitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF Bid Acknowledgement Form North Beach Area Improvements — Project No(s) E12127 8 -E12129 (REBID) 003000-3 Rev 01-13-2016 EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner -resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder will complete the Work required to be -substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. ' 6.02 Bidder agrees that the Work will be substantlaIly complete and will be completed and ready for final payment in accordance with Paragrapha5.06 of the General Conditions within the number of days indicated. ARTICLE 7 —ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meaningindicated in the General Conditions and the Supplementary Conditions. The significanct5f terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal nam, state of residency, and federal tax identification number in the Bid Form. 1. 10.02 The Bidder, or the Bidder's authorized repre$entative, shall sign and date the Bid Form to accompany all materials included in the subTitted Bid. Bids which are not signed and dated in Bid Acknowledgement Form North Beach Area Improvements— Project No(s) E12127 &E12129 (REBID) {. 003000-4 Rev 01-13-2016 this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. - 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. • Bid Acknowledgement Form 00 30 00 - 5 North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Rev 01-13-2016 ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: C. T^\( -3\-t C-• N9A CX1,..T (typed o 754 ted II legal name of Bidder' By: Name: Title: Attest: • (iridividuai's signature) ,s1-1Le 1 (typed or p inted) (typed Qr prin d) JA (indivi I s t State of Residency: Federal Tax Id. No. Address for giving notices: Phone: re) 1 XTI '7 34i LLO C,2z c( (Lei' 3 (0(mak' ZZ Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 00 30 00 - 6 North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) Rev 01-13-2016 00 30 01 BID FORM Project Name: North Beach Area Road Improvements & Area Beautification (Bond 2012) (REBID) North Beach Breakwater, Plaza, North Shoreline Repair & Enhancement (Bond 2012) (REBID) Project Number: E12127 (Part 1) E12129 (Part 2) Owner: City of Corpus Christi Bidder: CPC. \.c-- - LA --f, '0\e' c. LA...A.,1--'. 4+vVtwi OAR: Bonds and Insurance Designer: UA Engineering, Inc. 39;700. v3.. Re.., DESCRIPTION UNIT ESTIMATED QUANTITY I UNIT PRICE EXTENDED AMOUNT BASE BID (PARTS 1 & 2) PART A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al. Mobilization (Max 5% of Project Total) LS 1 p g3/ 0 s -o.`" , 3 r 8 S0 - A2 Bonds and Insurance LS 1 39;700. v3.. lig .M3 1 A3 Storm Water Pollution Prevention Plan LS 1 1(o` 125. - ((I, 12.S. o., A4 Traffic Control Items (Signs, Barricades, Channelizing Devices, etc.) MO 4 2S 41- 3a cif 30. S o AS Traffic Control Plan and Prep EA 1 & 1f0 , ).-5. 4, cis(' , A6 Traffic Control Mobilization/Adjustments EA 1 3 228 , '2 ° 322S-. 4'' A7 Ozone Action Day DAYS 5 //3.-0 9 (, 7 . S o SUBTOTAL PART A - GENERAL (Items Al thru A7) / S 8/4,8 Z .1° PART 1- PROJECT NO. E12127 PART B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Street Excavation SY 477 ( 0.97 5,z3 o. 31 62 Remove Existing HMAC SY 1,308 ('Z , q 1101E11,17..3 63 13" Pavement Reclamation (with 11% High Early Strength Cement), (Incl. Reclamation Base Beneath Curb to 1' B.O.C.) SY 6,256 2y _ S 1/53,33Y, S4 B4 Prime Coat (0.20 Gallons/SY) GAL 1,174 LI , (r 2 S' q 21 . 7 7 55 3" Type 'D' HMAC SY 5,870 27/.°9 / 5g 0/5, 3-e 76 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Stop Bar LF 22 I 19. 31- H 2.5 , i ' 07 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Crosswalk LF 170 19.1C 3 2 % ct . S o 138 Street Allowance (MANDATORY) LS 1 $ 25,000.00 2.5/ p.3o SUBTOTAL PART B - STREET IMPROVEMENTS (Items B1 thru B8) 3 (, $ S 4 3 , 3 3 PART C - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl Clean Out Existing Curb Inlet EA 3 $O (/. 2 5 2. y 1 $ , 1 S C2 Clean Out Existing Manhole EA 4 1'4 Cl • z$ 43s3, 7 S' Bid Form North Beach Area Improvements— Project No(s) E12127 & E12129 (REBID) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 1 of 8 Page 1 of 8 Rev 0113.2016 00 30 01 BID F03?: Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT C3 Clean Out Existing 15" RCP LF 377 32- Sit 12, 21,` , 32 C4 Clean Out Existing 18" RCP LF 35 Pi 1 12. . 12.11'1 . 2 CE Clean Out Existing 24" RCP LF 334 't -f 0 "'? 3 t 3 , L o2.. 0 SUBTOTAL PART C - DRAINAGE IMPROVEMENTS (Items Cl thru CS) 3%24 OS . 2.4 PART 0 - UTILITY ADJUSTMENTS AND CLEANING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 1Clean and CCTV Existing 8" Wastewater Line LF 621 I'L . 1) le 99 . % t/ D2 !Clean Existing Wastewater Manhole LF 4 tO(o. 2,5 3 2.25 . c� SUBTOTAL PART D - UTILITY ADJUSTMENTS AND CLEANING (Items 01 thru D2) 11i 115.71 PART 2 - PROJECT NO. E12129 PART E - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 51 Remove Existing HMAC SY 555 1 2. g o 1 15 Q. 5' E2 Remove Concrete Driveway SF 960 / (r , 13 15; 4'8 0 E3 Pemove Parking Meter Post EA 35 / 0 7 S gni 02.5- E4 Adjust Gas Valve Box EA 1 q S q, (d o qS4 . G o E5 Concrete Driveway SF 3,207 /2..24 39 3 o 1. 7 4 56 Stamped & Stained Concrete Crosswalk SF 769 / q/. 2 + 1 , Z4 Z . 7s E7 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Stop Bar LF 12 19.3S" 2 3 2.. 2. 0 E8 'Reflective Pavement Markings TY.1(W) (12") (SLD) (100 mil) - Crosswalk LF 191 C . (1 Q2 /0q7.97 59 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Crosswalk LF 69 / q. 3c / 3 3.5". 1 5- E10 Fire Lane Striping (Red) LF 1,128 / , i J / 23 G . gc Ell 'Reflective Pavement Markings TY.1 (Y) (4") (SLD) (100 mil) LF 2,705 . "7 7 2093. 47 E12 Reflective Pavement MarkingsTY.1 (W) (4") (BKN) (100 mil) LF 210 , Ls' / 3 T. 4S- E13 Reflective Pavement Markings TY.1 (W) (8") (SLD) (100 mil) LF 49cy !.2 �i3• 2 E14 ' Prefabricated Pavement Markings TY.1 (W) (Arrow) (100 mil) EA 2 2.5'1, s/ le . oQ Els Prefabricated Pavement Markings TY.1 (W) (Combo Straight/Left Turn Arrow) poo mil) EA 2 y>�3, '} $ qG7. 5-13 516 Accessible Space Marking EA 11 / 93. S-1' Z. f Z.B. Sv E17 Raised Reflective Pavement Markings (TY.I-C) White EA 14 / O. 3 2 J t-/ K . ti 8 E18 Raised Reflective Pavement Markings (TY.II-B-B) Blue EA 4 / 0 , 3 2. .../ 1 . 1 6 E19 Combo Stop Sign (R1-1)/Street Name Sign (Incl. Metal Pole and Foundation) EA 1 q (.7 . Sp 4 tr 7 . 5 0 E20 Combo Do Not Enter (R5-1)/Street Name Sign (Incl. Metal Pole and Foundation) EA 1 g-3 $ .5° $ 3 8 , 5 Bid Form North Bccch Area Improvements - Project No(s) E12127 & E12129 (REBID) iADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 2 of 8 Page 2 of 8 Rev 01-13-2016 00 30 01 BID FOFPL Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT E21 No Parking Sign (R7-1) (Incl. Metal Pole and Foundation) EA 1 G ( 2, .1 5" (, 12 , 1 S E22 One Way (R6 -2R) (Incl. Metal Pole and Foundation) EA 1 (, t Z , 7 S (412,1 S E23 (One Way (R6 -2L) (Incl. Metal Pole and Foundation) EA 2 (.t ) 2 . Z S (22 S. 59 E24 Pedestrian Crossing (W11-2) (Incl. Metal Pole and Foundation) EA 4 6 / 2 . 75 'L' -f 51 E25 Combo Reserved Parking/Vehicle Permit Fine/Van Accessible Placard (Incl. Metal ;Pole and Foundation) EA 5 fJ $ o. S° �' 0-2.' 5 o E26 ,Combo Reserved Parking/Vehicle Permit Fine (Incl. Metal Pole and Foundation) EA 6 5' 50. 5c, 1,.‘ 53 , E27 2" Sch. 40 Parking Meter Post (36" Tall) EA 42 Li 3, G) 1 $ 3 i. S' E23 Inlet Protection EA 14 o° 3i3/' 541 ( to E29 'Silt Fence LF 65 5 i) V 33 s" , y O E30 •Revegetation (Hydromulch) SY 592 I , 21 -7 V 1.1'5 E31 'Precast Concrete Bench Seating EA 20 3 q -70 111 900. E32 5" Reinforced Concrete Slab SF 557/ t./ BY I , Vt.-4.03.1c E33 Street Allowance (MANDATORY) L5 1 $ 25,000.00 Z S, 00° SUBTOTAL PART E - STREET IMPROVEMENTS (Items El thru E33) 'L S `';, 4 I 1. 31, PART F - ADA IMPROVEMENTS (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 ' Remove Existing Concrete Sidewalk and Ramps SF 6,039 (� •. L( S 38, IS/. S$ F2 1Concrete Sidewalk SF 20,878 f/ . (v 1 2 y2/ 3'13. 58 F3 ISidevralk Ramp SF 930 .O . 4L/ f q, 4o F4 '5" Concrete Bollard EA 1 4 4 71 , 2,- 2 1 0 O , 4'1% SUBTOTAL PART F - ADA IMPROVEMENTS (Items Fl thru F4) 303/ 214/. 33 PART G - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 Rerncve Curb and Gutter 1 LF 1,029 32./5' 33, /$S. ZS G2 Remove Existing 5' Curb Inlet EA 4 (+ & ( • o o 'V/ ciq 63 Remove Existing Grate Inlet EA 1 12 ,1 a / Z q 0 G4 Remove Existing Type 'A' Manhole EA 2 3'870 '7 i Y." 65 Remove Existing Junction Box EA 2 S. i (oo /0, 3 2.. O G6 Remove Existing Concrete Flume LF 20 90.3 / g o .. Do G7 Remove Existing 6" PVC LF 12 4S . If 5.j/ gra G8 Remove Existing 15" RCP LF 366 3 $ • t0 1 1, oft, G o G9 Cut, Cap, Grout and Abandon -in -Place Existing 15" RCP LF 23 Z").°1 Z 0 if 1. 2. 3 Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) 1ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 3 of 8 Page 3 of 3 Fc. 0:•:3-23:6 0030 C_ ;ID DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 610 Clean Out Existing 5' Curb Inlet EA 3 Lg 3 , 7$ / tf S 1. -7-5- G11 Clean Out Existing Manhole EA 7 got. , Z S 5(.13 .-75- -7SG12 G12 Clean Out Existing 12" RCP LF 155 3S , 12, 5 `'1 `13 . OS G13 Clean Out Existing 15" RCP LF 113 34, . +-j 1 -1 1 l 3,15' C:_4 C'nanOut Existing 24"RCP LF 63 43.g(/ 2.-71.3 ,t 615 ( Clean Out Existing 36" RCP LF 728 $94-7 ( 61 7 (.6,S C=6 Clear, Out Existing 42" RCP LF 366 1iit, °' t;(^]r 2./V. m4 617 'Clean Out Existing 48" RCP LF 867 , 3 q , S 1 / 1 ", $7,$'- Qt 618 13" Schedule 40 PVC LF 62 LIC./5- 2:1 ` 'I. 3 619 13" Schedule 40 PVC Clean Out EA 3 , (012 , sv 4 a 3 7. o G20 Core Existing 12" Concrete WaII EA 3 3225 . e, q V l S 621 118' RCP, ASTM C-76, WaII B LF 251 11(/119 21, 1`2. 44' 622 . ;" RCP, ASTM C-76, WaII B LF 55 i 1313 • $'c1 '14•39., G23 Pipe Trench Safety LF 3C6 2.. s t -'1 'set • `{ $ G24 .5' Diameter Type 'A' Manhole EA 2 / 0 320 2 0/ le 4 0 G25 j6' Diameter Type 'A' Manhole EA 2 /2., 90° 2'5, goo 625 ,Type 'D' Manhole with Modified Ring and Cover EA 4 / t(/ 1(35- 5 q r 3 (iv 627 • Manhole Trench Safety EA 8 10 3 2 ce z. S C. G28 Adjust Manhole Ring and Cover EA 5 / , I 2.. S° cap G 2. S'O 629 i 5' Curb Inlet with Modified Bottom EA 5 3 $ ? p / 9, 3 5-q G30 ;Grate Inlet EA 3 2. ( zS . S' 4 3 .5"..13-- G31 ,Std. 6" Curb and Gutter LF 921 ZS . 3 7 2. 3 . 3 LJ • 17 G32 Std. 6" Reverse Curb and Gutter LF 292 3 C1, r 2 / 0, Sys, c'V G33 Drainage Allowance (MANDATORY) LS 1 $ 25,000.00 2s; ao0 SUBTOTAL PART G - DRAINAGE IMPROVEMENTS (Items G3 thru G33) 5-79) y f y. " PART H - UTILITY ADJUSTMENTS AND CLEANING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 Remove and Salvage Existing Fire Hydrant EA 2 ('g 3 7 o / 3 4.1 • t -/D H2 Adjust Water Valve Box EA 5 4S2 . 'p 9 -12-<- 3 .9', H3 Adjust Existing Water Meter EA 3 / /4,14,1° 4 9 9 2. 3 H4 Clean and CCTV Existing 8" Wastewater Line LF 39 ce • Z. Co 2.. i ci Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 4 of 8 Page 4 of 8 Re+c1-13.20:& 00 30 01 BID FORivi Icem DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT H5 Adjust Wastewater Manhole Ring and Cover EA 2 `(, 12 . 3 -%iZ.s SUBTOTAL PART H - UTILITY ADJUSTMENTS AND CLEANING (Items H1 thru H5) 1 Z ) 0 Z..4w PART I - LIGI-TING IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 Con.dt(PVC)(SCHD40)(2") LF 1,052 p /8, D9 tot r--)-tI., LV 12 Condt ;PVC) (SCHD 40) (2") (Bore) LF 45 £{ 5 r 15-- 2.03%. is 13 Ground Box TY A (122311) with Apron EA 15 / tit q 2.1 d 485. 4' SUBTOTAL PART I - LIGHTING IMPROVEMENTS (Items Il thru 13) LIS, 0801. 41 ADDITIVE NO. 1- PROJECT NO. E12129 ADDITIVE NO. 2 - PROJECT NO. E12129 Furnish and Install 8" Diam. C900 DR18 PVC Waterline PARTJ - BRE.A'WATER CONCRETE CAP REPAIR (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 41 11S. St J1 'Concrete Delivery System LS I 1 WY02.421 4 9y 020, ' J2 Concrete Crack Repair EA LF 780 11 � CI L(17 S tit" g y J3 ICcncre.e Cap Repair I CY 1 94 2.4 12.3+' -ZZ(Or 1 SG - SUBTOTAL PART J - BREAKWATER CONCRETE CAP REPAIR (Items JS thru J3) LS 3 16, 84. 0.2... PART L- WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) ADDITIVE NO. 2 - PROJECT NO. E12129 Furnish and Install 8" Diam. C900 DR18 PVC Waterline PART K- GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 41 11S. St K1 I Pre -Construction Exploratory LS 1 31, 75.0 3 2.1 _. S O K2 !Install and Remove Silt Fence LF 780 S , 1 to K 02.y. 80 K3 'TrafficControl I LS 1 b 1 L. S° 8 / S-2— • B� K4 IStorrnv.'ater Pollution Prevention Plan LS 1 10,94V. " /pi 9 Gs-. KS .. ii Pointing for Water Lines LF 61 83. 9 S 5 11 1 . g S. KG ,.,,al! Pointing for Pits and Manholes EA 13 4 N So $ 3 154). .10 i C Cement Stabilized Sand TONS 468 .7.0 . q)' 3 3, 2.-v. 4 0 SUBTOTAL PART K- ADDITIVE NO. 2 (Items Kl thru K7) / 77,6(.2. -d PART L- WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Li Furnish and Install 8" Diam. C900 DR18 PVC Waterline LF 41 11S. St t./ $'fir. 17 L2 Furnish and Install 8" Diam, Ductile Iron Pipe Waterline LF 20 (59. 9(i 3194. 2'e L3 Furnish and Install 8" Diam. C900 DR18 FPVC Waterline by Pipe Bursting LF 1,011 196 .01 $ / 9S z36, 8g 14 Furnish and Install 8" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA / 6 &/. S . 4. & ‘14 . $ 4 L5 Furnish and Install 8" Tapping Sleeve with 8" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA , $ . ss s s 3 3 . s 15 Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 5 of 8 Page 5 of 8 Rev 01.13.2016 00 30 01 BID FG. i.. Iter: DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT L6 Furnish and Install 8" 45 Deg Bend (MJ with MEGA LUG Joint Restraint fitting) EA 4 3145. 2 Q0 1 38 Z t v 3 L7 Furnish and Install 8" 90 Deg Bend (MJ with Mega Lug Joint Restraint Fitting) EA 1 3'7 1, ZL 1 °I. • -2'(' L8 Furnish and Install 8" Tees (MJ with Mega Lug Joint Restraint Fitting) EA PRE CCTV - Clean & Televise Wastewater Lines(Lines 58") 1 1,764 sfl 3 • 1 e Spa 2 (4:. 19 Furnish and Install 3"x12" Reducer (M1 with Mega Lug Joint Restraint Fitting) EA 1 3U1.14. 341.(4$' L10 !Furnish. and Install 8" Cap (M1 with Mega Lug Joint Restraint Fitting) EA 1 LIN. L4 $O 414, gip 111 'Furnish and Install 8" Bolted Transition Coupling (MJ with Mega Lug Joint Restrain, Fitting) EA 3 q11�• t1 O q r 3 3. 2O Furnish and Install 12" Bolted Transition Coupling (MJ with Mega Lug Joint L12 ;Restrain-. Fittingj EA 1 /sig. 2.0 4iq, 2-e L13 'Remove and Replace 1" to 2" Copper or HDPE Service EA 18 (1 o(f • Qat / ete 922. 7' L14 'Connection to Existing 8" Water Main EA 3 2001. ifs" 4, 00'/. 93 L15 'Connection. to Existing 12" revater Main EA 1 1$2:151 ZBZ,"1 . S7 116 Furnish and Install FH Assembly with Lead EA 4 397° 97° / S, y$a L17 Trench Safety for Remove and Install Waterline LF 61 2, S$ / 57 • 3 8 113 'Trench Safety for Pipe Bursting Pits EA 8 3•415. 2 S 813.0• i 119 RernOVe Existing Fire Hydrant EA 2 •1 Oct • S9 04 i 41 f f . L20 ' F. rnish and Instal! Bell Han 2ss Assembly for 8" Dia. Water Main EA 8 i $q 3 • 2••D 11, fit( 5'. 4 a L21 Furnish and Install 4" Temporary Water Supply for Pipe Bursting LF 1,062 S S • o S 414-111.1° L22 Connect and Disconnect Service to Temporary Water Supply EA 20 HS 3 , 1 Y q I, 7 5 . •' L23 Abandon Existing 8" Waterline by Filling with Flowable Grout LF 80 t(` Z. 3 306. °- L24 Furnish and Install 2" Diam. Wrapped Steel Gasline LF 100 4GT S3 4 9 $3. 1 0 L25 Reconnect Existing Water Service EA 2 •7 q e, .14 1 35"1 3 • 4 19 47. Is' L26 Furnish and Install 6" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 2 q 73 • q,'' L27 Furnish and Install 8" Tapping Sleeve with 6" R/W Gate Valve (MJ with Mega Lug Joint Restraint Fitting) EA 2 532 I. Z v, G L/ 2' S a L28 Furnish and Install 8" x 6" Tees (M1 with Mega Lug Joint Restraint Fitting) EA 2 .?.9S,"11 11 ? 1 . LIZ SUBTOTAL PART L- ADDITIVE NO. 2 (Items Ll thru L28) If ti $S',5 . 14 PART M- WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) M1 Rehab 58" Wastewater Line (Pipe Bursting)(0' - 6' Depth) SDR 17 HDPE LF 762 1 0 Z. • go -7 Q I9 001, 5 p M2 Rehab _58" Wastewater Line (Pipe Bursting)(0' - 6' Depth) SDR 11 HDPE LF 351 ('1 4 So; 5 C' (,1 M3 Furnish and Install Service for 8" Pipe Bursting EA 3 q o r 5" Z 4 01.. 50 M4 PRE CCTV - Clean & Televise Wastewater Lines(Lines 58") LF 1,764 b , 2V 1 1 P g V "7 M5 POST CCTV - Televise Wastewater Lines (Lines 58") LF 1,114 9 • 1 1 L44o70 . `1 S' Bid Form North Beach Area Improvements — Project No(s) [12127 & [12129 (REBID) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 6 of 8 Page 6 of 8 x.0143.2016 00 30 01 BID FO RIVi Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT M6 Furnish and Install 4 ft Dia Wastewater Manhole FRP Rehab(0'-6' Depth) EA 2 i, 447. t, !, 4 I861 4 3g 1 I M7 'Excavation Safety for Wastewater Pits and Manholes(0' - 6' Depth) I EA 5 1031. 5 1 is'ct M8 ;Reconstruct Manhole Bench & Inverts EA 1 440L , DL (44{b(-{ ..01.• M9 Adjust Manhole Ring and Cover EA 4 2,1.1 ('Z ,'3 4 (r Si? . R2 M13 Reconnect Existing J�laastewater Service EA 2 ' Z s 73 • sJ w (47. 1 0 SUBTOTAL PART M- ADDITIVE NO. 2 (Items M1 thru MSO) 1 s` g l 9 .(.3 PART N- UNANTICIPATED ALLOWANCES (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) N1 Unanticipated Additive No. 2 Allowance (MANDATORY) LS 1 ' $ 20,000.00 'L 0, ,opp N2 IBypass Pumping (MANDATORY) I LS 1 $ 15,000.00 j S2 000 SUBTOTAL PART R- ADDITIVE NO. 2 (Items N1 thru N2) Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 7 of 8 Page 7 of 8 Rev 01.13.2016 00 30 01 BID Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT BID SUMMARY TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART K - GENERAL (Items K1 thru K7) TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 2 /-7 7 S CO 2 . O SUBTOTAL PART L -'.WATER IMPROVEMENTS (Items L1 thru L28) BASE BID 1/04f, g S5•. / q SUBTOTAL PART A - GENERAL (Items Al thru A7) r ` ! 7 8 � (02,2...q.' SUBTOTAL PAP..T B - STREET IMPROVEMENTS (Items Bl thru B8) 3c. S. sq 3 , 33 SUBTOTAL PART C - DRAINAGE IMPROVEMENTS (Items Cl thru C5) 33 q o S . 80? SUBTOTAL PART D - UTILITY ADJUSTMENTS AND CLEANING (Items Dl thru D2) 1 1 1 j 1 5 .--7V SUBTOTAL PART E - STREET IMPROVEMENTS (Items El thru E33) 2 5'4, (J11. 3 (r SUBTOTAL PART F - ADA IMPROVEMENTS (Items Fl thru F4) 3 03, z' -(q . 3 3 SUBTOTAL PART C - DRAINAGE IMPROVEMENTS (Items G1 thru G33) S / 91 LI / 4 . (p 4 SUBTOTAL PART '71- UTILITY ADJUSTMENTS AND CLEANING (Items H1 thru H5) 1 2, Oct 2 . 4 S' SUBTOTAL PAPT i - LIGHTING IMPROVEMENTS (Items 11 thru 13) y t� 3, 5a/, y / TOTAL PROJECT BASE BID (PARTS A THRU I) /'7 4.'1, / $ C. zee ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART J - BREAKWATER CONCRETE CAP REPAIR (Items 11 thru 13) 3 Z.Cp, $G O , 2 � TOTAL .ADDITIVE AlTERNA.TE NO. 1 (PARTS 11 AND J3) 324, S40, 241 ADDITIVE ALTERNATE NO. 2 S 1/ % (. % 7 SS . TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART K - GENERAL (Items K1 thru K7) TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 2 /-7 7 S CO 2 . O SUBTOTAL PART L -'.WATER IMPROVEMENTS (Items L1 thru L28) I 1/04f, g S5•. / q SUBTOTAL PART M - WASTEWATER IMPROVEMENTS (Items M1 thru M10) / 8c., Si 9. 3 SUBTOTAL PAR' N - UNANTICIPATED ALLOWANCES (Items N1 thru N2) .. 35—; 000 TOTAL ADDITIVE ALTERNATE NO. 1 (PARTS K thru N} 9 0 ct 23(e." TOTAL PROJECT BASE BID S 1/ % (. % 7 SS . TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 1 S 2.1 0 q 1, , 15% YY - TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 2 $ 7-1S G S r q4 Z.. "- TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 1 + ADDITIVE ALTERNATE NO. 2 S 2,1 StS°, 8 S 2 , 31 Contract Times Bidder agrees to reach Substantial Completion in 120 days Bidder agrees to reach Final Completion in 150 days Bid Form North Beach Area Improvements — Project No(s) E12127 & E12129 (REBID) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 8 of 8 Page 8 of 8 Rev 01-13.2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies tb the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose prinipal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of, Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: Phone: �- , eAw.l. Jtyped or printed) (s nat .e.—attach evidence of authority ro'sign) (typed or printed) �oZZ ttv� C X41 -C7 5g21_ Email: END OF SECTION C A 0,1, ,C Compliance to State Law on Nonresident Bidders North Beach Area Improvements – Project No(s) E12127 & E12129 (REBID) 003002-1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY Ci7Y PURCHASING DIVISION CITY OF CORPUS CHRISTI Corpus usof 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: C ��� -Noe,Ci c�. ��ul�.ti (Lir P. O. BOX: STREET ADDRESS: A 1...“1,4+ CITY: ��, S ' ZIP: `rpt( FIRM IS: 1. Corporation ❑ 2. Partnership 3. Sole Owner 0 4. Association 5. ,. ther 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 Board, Commission or Committee s 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 City of Corpus Christi Disclosure of Interest 003005-1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knews that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (rrpc Or Print) Signature of Certifying Person: Title: DEFINITIONS • Date: 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. City of Corpus Christi Disclosure of Interest . i 003005-2 Rev 01-13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: North Beach Area Improvements (Bond 2012) (REBID) Project No(s) E12127 & E12129 • Bidder certifies that the it has not been a party to any -collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: C�� �,�c S 11-C- 110,., ?c)(1). (typed or printed) By: (signature ; tt idence of authority to sign) Name: t U0 -41a or prihted) Title: Business address: Phone: 611c Lutil Argos 6%\k\-=1 i 1P69 9 Email; END OF•SECTION t • csa,../LQc-caLlY'• " Non -Collusion Certification • 00 30 06 - 1 North Beach Area Improvements — Project No(s) E12127E12129 (REBID) 11-25-2013 (7-1 SureTec BID BOND KNOW ALL MEN BY THESE PRESENTS, that we CPC Interests. LLC dba Clark Pipeline Services, LLC as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Corpus Christi as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for North Beach Area Improvements (Rebid) (Bond 2012), Project No.(s) E12127 and E12129. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 12th day of September, 2018. CPC Interests, LLC dba Clark Pipeline Services, LLC (Principal) BY: I TITLE: Sure -c Insurance Co- •an BY: Dennis M. Desct, Jr., Attorney -in -Fact Clark Pipeline Services -City of Corpus Christi -North Beach Improvements (Rebid) Bond 2012.doc Rev 1.1.06 • POA #: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments • or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanccs, 'contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President to be hereto affixed this 25th day of April , A.D. 2017 , State of Texas County of Harris ss: SURETEC By: John Knox+' ., ' rest 'ts corporate seal On this 25th day of April , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me ' ; y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. am��, ��.��►Y.ro,, JACQUELYN GREENLEAF ?ter°,• j':` t Notary Public, State of Texas jj k {r Comm. Expires 05-18-2021 Notary ID 126903029 Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 12th day of September, , 3018 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. - For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 Project No.: NA 1 AL/ASG Legistar No. 18-1266 Rev. 0, 09-27-18 DATE:September 27, 2018 TO:Keith Selman, Interim City Manager FROM:Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 Regional Transportation Authority (RTA) “Notification for Additional Funding in 2018” Street Preventative Maintenance Program (SPMP) CAPTION: Resolution authorizing execution of the “Notification for Additional Funding in 2018 (Street Maintenance Program)” in an amount of $2,565,883 accepting the Corpus Christi Regional Transportation Authority’s fiscal year 2018 allocation to the City’s Street Preventative Maintenance Program (SPMP) projects. PURPOSE: The funds identified in the “Notification for Additional Funding in 2018 (Street Maintenance Program)” will be reimbursement of expenditures associated with work on arterials and collectors in the Council- approved SPMP 2018 Work Plan. BACKGROUND AND FINDINGS: The City and RTA entered into a revised Interlocal Agreement in 2013 (attached). The RTA allocates a percentage of its sales tax receipts for reimbursement funding of the City’s Street Preventative Maintenance Program (SPMP) and is based on an allocation formula developed by the RTA. Actual funding for each fiscal year is based on the amount budgeted for the adopted fiscal year. The RTA has contributed the following amounts over the previous five (5) years to the City for street preventative maintenance: 2013 (new Interlocal Agreement)$2,281,891 2014 Contribution Letter 2,547,728 2015 Contribution Letter 2,658,487 2016 Contribution Letter 2,814,839 2017 Contribution Letter 2,716,127 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 Project No.: NA 2 AL/ASG Legistar No. 18-1266 Rev. 0, 09-27-18 RTA has provided the City with the “Notification for Additional Funding in 2018 (Street Maintenance Program)” notifying of their contribution amount of $2,565,883 for the City’s Fiscal Year 2019. (Funds from RTA’s 2017 Fiscal Year Contribution were received during the City’s 2018 Fiscal Year.) ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Resolution complies with City’s financial policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Financial Services, Street Operations FINANCIAL IMPACT: □Operating X Revenue □Capital □ Not applicable Fiscal Years 2018 - 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/Expended Amount This item $2,565,883.00 $2,565,883.00 BALANCE 0 $2,565,883.00 $2,565,883.00 Fund(s): Street Maintenance Fund Comments:This is funding from RTA for the City’s Fiscal Year 2019. RECOMMENDATION: City Council authorization to execute the “Notification for Additional Funding 2018 (Street Maintenance Program)”. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A - Notification for Additional Funding 2018 (Street Maintenance Program) 2013 Interlocal Agreement between City and RTA 1 Resolution authorizing execution of the “Notification for Additional Funding in 2018 (Street Maintenance Program)” in an amount of $2,565,883 accepting the Corpus Christi Regional Transportation Authority’s fiscal year 2018 allocation to the City’s Street Preventative Maintenance Program (SPMP) projects. Whereas, the Corpus Christi Regional Transportation Authority (“RTA”) and the City of Corpus Christi (“City”) entered into a revised Interlocal Agreement (“the Agreement”), approved by City Council on May 28, 2013; Whereas, the intent of the 2013 revision was to provide for RTA to increase its funding for street improvement projects; Whereas, as revised, the Agreement provides for RTA to allocate a percentage of its sales tax receipts based upon an allocation formula developed by the RTA; Whereas,the Agreement further provides that RTA's actual funding for each fiscal year is to be based on the budgeted amount for the Street Improvement Program adopted for the fiscal year; Whereas, Section 2 of the Agreement provides as follows: 2. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is$2,281,891. Whereas,the RTA has contributed the following amounts over the previous five years to the City for street preventative maintenance: FY 2013 $ 2,281,891 FY 2014 2,547,728 FY 2015 2,658,487 FY 2016 2,814,839 FY 2017 2,716,127 Whereas, RTA has provided the City with the attached “Notification for Additional Funding in 2018 (Street Maintenance Program)” to be executed for the sole purpose of acknowledging this additional funding in the amount of $2,565,883 for its fiscal year 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee is authorized to execute the “Notification for Additional Funding in 2018 (Street Maintenance Program)”, attached as Exhibit A, in the amount of $2,565,883 accepting the Corpus Christi Regional Transportation Authority’s fiscal year 2018 allocation to the City’s Street Preventative Maintenance Program and any other documents necessary to accept additional funding. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of , 2018 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Scott Everett Roy Exhibit A INTERLOCAL AGREEMENT Street Maintenance Program This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi Texas RTA a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code and the City of Corpus Christi Texas City a municipal corporation WHEREAS the RTA has provided a Street Improvement Program the Street Improvement Program or the Program since the RTA s creation in 1985 to provide financial assistance for street projects to local governmental entities and WHEREAS the RTA desires to increase funding based upon sales tax revenues and provide for a more efficient process in funding street projects NOW THEREFORE BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI TEXAS 1 Proposals Under Pro am No later than February I of each year during the term of this Agreement the City shall submit a request specifying the street maintenance projects the Projects which are eligible for consideration for funding under the Program RTA shall review the proposals submitted by all governmental entities in the RTA s service area and develop a list of priorities of the Projects based on the transportation needs of the RTA and the transportation needs of the City The RTA staff and the staff of the City shall work diligently todevelopafinallistofProjectstobefundedunderthisProgramTotheextentfeasibletheCity shall coordinate with overlapping jurisdictions any Projects which will maximize the impact of RTA s Program 2 Funding The RTA is allocating a percentage of its sales tax receipts for funding the new Program said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA The RTA s actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year The projected funding for fiscal year 2013 under this Agreement is 2 281 891 00 3 Elirdble Street Projects The Projects eligible for funding shall include any street projects permitted under Chapter 451 of the Texas Transportation Code The City may seek for inclusion as an eligible Project Projects which would be wholly funded by the RTA and Projects which may be partially funded by RTA The parties agree that the City intends to use the funds for overlays and sealcoat projects which would alter the construction of roadways utilized by theRTAasauthorizedunderChapter451AnyProjectsinvolvingtheconstructionofbuspadsor ADA accessibility improvements shall be funded separately either by the RTA or the City actingindependentlyorbasedontheirmutualagreement 4 Completion of Projects Upon approval of the Projects by the RTA the RTA shall provide funding by remitting payment directly to City as and when the expenses are incurred subject to the maximum funding authorized under this Agreement The City agrees to diligently proceed with the completion of the approved Projects upon the receipt of funding Upon the 2013 180 5128113 Res 029847 RTA INDEXED e completion of the Projects the City shall invoice the RTA for the amounts payable under this Agreement showing the actual expenditures made by the City in connection with the Projects and the amount payable by the RTA The RTA shall mare payment within thirty 30 days of the receipt of the invoice subject to the requirements of this Agreement 5 SiQnaec All Projects funded by the RTA will be identified as an RTA funded Project through construction signs or other signage located at the site of the Project Such signs shall be provided by the RTA and maintained by the City on the construction sites throughout the project but at least a minimum of seven 7 days in the event the project takes less than seven 7 days to complete 5 Reporting Within ninety 90 days following the end of each year of this Agreement the City shall report to the RTA on any Projects that have not been completed by the time the report is made and indicate the status of the Projects and the estimated time of completion The report shall be supplemented by the City upon completion of the Project by the submission of the invoice showing the actual amount of expenditures made and amount payable by the RTA 7 Term and Renewal This Agreement shall be for an initial term of one year This agreement is subject to automatic renewal unless terminated as provided herein Notice of termination shall be given upon 90 days advance written notice Any such notice of termination shall be given to each of the parties to this Agreement in accordance with the notice provisions provided below 8 Additional Projects Nothing in this Agreement shall prevent the RTA and the City from entering into other agreements for the completion of street projects or other transportation related projects of mutual interest outside the terms of this Agreement or entering into multi year programs for major projects 9 Payments Any payment made by the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the RTA as required by the Inter local Cooperation Act All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget 10 Federal Provisions The City agrees to include such provisions in its construction documents as reasonably required by the RTA in order to meet the requirements of the federal government for providing federal transit assistance The City agrees to comply with Title VI oftheCivilRightsActinitsdeterminationofprojectsfundedunderthisAgreementTheRTA shall review all projects to ensure compliance with Title VI of the Civil Rights Act 11 Severabiliky Clause If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remainder of this Agreement shall not be affected thereby and shallcontinuetobeenforceableinaccordancewithitsterms 12 Notices Notices under this Agreement shall be addressed to the parties as indicated below or changed by written notice to such effect and shall be effected when delivered or when deposited in the U S Mail post pre paid certified mail return receipt requested 2 RTA CfiO Regional Transportation Authority 5658 Hear Lane Corpus Christi Texas 78405 CITY City of Corpus Christ P O Box 9277 Corpus Christi Texas 78469 9277 Attn City Manager 13 Rmt mance This Agreement shall be performed in Nueces County Texas and shall be according to the laws of the state of Texas 14 A This Agreetnent represents the entire agr eemew botm m the parties and may not be modified by any oral amts or understandings Any amendmemts must be made in writing and signed by all parties 1S AsWM This Aveement shall be binding on and inure to the benefit of the patties to this Agreement and their respective successors and permitted assigns This Agreement my not be assigned by any party without the written consent of all of the other parties 16 hftebW rAgoffift A4 This Agm ment is subject to the am and provisions of the Texas blrter local Cooperation Act codified as Chapter 791 of the Texan LocalChovarnmentCodeFurthereachpattyraepresentsthatthisagreementInsbeendulypassedandapprovedbyitsgoverningbodyasrequiredbytheAct 17 HMMMM g X001 Age This Imtedocal Agreement for street improvement funds bebmen the RTA and the City shall replace the 2001 bnterlocal Agreement for streetimprovementbraidsbetweentheRTAandtheCityinitsentiretyThefundinginthislofflocal Agreement includes the funding provided in that original Agreement between the City and theRTAdatedasoMovember261985 B cccuted this t I day of L 2013 CORPUS CHRISTI REGIONAL MY OF CORPUS CHRISTITRANSPORTATIONAUTHORITY By g Scott Nepley CFO y Ronald I Q n ity Managers R MCri v SE fAI1 C 1 aameat end smd OWavoMlad KhqAT WorW ROC M AleilCbatest OMOOMCi iPABM13 T mWw d Age a4r w i4 Nac 3 4MsT ARMANDOCHAPA CfIY SMRr TAW DATE:October 16, 2018 TO:Keith Selman, Interim City Manager FROM:Jim Davis, Director of Asset Management JimD@cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year service agreement with EMR Elevator of Arlington, Texas, for elevator, escalator, dumbwaiter and wheelchair lift preventive maintenance program and preexisting repairs, via BuyBoard cooperative for a total amount not to exceed $517,598.24. PURPOSE: This service will provide preventive maintenance, repair, replacement and testing of City elevators, escalators, dumbwaiter and wheelchair lift to ensure that they are operating properly and in compliance with current ASME safety codes. BACKGROUND AND FINDINGS: The Asset Management Department is responsible for keeping all City elevators and escalators working properly as per State requirements. The contract will be administered by the Asset Management Department and will cover elevator and escalators at the following locations: City Hall, International Airport, Museum, Health Department, Ayers Service Center, Stevens Water Plant, Multi- Cultural Center, Central Library, Police Department, Parkdale Branch Library, Frost Building and Greenwood Wastewater Treatment Plant. The Purchasing Division and the Asset Management Department reviewed several cooperative proposals to find a company to provide the best price to the City for these services. Staff is recommending the award to EMR due to lowest preventive maintenance Elevator & Escalator Preventive Maintenance Program AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 and service rates. EMR’s price includes a 3% price escalation each year but still provides the best pricing over the five- year period for the City. To cover unforeseen repair and exclusion, 20% allowance is provided and is included in the total value of the contract. Contracts awarded through the BuyBoard cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: Not applicable. 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: Asset Management FINANCIAL IMPACT: X Operating □ Revenue □Capital □Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $108,012.90 $409,585.34 $517,598.24 Encumbered / Expended Amount 0 0 0 This item $108,012.90 $409,585.34 $517,598.24 BALANCE 0 0 0 Fund(s): Various Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Pricing Sheet Item Description Unit Qty Unit Price 1 Preventive Maintenance Program all Elevator, Escalator, Dumbwaiter and Wheelchair Lift Including Repairs, Replacement and Annual and 5 years testing. Total no of Equipment – 32 Months 60 6,616.55$ 2 Pre‐ existing Repairs as per survey conducted and state inspector report except City Hall Lumpsum 1 11,752.70$ 3 3 % Escalation after Initial year EA 1 $24,544.95 4 Allowance EA 1 $84,307.59 Price Sheet Total Price 396,993.00$ 517,598.24$ Asset Management Department Elevator/Escalator Preventive Maintenane and Repairs‐ BuyBoard Contract No 501‐15 EMR Elevator Arlington, Texas 11,752.70$ Purchasing Division Buyer: Japan Shah City of Corpus Christi 24,544.95$ 84,307.59$ Total SERVICE AGREEMENT NO. 1524 Elevator/Escalator Preventative Maintenance and Repairs THIS Elevator/Escalator Preventative Maintenance and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and EMR Elevator ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Elevator/Escalator Preventative Maintenance and Repairs in response to Request for Bid/Proposal No. N/A ("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 Elevator/Escalator Preventative Maintenance and Repairs ("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. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $517,598.24, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Jesse Hernandez Department: Asset Management Phone: (361)-826-1983 Email: JesseH@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 001 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. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Jesse Hernanadez Title: Superidentent of Operations Address: 5352 Ayers Rd Building 3A, Corpus Christi, Texas 78415 Phone: (361)-826-1983 Fax: (361)-826-3795 IF TO CONTRACTOR: EMR Elevator Attn: Jackie Herrera Title: Sales and Marketing Manager Address: 2320 Michigan Court, Arlington, TX 76016 Phone: (713)-539-8305 Fax: None 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. 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. 25. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: i,1012) Printed Name: Hope L. Evans Title: President Date: October 2, 2018 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements A. The Contractor shall provide Preventive Maintenance and Repairs to all Elevators Escalators, Dumbwaiter and Wheelchair lift located at different City Facilities. The locations of the equipment covered under this contract are listed in this Scope of Work. B. The Contractor will be responsible for furnishing all labor, supervision, tools, materials and equipment necessary to fully maintain elevators, escalator, Dumbwaiter and Wheelchair lift in accordance with all terms, conditions, and schedules of this specification and to keep them in first class operating conditions. C. All work performed under this contract shall be performed in accordance with all applicable codes and standards. American Standard Safety Code ANSI Al 7.1(latest edition or revisions), American Society of Mechanical Engineers Code ASME A17.1/17.3(latest edition or revisions), Elevator manufacturer's recommended procedures. D. All the work shall be performed during normal hours 8:00 AM to 5:00 PM unless it is approved by the Contract Administrator. 1.2 Preventive Maintenance Program A. The Contractor shall provide complete preventive maintenance program including cleaning, maintenance, lubrication, packing, adjusting, calibrating, repair/replacement, testing, and repairs on all parts of the elevator, escalator, dumbwaiter and wheelchair lift including but not limited to the following: 1. Machines, including worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys and all other components and parts of the machine and brake 2. Hoist and governor ropes, including tension equalization. 3. Hoist motors, including motor windings, solid state power conversion drive rotating elements, including commutators, brushes, brush holders and bearings and all other related components and parts. 4. Motors windings shall be treated as needed with proper insulting compound, which has been approved by the motor manufacturer. 5. Controllers, encoders, transducers, selectors and dispatching equipment, including all relays, solid- state components, resistors, capacitors, transformer, contact, leads, timing devices, computer devices, steel tape and mechanical and electrical driving equipment and all other related components and parts Page 1 of 21 6. Pump units, including motors belts, sheaves ' or pulleys, valves, seals, mufflers, heating elements, tank, tank oil, exposed pipes, shut-off valves and all other components of the pump unit. 7. Plungers, packing, and hydraulic system oil and above ground piping and connections. 8. Governors, governor sheave and shaft assemblies, bearings, contact, governor jaws, car and counter weight safety mechanism, car and counter weight sheave assemblies, deflectors, 2:1 or secondary sheaves including bearings, car and counterweight buffers, car and counterweight guide rails( excluding replacement), top and bottom limit switches, governor tension sheave assembly, compensating sheave assembly, counterweight guide shoes, rollers and liners, inductors, cams and tapes and all other related components and parts 9. Hoist way door interlocks, hoist way door hangers and rollers, bottom door gibs, door closing devices and all other related components and parts. 10. Door operators, including door drive chains, sheaves, belts, car door hangers, rollers and up thrusts, car door contracts, door protective devices, bottom door guides and all other related components and parts. 11. Load -weighing equipment, car frames, platforms, elevator car roller guides and all other components and parts. 12. Alarm bells, emergency stops switches, emergency car lights and batteries and all other related components and parts. 13. Car fans or exhaust blower, car and corridor signals and fixtures including lights, pushbuttons, contact assemblies, key switches dials, voice annunciation systems, read out indicators and audible signaling devices. 14. Car, hoist way and machine room wiring including traveling cables. 15. Escalator driving system, including machine, worms, gears, sprockets, brake, coupling, coil, lining, chains, bearings, motor, stator, rotor and all other related components and parts. 16. Escalator handrail system, including sprockets, handrails, rollers, chains, bearings, brush guards, driving mechanism and all other related components and parts. 17. Escalator step system, including steps, treads, chains comb plates, track, rollers and all other related components and parts. Page 2 of 21 18. Escalator Safety Switch system 19. All step chains, guidance and alignment components and demarcation lights. Balustrades and decks shall be examined and adjusted, aligned and fastened as needed 20. Escalator handrails, handrails drive, drive chains, finish on decking, fluorescent tubes, and skirt panels, inner panels and walk on panels. B. Scheduled Preventive Maintenance 1. The Contractor shall schedule monthly preventive maintenance program equipment by equipment prior to commencement of the Contract and subject to final approval by the Contract Administrator. 2. The Contractor shall use a structured maintenance program to deliver high quality service tailored to each specific unit's needs. 3. Equipment type, component life, equipment usage, and building environment shall be taken into account by the Contractor in the schedule, which shall be used to plan maintenance activities in advance. 4. The preventive maintenance schedule, as prepared by the Contractor, shall show building name, equipment serial numbers, examination frequency, and examination hours. 5. Maintenance schedules shall be permanently located in the equipment rooms. The schedules shall be accessible to the Contract Administrator for monitoring. Schedules shall be maintained by indicating the work performed, signature of the mechanic performing the work and dated the day the work was performed. 6. The Contractor, following scheduled maintenance and/or repair operations, shall clean the work area including around the elevator/escalator, equipment room, elevator pit, elevator lobby or escalator approach, etc. when he/she completes the Maintenance or repair work. Contractor shall immediately notify the Contract Administrator in writing of any conditions which, in the Contractor's opinion, are detrimental to the equipment, ancillary components and/or will cause a failure in the equipment or will diminish the operating capabilities of the equipment. The Contractor shall assume responsibility for repairs resulting from his/her failure to inform the Contract Administrator of obvious conditions which can, do or will result in damage to the equipment. Page 3 of 21 7. Removal of elevator/escalators from service shall be coordinated with and approved by the Contract Administrator. To the extent possible all preventive maintenance that required removal of elevator/escalator from service shall be scheduled during off peak hours of building operation. No elevator/escalator shall be taken out of service during the normal business day without prior notification to the Contract Administrator except under emergency conditions. Contractor shall not remove from service more than one elevator at a time in any bank of elevators (except in emergencies). Emergency circumstances are understood to be those which pose imminent possibility of equipment damage or passenger injury as judged by the Contractor's employees. Elevators taken out of service shall be identified by placing signage at every floor indicating elevator is out of service. Signs shall be removed after service is restored. C. Examine 1. The Contractor shall examine the equipment at regular intervals sufficient to preserve the life of the equipment. During examination, corrective and/ or preventive action is determined to be the responsibility of the Contractor, the Contractor shall proceed immediately to make (or cause to be made) replacement, repairs and corrections. 2. When such work is determined not to be the Contractor's responsibility, a written report signed by the Contractor, shall be delivered to the Contract Administrator. If the Contract Administrator disagrees with the Contractor's determination, the Contractor and Contract Administrator shall use their best efforts to resolve the disagreement in a manner mutually agreeable to the parties. D. Lubricate The Contractor shall lubricate all moving parts of the equipment. Lubricants shall be applied at intervals recommended by the equipment manufacturer or as per the usage of an equipment. All lubricants shall be suitable for the purpose intended and shall meet or exceed the minimum requirements specified by the manufacturer of the equipment to which the lubricant is applied. E. Clean The Contractor shall clean all equipment as well as the elevator equipment, room, hoist way and pits. Cleaning of the equipment shall occur at regular intervals enough to maintain a professional appearance and preserve the life of the equipment. Page 4 of 21 F. Adjust 1. The Contractor shall routinely adjust all equipment and devices, including but not limited to: operating switches and relays on controller, selector, brake, governor, leveling devices, car safety systems, door operator system including door protective device, car and hall button operating stations, and in the hoist way and pit, mechanical and electro mechanical devices including brake, machine, safety shoe and door operator linkages, hanger, interlocks, pit, equipment, cams and roller, roller guides and guide shoes. 2. The Contractor shall make the necessary equipment adjustments when the operation of the equipment varies from its normal designed performance standards. 3. Qualified individuals, employed by the Contractor, shall adjust with appropriate tools and instruments. Adjustments shall be made at regular intervals to maintain the elevator in optimum operating conditions. 4. Parts or assemblies that have worn (or otherwise deteriorated) beyond normal adjustment limits shall be replaced. G. Repair and Replacement: 1. Repair and Replacement of parts is a part of the Preventive Maintenance program for all elevator, escalator, dumbwaiter and wheelchair lift. The Contractor shall repair or replace parts/components identified during scheduled preventive maintenance or during call back services at no extra cost to the City. 2. The City of Corpus Christi prefers OEM parts. If the OEM parts are not available, the Contractor may use after marks part upon approval of Contract Administrator. The aftermarket parts should not decrease the performance of the equipment. 3. The goal of the preventive maintenance is to prevent unexpected interruptions and If the repairs does not prevent unexpected interruptions, then the Contractor shall replace parts covered under the Contract. H. Exclusions 1. For the following items, the Contractor shall not be responsible for replacement. • Cab, cab doors, cab walls, door sills, hoist way doors and cab lighting. • Phones and emergency bells. • Aesthetic things, like flooring and cab panels. • Motor and generator sets. Page 5 of 21 • Electrical power supply. • Sump pump, pit lighting, underground jacks, underground pipes and hydraulic cylinders. • Fire alarm and smoke detector systems. • Proprietary equipment and software. • Elevator prints. • Escalator handrails, handrails drive, drive chains, finish on decking, balustrades, fluorescent tubes, and skirt panels, inner panels and walk on panels. 2. Obsolete parts Obsolete parts are defined as follows: An item for which the original design is no longer manufactured by the OEM or the original item has been replaced with an item of different design. No exception to this exclusion will be made for items defined as obsolete above simply because they can be custom made or acquired at any price. Any modification to existing equipment necessary to accommodate replacement components will also be at the owner's expense. The contractor can use reconditioned or used parts after approval from Contract Administrator. 3. For the following items, the Contractor shall be not be responsible for repairs under this contract. If required, the contractor will charge extra for repairs as per contract labor charge. • Cab, cab doors, cab walls, door sills, hoist way doors and cab lighting. • Phones and emergency bells. • Aesthetic things, like flooring and cab panels. 4. The Contractor shall not be responsible for the repair and replacement because of the following conditions: • Acts of God, Lightning strikes, power outages, temperature or weather damage and water. • Regulations changes that state may require to be installed, or obsolete equipment be replaced. • Vandalism, intentionally or unintentionally. 5. Installation of new attachment on the elevator/escalators when recommended by insurance companies or governmental authorities. 6. The Contractor shall be responsible for the repairs caused because of the negligence, accident or misuse of the equipment by the Contractor employees. Page 6 of 21 7. Except for exclusion above, repairs and replacement for all components of the elevator, escalator, dumbwaiter and wheelchair lift are fully covered by this agreement. 1. Call back Services 1. A call back service is a request from the Contract Administrator to the Contractor requesting the Contractor to go to a specific elevator/escalator to correct any problems and/or condition which needs attention before the Contractor's next scheduled preventive maintenance visit. 2. Call back services can be emergency or non -emergency. Shutdown of all elevator/escalator at requested location and entrapment is considered an emergency. Contract Administrator shall use prudent judgment to define emergency or non -emergency. The Contract Administrator's decision shall remain final and the Contractor shall act accordingly. 3. In the event of an emergency, the Contractor shall be available at the site within one-hour response time between 8:OOam to 5:OOpm, Monday to Friday, and two -hours response time between 5:OOpm to 8:OOam, Monday through Friday, Saturday, Sundays and Holidays. 4. In the event of a non -emergency, the Contractor shall be available to the site within two-hour response time between 8:OOam to 5:OOpm, Monday to Friday and four-hour response time between 5:OOpm to 8:OOam, Monday through Friday, Saturday, Sunday and Holidays. 5. Call back service are part of the preventive maintenance program and the contractor shall not charge if the call back is during the Normal hours - 8:00 AM to 5:00 PM. The Contractor shall charge afterhours, Saturdays, Sundays and Holidays call back as per Contract Pricing. 6. The City reserves the right to assess a $100.00 per occurrence failure to respond Penalty if the Contractor does not comply with the above response time. The City, if requested by the Contractor, will take into consideration and evaluate the circumstances relating to the Contractor's failure to respond prior to making its decision to impose the penalty. However, following the City's evaluation, the City's decision is final. J. Uncovered Repairs/Replacement 1. Uncovered repairs/replacement are not covered in the Preventive Maintenance program. The uncovered repairs/replacement caused because of accidents, negligence, misuse of equipment, vandalism, Acts of God, Lightning strikes, power outages, temperature or weather damage and water. Page 7 of 21 2. The Contractor shall provide descriptive information of the necessary repairs. The Contractor shall be required to provide a not to exceed estimate of the cost including materials, parts and labor. The Contractor shall charge labor as per price submitted in the Proposal. Parts are to be provided at their invoice cost plus mark up mentioned in the proposal to the City of Corpus Christi. Original invoices are to accompany billing invoice to verify mark up. 3. Repair work shall be approved and scheduled by the Contract Administrator prior to its commencement. 4. The City of Corpus Christi reserves the right to get other vendor proposal for comparison. K. Pre-existing Repairs 1. Pre-existing repairs are those repairs required to resolve the deficiency found during the survey and/or mentioned in the state inspector report. Pre-existing repairs are charged extra as per contract pricing. 2. The City of Corpus Christi will not pay extra charges for pre-existing repairs other than the contract pricing to remove deficiency for all the elevator/escalator except City hall elevator/escalator. 3. The Contract pricing for preexisting conditions submitted is inclusive of labor, parts/materials, supervision, and transportation necessary to conduct repairs. 4. The Contractor shall remove all the deficiency within 15 business days of the Contract award. The Contractor will be responsible for all repairs and replacement of parts except the exclusions mentioned in this Scope of work after the Pre-existing repairs are done. 5. Pre-existing repairs shall be done during the normal working hours 8:00 AM to 5:00 PM, unless approved by the Contract Administrator. 6. The Contractor shall make sure that all repairs and deficiencies are taken care of throughout the term of the contract. 7. After the end of the contract and until the new contract signed, if any deficiencies found by the state inspector will be the responsibility of the Contractor at not cost to the City. L. Testing 1. The Annual safety test shall be performed on each elevator covered under this contract, as required by the ANSI code. These tests shall be performed annually and shall be in accordance with the American National Standard Safety Code for Elevators ANSI A 17.1 or latest. Page 8 of 21 2. The five-year load test shall be performed on all traction elevator covered under this contract as required by the ANSI code. These tests shall be performed every five years on each traction elevator and shall be in accordance with the American Standard Safety Code for Elevators ANSI A17.1 or latest 3. The Annual test and Annual Step/Skirt Performance Index tests shall be performed on all escalator covered under this contract as required by applicable code. 4. The Contractor shall check testing due dates and accordingly arrange tests for the next year. The Contractor shall take approval from Contract administrator before scheduling test. 5. Testing is a part of the Preventive maintenance program and the Contractor shall do all the required testing at no extra cost to the city. 6. Contractor shall perform all testing under the presence of TDLR certified Qualified Elevator Inspector (QEI) as required by the Texas Department of Licensing and Regulation (TDLR). The Contractor shall pay all costs associated with the QEI to include the fees charges by the independent elevator inspector. 7. Within three days of such inspection, the Contractor shall forward to the Contract Administrator, the original signed inspection report on the requisite TDLR forms. The Contractor shall retain a copy of each report and include them as part of the Monthly Report. The City will mail the original forms to the TDLR and pay State fees. 8. In the event TDLR assesses a late filing penalty because of the Contractor's failure to forward the reports to the Contract Administrator within the timeframe described herein, an amount equal to such late filing penalty will be withheld from the Contractor's payment. 9. The Contractor shall correct any deficiencies noted during the annual inspection report that were a direct result of improper or deferred maintenance practices. The City will be responsible for all violations beyond those outlined as the Contractor's normal scope of services. M. Wiring Diagrams 1. The Contractor shall provide to the Contractor Administrator a set of reproducible wiring diagrams covering all changes, modifications, etc., which take place during the contract term. The diagrams are to be furnished to the Contract Administrator immediately following modifications at the sole expense of the Contractor. 2. Changes are to be edited on the original wiring diagrams and must be completed no later than 60 days after the installation or additions to the equipment. Failure to perform such wiring diagram changes will result in the Contractor paying the City, at the Contract Administrator election, $50 per Page 9 of 21 day for each day the limit is exceeded or the Contract Administrator, at its election may deduct the amount from any sum owed to the Contractor. N. Software 1. If any part of the equipment required computer software which Contractor should require a backup or archival copy of the software, a written request shall be submitted to the Contract Administrator 2. If the Contract Administrator agrees to grant the Contractor permission to the request, the back up or archival copy shall remain the property of the City of Corpus Christi and shall not be removed from the premises. 3. If during the term of the agreement the Contractor should install controller software upgrades, the upgrades shall remain a part of the equipment in the event of termination of the service agreement by either party. O. Remote Monitoring If the Contractor requires remote monitoring of the equipment to facilitate its maintenance program, all related installation and maintenance costs shall be at the Contractor expense. P. Service Personnel 1. The Contractor shall employ sufficient full-time service personnel to perform services outlined in this contract (repair, replace, maintain, lubricate, adjust, cleaning, calibrate). Personnel shall be skilled in the execution of all repair and maintenance services which may become necessary to fulfill the terms of the contract during the term of the contract. 2. All service technicians utilized by the Contractor who are assigned maintenance and repair work shall wear an approved uniform as provided by the Contractor. Uniforms shall bear the Contractor's emblem and, to the extent possible, shall be clean and present a neat appearance. 3. The Contractor shall maintain employee safety as one of its most important concerns. The Contractor shall provide employees with information and supplies necessary to comply with the Occupational Safety and Health Act (OSHA) and procedures stated in the Elevator Industry field Employees Safety Handbook. 4. The Contractor shall submit to the Contract Administrator, a list of service technicians and supervisory personnel that will provide services under this contract. Each employee of the Contractor shall carry identification which will include the employee's name and company name, address and telephone number. Q. Inventory 1. The Contractor shall stock an inventory of parts, equipment and supplies needed to perform preventive maintenance and repairs. The cost associated with the storage of the inventory of parts, equipment, supplies and all necessary tools and repair equipment shall be borne by the Contractor. Page 10 of 21 2. Inventory of parts and supplies shall include, but not limited to the following: a. Escalator: Brake Control Board, Gear box, Drive motor, Ring and Pinion gear, Escalator rollers, set flanges, comb tooth, Riser plates, Oils and Lubricants as specified by manufacturer, Small electrical components (i.e. starters, coils, contacts, rectifiers, microswitches etc.) b. Elevator: Safety -edge, Hoist way door hangers' rollers and door lift rods, Reel closers, Supply of hoist way and car door gibs, Static floor selector switches, Magnetic leveling units, Brake coil, Set of generator brushes 1.3 Minimum Preventive Maintenance Task The following preventive maintenance frequency and task lists are not inclusive of all required maintenance points for the variety of equipment available throughout the elevator industry. These maintenance frequency and task lists are designed to be examples of the preventive maintenance quality level required by this specification. The Contractor is required to submit specific preventive maintenance frequency and task lists for each type of equipment prior to commencement of contract for Contract Administrator approval as stated in this Scope of Work. A. Geared and Gearless Elevator 1. Each Visit • Ride each elevator and observe performance, leveling, floor stops, door opening and closing operation and noise • Test safety edges, photo eyes, detectors, door open buttons, and alarm bell • Check for proper car and hall button operation and all indicator illuminations and lantern operations. 2. Monthly • Clean and inspect machine, controller, selector, motor, motor generator/SCR and governor. • Clean and inspect car top, operating switches, door operator and controls, car doors hangers, gibs. Detectors and/or photo eyes and safety edges. Lubricate and adjust door operator and door accessory equipment • Clean and inspect hoist ways door hangers, interlocks, linkage, pick up assembly, door gibs, non -vision wiring and hoist way switches • Clean and inspect governor tension sheave, car and counterweight buffers, compensating sheave assembly. Clean pit and check safety plank and travel cable loops • Clean machine room, check commutators and brushes, clean and adjust controller and selector contacts and relays • Check car and hall fixture lamps, leveling and floor stops, alarm bell and emergency stop, inspect travel cable. Page 11 of 21 3. Quarterly • Inspect rope shackles, car and counterweight guides, TM and slow down switches, adjust and lubricate as required. • Check emergency lights ■ Check and adjust brakes. Inspect and lubricate pivot pins • Clean and adjust controller and selector components including contact, relays and timers. Check transformers and rectifiers. Vacuum or bush all controller and selector parts. ■ Check out complete safety circuit • Check selector cables and/or tapes. Lubricate selector drive worm. Inspect selector drive • Clean, inspect and lubricate governor linkage • Inspect, rotate and equalize hoist cables. Inspect cable shackles and fastenings • Check adjustment of roller/slide car and counterweight guides. Check bearings liners and fastenings • Inspect TM, slowdown, leveling and/or limit switches • Clean and inspect all car and hoist way door contact and interlocks • Check door closing force. Check car and hoist way hangers' rollers and adjust up thrusts. • Inspect door operators bearing and cams. • Clean and inspect governor tail sheave, compensating sheaves, compensation ropes and hitches and/or compensating chains, guides and hitches. ■ Clean and inspect car and counterweight buffers. Check buffer oil level and operation. 4. Semi Annual • Check control and main line fuses, voltage readings, motor and motor generator wire connections, overloads, armature clearance and brake cores • Check motor overload devices, resistor and resistance connections • Check car safety mechanism and governor rope hitch 5. Annual • Drop brake shoes, clean, lubricate and adjust. Flush and ,replace worm gear oil • Check all controller and selector terminals. Check and clean all fuse holders ■ Check car frame, overhead, car and counterweight sheaves, sills and pit Page 12 of 21 • Annual lubrication of motor, motor generator and machine bearing, deflector, compound and compensating sheaves and governor tension sheave bearing. Check all fastenings • Annual car safety test. Clean, inspect and lubricate governor and safety mechanism. Check buffer oil level. • Adjust motor control and perform logic systems and operation check. • Clean hoist way and hoist way equipment including guide rails, counter weights, hoist way door hangers, interlocks, closers, headers and related devices. Check all fastenings on guide rails, brackets and entrances. Check traveling cables. 6. Five Year • Perform full load governor, safety and buffer test B. Hydraulic Elevator 1. Each Visit • Ride each elevator and observe performance; leveling, floor stops, door opening and closing operation and noise ■ Test safety edges, photo eyes, detectors, door open buttons, and alarm bell • Check for proper car and hall button operation and all indicator illuminations and lantern operations. • Check for leaks in power unit, hydraulic control valve, silencer, sound couplings and oil line 2. Monthly • Clean and inspect power unit, controller and motor. Check drive belt tension and conditions • Check for leaks and oil level in power unit. Clean power unit oil drip pan • Clean and inspect car top, operating switches, door operator and controls, car doors hangers, gibs. Detectors and/or photo eyes and safety edges. Lubricate and adjust door operator and door accessory equipment • Clean and inspect hoist ways door hangers, interlocks, linkage, pick up assembly, door gibs, non -vision wiring and hoist way switches ■ Clean and inspect hydraulic plunger, seals and packing. Check jack oil rip container • Check guide rail lubrication drip containers in pit. 3. Quarterly • Check motor and pump sheave alignment. Check motor and pump mounting fastenings. Page 13 of 21 • Adjust hydraulic control valve. Clean hydraulic control valve strainers. Check hydraulic control valve locking nuts, adjustment screws and mounting fastenings. ■ Clean and adjust controller components including contacts, relays and timers. Check transformers and rectifiers. Vacuum or brush all controller parts. • Check out completely safety circuit. • Check adjustment of roller/slide car and counterweight guides. Check bearings liners and fastenings • Inspect TM, slowdown, leveling and/or limit switches • Clean and inspect all car and hoist way door contact and interlocks • Check door closing force. Check car and hoist way hangers' rollers and adjust up thrusts. ■ Inspect door operators bearing and cams. 4. Semi Annually • Check control and main line fuses, voltage readings and motor wire connections. • Check motor overhead devices, resistors/resistance connections and starters, contactors and contacts. 5. Annually • Check all controller terminals. Check and clean all fuse holders • Check car frame, sills and pit ■ Annual hydraulic pressure test. Check relief valve seal and tag valve with current test information, date test was performed and performing company name • Perform logic systems operation check • Clean hoist way and hoist way equipment including guide rails, counter weights, hoist way door hangers, interlocks, closers, headers and related devices. Check all fastenings on guide rails, brackets and entrances. Check traveling cables. C. Escalator 1. Each Visit • Inspect machine space and lower well • Check steps • Check and clean handrail • Check comb teeth • Check skirt guard • Check lighting Page 14 of 21 ■ Inspect and lubricate step and drive chains ■ Check and test start key switches and stop switches 2. Monthly • Clean and inspect machine and controller • Clean machine space and lower well • Check stop buttons- top and bottom • Check drive machine oil level • Check comb plate- top and bottom • Check handrails, guards and brushes- top and bottom • Clean and apply friction reducing agent on step risers and skirt panels • Check demarcation lighting • Check and adjust handrail chains and drives • Inspect step and drive chains and rollers 3. Quarterly • Check main line disconnect and fuses • Check conditions of step chain guide • Check reverse phase relay ■ Check brake action and stopping distance • Check handrail tension and drive ■ Test safety switches on skirt panels and comb plate • Test broken driving chain safety switch • Test broken step chain safety switch • Test handrail inlet safety switch • Test skirt guard safety switch • Test step running safety switch ■ Test step wheel tire safety switch 4. Semi Annually • Check soffit guards • Inspect balustrade panels for damage and fastenings ■ Adjust magnet brake, gap adjustments between core and armature, adjustment or BSR (brake serial resistance) • Inspect and lubricate lower terminal gear guide • Inspect and lubricate step bearing • Inspect and lubricate each moving part of drive chain safety switch ■ Check step surfaces and structural integrity Page 15 of 21 • Check play in steps and proper riser clearance • Check running clearance between step and skirt panels • Clean intermediate oil pan 5. Annually • Clean escalator well way drip pans and related equipment • Inspect and lubricate drive motor bearings • Inspect and lubricate driving machine • Inspect and lubricate upper terminal gear bearing • Clean and inspect step tracks • Drop brake shoes, clean, lubricate and adjust • Flush gear case replace oil • Check for proper running speed • Check reversal stop switches for proper operation • Check step up thrust device for proper operation • Test drive motor overloads • Perform safety tests 1.4 Performance Standards It is the intent of this Scope of Work that the elevator/escalator equipment be maintained to reserve the operating characteristics in accordance with the original manufacturer design. A. Performance Levels 1. The following are performed levels, which are a part of the original design, and which shall always be maintained. a. Contract speed of all elevators, .dumbwaiters and lifts. Variance from rated speed, regardless of load, shall not exceed 5% on motor generator and conventional contactor type control and 2% on SCR and solid state/digital type control. b. Flight and Cycle performance times. c. Accuracy of leveling shall be measured under all load conditions. The accuracy of leveling of of an inch shall be used in this contract. d. Opening and closing times of all hoist way and car doors within limits of ASME/ANSI A17.1 Safety Code of Elevators and Escalators, latest edition. e. Door reversal devices, detectors and/or all passenger sensor devices. f. Variable car and hall door hold open times. g. Individual car and group operations and devices. h. Emergence fire service, emergency power, communications, emergency car light and alarm bell. Page 16 of 21 i. Escalator handrail vs step speed shall not vary more than 2fpm or manufacturer recommendation. B. Performance Criteria of Elevator/Escalator 1. Flight Time is the elapsed time in seconds from brake open to brake close on a one floor run of approximately 12'0" and/or elevator starting after the interlock circuit is made and elevator stops at the next landing. 2. Cycle Time is the elapsed time in seconds from car doors starting to close until the doors are three quarters open at the next landing on a one floor run of approximately 12'0". 3. Door open time is the elapsed time in seconds from the time the car doors start to open after arriving at a landing until they are fully open. 4. Door Close Time is the elapsed time in seconds from the time the car doors start to close after the call is initiated until they are fully closed with the interlock engaged. This must not exceed requirements as set forth in ASME/ANSI A17.1 Rule a 2.3 Safety Code for Elevators and Escalators, latest edition. Closing time will vary slightly depending upon door opening width and weight of the doors. 5. Door closing force must not exceed the requirement of 30 pounds as set forth in ASME/ANSI A 17.1 Safety Code for Elevators and Escalators, latest edition. This is tested by stalling the closing car door in high speed and applying a spring pressure gauge against the leading edge of the door and reading the amount of pressure the door exerts to continue closing. C. The Contractor shall maintain the equipment such that said equipment performs at its original operating capacities including standard operating speed (in feet per minute), the original performance time (including acceleration and retardation) and make the necessary adjustments as required to maintain the original door opening and closing time (within limits of applicable codes and any other original design characteristics). D. Contractor shall not make any alterations to the equipment, including control circuits, without prior written approval from the Contract Administrator. The City reserves the right to have all requested revisions reviewed and/or approved by the original equipment manufacturer prior to the changes being completed. E. All requests for alterations to the equipment made by the Contractor shall be made in writing to the Contract Administrator and accompanied by supporting prints, sketches and/or schematics. After review by the City, Contractor may be. required to provide additional detailed information including justification for the alteration. Contract Administrator shall provide written, approval of any accepted alterations prior to performance of the work. 1.5 Work Order All work shall be done through work orders. The Contract Administrator shall provide the work order copy prior to scheduling preventive maintenance and uncovered repairs. Contractor shall ask for a work order copy, if the City fails to provide. 1.6 Check IN/Out and Time Sheets Page 17 of 21 1. The Contractor's personnel shall check in with the Contract Administrator and prior to commencing work and check out after completing the work. This requirement applies to regular maintenance, repair and call backs. 2. A time sheet or ticket shall be submitted to the Contract Administrator within 24 hours of servicing or repairs. The time sheet or ticket shall include Start date/time and end date/time of work, elevator/escalator number and details, of work performed. 1.7 Quarterly Performance Review Meeting and Reports 1. The Contractor representative shall be available for a Quarterly Performance review meeting. The City incurs no added costs associated with the meeting. The Contract Administrator will inform the Contractor of this meeting 5 days before the scheduled meeting. 2. In the meeting all the elevator/escalator issues and contractor performance will be discussed on key performance indicators. 3. Contractor shall be responsible for submitting a report a week before attending meeting. Contractor shall attach all the work order copies. The reports shall describe all maintenance and repair work performed, both routine and emergency, at each location. 4. The Contractor shall submit, when applicable, any written recommendation related to safety issues, new attachments etc. in the report. 5. On all elevator shutdowns and. passenger entrapments, a comprehensive report shall be prepared and submitted to the Contract Administrator within 24 hours of the entrapment. The report shall include building location, elevator identification, date and time of entrapment, time entrapped passengers were released, cause of entrapment and corrective action taken by the Contractor. 6. Contractor shall have a Supervisor regularly conduct a field audit of the performance of Contractor's filed personnel. Contractor shall semi-annually survey all equipment covered by this Contract to conform compliance to the requirements of the Contract. 7. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator' and to assure that the requirements of the Contract are provided as specified. 1.8 Invoicing 1. Each month, the Contractor shall invoice the City for preventive maintenance and uncovered repair services, if applicable. The Contractor shall submit all tickets along with the invoice. 2. Invoices shall be sent as follows: original copy to the Accounts Payable and one copy to the Contract Administrator. Approval for payment shall be authorized by the Contract Administrator. 1.9 Contract Term and Price escalation The Term of this Contract will be for five years beginning on the commencement date. Page 18 of 21 1.10 Deliverables Contractor shall perform preventive maintenance as per the schedule developed mutually by the Contractor and Contract Administrator. Scheduled shall mentioned type of work will be performed in each visit. Contractor shall perform quality work with safety. Contractor shall comply with all applicable standards of elevator/escalators. 1.11 Allowance The purpose of the allowance is to cover services including but not limited to the after hours, unforeseen repairs and exclusion and only be utilized upon approval from Contract Administrator. 1.12 List of Equipment The Contractor is responsible to perform preventive maintenance, repairs, replacement and testing to the below mentioned list of equipment. The City of Corpus Christi reserves the right to add or to remove the equipment from the preventive maintenance program. No Manufacture Location Type Drive Type 1 Montgomery City Hall Escalator Electric 2 Montgomery City Hall Escalator Electric 3 MCE City Hall Passenger Electric 4 MCE City Hall Passenger Electric 5 MCE City Hall Passenger Electric 6 MCE City Hall Passenger Electric 7 TKE Central Library Passenger Hydraulic 8 TKE Central Library Passenger Hydraulic 9 Dover Museum of Science and History Passenger Hydraulic 10 Dover Museum of Science and History Passenger Hydraulic 11 OTIS CC Police Department Passenger Electric 12 Schindler CC Police Department Passenger Electric 13 Schindler CC Police Department Passenger Electric Page 19 of 21 14 Esco W R METZGER HEALTH DEPARTMENT Passenger Hydraulic 15 16 Inclinator MULTI CULTURAL CENTER (GALVAN HOUSE) Wheelchair Lift Electric Schindler CC INTERNATIONAL AIRPORT Passenger Hydraulic 17 Schindler CC INTERNATIONAL AIRPORT Passenger Hydraulic 18 Schindler CC INTERNATIONAL AIRPORT Passenger Hydraulic 19 Schindler CC INTERNATIONAL AIRPORT Escalator Electric 20 Schindler CC INTERNATIONAL AIRPORT Escalator Electric 21 Schindler CC INTERNATIONAL AIRPORT Escalator Electric 22 Schindler CC INTERNATIONAL AIRPORT Escalator Electric 23 Schindler CC INTERNATIONAL AIRPORT Passenger Hydraulic 24 Schindler CC INTERNATIONAL AIRPORT Escalator Electric 25 Otis FROST NATIONAL BANK Passenger Electric 26 Dover GREENWOOD WATER TREATMENT Passenger Hydraulic 27 TKE 0 N STEVENS WATER TREATMENT PLANT Passenger Hydraulic 28 Otis 1 0 N STEVENS WATER TREATMENT PLANT Freight Electric 29 ThyssenKrupp PUBLIC SAFETY WAREHOUSE Elevator 30 Sedgwick GENERAL SERVICE CENTER- AYERS Dumbwaiter Dumbwaiter Page 20 of 21 Page 21 of 21 31 Sedgwick GENERAL SERVICE CENTER- AYERS Dumbwaiter Dumbwaiter 32 Savaria PARKDALE/NEYLAND LIBRARY Wheelchair Lift Wheelchair Lift Page 21 of 21 Cpl-• pr°• •, 87rnraleii; ". 185'2,, ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY Preventive Maintenance Program for all Elevator, Escalator, Dumbwaiter and Wheelchair Lift Including Repairs, Replacement and Annual Testing and 5 years testing. Total no of Equipment - 32 Pre- existing Repairs as per survey conducted and state inspector report except City Hall Labor service rate and Mark up as shown below Buy Board Contract 501-15 TOTAL 60 1 UNIT UNIT PRICE Months $ 6,616.55 Lumpsum $1 1,752.70 PRICE TOTAL $ 396,993 $ 11,752.70 $408,745.70 The maintenance price quoted is subject to yearly reconsideration and adjustment based on the cost of labor and material for the month in which the anniversary date falls. It considered, the rate shall not exceed 3% annually. Labor Service Rates These rates will be taken in to consideration when the repairs are not covered under the Scope of work- Attachment A and Call back service are after the Normal hours. 1 Mechanic Normal Hours - 8:00 AM to 5:00 PM (Monday to Friday) J $ 126.00 1 Helper Normal Hours - 8:00 AM to 5:00 PM (Monday lo Friday) f $ 88.00 Team (1 Mechanic and 1 Helper) Normal Hours - 8:00 AM to 5:00 PM $ 214.20 (Monday to Friday) Team (2 Mechanics) Normal Hours - 8:00 AM to 5:00 PM (Monday to Friday) Page 1 at 2 $252.00 1 Mechanic Overtime Hours - After 5:00 PM (Monday to Friday) 1 Helper Overtime Hours - After 5:00 PM (Monday to Friday) 1 Team (1 Mechanic and 1 Helper) Overtime Hours - After Hours - 5:00 PM (Monday to Friday) Team (2 Mechanics) Overtime Hours - After 5:00 PM (Monday to Friday) 1 Mechanic Weekends and Holidays 1 Helper Weekends and Holidays Team (1 Mechanic and 1 Helper) Weekends and Holidays 2 Mechanics Weekends and Holidays Mark Up (%) - 30 %. COMPANY: EMR Elevator, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Hope L. Evans $ 214.20 $ 149,94 $ 364.14 $ 428.40 $ 252.00 $ 176.40 $ 428.40 $ 504.00 ADDRESS: 2320 Michigan Ct. CITY / STATE/ZIP: Arlington, TX 76016 PHONE: 817-701-2400 EMAIL: hope.evans@emrelevator.com FAX: 817-701-2404 - DATE: August 29, 2018 SIGNATURE:: r TITLE: President Page 2 of 2 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 $1,000,000 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. 2018 Insurance Requirements Purchasing Preventive Maintenance and Repairs to all Elevators and Escalators located at different City Facilities. 08/29/2018 sw Risk Management Valid Through 12/31/2018 ATTACHMENT D: WARRANTY REQUIREMENTS A. Repairs and Replacement of parts/components are part of the Preventive Maintenance program except uncovered repairs/replacement mentioned in Scope of work- Attachment A. B. If any parts fail before the end of the warranty period, it is the responsibility of the contractor to repair or replace the part at no extra cost to the City. C. The Contractor shall provide at no additional cost to the City, a 12 -month warranty for all materials, parts, repairs and workmanship furnished by the Contractor in fulfillment of uncovered repairs. Warranty shall commence on the date of acceptance of the work by the Contract Administrator. The remedy of the breach of warranty shall require the Contractor to correct or replace any defects found in materials and parts provided or for the correction of faulty workmanship. Page 1 of 1 DATE:October 16, 2018 TO:Keith Selman, Interim City Manager FROM :Kim Baker, Assistant Director of Financial Services – Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a service agreement with South Texas Metal Roof, of Corpus Christi, Texas, for the replacement of the City warehouse roof for a total amount not to exceed $142,500.00. PURPOSE: This is a motion to approve a service agreement for the replacement of the City warehouse roof. BACKGROUND AND FINDINGS: The City warehouse stores supplies and some equipment for the different departments throughout the City. The leaky roof has been an ongoing issue for several years and needs replacement. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, South Texas Metal Roofing. Service Agreement for City Warehouse Roof Replacement AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting October 23, 2018 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: Finance FINANCIAL IMPACT: x Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $142,500.00 $0.00 $142,500.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $142,500.00 $0.00 $142,500.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Stores Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement TITLE: RFB 1800 City Warehouse Roof Replacement BUYER: Cynthia Perez UNIT EXTENDED UNIT EXTENDED PRICE PRICE PRICE PRICE 1 Remove Existing 19,000 square feet metal roof and install a new 24-gauge commercial grade standing seam Galvalume metal roof. Lump Sum 1 $270,000.00 $270,000.00 $142,500.00 $142,500.000 $270,000.00 $142,500.00 Corpus Christi, TXCorpus Christi, TX TOTAL South Texas Metal RoofingGourley Contractors, LLC DESCRIPTIONITEM Unit QTY CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION SERVICE AGREEMENT NO. 1800 City Warehouse Roof Replacement THIS City Warehouse Roof Replacement Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and South Texas Metal Roofing ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide City Warehouse Roof Replacement in response to Request for Bid/Proposal No. 1800 ("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 City Warehouse Roof Replacement ("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 4 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $142,500.00, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Jesse Hernandez Department: Superintendent of Operations Phone: (361) 826-1983 Email: JesseH@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 ail 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. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) 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 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 001 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers, Bldg. 3A, Corpus Christi, TX 78415 Phone: (361) 826-1983 Fax: (361) 826-1989 IF TO CONTRACTOR: South Texas Metal Roofing Attn: Sigifredo Montemayor Title: Owner Address: 2217 Flour Bluff Drive, Corpus Christi, Texas 78418 Phone: (361) 937-4600 Fax: N/A 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. 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. 25. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signatu r Printed Name: )1 -'7 /:-- i i2 Title: 0 vVi,/6 R Date: 7- .5*-- 7d-- /1I F 4 /Or 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1800 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide roof replacement services to the City Warehouse Roof as outlined in this Scope of Work. The City Warehouse is located at 5352 Ayers Road, Bldg. #6, Corpus Christi, Texas 78415. 1.2 Scope of Work The Contractor shall provide all supervision, labor, transportation, tools and equipment necessary for the completion of the project. All work must be performed in accordance with federal, state, local building codes and OSHA safety requirements, including but not limited to IBC 2015, 1MC 2015 and NEC 2017. Repairs 1. Prior to performing any work the Contractor shall obtain a roofing permit through the City Development Services Department. 2. The Contractor shall perform at a minimum the following work to provide a completed roof replacement: a.) The Contractor shall remove existing metal roof consisting of 19,000 square feet. b.) The Contactor shall remove and replace the front beams and rain gutters. c.) The Contractor shall eliminate the skylights. d.) The Contractor shall install a safety netting, while replacing the roof. e.) The Contractor shall install ceiling panels. f.) The Contractor shall install ridge venting to meet windstorm requirements. g.) The Contractor shall install 19,000 square feet of 24 -gauge commercial grade standing seam Galvalume metal for roof replacement. 3. The Contractor shall be responsible for providing the Windstorm Inspection Process (WPI). The Contractor shall facilitate WPI 1 and WPI 8. WPI 8 shall be done after replacement. The Contractor shall provide a windstorm certificate. 4. The Contractor shall obtain and pass all required building inspections through the City Development Services Department. 5. The Contractor shall have a sufficient number of responsible, trained personnel to provide the required services. 1.3 Work Location The work shall be performed at City Warehouse - 5352 Ayers Rd. Bldg. 6, Corpus Christi, Tx, 78415. The City Staff will be working in the Warehouse. A netting for safety needs to be in place while the Contractor is replacing the roof. 1.4 Safety and Protection of Property The Contractor will be responsible for protecting the safety of the employees, customers and materials/supplies that are stored in the warehouse while working at the City Warehouse. The roof may not be left exposed to the elements such as damaging weather. 1.5 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. 1.6 Project Schedule 1. Work shall be completed in 16 weeks. 2. The Contractor shall provide a project schedule at the beginning of the project that meets the schedule requirements. The Project Schedule shall identify start date, Permitting, Equipment Delivery Dates, Duct work Modification (if any), inspections, and Substantial Completion. The Contractor shall submit project schedule for approval to the Contract Administrator before commencing work. 1.7 Warranty The Contractor shall issue a minimum 20 -year warranty for the roof. Attachment B - Bid Pricing/Schedule Bidder:f�,%"i 1. 2. 3. , CITY OF PURCHASING BID FORM RFB No. 1800 City Warehouse a CORPUS Terms at independently, any other regard and and company of CHRISTI0-40: DIVISION Root Replacement PAGE 1OF1 x,,. r �:j1:SE9 zs� Date: Refer completing Quote In submitting a. the communication, purpose b. Bidder on and c. Bidder applicable d. Bidder Authorized S1 Signature: ci.fi 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 of restricting competition with is an Equal Opportunity Employer, file with City's Purchasing office, pursuant true. is current with ail taxes due governmental agencies. acknowledges receipt and review and Conditions before without consultation, 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 Remove Existing 19,000 square feet metal roof and install a new 24 -gauge commercial grade standing seam Galvalume metal roof. Lump Sum 1 $ `42_ ,c60, r $ i 42„, ..-,,CQ �_ Total $ ILI2,600. Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obfained_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 $1,000,000 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. Il. 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. 2018 Insurance Requirements Facility and Property Management Roofing Installation, Replacement and Repair Services 01/02/2018 sw Risk Management Valid Through 12/31/2018 Attachment C -- Bond Requirements Payment and Performance Bonds required are for the full value of the agreement and will automatically adjust for any changes in the project. Attachment D - Warranty Requirements The Contractor shall issue a minimum 20 -year warranty for the roof. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2018 Action Item for the City Council Meeting of October 23, 2018 DATE:September 28, 2018 TO:Keith Selman, Interim City Manager THRU:Sylvia Carrillo-Treviño, Assistant City Manger FROM:Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 CAPTION: Motion approving the 2018 Property Tax Levy of $126,930,210.19 based on the adopted property tax rate of $0.626264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Tax Code and is the last step in complying with the “Truth-in-Taxation” guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit’s tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2018 that is based upon a property tax rate of $0.626264 per $100 valuation and a taxable value of $21,023,693,312 is as follows: Tax Levy Component $85,525,645.81 Supporting the City’s maintenance and operations ($0.406806) 46,138,176.87 Supporting the City’s debt service ($0.219458) $131,663,822.68 152,860.78 Add: Net Late Rendition Penalty – Personal Property Accounts (4,886,473.27) Less: Over-65/Disabled Homestead Frozen Levy Loss $126,930,210.19 2018 Ad Valorem Tax Levy Approval of 2018 Tax Levy Additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual’s tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2018-2019 reflects the effect of the fourteenth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: It should also be noted that property taxes budgeted in the FY 2018-2019 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $21,008,504,927 – made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $21,023,693,312 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $15,188,385 increase in assessed values certified by the Nueces County Tax Office. In the FY 2018-2019 budget adopted by the City Council on September 18, 2018, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $124,013,598. When comparing this figure to the certified ad valorem tax levy of $126,930,210, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2018-2019 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City’s operating budget. By applying a 97.5% collection rate to the certified levy, the resulting “net” levy is calculated to be $123,638,615 – which is $374,983 less than the total ad valorem tax revenue adopted in the FY 2018-2019 budget of $124,013,598, a difference of less than 0.03%. Therefore, no budgetary adjustments for the FY 2018-2019 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney’s Office FINANCIAL IMPACT: □ Not Applicable □ Operating Expense X Revenue □ CIP Project to Date Exp.Current Future FISCAL YEAR:(CIP Only)Year Years TOTALS Budget -124,013,598$ -$ 124,013,598$ Encumbered/Expended amount of (date) - - - - This item --$ -$ -$ BALANCE -124,013,598$ -$ 124,013,598$ FUND(S): 1020 "General Fund"78,516,438$ 2010 "Debt Service Fund"42,356,947$ 1111 "Reinvestment Zone #2"2,412,597$ 1112 "Reinvestment Zone #3"727,616$ Comments: The revenue reflected in the Financial Impact table represents the property tax revenue that was included in the FY 2018-2019 adopted budget and varies from the amount listed in the motion language due to the reasons listed on the previous page. No budget amendment is needed at this time. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Tax Levy for the Tax Year 2018 DATE:October 9, 2018 TO:Keith Selman, Interim City Manager FROM:E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 STAFF PRESENTER(S): Name Title/Position Department 1.E. Jay Ellington Director Parks & Recreation BACKGROUND: The Unified Development Code (UDC) was adopted May 10, 2011 and established the Community Enrichment Fund (CEF). The funds shall be utilized within a 5-mile radius of the project that created them and shall be spent in 7-years of their payment. Currently, the balance in the fund is $4,808,592.76. Of this amount, $2,532,104.73 is unrestricted (these funds came from Park sales or other donations). LIST OF SUPPORTING DOCUMENTS: Presentation - CEF and Park Sales Revenue Community Enrichment Funds & Park Sales Revenue AGENDA MEMORANDUM City Council Meeting of October 16, 2018 Council Presentation October 16, 2018 Community Enrichment Funds & Park Sales Revenue 1 2 Establishment •Established to hold *Donations *Public Open Space Fees *Proceeds from Sales •Unified Development Code, Article 8.3 Public Open Space •Requires developers to meet two requirements •Parkland Requirement Single Family = 1 acre per 100 dwellings Multi-family = 1 acre per 200 dwellings Cash in lieu of land •Land requirement x Market value of acre •Maximum market value cap: $62,500/acre •Regional, community and neighborhood parks within 5 miles per master plan The Unified Development Code (UDC) established the Community Enrichment Fund (CEF) •Ordinance # 029727 amended the CEF Section: Fee in Lieu of Land •8.3.6. a – removed requirement for Parks & Recreation Advisory Committee approval •8.3.6. c - established that revenues derived from development fees shall be reinvested in the park system •8.3.6. c - amended the radius of 1.5-mile to 5 miles for which funds shall be utilized (We are tracking projects by when funds entered the system.) 3 Establishment Current balance $4,808,592 Unrestricted - $2,532,105 Restricted - $2,276,487 Current Backlog of Park Improvements – exceeds $7 million *With existing staff, we are only able to spend $750,000 annually. 4 5 Community Enrichment Funds Neighborhood Parks Playgrounds Fitness Equipment Tree Planting Project Hike & Bike Trail Development Major Investment Parks West Guth Bill Witt Parker and Waldron Labonte Captain Falcon •Parker Park Playground •Almanza Park Playground •Breckenridge Park Playground •Middlecoff Park Playground •Southfork Park Playground •Bill Witt Park •West Guth Park •Collier Parks 6 Recent Improvements 7 Recommendations Shade Structure Type Park Acers Location Address Council Districts Cost NP Lt. Stuart J. Alexander 5.18 Frontier & Winrock 10622 Frontier Dr.1 $ 100,000 NP Dan Whitworth 4.34 Meadowbrook & St. Pius 701 S. Pius 4 $ 100,000 C Los Encinos 10.00 Greenwood & La Joya 5800 Greenwood 3 $ 100,000 Sprayground C St. Andrews 30.55 Royalton & St. Andrews 5902 St. Andrews 5 $ 245,000 C Lindale 10.93 Swantner& McCall 3133 Swantner 2 $ 245,000 N Inwood 2.27 Mansheim & Vestal 4821 Vestal 3 $ 150,000 Total $ 940,000 8 Spraygrounds 9 Shade Structures 10 Questions? DATE:October 1, 2018 TO:Keith Selman, Interim City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3360 STAFF PRESENTER(S): Name Title/Position Department Lisa Aguilar Assistant City Attorney Legal BACKGROUND: On August 21, 2018, during the City Council meeting, the presentation on anti-lobbying was requested during the “Identify Council Future Agenda Items” section of the meeting. LIST OF SUPPORTING DOCUMENTS: PowerPoint – Anti-Lobbying Provisions in City Procurements Anti-Lobbying Provisions in City Procurements AGENDA MEMORANDUM City Council Meeting of October 16, 2018 City Council Presentation October 16, 2018 Anti-Lobbying Provisions in City Procurements 2 Purchasing/Engineering Anti-lobbying terms in general “No contact period” From time City issues the bid invitation/ request for proposals, until the time the contract is executed, no City contact except through designated contact. •This assists City with efficient management of the procurement process. •Ensures that all parties receive the same information. •Promotes level playing field. 3 Standard Language in Purchasing procurements Contractor’s Ethical Behavior By submission of its bid/proposal, the Bidder/Proposer promises that Bidder’s/Proposer’s officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder’s bid/Proposer’s proposal submitted in response to this RFB/RFP, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB/RFP is released to the public and the date a Contract is executed by the City Manager or designee. Such behavior will be cause for rejection of the Bidder’s bid at the discretion of the City Manager or designee. 4 Purchasing-Ethical Behavior Form “By submission of its proposal, the Proposer promises that Proposer’s officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Proposer’s proposal submitted in response to this RFP, directly or indirectly, through any contact with City Council members or other City officials between the date this RFP is released to the public and the date a Contract is executed by the City Manager or designee. Such behavior will be cause for rejection of the Proposer’s proposal at the discretion of the City Manager or designee. ” 5 Purchasing Certification for Federally Funded Projects No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. . . . . 6 Engineering -- Standard “Restriction on Contacts” Provisions Generally, during “No Contact Period”, Respondent shall make “Representations” through “AuthorizedContact” only “No-Contact Period” means the period of time from the date of issuance of this RFP until a contract is executed. If the City withdraws the RFP or rejects all responses with the stated intention to reissue the same or similar Solicitation for the same or similar project, the No-Contact Period continues during the time period between the withdrawal and reissue. 7 “Representation” means a communication, written or oral, from a Respondent or its Agent to a Council Member, City Official, City Employee, or City representative, related to a Response or this RFP that is intended to or that is reasonably likely to: A. Provide information about the Response; B. Advance the interests of the Respondent in regards to this RFP; C. Discredit the Response of any other Respondent; D. Encourage the City to withdraw the RFP; E. Encourage the City to reject all of the Responses; F. Convey a complaint about a particular matter related to this RFP; or G. Directly or indirectly ask, influence, or persuade any City official, City employee, or body to favor or oppose, recommend or not recommend, vote for or against, consider or not consider, or take action or refrain from taking action of any vote, decision, or agenda item regarding this RFP. Engineering -- Standard “Restriction on Contacts” Provisions 8 Respondent and their response are disqualified for violations. Disqualified for a reissue of the same or similar RFP for the same or similar project. Contract voidable by the City Manager. Opportunity to submit a written appeal or a hearing process with written notice to the Respondent. Engineering-Stated Potential results of Violating “Restriction on Contacts” Provisions 9 City Ordinance 2-316 Lobbyist Registration Person who engages in “lobbying” for compensation with respect to any client must register as a lobbyist with City Secretary. Several Exceptions including:Made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; A Registration form must be completed and filed by a person required to register prior commencement of lobbying for a client 10 City Ordinance 2-316 Lobbyist Registration Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any “municipal question”. “Municipal question” means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to-day application, administration, or execution of city programs and policies. 11 Lobbyist Registration Exceptions The term lobby or lobbying does not include a communication: (1) Merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) Made by a public official or employee acting in his or her official capacity; (3) Made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) Made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) Made at a meeting open to the public under the Open Meetings Act; (6) Made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; 12 Lobbyist Registration Exceptions cont’d The term lobby or lobbying does not include a communication: (7) Made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) Made in writing to provide information in response to an oral or written request by a city official for specific information; (9) The content of which is compelled by law; (10) Made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11) Made on behalf of an individual with regard to that individual's employment or benefits; (12) Made by a fact witness or expert witness at an official proceeding; or (13) Made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. AGENDA MEMORANDUM for the City Council Meeting of October 16, 2018 DATE:October 11, 2018 TO:Keith Selman, Interim City Manager FROM:Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com Restoring Winter Quarter Averaging STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager 2. Dan Grimsbo Executive Director of Water Utilities Water Utilities 3. Reba George Assistant Director of Support Services Water Utilities BACKGROUND: This presentation will review possible restoring of winter quarter averaging for wastewater charges. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation City Council October 16, 2018 1 Restoring Winter Quarter Averaging 2 Wastewater Rate •Current wastewater rate for residential customers is based on actual water usage (effective January 1, 2018) •Previously, a winter quarter average was used to determine residential wastewater rates •Repeal current wastewater rate and go back to most recent winter quarter average for residential customers during 2017 •New residential customers that do not have a winter quarter average would be charged for 3,000 gallons Wastewater Rate Summary 3 2016 and 2017 (Winter Qtr. Ave.) CURRENT (Water Use) PROPOSED (Winter Qtr. Ave.) Minimum charge – first 2,000 gallons $34.03 $32.60 $34.03 Per 1,000 up to 25,000 $6.69 -----$6.69 2,000 – 6,000 gallons 6,001 – 15,000 gallons 15,001 – 25,000 gallons $ 3.25 $ 4.85 $ 7.25 RESIDENTIAL – Inside City Limits Recommendations 4 •Continue with current wastewater rate structure and continue collecting and analyzing data •Create advisory board or commission to focus on utility rates and charges ICL Residential Trend 5 - 5 10 15 20 25 30 35 40 45 0 to 2 2 to 6 6 to 10 10 to 15 15 to 30 30 to 50 50 to 100 100 to 1000Number of CustomersThousandsVolume Billed (1000 Gal) 2011 2012 2013 2014 2015 2016 2017