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Agenda Packet City Council - 10/23/2018
City Council City of Corpus Christi Meeting Agenda - Final 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, October 23, 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 Pastor David Bendett, Rock City Church. C.Pledge of Allegiance to the Flag of the United States to be led by Becky Perrin, Assistant Director of Parks and Recreation. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.18-1330 Proclamation declaring October 23, 2018, "Indigenous Tribes of the Coastal Bend Day". Proclamation declaring October 25, 2018, "Celebration of Family: Honoring 2018 Four-Star Parents". Proclamation declaring October 2018, "National Breast Cancer Awareness Month". Proclamation declaring October 2018, "Neonatal Abstinence Syndrome Awareness Month". Page 1 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final Proclamation declaring November 3, 2018, "Face-to-Face Walk for Memory Day". F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.UTILITY BILLING UPDATE b.STRATEGIC FUTURE ISSUES c.OTHER G.MINUTES: 2.18-1335 Regular Meeting of October 16, 2018. Minutes - October 16, 2018Attachments: 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 10/22/2018 October 23, 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 - 11) 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. 3.18-1240 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: 4.18-1180 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: Page 3 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final 5.18-1254 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. Agenda Memo -Purchase of Fairbanks Pump Price Sheet-Purchase of Fairbanks Pump Attachments: 6.18-1241 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: 7.18-1242 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: 8.18-1266 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 Page 4 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final 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 2013 RTA Interlocal Agreement.pdf Attachments: 9.18-1126 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: 10.18-1244 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: 11.18-1280 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: L.RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M.PUBLIC HEARINGS: (ITEMS 12-13) 12.18-1296 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 15621 and 15625 South Padre Island Page 5 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final Drive (Requires 2/3 Vote) Case No. 0918-02 Rakesh Patel : Request for rezoning property at or near 15621 and 15625 South Padre Island Drive from “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District. Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District, in lieu thereof: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from “CR-2/IO” Resort Commercial District with the Island Overlay to the “CR-2/IO/SP” Resort Commercial District with the Island Overlay and a Special Permit. Agenda Memo_0918-02 Rakesh Patel Ordinance_Special Permit_0918-02 Rakesh Patel Ordinance_0918-02 Rakesh Patel CC Report_0918-02 Rakesh Patel Presentation_0918-02 Rakesh Patel Attachments: 13.18-1294 Public Hearing and First Reading Ordinance - Amending City Code for Water Master Plan Amendment - South of Oso Creek Ordinance amending the City of Corpus Christi Comprehensive Plan by amending the City’s Water Distribution System Master Water Plan South of Oso Creek. Agenda Memo - Water Master Plan South of Oso Creek Ordinance - Water Master Plan South of Oso Creekv2 Attch 1 - 1997 Master Plan - Current Attch 2 - Prop South of Oso Creek Water MP Presentation_Water Master Plan Attachments: N.REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O.FIRST READING ORDINANCES: (ITEMS 14 - 15) 14.18-1292 First Reading Ordinance - Accepting and appropriating the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant (Requires 2/3 Vote) Page 6 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. Agenda memo JAG grant appropriation 10.16.2018 Ordinance - Edard Byrne JAG grant FY18 City of CC Robstown Interlocal Agreement City of CC Nueces Co Interlocal Agreement AWARD_REPORT Attachments: 15.18-1295 First Reading Ordinance - Lease Agreement for Lake Corpus Christi Campground (28 Day Delay Required) (Requires 2/3 Vote) Ordinance authorizing a fifteen-year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up to an additional ten-year term. Agenda Memo Kamping Pleasures Lease Ordinance for Kamping Pleasures Lease 2018 Kamping Pleasures City Lease final 10-3-18 Map - Ex B Kamping Pleasure Attachments: P.FUTURE AGENDA ITEMS: (ITEMS 16 - 18) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 16.18-1207 Master Services Agreement for Subsurface Utility Engineering (SUE) Services (Capital Improvement Project) (Requires 2/3 Vote) Motion to authorize execution of a Master Services Agreement with Cobb, Fendley & Associates, Inc., of Corpus Christi, Texas for a period of 1 year in the amount of $300,000 with one optional 1-year renewal to be administratively awarded for a total contract cost of $600,000 for Subsurface Utility Engineering (SUE) Services project. Agenda Memo- SUE Services Budget- SUE Services Location Map - SUE Services Presentation- SUE Services Master Services Agreement - Sue Services - Signed Attachments: Page 7 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final 17.18-1268 Professional Services Contract Amendment No. 1 for Seawall Capital Repairs (CIP - Type A) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 1 to a professional services contract with Munoz Engineering of Corpus Christi, Texas in the amount of $91,213 for a total restated fee of $108,493 for the Seawall Capital Repairs project. Agenda Memo - Seawall Capital Repairs Project Budget - Seawall Capital Repairs Location Map - Seawall Capital Repairs.pdf Presentation - Seawall Capital Repairs Amd 1 - Seawall Cap Repairs Munoz Attachments: 18.18-1255 Purchase of Uniforms for the Gas Department (Requires 2/3 Vote) Motion authorizing the purchase of uniforms for the Gas Department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $122,795.50. Agenda Memo - Uniform Purchase for Gas Department Price Sheet - Uniform Purchase for Gas Department Attachments: Q.BRIEFINGS: (NONE) 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. R.EXECUTIVE SESSION: (ITEMS 19 - 20) 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. 19.18-1334 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential settlement of claims on behalf of and/or Page 8 City of Corpus Christi Printed on 10/22/2018 October 23, 2018City Council Meeting Agenda - Final against City involving SpawGlass Civil Construction, Inc., Harvey Cleary Builders, Inc., FDL-CC, LLC, and related entities involved in the malfunction of a fire suppression system on or about June 15, 2017 and the necessitated removal of soil and/or subgrade affected by introduction of fire suppressant into adjacent areas of construction. 20.18-1343 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 Texas Utilities Code, utility billing regulations, policies, and practices, the regulation of and charges associated with biochemical oxygen demand, total suspended solids, and other wastewater components, and other matters related to the provision of water services, including, but not limited to, issues related to Kane Beef, and agreements related to the aforementioned matters. 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 9 City of Corpus Christi Printed on 10/22/2018 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, 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. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:31 a.m. Invocation to be given by Deacon Mark Arnold, Diocese of Corpus Christi.B. Deacon Mark Arnold gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Assistant Chief David Blackmon, Corpus Christi Police Department. C. Assistant Police Chief David Blackmon 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 10/18/2018 October 16, 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 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". Mayor McComb presented the proclamations. 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. 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 meeting. City Secretary Rebecca L. Huerta conducted the public comment period. Don Laux, 401 N. Chaparral, requested that the City Council consider appointing him to serve on the Airport Board or the Marina Advisory Committee. George Silver, Jr., 741 Wildwood Drive, spoke regarding: the storm water system; wastewater charges; and the City finding a solution to resolve the utility billing issues. Margareta Fratila, 3606 Tripoli, spoke regarding utility bill issues, including procedures related to rental properties. Pat Meredith, 1794 Starcove, spoke regarding an increase in her utility bills. Wendy Herman, Executive Officer of the Coastal Bend Homebuilders Association, 5325 Yorktown, spoke regarding Agenda Item 24, community enrichment funds and park sales revenue, and requested the following: that the City Council direct the Park and Recreation Department to not spend the Community Enrichment funds until a complete audit is performed and provide information regarding the process used to recommend parks for spraygrounds. Alissa Mejia, 4302 Ocean Drive, and member of the Parks and Recreation Advisory Committee (PRAC), spoke regarding Agenda Item 24, community enrichment funds and Page 2City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes park sales revenue, and addressed the following topics: that the PRAC voted unanimously regarding the shade structures and sprayground; how the community enrichment funds were being used; the requirement that developers can provide cash in lieu of land; and use of the funds for long-term improvements. Dotson Lewis, 15241 Isabella, Chairman of the PRAC, spoke regarding Agenda Item 24, community enrichment funds and park sales, and spoke regarding: the recommended sites regarding shade structures and spraygrounds and receiving community input. James T.C. Chadden, 1718 Arlington, spoke regarding shade structures for Sherrill Park; the quality of the food at senior centers; and accessibility. Janet Newcomb, 1314 Meadowlane, spoke regarding the nuisances related to the hookah smoking lounge located near McArdle Road and Nile Drive. 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: OTHERc. 1) Citizens have expressed concern regarding dropping lake levels. The City has been releasing water in expectation of water arriving soon. 2) The City's Public Libraries collected 1.2 tons of non-perishable food items through the "Food for Fines Program". 3) Solid Waste Services is offering community cleanup trailers and 33 tons of trash were collected by volunteers in the community. 4) Interim City Manager Selman provided a recap of the items that City Council approved related to the City Council's goals for Economic Development, Water, and Streets. 5) The City Call Center's average call wait times continue to decrease and are below five minutes. Interim City Manager Selman added that staff is working to implement the customer relations management software. 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 an overview of the progress related to the utility billing system including: the improvements made to the utility bill; the reasons utility customers have not been receiving utility bills; proactive outreach to customers that have not been receiving utility bills; maintenance on the data collection units (DCU) and meter transmitters; and standard operating procedures to eliminate errors. Council members discussed the following topics: the utility bills including the customer's usage volume; a plan to return to winter-quarter averaging at this time and Mr. Collin's recommendation to freeze the current system to allow staff to evaluate the utility billing system; some residents who have accumulated high bills not having the means to pay or choosing not to pay a portion of the bill; the issues related to the utility billing software; an explanation regarding the methodology of utility billing; and the difference regarding the rate calculations between winter-quarter averaging and charges based on water consumption. STRATEGIC FUTURE ISSUESa. None. Page 3City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes CITY PERFORMANCE REPORT - SOLID WASTE SERVICESb. Director of Solid Waste Operations Lawrence Mikolajczyk provided a briefing on the Solid Waste Department, including the mission statement; operational profile; baseline information; and performance indicators. Council members spoke regarding the following topics: street sweeping schedules, target areas, and hours of operation; the increase in recycling and solid waste collections from FY2015-2016 to FY2016-17; that all residents of Corpus Christi can use the City's landfill; the lifespan for the Cefe Valenzuela Landfill; the cost to acquire the Cefe Valenzuela Landfill; another community's methodology regarding solid waste; that residents can take up to four tires per day, at no charge, to the J.C. Elliott Transfer Station; the Litter Critter Program and Community Cleanup Events; and an explanation regarding the recycling process. MINUTES:G. 2.Regular Meeting of October 9, 2018 and Special Meeting of October 9, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Lindsey-Opel and passed unanimously. BOARD & COMMITTEE APPOINTMENTS: (NONE)H. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 14)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member requested that Item 4 be pulled for individual consideration. City Secretary Rebecca L. Huerta announced that Council Member Roy was abstaining on Item 11. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Lindsey-Opel, to approve the Consent Agenda. 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.Authorizing Use of Type B Arterial and Collector Funds for Three Streets (Requires 2/3 Vote) Page 4City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes 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 passed on the consent agenda. Enactment No: M2018-194 5.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. This Motion was passed on the consent agenda. Enactment No: M2018-196 6.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 passed on the consent agenda. Enactment No: M2018-197 7.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 passed on the consent agenda. Enactment No: M2018-198 8.Second Reading Ordinance - Rezoning for a Property located at or Page 5City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes near 6641 Lipes Boulevard (Requires 2/3 Vote) (1st Reading 10/9/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031575 9.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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031576 10.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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031577 12.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 Page 6City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes for smoking lounges and the appropriate zoning district; and providing for penalties. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031579 13.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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031580 14.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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031581 4.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. Mayor McComb referred to Item 4, a construction contract for Flato Road from Agnes Street to Bates Road project. Director of Engineering Services Jeff Edmonds, Assistant City Manager Mark Van Vleck, and council members discussed the following topics: the costs associated with utilities; how the cost of utilities impacts utility rates; how utilities are calculated; drainage problems on Flato Road; the construction schedule; the challenges associated with bond projects; and the anticipated rollout date of Bond 2018 should the propositions be voter-approved. Council Member Rubio made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Page 7City of Corpus Christi Printed on 10/18/2018 October 16, 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 Roy, Council Member Rubio and Council Member Smith 9 - Abstained:0 Enactment No: M2018-195 11.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. Mayor McComb referred to Item 11. City Secretary Rebecca L. Huerta announced that Council Member Roy was abstaining from this item. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Lindsey-Opel. This Ordinance was passed on second 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 Rubio and Council Member Smith 8 - Abstained:Council Member Roy1 - Enactment No: 031578 EXECUTIVE SESSION: (ITEM 27)R. Mayor McComb deviated from the agenda and referred to the day's executive session. The Council went into executive session at 1:33 p.m. The Council returned from executive session at 2:40 p.m. 27.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. Mayor McComb referred to Item 27 and the following motions of direction were considered: Page 8City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes MOTION OF DIRECTION Council Member Guajardo made a motion directing the Interim City Manager to expedite the potential sale of 6099 Ennis Joslin by presenting actions to treat said property as a dedicated public road for purposes of the sale process, seconded by Council Member Smith. This Motion of Direction was passed and approved with the following vote: Mayor McComb and Council Members Hunter, Molina, Smith, and Guajardo voting "Aye"; Council Members Lindsey-Opel, Roy, Rubio, and Garza voting "No". MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to place the property located at 6053 Ennis Joslin into the park process, seconded by Council Member Rubio and passed unanimously. RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Item 27. PUBLIC HEARINGS: (NONE)M. REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (NONE)O. FUTURE AGENDA ITEMS: (ITEMS 15 - 23)P. Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had planned presentations on Items 19 and 20. Mayor McComb requested information on Item 22. 15.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. This Motion was recommended to the consent agenda. 16.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 Page 9City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes Plant for the total amount not to exceed $70,990. This Motion was recommended to the consent agenda. 17.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. This Motion was recommended to the consent agenda. 18.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. This Motion was recommended to the consent agenda. 19.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. This Motion was recommended to the consent agenda. 20.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. This Resolution was recommended to the consent agenda. 21.Service Agreement for Elevator and Escalator Preventive Page 10City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes 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. This Motion was recommended to the consent agenda. 22.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. This Motion was recommended to the consent agenda. 23.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. This Motion was recommended to the consent agenda. BRIEFINGS: (ITEMS 24 - 26)Q. 24.Community Enrichment Funds and Park Sales Revenue Mayor McComb referred to Item 24. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provided an overview of the Community Enrichment Funds and park sales revenue. Mr. Ellington presented the following information: the establishment of the Community Enrichment Funds; the current fund balance, unrestricted and restricted; the current backlog of park improvements; how the Community Enrichment Funds are spent; recent improvements; recommendations regarding the installation of shade structures and spraygrounds; and examples of the spraygrounds and shade structures. Council members and staff discussed the following topics: misinformation regarding the spraygrounds and shade structures; that the City Council initially discussed including the shade structures and spraygrounds as part of Bond 2018 and instead decided to the use Community Enrichment Funds to fund the projects; that the Community Enrichment Funds are immediately available for programming; how the splash pads are operated; that the splash pads would be operated on a timer system; consideration to include a sprayground at Dilworth Park; the status of the shade structures at Sherrill Park; use of unrestricted funds for shade structures at Sherrill Park; if the Park and Recreation Advisory Committee was consulted regarding the locations of the recommended shade structures and spraygrounds; that should the City Council Page 11City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes consider changes to the recommendations, those changes should be presented to the Park and Recreation Advisory Committee for consideration; the seven year limitation regarding the expenditure of Community Enrichment Funds; that with existing staff, the Parks and Recreation department is only able to spend about $750,000 annually on playgrounds; clarification regarding the difference between the Community Enrichment Fund balance presented to City Council on July 31, 2018 and the current balance; an explanation regarding the establishment of the Community Enrichment Funds and the use of the funds; providing an accounting of the Community Enrichment Fund to developers; administrative expenditures of the Community Enrichment Funds; liability regarding the spraygrounds; how the sites were determined; the setup of chairs during ceremonies at Sherrill Park; the pricing related to the recommendations; the cash in lieu of land option; and the number of new parks that have been put into the parks system. MOTION OF DIRECTION Council Member Molina made a motion directing the Interim City Manager to use unrestricted Community Enrichment Funds for spraygrounds at Dilworth Park and shade structures at Sherrill Park, seconded by Council Member Lindsey-Opel. The following topics were discussed: the estimated cost of a shade structure at Sherrill Park; if Type A seawall funds can be used on the piers at the seawall; council members requested that these projects be presented to the Park and Recreation Advisory Board for consideration; and that an audit of the Community Enrichment Funds be performed. AMENDED MOTION OF DIRECTION Council Member Molina made a motion to amend the motion of direction by directing the Park and Recreation Advisory Board to consider spraygrounds at Dilworth Park and shade structures at Sherrill Park and bring back a recommendation to City Council, seconded by Council Member Lindsey-Opel. Mayor McComb discussed conducting a complete audit of the Community Enrichment Funds. The Amended Motion of Direction passed unanimously. 25.Anti-Lobbying Provisions in City Procurements Mayor McComb referred to item 25. Senior Assistant City Attorney Lisa Aguilar stated that the purpose of this item is to present the anti-lobbying provisions in City procurements. Ms. Aguilar stated that before the City can enter into a contract that requires an expenditure of more than $50,000, there must be a competitive solication process as authorized by law. The City's Purchasing and Engineering Departments have developed standard terms and language in requests for proposals and other bid invitations regarding anti-lobbying. The provisions were developed to ensure that all parties have access to the same information and have an equal opportunity to present their information to City staff. Ms. Aguilar presented the following information: the "no-contact period" anti-lobbying terms; the standard language in Purchasing procurements regarding ethical behavior; Purchasing's ethical behavior form; Purchasing's certification for federally funded projects; and Engineering's standard provisions regarding "restriction on contacts" and potential results of violating Page 12City of Corpus Christi Printed on 10/18/2018 October 16, 2018City Council Meeting Minutes these provisions. Council members and staff discussed the following topics: that the anti-lobbying provisions are standard procedures at the local, state, and federal levels; extending the anti-lobbying provisions to members of the Type A and Type B Boards; and a process for contractors to protest the procurement procedures should they feel they are not being treated fairly by City staff. 26.Restoring Winter Quarter Averaging Mayor McComb referred to item 26, a briefing regarding restoring of winter quarter averaging for wastewater charges. Interim City Manager Keith Selman stated that staff is recommending continuing with the current wastewater rate structure until after the first of the year to continue collecting and analyzing data and to create an advisory committee to focus on utility rates and charges. Assistant Director of Support Services - Water Utilities Reba George presented the following information: that the current wastewater rate for residential customers is based on actual water usage; previously, the City used winter quarter averaging to calculate residential wastewater charges; that if City Council chooses to repeal the current wastewater structure, the winter quarter average that appeared on residential customers' bills in 2017 could be accessed in Infor and used until a more current winter quarter average could be calculated; that residential customers that do not have a winter quarter average in the system would be charged for 3,000 gallons; a wastewater rate summary; the current wastewater calculations; and data regarding inside city limits residential trends. Council members and staff discussed the following topics: continuing with the current wastewater rate until the issues with the utility billing system are resolved; creating a citizen's committee; a council member recommended appointing Carl Crull to the committee; how changing the rate structure could impact residential customers; the inside city limit residential trends; the number of customers between 15,001-25,000 gallons and over; FY2017-2018 budget shortfall regarding wastewater; the reduction in Call Center wait times; success stories regarding resolution of utility billing issues; an explanation of the wastewater calculation; the definition of wastewater; that it is a national practice to determine wastewater rates based on water consumption; that the current calculations promote water conservation and the winter quarter average calculation may promote economic growth; that there is a maximum charge for wastewater; and the components of the utility bill. There was a general consensus of the City Council to direct the Interim City Manager to bring back to City Council an item regarding the creation of a citizen's advisory committee. IDENTIFY COUNCIL FUTURE AGENDA ITEMSS. None. ADJOURNMENTT. The meeting was adjourned at 5:32 p.m. Page 13City of Corpus Christi Printed on 10/18/2018 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 FROM:Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 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. Amending Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (“Agreement”) 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 □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 amendment by addendum. LIST OF SUPPORTING DOCUMENTS: Reimbursement Agreement Addendum Presentation 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) CONTRACT(k,v R Signature: C- Dl&Z Printed Name: Ora Title: Date: Feld SaL, a1271`z� 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. 1687 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 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. 12.7 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. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. 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_forml 295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at htt, s://www.ethics.state.tx.us/leial/ch46.htnnl. 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htt://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 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. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles 1 - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI BATH ENGINEER! Jilto1,447 is Jeff H. Edmonds, P. E. (Date) William B. Stark, .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 Page 10 Rev. 18-4 K:IENGINEERING DATAEXCHANGEICLARISSAJIWATER\E15160 - ONSWTP ELECTRICAL DISTRIBUTION IMPROVEMENTS BATH ENGINEERING CONTRACT1E15160 BATH ENGINEERING MSA.DOCX 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 A City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION 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 defmitions. COMPANY NAME:2:6.4-I,� GrotA. P .1vt c. • P. O. BOX: ` I STREET ADDRESS: Re 6(.0 oess4 CITY: axict45 CiNralii.ZIP: 7 FIRM IS: 1. Corporation -� 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A 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 N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 EXHIBIT "E" I Page 2 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. 1 C.14 1� • rJ i Ire i�-gY ype or 2C Title: ? Print) / Certifying Person: Signature of Certifying Person: Date: /t6a 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. 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? 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 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 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 23, 2018 Second Reading for the City Council Meeting of October 30, 2018 DATE:September 26, 2018 TO:Keith Selman, Interim City Manager FROM:Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 CAPTION: Case No. 0918-01 Rakesh Patel: Request for rezoning property at or near 15621 and 15625 South Padre Island Drive from “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District. PURPOSE: The purpose of this item is to allow for the operation of a landscaping business including outdoor storage. RECOMMENDATION: Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District, in lieu thereof, approval of the “CR- 2/IO/SP” Resort Commercial District with the Island Overlay and with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 1 Absent: 2 Abstained:0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Rezoning property at or near 15621 and 15625 South Padre Island Drive CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ 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. 0918-02 Rakesh Patel: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from “CR-2/IO” Resort Commercial District with the Island Overlay to the “CR-2/IO/SP” Resort Commercial District with the Island Overlay and a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rakesh Patel, Lina Patel, and Daxa Kumar (“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 19, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District, in lieu thereof, approval of the “CR-2/IO/SP” Resort Commercial District with the Island Overlay and a Special Permit (SP) with conditions and on Tuesday, October 23, 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 Rakesh Patel, Lina Patel, and Daxa Kumar (“Owner”), the Unified Development Code (“UDC”) of the City of Corpus Christi, Texas (“City”), is amended by changing the zoning on a property described as Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue (the “Property”), from the “CR- 2/IO” Resort Commercial District with the Island Overlay to the “CR-2/IO/SP” Resort Commercial District with the Island Overlay and with a Special Permit (Zoning Map No. 029024), as shown in Exhibits “A” and “B”. Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, food locker, household moving and general freight storage, milk distributing station, produce and storage warehouse, truck or transfer terminal, and warehouse used for storage of retail goods. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 2 of 6 2. Outdoor Storage:Outdoor storage is permitted and must remain screened at all times. Storage includes trailers, construction equipment, aggregate materials, and other items related to a landscaping business. Piles of loose aggregate materials shall be no taller than 6-feet in height. Any dumpsters must be screened from view of the public. 3. Screening Fence: A solid screening fence at minimum of six (6) feet shall be installed and maintained to provide a visual barrier around the perimeter of the property. 4. Landscaping: Landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along South Padre Island Drive (Park Road 22). 5. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Hours of Operation: Business may only be conducted daily between the hours of 6:00 AM to 9:00 PM. All deliveries must occur within these operating hours. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Island Overlay:The construction or installation of a storage shed as identified shall be exempt from the conditions of the Island Overlay as described in Section 6.4 of the Unified Development Code (UDC). Construction or installation of an office shall conform to the requirements of the Island Overlay. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, a certificate of occupancy or a letter of UDC compliance has been issued, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. 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 5. 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 3 of 6 SECTION 6. 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\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 4 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 Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 5 of 6 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 6 of 6 Case No. 0918-02 Rakesh Patel: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rakesh Patel, Lina Patel, and Daxa Kumar (“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 19, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District, in lieu thereof, approval of the “CR-2/SP” Resort Commercial District with a Special Permit (SP) and with conditions and on Tuesday, October 23, 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 Rakesh Patel, Lina Patel, and Daxa Kumar (“Owner”), the Unified Development Code (“UDC”) of the City of Corpus Christi, Texas (“City”), is amended by changing the zoning on a property described as Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue (the “Property”), from the “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District (Zoning Map No. 029024), as shown in Exhibit “A”, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CF226\@BCL@885CF226.docx Page 2 of 4 SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CF226\@BCL@885CF226.docx Page 3 of 4 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CF226\@BCL@885CF226.docx Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No.0918-02 INFOR No. 18ZN1023 Planning Commission Hearing Date: September 19, 2018 Applicant& Legal DescriptionOwner: Rakesh Patel, Lina Patel, and Daxa Kumar Applicant:Javier Garcia (Padre Landscapes) Location Address:15621 and 15625 South Padre Island Drive Legal Description:Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue.Zoning RequestFrom: "CR-2/IO" Resort Commercial District with the Island Overlay To:“IL” Light Industrial District Area: 0.69 acres Purpose of Request: To allow for the operation of a landscaping business including outdoor storage.Existing Zoning and Land UsesExisting Zoning District Existing Land Use Future Land Use Site “CR-2/IO” Resort Commercial with the Island Overlay Vacant High Density Residential North “CR-2/IO” Resort Commercial with the Island Overlay Vacant and Commercial High Density Residential South “CR-2/IO” Resort Commercial with the Island Overlay Vacant High Density Residential East “FR/IO” Farm Rural with the Island Overlay Park Permanent Open Space West “CR-2/IO” Resort Commercial with the Island Overlay and “RS-TF” Two-Family Vacant and Medium Density Residential High Density Residential ADP, Map & ViolationsArea Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 029024 Zoning Violations: On December 20, 2017, correction notices were mailed to the applicant due to the accumulation of solid waste and an illegal land use (storage of aggregate materials). On March 13, 2018 after subsequent inspections and discussions citations were formally issued. Staff Report Page 2 TransportationTransportation and Circulation: The subject property has approximately 100 feet of street frontage along South Padre Island Drive (Park Road 22) which is designated as an “A2” Secondary Arterial Street. According to the Urban Transportation Plan, “A2” Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT).Street R.O.W.Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre Island Drive (Park Road 22) “A2” Secondary Arterial 100’ ROW 54’ paved 200’ ROW 125’ paved 13,790 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “CR-2/IO" Resort Commercial District with the Island Overlay to the “IL” Light Industrial District to allow for the operation of a landscaping business including outdoor storage. Development Plan: The subject property is 0.69 acres in size and consists of two lots. The owner is proposing to have a landscaping business with outside storage of bulk materials, equipment, and company vehicles. The bulk materials will be gravel, decomposed granite, river rock, top soil, etc. The piles of bulk material will not exceed 6' tall. The applicant is not planning to use it as a retail place, however occasionally some customers will visit to look at the materials or make a payment. A 6-foot 10-inch solid screening fence will be installed around the subject property and the front gate will be the sole point of accessing the property. Existing Land Uses & Zoning: The subject property is currently zoned “CR-2/IO" Resort Commercial District with the Island Overlay and consists of vacant land. The subject property was zoned “B2-A” Barrier Island Business (“CR-2” Resort Commercial) District in 1981. The Island Overlay was adopted in 2004. The subject property was annexed in 1981 and has remained undeveloped. To the north is a vacant lot, commercial businesses, and a restaurant zoned “CR-2/IO” Resort Commercial District with the Island Overlay. To the south are vacant lots zoned “CR-2/IO” Resort Commercial District with the Island Overlay. To the east is South Padre Island Drive (Park Road 22). Across S.P.I.D. is Padre Balli Park and is zoned “FR/IO” Farm Rural District with the Island Overlay. To the west are vacant lots “CR-2/IO" Resort Commercial District with the Island Overlay. Further to the west across Palmira Avenue are two-family residences (Padre Island Unit 4 Subdivision) zoned “RS-TF” Two-Family District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is consistent with the following policies: 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) Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Screening fences, open space or landscaping can provide an essential buffer residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) The City will continue to protect residential neighborhoods from encroachment of nonresidential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated. (Mustang/Padre Island ADP, Policy Statement B.13) Department Comments: The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use and the Island Overlay. The proposed rezoning is partially compatible with neighboring properties and with the general character of the surrounding area. This rezoning may have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the “IL” District. Additionally, the proposed use would be assessed for compliance with the standard of the Island Overlay as per section 6.4 of the Unified Development Code (UDC). The property is currently vacant and is a remaining platted lot and has not been developed since annexation in 1981. While a retail nursery is allowed in the “CR-2” Resort Commercial District by-right, the outdoor and aggregate material storage use requires the “IL” Light Industrial District. A special permit would provide the use requested by the applicant while protecting the integrity of surrounding uses including the nearby neighborhood. The subject property is located away from the major intersections of Commodore Boulevard and Whitecap Boulevard that serve as scenic corridors. A landscape business is a relatively low impact use. The limited hours of operation of 6 am to 9 pm and restricting the delivery hours to between these set hours would reduce any potential negative impacts from occurring. The use will still be subject to the City’s noise ordinance to prevent a nuisance from occurring. Staff Report Page 4 Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the “CR-2/IO” Resort Commercial District with the Island Overlay to the “IL” Light Industrial District, in lieu thereof, approval of the “CR- 2/IO/SP” Resort Commercial District with the Island Overlay and with a Special Permit (SP) with the following conditions. 1. Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, food locker, household moving and general freight storage, milk distributing station, produce and storage warehouse, truck or transfer terminal, and warehouse used for storage of retail goods. 2. Outdoor Storage:Outdoor storage is permitted and must remain screened at all times. Storage includes trailers, construction equipment, aggregate materials, and other items related to a landscaping business. Piles of loose aggregate materials shall be no taller than 6-feet in height. Any dumpsters must be screened from view of the public. 3. Screening Fence:A solid screening fence at minimum of six (6) feet shall be installed and maintained to provide a visual barrier around the perimeter of the property. 4. Landscaping:Landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along South Padre Island Drive (Park Road 22). 5. Lighting:All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 6. Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Hours of Operation:Business may only be conducted daily between the hours of 6:00 AM to 9:00 PM. All deliveries must occur within these operating hours. 8. Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Island Overlay:The construction or installation of a storage shed as identified shall be exempt from the conditions of the Island Overlay as described in Section 6.4 of the Unified Development Code (UDC). Construction or installation of an office shall conform to the requirements of the Island Overlay. 10.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, a certificate of occupancy or a letter of UDC compliance has been issued, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Staff Report Page 5 Vote Results: For: 6 Opposed: 1 Absent: 2 Abstained:0 Public NotificationNumber of Notices Mailed – 17 within 200-foot notification area 5 outside notification area As of September 14, 2018: In Favor – 0 inside notification area – 1 outside notification area In Opposition – 4 inside notification area – 0 outside notification area Totaling 10.60% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0918-02 Rakesh Patel\Council Documents\CC Report_0918-02 Rakesh Patel.docx Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 Staff Report Page 9 Submitted by Enes Yilmazer at the Planning Commission Hearing Staff Report Page 10 Staff Report Page 11 Submitted by Enes Yilmazer at the Planning Commission Hearing Staff Report Page 12 Submitted by Enes Yilmazer at the Planning Commission Hearing City Council Presentation October 23, 2018 Zoning Case #0918-01 Rakesh Patel Rezoning for a Property at 15621 and 15625 South Padre Island Drive (Park Road 22) 2 Aerial Overview Subject Property at 15621 and 15625 South Padre Island Drive (Park Road 22) 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Site Plan 6 Staff Recommendation Denial of the “IL” Light Industrial District in lieu thereof Approval of the “CR-2/IO/SP” Resort Commercial District with the Island Overlay and a Special Permit 7 Special Permit Conditions 1.Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, food locker, household moving and general freight storage, milk distributing station, produce and storage warehouse, truck or transfer terminal, and warehouse used for storage of retail goods. 2.Outdoor Storage:Outdoor storage is permitted and must remain screened at all times. Storage includes trailers, construction equipment, aggregate materials, and other items related to a landscaping business. Piles of loose aggregate materials shall be no taller than 6-feet in height. Any dumpsters must be screened from view of the public. 3.Screening Fence:A solid screening fence at minimum of six (6) feet shall be installed and maintained to provide a visual barrier around the perimeter of the property. 4.Landscaping:Landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along South Padre Island Drive (Park Road 22). 5.Lighting:All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 8 6.Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 7.Hours of Operation:Business may only be conducted daily between the hours of 6:00 AM to 9:00 PM. All deliveries must occur within these operating hours. 8.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9.Island Overlay:The construction or installation of a storage shed as identified shall be exempt from the conditions of the Island Overlay as described in Section 6.4 of the Unified Development Code (UDC). Construction or installation of an office shall conform to the requirements of the Island Overlay. 10. Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, a certificate of occupancy or a letter of UDC compliance has been issued, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Special Permit Conditions 9 Public Notification 17 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 4 (10.60%) In Favor: 1 X X XX 10 UDC Requirements Buffer Yards: IL to CR-2 Type B: 10’ & 10 pts. Setbacks: Street: 20 feet Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage 11 Utilities •Water:12-inch ACP Line •Wastewater:Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is approximately 145 feet to the west along Palmira Avenue •Gas:2-inch Service Line •Storm Water:Road side drainage AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 23, 2018 Second Reading for the City Council Meeting of October 30, 2018 DATE:October 01, 2018 TO:Keith Selman, Interim City Manager FROM:Dan Grimsbo, Executive Director of Water Utilities, Water Utilities Department DanG@cctexas.com (361) 826-1718 CAPTION: Ordinance amending the City of Corpus Christi Comprehensive Plan by amending the City’s Water Distribution System Master Water Plan South of Oso Creek. PURPOSE: The purpose of this item is to update the City’s Water Master Plan South of Oso Creek outside City Limit within the extra-territorial jurisdiction (ETJ) and update the plan with existing 48” and 42” transmission main location based on the as-built information. BACKGROUND AND FINDINGS: The purpose of the proposed amendment is to: Facilitate the development of an adequate water grid system. Facilitate orderly development Satisfy a need for redundancy in the system, which provides a backup water supply and improves water quality and pressure Update the plan to reflect locations of existing watermains South of Oso Creek area is located outside City Limits within City’s ETJ. The subject area continues to grow requiring an increased demand for water. Outside the City Limits, the South of Oso Creek area mostly contained within the City’s Certificate of Convenience and Necessity (CCN) service area to provide water. The City also has jurisdiction of subdivision platting within ETJ. To facilitate orderly development, staff proposes to amend the 1997 Water Master Plan in the following ways: Update the plan to reflect the existing location of the existing 48”and 42” transmission main from Greenwood Drive to the intersection of Yorktown Water Master Plan Amendment - South of Oso Creek Boulevard and Rodd Field Road Propose a combination of water grid mains and transmission mains in the surrounding areas of County Road (CR) 33, FM 43, FM 2444 and HWY 286 ALTERNATIVES: Denial or alteration of the proposed Water Master Plan amendment. OTHER CONSIDERATIONS: Developers are fully or partially reimbursed from the Developers’ Trust Funds for constructing water infrastructure according to the Water Master Plans. Amending the Water Master Plan will allow developers to be reimbursed for constructing improvements that serve a public purpose. CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and the Comprehensive Plan. DEPARTMENTAL CLEARANCES: Utilities Department, Planning, Legal FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ 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): n/a Comments:None RECOMMENDATION: On September 19, 2018, the Planning Commission recommended that City Council approve the proposed Water Master Plan amendment. LIST OF SUPPORTING DOCUMENTS: Current Water Master Plan Proposed Water Master Plan Presentation Ordinance amending City of Corpus Christi Comprehensive Plan by amending the City’s Water Distribution System Master Water Plan South of Oso Creek WHEREAS,the Planning Commission has forwarded to the City Council its recommendation concerning amending the City’s Water Distribution System Master Water Plan South of Oso Creek in the areas surrounding Farm Road (FM) 43, FM 2444 and Highway (HWY) 286, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS,Planning Commission held a public hearing on Wednesday, September 19, 2018, regarding amendments to the City’s Water Distribution System Master Water Plan South of Oso Creek, during which all interested persons were allowed to appear and be heard; WHEREAS,City Council held a public hearing on Tuesday, October 23, 2018, regarding amendments to the City’s Water Distribution System Master Water Plan South of Oso Creek, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Water Distribution System Master Water Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (“Plan CC”), is amended by updating the location of the existing 48”and 42” transmission main from Greenwood Drive to the intersection of Yorktown Boulevard and Rodd Field Road and proposing a combination of water gridmains and transmission mains in the surrounding areas of County Road (CR) 33, FM 43, FM 2444 and HWY 286. The referred amendments are shown on Exhibit “A,” which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2.To the extent the amendments made by this ordinance represent a deviation from the Water Master Plan, the Water Master Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Water Master Plan South of Oso Creek, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. 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 ____________ Everett Roy ____________ 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 %, UT %, 16 PVC48 CSCP12 PVC 42 DIP12 PVC30 DIP 24" Tap16" Reducer 12 PVC 12 PVC12 PVC 42 CSCP 12 PVC 12 ACP 12 PVC12 PVC 16 PVC12 PVC 12 PVC16 PVC12 ACP16 PVC12 PVC 42 CSCP 1 6 P V C 36 CIP 12 PVC 42 DIP 42 DIP12 DIP 12 ACP 36 CIP12 ACP30 DIP 16 PVC12 PVC 16 PVC 12 ACP 20 DIP12 CIP16 PVC12 DIP12 PVC12 PVC 30 DIP 12 PVC 1 2 PVC12 ACP 24 DIP 48 CSCP12 ACP16 ACP12 PVC 48 CSCP 4 2 D I P 12 PVC2 0 D IP12 ACP20 ACP16 PVC 16 ACP20 DIP30 CSCP30 DIP36 CSCP 12 in12 in 12 in36 in12 in 12 in12 in12 in 16 in 12 in 16 in 12 in16 in12 in12 in12 in16 in12 in 12 in CEDARCREEKMEGAL HULLSCHANEN VENICEW IC KERSHAM GALATIANEGINTATEWAYSPRING BROOK LAKE NOCONA LOSTCREEKC I S C O GRANDLAKE PRINCE CHARLES (PVT) K IN G S H IREEDGEBROOKHAMPTON LAKE MEDINA SNAKE RIVERKILLARMET TREYWAYWOODWAYJA N S S E N STERLINGVANERN RIVERCREST MONARCHLIPESMEDINAHCOOL BREEZE WOOLDRIDGE BR I ARHURSTORTIZ VATTERSTDENISWOODLAWNASPENGR O VEPATTIWHITEB IRD ORIENTALTRIPOLICEDAR PASS KENITH BROCKHAMPTONBISON TARAFAYA MONTEREAUMT VERNON MASTERSON C ONGRESSIONAL JERIC H OLEMANS SAMBA ALDENBRONXRAYADO CREEK (PVT)TAOSFENWICK ERSKINE BAUER DRHECTORPGARCIA TIMBERGATE ACUSHNET LOURDES OAKBA YEXETERSTAMPEDE ROSELANDFLYNN TR UXTONMALDENPATRIOTBONSOIR ACTIONWILLIAMS NELAMARANS F A W N RIDGEMANHATT ANKODIAK HOLMESCARROLLCRESTAMETHYSTNANCY LA BIANCA PICANTE GIANTSELIZONDO SEANBET HLE HEMKRISTIN DELWOOD D ALLA STANGLEWOOD BRADSHAWNILGAIKINGS WHITAKERBRAESVALLEYSARAZENFRESNONORCHESTER QUEEN BESSWYNO NAFALCONELKFOXJOPLING O LDENEYE SCHWERINLAKE CARIBOUKING'SLAK E GINGUITEANGUS TARTAN TERRIER FREDS FOLLYB E V L Y GEIGERSHEASILVER HOLLOW BARNARD ADRIANNA CRESTHILL VINEYARD GRANDJUNCTION ARMSTRONG FORTGRIFFENWOLVERINEFOX RUN WALES TOCKENDOWNINGGLASGOW RUSS DANTE ROUND TABLE TAHOE SUMMERRIDGEH ULEN WINDROSESYDNEY ABORIGINE CATTLEMENYORKCROSSING WOODBENDDORSEYBOARDWALKO DAY ANDOVERMONTEGO KOLDA AAVA GRE E L Y SA VOYPARKVIEWETIENNEVIENNA GRA SSMERECRESCENTMCALPINLYONSLUM CORSICA PARISB EAUVAIS OXFO R D OLD SQUARE HARDWICK MILANCRESTWOODSUSANSIR JACK RICKEYGINGERBERRYMITRALIANASHEPHARDPLAYEROLYMPIA CROSSRIDGE LUCILLE HUGO SUMMER WINDANGELIQUE SPOHN NOCONABAR TCINDIAINVERNESSVINCENT ODELL PATTONBROMLEY EVANSSONOMABIL TMORE CAPRI MIMAHAVERHILL RADIALJULIADUBLIN KERRVILLEROBINA JACINTOGALWAY B O C A RATONSUTHERLAND MTZIONMADIERAPRESIDIO BROOKE MERG ANSER CORONA SHE F FIELD SANDRA PADRE ISLAND KINGACRES WALL QUEEN JANE O A K M O NT WILDEROCK AAR O N FI CUSWOW RODD FIELDCOUGARWALNUT HILLS NICKLAUSCRESTMOREROONEYAPOLLO HARTLEYQ UAILSPRINGSBEECHWOOD ARNOLDBRATTON CAPITOL DOMINICAMARAUDER LEGENDSGREENSBORO HASTINGS PYRENEESLAKEBOLSENASATURN RONALDROOTS (PVT)IDLE HOUR COVENTRY ORANGEWOOD OSHMANVANCEGRAFORD BLUEFIEL DYOAKUMTOBENOAKHURSTKITTYCHARTERSTRATTONSALLYTOPAZGARNETSAPPHIRECAIN LA COSTA SIMPSONPRINCEPANAMA ZARSKYSALEMBALTICELBA STJAMESFLEECEKINGWISHBONETARACOBBLESTONE HERMOSA CURTIS CLARK NEW YORKMELISABIRCHWOOD SPANISHWOODCORK TAMARRONKINGSTON ARAPAHOETREE TOPLAKEPLA CIDWATERLOO BERKELEYADAIR BRIANNA MEGAN PENNY HILLDALE PROSPER VISHALSAFARIIMPALASHOPPINGHUNTWICK JETS SHAMROCK PATRICK WOLFLOKEYDALYNORVEL BRAY LAR AMIENELSONBURTONRILEY CARAVELLE GLEN ARBORRANGERCABANISS CANAAN MAYO BURNHAM GUINEVERECRESTFORDOCASEYKINGRIVER TWINEMILDREDHENDERSONDIGGERDONEGAL POLLEX D E LR IO CR 7BPICADI LLY TIGER MALAMU TEADRIAN KEVIN GREATLAKES MEADOWVISTA VAILCR 49AZENITHCANOJEFFERSON NORWICHCR 37A DEL O BRIAND E N A INABBY M E R L INMT VERNON/SPID BROCKDONAHO SA F E T Y S T E E L PARADECR 26 CR 47BESTERIO CANTABRIA BAHAMA BAY AREAP A RKWAYPOENISCHCR 43FITZHUGHBALCHUCKEAGLE HEBERTCR 33CRENSHAW CR 49GARDENHO M E (PVT)RAMPHWY286FUTURE RODD FIELDBREZINACR 35CR 18 PETERSON (PVT)BAR-LE-DOCWEST(PVT) CR 22 CR 41CR 43CR 20A L A K E SUPERIOR BOSTON CHICAGO STRASBOURGNODDINGPINESALLENC REST LOIREBREWTON DUNBARTONO AK SIR GREGHOLIDAY STONEGATE DALMATIONBAYSTANDREWSFULTONLOCK E PERSIMMON SANDERSGRENADESALSAEIDER OSOSTHAMESE SPLANADE SNEAD HUNTGRIZZLEYSNOWGOOSE MARS E ILLE HANLEY CAMAR GOBONNER BELFAST B U RR WINDHOLLOWMAXIMUS BOROS GREENBRIAR LOVAINKITT Y HAWKBOBALOALLEY (PVT) LETHABY LEGACYP O INT KERNOSOALVIN BEARD SHIELSCORINTHELD OR APAR KLAND FULWELL JESSICA LESLEWHI TEWING ELVISO TOOLEKERRYWOOLXANADU RIVER OAKS VALLEY G A YLE ALLEY(PVT)MANOR VALOR JEANEMUCLARESTARRYEVERHARTKOSTORYZSARATOGA OSOWEBERSARATOGA YORKTOWN STAPLESAIRLINESARATOGA GOLLIHAR OSOGREENWOOD SARATOGA SARATOGA RODD FIELDMcARDLE HOLLY YORKTOWNYORKTOWNAYERS CR 51YORKTOWN AIRLINEHWY 286FM 2444FM 763FM 43 CR 49Document Path: X:\Sara\WaterMasterPlan\ProposedWaterMasterPlanSofOsoCreek.mxd µProposed Water MasterPlan Amendment:South of Oso Creek Water Infrastructure Proposed 12 - 16 inch (gridmain)Proposed > 16 inch (transmission)12 - 16 inch> 16 inches UTpo O.N. Stevens Water Treatment Plant City Limits Line UT Pump Stations 1. Navigation 2. Holly 3. Staples 4. Sanddollar %,Elevated Storage Tanks 1. Alameda 2. Flour Bluff 3. Morgan 4. Gollihar 5. Coral Vine6. Rand Morgan7. Holly 0 0.25 0.5 0.75 1 Miles City of Corpus Christi 12 in City Council Presentation October 23, 2018 Water Master Plan Amendment: South of Oso Creek 2 Subject Area FM 43 FM 2444HWY 286 3 Existing 1997 Master Plan No Plan for West Side of SH 286 Proposed Master Plan FM 43 HWY 286FM 2444 South Side Transmission Main 5 Proposed Amendments • Update the plan to reflect the existing location of the existing 48”and 42” Transmission Main from Greenwood Drive to the intersection of Yorktown Boulevard and Rodd Field Road • Propose a combination of Water Grid Mains based on the alignment of the existing Transmission Main in the surrounding areas of County Road (CR) 33, FM 43, FM 2444 and HWY 286 Objectives Achieved 6 The proposed amendment: 1. Provide a plan for Areas with adopted Wastewater and Storm Water Master Plans (London) 2. Facilitates the development of an adequate water grid system 3. Facilitates orderly development 4. Improves water quality and pressure for Commercial and Residential Customers 5. Updates the plan to reflect existing conditions Master Plan Implementation funding Sources 7 •Revenue Bond projects •Indefinite Delivery/Indefinite Quantity (ID/IQ) projects •Trust fund Reimbursements (partially/fully) 8 Recommendation Staff and Planning Commission Recommend Approval DATE:October 4, 2018 TO:Keith Selman, Interim City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2604 CAPTION: Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,526,219 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, automated ticket writers, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. ALTERNATIVES: Accepting and appropriating the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 23, 2018 Second Reading Ordinance for the City Council Meeting of October 30, 2018 None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $178,821 $178,821 BALANCE $178,821 $178,821 Fund(s): Police Grants Fund Comments:There is no match required by the City. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Interlocal agreements with Nueces County and City of Robstown Award Report Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. 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 U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $178,821 for the FY 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $178,821 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, $82,042 of the funds be distributed to Nueces County and $14,736 of the funds be distributed to City of Robstown. 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 U.S. Department of Justice Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General October 1, 2018 Mr. Keith Selman City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 Dear Mr. Selman: On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $178,821 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Wendy Y. Rose, Program Manager at (202) 514-7842; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Matt Dummermuth Principal Deputy Assistant Attorney General U.S. Department of Justice Office of Justice Programs OFFICE FOR CIVIL RIGHTS 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr October 1, 2018 Mr. Keith Selman City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Dear Mr. Selman: OCR Letter to All Recipients Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https://www.lep.gov. Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Sincerely, Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Michael L. Alston Director cc:Grant Manager Financial Analyst Grant PAGE 1 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 178,821 11. TOTAL AWARD $ 178,821 2a. GRANTEE IRS/VENDOR NO. 746000576 2b. GRANTEE DUNS NO. 069457786 3. PROJECT TITLE Edward Byrne Memorial Justice Assistance Grant 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY18(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Matt Dummermuth Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJBX 80 00 00 178821 TDJUGT0926 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Keith Selman Interim City Manager 4. AWARD NUMBER:2018-DJ-BX-0408 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 10/01/2018 TO TO 10/01/2017 10/01/2017 09/30/2021 09/30/2021 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 23 AWARD CONTINUATION SHEET Grant PAGE 2 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 1. 2. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 3 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2016, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 3. 4. 5. 6. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 4 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 7. 8. 9. 10. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 5 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 11. 12. 13. 14. 15. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 6 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 16. 17. 18. 19. 20. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 7 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2018) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 8 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 24. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 9 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 25. 26. 27. 28. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 10 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 29. 30. 31. 32. 33. 34. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 11 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 35. 36. 37. 38. 39. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 12 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government In order validly to accept this award, the applicant local government must submit the required "State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully- executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a local government that purports to accept the award is invalid. If an initial award-acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully-executed award document executed by the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe. 40. 41. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 13 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award. 2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before 42. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 14 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS award acceptance. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full. 43. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 15 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 44. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 16 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that-- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 45. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 17 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be 46. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 18 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. 47. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 19 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 48. 49. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 20 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50. 51. 52. 53. 54. 55. 56. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 21 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Three percent set-aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident-Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set-aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA. 57. 58. 59. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 22 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. The recipient agrees promptly to provide, upon request, financial or programmatic-related documentation related to this award, including documentation of expenditures and achievements. The recipient understands that it will be subject to additional financial and programmatic on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. Withholding of funds: Subrecipient monitoring policies The recipient's response to the Subrecipient Management and Monitoring question(s) of the Financial Management and System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the activities of any subrecipient, as necessary, to ensure that the subaward is used for authorized purposes in compliance with Federal laws, regulations, and the terms and conditions of the subaward and that subaward performance goals are achieved. (See 2 CFR 200.331(d)). The recipient agrees to submit a copy of its subrecipient monitoring policies and procedures to the OJP program office. If the recipient anticipates that it will not make a subaward under this award then, instead of submitting subrecipient monitoring policies and procedures, the recipient agrees that it must advise OJP in writing that it does not intend to make a subaward under this award. The recipient may not obligate, expend, or draw down funds under this award until either-- (1) the OJP program office has received, and OJP has reviewed and approved, the subrecipient monitoring policies and procedures, or (2) the OJP program office has received and considered the recipient's written communication and has agreed (for purposes of federal grants administrative requirements) that no subawards are anticipated under this award ? and a Grant Adjustment Notice has been issued to remove this condition. The recipient understands and agrees that it is obligated to immediately notify the OJP grant manager in writing of any later change in its plan to make or not make a subaward under this award. Withholding of funds: Disclosure of lobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. 60. 61. 62. 63. 64. 65. OJP FORM 4000/2 (REV. 4-88) 23 AWARD CONTINUATION SHEET Grant PAGE 23 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 10/01/2018PROJECT NUMBER 2018-DJ-BX-0408 SPECIAL CONDITIONS Withholding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down any award funds until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2016, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 66. 67. OJP FORM 4000/2 (REV. 4-88) 23 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2018-DJ-BX-0408 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY18(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) Pat Eldridge Police Management Services Director P. O.Box 9016 Corpus Christi, TX 78469-9016 (361) 886-2696 PAGE 11OF The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list Wendy Y. Rose (202) 514-7842 OJP FORM 4000/2 (REV. 4-88) Edward Byrne Memorial Justice Assistance Grant City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 TO:10/01/2017 09/30/2021FROM:TO:10/01/2017 09/30/2021FROM: 10/01/2018 $ 178,821 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance (www.bja.gov/Jag). JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF DATE:October 4, 2018 TO:Keith Selman, Interim City Manager FROM:Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com,(361) 826-1718 CAPTION: Ordinance authorizing a fifteen-year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up an to additional ten-year term. PURPOSE: The Water Utilities Department seeks approval to enter into a fifteen (15) year lease agreement with the Kamping Pleasures, Inc. (Lessee) for the parcel and improvements located on the North side of Lake Corpus Christi off of County Road 3024 on County Rd 371. Also included in this ordinance is an option to extend for an additional ten (10) year term. BACKGROUND AND FINDINGS: Kamping Pleasures, Inc. has been leasing 40 acres of City property on Lake Corpus Christi for over 47 years. The Lessee is responsible for all campground improvements and maintenance. Currently operating under the name of ‘Mustang Hollow Campground’, the site amenities include tent and RV sites, cabins and cottages, year-round pool, outdoor kitchen, snack bar and wi-fi. ALTERNATIVES:Do not renew lease. OTHER CONSIDERATIONS: Not applicable. Lease Agreement for Lake Corpus Christi Campground AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 23, 2018 Second Reading Item for the City Council Meeting November 27, 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: Water Utilities Department - Wastewater FINANCIAL IMPACT: □Operating X 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 BALANCE Fund(s): n/a Comments:This item will not have an impact on the operating expenditure budget. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with Kamping Pleasures, Inc. Map Ordinance authorizing a fifteen-year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up to an additional ten-year term. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute a fifteen-year Lease Agreement with Kamping Pleasures, Inc. for the lease of 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rental payment of $5,000.00 or 8% of gross sales, whichever is greater. The lease may be extended for up to one additional ten-year term. Section 2. Publication will be made as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 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 1 LEASE WITH KAM PING PLEASURES, INC. THE STATE OF TEXAS § COUNTY OF LIVE OAK § KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, made and entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Kamping Pleasures, Inc., DBA Mustang Hollow Campground, a Texas Corporation with its office and principal place of business 101 CR 371, Mathis, Texas 78368 ("Lessee"); 1. Premises. a. In consideration of the rents herein, City leases Lessee forty (40) acres, together with the improvements located thereon, situated in Live Oak County, Texas, described in Exhibit "A" and Exhibit "B" as follows: See Exhibit "A" attached hereto for metes and bounds description of leased property ("Premises"). See Exhibit "B" attached hereto for Vicinity Map. b. This Lease is made subject to all valid oil, gas, and mineral leases and all pipeline transmission and all other right-of-ways, including an easement from Hallie T. Boothe to the Missouri-Pacific Railroad dated December 1 0, 1956, recorded in Volume 173, Page 518, Deed Records of Live Oak County, Texas. City reserves the right to lease the Premises for oil, gas, and other mineral exploration and production. c. Lessee has the right of access to Lake Corpus Christi along the area where the Premises are bounded by the contour line of the 94-foot elevation on, over, and across the lands of City below the contour line of the 94-foot elevation to whatever level the water of the reservoir may be from time to time at all times during this Lease. d. Lessee assumes the sole responsibility for the entire cost and construction of any and all improvements that it requires for the Premises. 2. Permitted Uses. a. The Premises may only be used and for the operation of a campground and related activities normal and customary to such business. 2 b. Such campground must be operated as a public accommodation at all times. Lessee must comply with applicable Americans with Disability Act (ADA) requirements. 3. Term. This lease is for a term of fifteen years, beginning on the 61st day after final Council approval. 4. Rental. a. Lessee must pay the City $5,000 quarterly (4 times per year) or 8.0 percent of quarterly gross sales less sales taxes, whichever is greater, for first fifteen years of the contract. Each quarterly payment is due in advance on or before the 10th day of the first month of the next succeeding quarter for the term of the lease. Rental should be reported quarterly using a Statement of Gross Revenues form provided by the City. An operations financial statement should be provided with the payment made at the end of the calendar year. Any payment received after the due date will be penalized 4 percent of the quarterly payment for each payment period that the payment is late. b. Lessee must keep accurate books and records of its Gross Sales. City Manager, or designee ("City Manager"), may audit Lessee's books and records at any time to verify Lessee's Gross Sales for any period within three (3) years prior to the audit. This includes, but is not limited to, all documents related to the conduct of business such as: General Ledgers, Accounts Receivables and Payables, Sales Journals, Inventory Records, daily or periodic summary reports, cash register or computer terminal tapes, bank deposit slips, bank statements, and tax reports to State and Federal agencies. If audit shows that Lessee has understated Gross Receipts by 4 percent or more, the entire expense of the audit must be paid by Lessee. Lessee must also provide annual certified financial statement to City. Any additional payments due City must be paid by Lessee to the City, with annual interest of 15 percent from the date the payment became due. Lessee must make its books and records available at City Hall, 1201 Leopard Street, Corpus Christi, Texas, at such time as required by City's Auditor. c. All rental payments must be made to City at the following address: City of Corpus Christi Director of Finance P.O. Box 9257 120I Leopard Street Corpus Christi, Texas 78469-9257 or at such address as is agreed upon in writing between the parties hereto, as set out in Section 24 below. 5. Peaceful Enjoyment. Lessee may peacefully have, hold, and enjoy the Premises, subject to the other terms hereof and subject to Lessee paying the rentals herein recited and performing all of its covenants and agreements herein. 3 6. Two-Mile Exclusivity. City expressly covenants not to grant any other lease permitting this use on any property City owns or controls within a radius of two miles of the Premises without affording Lessee an option of first refusal to lease same upon substantially the same terms herein. 7. Financing. a. City recognizes that Lessee may borrow funds to repair or improve the structures or b uildings on the Premises, or for other purposes, secured by a first lien on security which includes Lessee's interest in the structures and buildings and the leasehold estate for the Premises. The fee simple estate of City in the surface estate burdened by Lessee's leasehold estate must not be subject to such lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Kamping Pleasures, Inc., by and between the City of Corpus Christi, as Lessor, and Kamping Pleasures, Inc., as Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi." b. In the event of any foreclosure by any lender of a lien or liens on the structures or buildings and the leasehold estate in the Premises, such lender or other purchaser at foreclosure and its successors and assigns shall succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent. 8. Utilities. Lessee must pay prior to the past due date the costs of all gas, electricity, water, heat, or other utilities furnished to or used by Lessee on the Premises. Any lake and/or well water usage must be under separate contract with the City, and all bills will be due when invoiced. 9. Improvements. a. Lessee shall provide, repair and maintain on the Premises a good road network, a boat ramp, a sanitary sewer system with restroom facilities reasonably designed to accommodate the number of campers provided for, an adequate electrical system, adequate drinking water, individual campsites and picnic sites, nature trails, and concession buildings to fully utilize the Premises as a campground in keeping with the protected terrain provisions of this Lease. b. All construction and repairs must be done in accordance with recognized and acceptable safety, environmental, and construction practices and procedures. c. Warning signs must be posted on all piers and docks prohibiting diving or swimming from the 4 piers or docks. Signs must be maintained in good order and may be inspected by the City periodically. d. Any physical additions, or other improvements when made to the Premises by Lessee, the “Improvements”, remain Lessee's property, and if Lessee is not in default hereunder, Lessee may remove any such improvements. However, Lessee must not in any manner disturb the water wells, sanitary, utility, and electrical systems, and the campsite and road developments but must deliver up the Premises to City in good condition, fair wear and tear and damage by fire and the elements only excepted. e. During the initial 15 year term, Lessee shall construct the following improvements: (1) rebuild roads; (2) refinish all buildings (i.e. cabins, cottages, restrooms, and camping kitchen); (3) add 50 amps to 20 campsites; and (4) repair water lines. For purposes of this agreement, “rebuild roads” means repair pot holes and maintain roads in reasonable condition. For purposes of this agreement, “repair water lines” means to repair any leaks. f. Lessee is responsible to ensure that its use of the Premises and any contruction at the Premises is conducted in in accordance with all applicable Federal, State, and Local laws and regulations. g. When constructing the improvements described in subsection “e: above, the plans and specifications shall be prepared by state-licensed architects or engineers as required by applicable laws. Construction shall not begin until the City Executive Director of Utilities has been provided advance opportunity to review and comment on the final plans. h. Lessee agrees to maintain Premises in a sanitary, safe and clean condition during construction of the Improvements. i. Lessee agrees to provide City Executive Director of Utilities with a quarterly master plan update of any planned construction at the Premises for review and approval. j. Left blank. k. Lessee shall be solely responsible to ensure that any construction at the Premises is in compliance with all applicable Federal, State, and local laws and regulations, including City building codes . l. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic’s or materialmen’s lien upon the City’s property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic’s or materialmen’s lien against the City’s property or Improvements thereon, and Lessee shall discharge any such lien within thirty (30) days after notice of filing thereof. m. During the progress of all work, City’s Executive Director of Utilities or designee may enter upon the Premises and make such reasonable inspections as City deems reasonably necessary for purpose of ensuring compliance with this Lease. n. Lessee shall be responsible to obtain all required permits required by applicable laws. Lessee 5 shall only utilize and allow State of Texas licensed electricians, State of Texas licensed plumbers, and State of Texas licensed contractors to perform any work identified in subsection “e” above and also when required by applicable laws. o. The complete cost of developing all necessary plans and specifications and the cost of construction of the Improvements by Lessee shall be borne solely by Lessee and be at no expense to City whatsoever. 10. Maintenance and Repairs. a. Lessee must clean, landscape, and maintain the Premises to preserve the natural terrain and growth, which protects against erosion and excessive removal of natural growth, and must keep the Premises free from debris and refuse and in a clean and sanitary condition at all times. b. Lessee must safely maintain all structures, b uildings, and utility s ervices and regulate their use and occupancy so that there is no hazard or danger to the persons or property on or at the Premises. Further, all Lessee's use and occupancy of the structures and buildings must comply with all applicable federal, state, and local laws, rules, and regulations. If Lessee's construction, use or maintenance of any structures or building causes any damage to the Premises, Lessee must repair or replace the Premises to the equivalent improvement existing prior to the damage. At expiration, Lessee must deliver the Premises in good order and condition, natural wear and tear excepted. Upon such termination, City has the right to reenter and resume possession of the Premise. 11. Entry for Inspection. City, by its Executive Director of Utilities or designee , may enter upon any and all parts of the Premises at all reasonable times to inspect said conditions of the Premises for purposes of ensuring compliance with this Lease. 12. Sanitation. Lessee must store garbage and trash in designated areas within the campsite and must use dumpster type containers as the larger collection facilities. Such containers must be housed in a small building, screened, or at appropriately landscaped area(s), at Lessee' s's expense and as approved by the Water Supply Superintendent or his representative. The garbage container area must be landscaped and maintained by Lessee. Lessee must obtain garbage pickup to keep Premises free from odor and pests. Nothing must be stored outside either the dumpster itself or the dumpster housing. 13. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural standards and be in compliance with applicable building code requirements. 6 14. Hurricane Preparedness. If the Corpus Christi area is threatened by a hurricane or some other emergency situation, Lessee must comply with directives of the Executive Director of Utilities or authorized representative pursuant to the hurricane preparedness plan, as shown on Exhibit "C". 15. Independent Contractor. Lessee's is an independent contractor under the Lease. Lessee shall employ sufficient employees to operate the business, which employees are solely in the employ of Lessee. 16. Non-discrimination. Lessee is responsible for the fair and just treatment of all of its employees. Lessee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, or national origin. Violation of this provision is grounds for the City to immediately terminate this lease. 17. Legal Use. Lessee must not occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose which is unlawful, or deemed to be disreputable, or a nuisance or hazardous. 18. Renewal Option. At least 360 days prior to the the termination of the initial fifteen year term of this lease, the Lessee may submit written request to the Executive Director of Utilities to extend this Lease for an additional ten year period upon terms and conditions to be negotiated at that time, which extension shall be subject to written approval of the City Manager which shall not be unreasonably withheld. City Manager may decline to approve the requested extension if City Manager determines in sole discretion that such denial is in best interest of City based upon then existing plans for the utility system and premises. . 19. Assignment, Sublease or Change in management. a. Lessee shall not, without the prior written consent of the City Manager, which will not be unreasonably withheld, assign, or sublease this Lease. Any attempted assignment or sublease without the prior written consent of the City renders this Agreement null and void City Manager may reasonably withhold such approval when proposed assignee or sublessee has not demonstrated ability to comply with the terms and conditions of this Lease. b. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee and sublessee, and is partial consideration for City's consent to the assignment or sublease. Any failure of assignee or sublessee to strictly comply with each provision, term, covenant, obligation, and condition herein may render this Lease null and void. 7 c. Lessee shall provide City with written notice of change in management personnel of the Lessee’s operations or other change in corporate membership or structure of the Lessee organization. 20. Default. a. Default of Lessee. If Lessee fails to pay the rental due hereunder, or defaults in performing any other term, covenant, or condition of this Lease, the City may after fifteen (15) days written notice to Lessee declare this Lease terminated, and City staff may immediately reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights, and Lessee expressly waives (l ) all claims for damages by reason of such reentry and (2) all claims for damages due to any distress warrants or proceedings of sequestration to recover the rent or possession of the Premises from Lessee. City may not declare this Lease terminated if, within fifteen ( 15) days after notice of any default, Lessee fully cures such default. b. Default of City. If City defaults in the performance of any covenant or agreement herein contained, which continues for 30 days after Lessee's written notice to the City Manager as set out below, then Lessee may declare the Lease ended and may vacate said Premises and owe no further rent and have no further obligations under this Lease. City's performance of each and every agreement herein is a condition precedent to City 's right to collect rent or to enforce this Lease against Lessee. c. A waiver by either Party of any breach or breaches of any of the provisions of this Lease is not deemed a continuing breach as long as the default continues. If correction of any default reasonably requires a period exceedi ng thirty (30) days, the non-defaulting Party will grant a reasonable extension. 21. Attorney's Fees. In the event Lessee makes default in the performance of any of the tern1s, covenants, agreements, or conditions contained in this lease and City places the enforcement of this lease or any part thereof, or the collection of any rent due or to become due hereunder or recovery of the possession of the demised premises, in the hands of an attorney, or files suit upon same, Lessee agrees to pay City reasonable attorney's fees and payment of the same shall be secured in a like manner as herein provided as to security for rent. 22. Waiver. Failure of City to declare any default immediately upon occurrence thereof or delay in taking any action in connection therewith shall not waive such default, but City shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder either at law or in equity. 23. Bankruptcy. If voluntary bankruptcy proceedings are initiated by anyone else to adjudge Lessee as bankrupt, or if execution is issued against it, or if the interest of Lessee in this contract passes by operation of law to any person other than the City, this Lease may, at the option of the City, be terminated by notice addressed 8 to Lessee at the Premises and posted in the United States mail. 24. Abandonment. If the Premises are abandoned or vacated by Lessee, City may relet the same for the remainder of the period covered hereby, and if the rent received through such subletting is not at least equal to the guaranteed rent provided for hereunder, Lessee shall pay and satisfy any deficiencies between amount of the rent called for and that received through subletting. 25. Notice and Addresses. a. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service at If to City: If to Kamping Pleasures, Inc: City of Corpus Christi Kamping Pleasures dba P.O. Box 9277 Mustang Hollow Campground Corpus Christi, Texas 78469-9277 101 CR 371 Mathis, Texas 78368 Attn: Executive Director of Utilities b. Notice deposited with the United States Postal Service in the manner described above is deemed effective on the third day after deposit. c. Notice by telegram or overnight express delivery service is deemed effective one business day after transmission to the telegraph company or overnight express carrier. 26. Modifications. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 27. Delinquency. Lessee is "delinquent" or "in default" if the City has not received Lessee's quarterly rental payment on or before 5:00 p.m. on the 10th day of the month following the calendar month for the quarter for which the rental obligation accrues. If the I 0th day falls on a weekend or a holiday, payment may be tendered on the first business day thereafter. Lessee's failure to pay the amount due or provide the within five (5) days after the City Manager so requests in writing is grounds to terminate this Lease. 9 28. Insurance. a. Lessee must provide insurance in the amounts and types of coverage required by the City Director of Risk Management, or his designee, ("Risk Manager"), a copy of which is attached and incorporated as Exhibit "D". Lessee's insurance company(ies) must provide the Water Supply Superintendent and the Risk Manager certificate(s) of insurance thirty (30) days prior to the annual anniversary date of the Effective Date of the Lease, which shows the level and type of insurance. Lessee's insurance company(ies) must provide the Water Supply Superintendent and Risk Manager thirty (30) days notice, by certified mail, prior to cancellation, non-renewal, or material change in the insurance policy(ies). b. The Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving Lessee notice no less than sixty (60) days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has thirty (30) days to procure the changed insurance and provide written proof of insurance to the Water Supply Superintendent and the Risk Manager. c. Lessee’s insurance policy shall include liability coverage for subccontractors including but not limited to specifically providing coverage for: 1) Rebuilding and maintenance of road; 2) Refinishing buildings; 3) Electrical work pertaining to adding 50 amps to 20 camp sites; and 4) Repair of water lines. 29. Indemnity. a. Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitee") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person(s) or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part , by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises or the structures pursuant to this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitee") or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitee of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the structures located on the Premises herein or out of the use or occupancy of the 10 structures on the Premises or the Premises itself by Lessee, or Lessee's Invitee. b.Lessee covenants and agrees that in the event the City is made a party to any litigation against Lessee or in any litigation commenced by any party other than Lessee relating to this Lease, Lessee must defend City upon receipt of reasonable notice regarding commencement of such litigation. 30.Taxes. a.Lessee must pay all taxes and all other licenses and fees required to operate and maintain operations which Lessee's use of the Premises cause to be assessed against the Premises and any Fixed Assets or Personal Property appurtenant thereto, prior to the due date. b.Further, Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended, prior to their respective due dates. Additionally, Lessee must ensure that each employee under Lessee's employment must be covered by workers' compensation insurance in compliance with State law. Lessee must provide proof of payment of these taxes and workers' compensation insurance within thirty (30) days after Water Supply Superintendent requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. 31.Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 32.Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. 33.Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. 11 34.Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. 35.Casualty. If the Premises become damaged due to any event including but not limited to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and all repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. 36.Removal of Property upon Termination. It is Lessee’s responsibility to remove its property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. 37.Interpretation. a.This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. b.The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 38.Entire Agreement. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the parties' intent to provide for a complete understanding within the provisions of the document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's commercial operations and the Premises to be used in the conduct of said operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provision unenforceable, invalid, or illegal. 12 13 AGREED TO BY: CITY OF CORPUS CHRISTI By: __________________________ Name: ________________________ Date: _________________________ ATTEST By: ___________________________ Rebecca Huerta, City Secretary Approved as to legal form: By: ____________________________ Assistant City Attorney For the City Attorney STATE OF TEXAS COUNTY OF _____________________ This instrument was acknowledged before me on _______________, 2018 by ________________, as the ____________ for City of Corpus Christi, on behalf of said municipality. ____________________ Notary Public 14 EXHIBIT A The land area above the 94-foot contour out of the 639.79 acres of land, more or less, in the Mary B. Kelvin survey, and being the same tract of land conveyed to C. L. Boothe by F. M. Hampton, et al by Deed dated January 10, 1931, recorded in Volume 40, Page 565, Deed Records of Live Oak County, Texas, SAVE AND EXCEPT the following: 1. 9.63 acres conveyed to F. M. Jones, et al, by C. L. Brother by Deed dated February 16, 1940, and recorded in Volume 80, Page 383, Deed Records of Live Oak County, Texas. 2. 7.17 acres described in Deed from C. L. Boothe to the State of Texas, dated November 14, 1933, and recorded in Volume 51, Page 291, Deed Records of Live Oak County, Texas. 3. 15 acres, BEGINNING at a point, said point being a 1-1/2-inch iron pipe located 60.0 feet S. 30 degrees 15' E. of S. F. Coffin's south or southeast fence at a point in said fence 580.0 feet S. 59 degrees 45' W. Of it's intersection with the west right- of-way line of State Highway #9, said intersection being the southeast comer of the S. F. Coffin tract; THENCE S. 59 degrees 45'W. At 113.0 feet past a 1-1/2-i nch iron pipe in all 1,620.0 feet to a 1-1/2-inch iron pipe, aid iron pipe being 60.0 feet from the S. F. Coffin fence and on the 94-foot contour; THENCE following the meanders of the 94-foot contour in accordance with the following metes and bounds S. 38 degrees 50' E. 145.0 feet, S. 12 degrees 10' W. 105.0 feet, S. 15 degrees 15' W. 81.0 feet, S. 13 degrees 40' E. 222.0 feet, N. 26 degrees 00' E. 65.0 feet N. 16 degrees 15' E. 82.0 feet, N. 41 degrees 30' E. 54.0 feet; N. 24 degrees 1O' E. 63.0 feet, N. 19 degrees 30' E. 35.0 feet, N. 46 degrees 10' E. 234.0 feet to a 1-1/2-inch iron pipe at the end of the meanders of the 94-foot contour; THENCE N. 30 degrees 15' W. 159.0 feet to a point, said pint being a 1-1/2- inch iron pipe; THENCE N. 59 degrees 45' E. 113.0 feet to a point, said point being a 1-1/2- inch iron pipe; THENCE N. 30 degrees 15' W. 301.0 feet to a point, said point being a 1- 1/2-inch iron pipe and also being the point of BEGINNING. 15 EXHIBIT B Vicinity Map Kamping Pleasures, Inc. 16 EXHIBIT C Hurricane Preparedness Emergency Levels and Response City of Corpus Christi The following system for indicating the various levels of hurricane warnings will be used: Readiness Level 4 – Normal Conditions This level is maintained throughout the year. Basic stock of emergency response equipment and supplies is maintained. Readiness Level 3 – Increased Readiness This level indicates the existence of a weather situation that could develop into a hurricane emergency but is not an immediate threat to this area. Readiness Level 2 – High Readiness This level indicates that a possibility exists of hurricane landfall in the Coastal Bend area. Readiness Level 1 – Maximum Readiness This level indicates that hurricane landfall is imminent or has occurred. Hurricane PreparednessPlan of Kamping Pleasures, Inc.. (1) When Emergency Level Three (3) is announced, loose objects must be secured (2) When Emergency Level Two (2) is announced, the campers must be alerted for possible evacuation and briefed on escape routes. (3) At Emergency Level One (1), it is anticipated that the camp site will be secured and the campers advised to evacuate the Premises. 17 EXHIBIT D – LESSEE’S REQUIRED INSURANCE INSURANCE REQUIREMENTS I. LESSEE’S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subLessee, to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City’s Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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 18 C. In the event of accidents of any kind related to this contract, Lessee 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, Lessee must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee 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. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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. 19 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this 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 Legal Kamping Pleasures Lease Agreement 03/29/2018 sw Risk Management N Kamping Pleasures Inc. Campground Lease 40 AC - Live Oak CountyLOCATION MAP NOT TO SCALE Lake Corpus Christi CR 3024 CR 3 7 1 KAMPING PLEASURES INC. EXHIBIT B Project No: 18127A 1 PM/GH Legistar No.: 18-1207 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2018 Action Item for the City Council Meeting of October 30, 2018 DATE:September 13, 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 with Cobb, Fendley & Associates, Inc., of Corpus Christi, Texas for a period of 1 year in the amount of $300,000 with one optional 1-year renewal to be administratively awarded for a total contract cost of $600,000 for Subsurface Utility Engineering (SUE) Services project. PURPOSE: This project provides subsurface utility survey services to identify potential conflicts with existing utility lines and appurtenances for construction projects. BACKGROUND AND FINDINGS: SUE services are critical to improve design accuracy for underground utilities to minimize costly construction delays and change orders. This contract was developed as a Master Service Agreement (MSA) to perform SUE services for various projects. SUE provides detailed underground utility survey information according to required quality levels. The American Society of Civil Engineers (ASCE) published Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data with four quality levels (A thru D): Master Services Agreement Subsurface Utility Engineering (SUE) Services (Capital Improvement Program) Project No: 18127A 2 PM/GH Legistar No.: 18-1207 -Quality Level D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections. QL-D is useful primarily for project planning and route selection activities. -Quality Level C involves surveying visible above ground utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). -Quality Level B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all subsurface utilities within a project’s limits. -Quality Level A is the highest level of accuracy presently available providing precise plan and profile mapping of underground utilities through the actual exposure of underground utilities (usually at a specific point). This level also provides the type, size, condition, material and other characteristics of underground features. Exposure is typically achieved through hand digging or Hydro-Vacuuming. This item will provide SUE data that will be incorporated into design documents. Multiple Task orders will be issued for project specific SUE Services within a not to exceed amount of $300,000/year. This MSA supports Bond and other approved City projects. The scope includes data collection (as-builts and record drawings), site investigations, hydro-excavation of existing underground utilities to determine appropriate information for each quality level with submission of a final report for the design engineer. This project is proposed as a multiple year program with a base year plus one optional one-year renewal. Future Task orders and renewal of option year will be administratively approved by the City Manager or designee upon satisfactory performance by Cobb, Fendley & Associates, Inc. ALTERNATIVES: 1.Authorize execution of the Master Services Agreement. (Recommended) 2.Do not authorize execution of the Master Services Agreement. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Cobb, Fendley & Associates, Inc., was selected by RFQ 2018-01. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department Project No: 18127A 3 PM/GH Legistar No.: 18-1207 FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 315,500 315,500 Encumbered / Expended Amount This item 300,000 300,000 Future Anticipated Expenditures This Project 15,500 15,500 BALANCE 0 0 Fund(s): Water Utilities Department RECOMMENDATION: City staff recommends award of the MSA to Cobb, Fendley & Associates, Inc. for Subsurface Utility Engineering Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract PROJECT BUDGET ESTIMATE SUBSURFACE UTILITY ENGINEERING SERVICES Capital Improvement Program PROJECT FUNDS AVAILABLE: Water CIP Fund……………………………………………………………………………105,166$ Wastewater CIP Fund……………………………………………………………………………105,167 Storm Water CIP Fund……………………………………………………………………………105,167 TOTAL 315,500 FUNDS REQUIRED: Fees: Engineering (Cobb, Fendley & Associates). .300,000$ Reimbursements:……………………………………………………………………………15,500 Contract Administration (Engineering/Finance/Capital Budget)……………………..6,000 Engineering Services (Project Mgt/Constr Mgt)………………………………………………………………………………..9,000 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..500 TOTAL 315,500$ ESTIMATED PROJECT BUDGET BALANCE $0 Council Presentation October 23, 2018 Subsurface Utility Engineering (SUE) Services 1 2 Project Location 3 Project Scope This item will provide SUE services for City projects that will be incorporated into design documents. Multiple task orders will be issued for project specific SUE Services within a not to exceed amount of $300,000/year. This MSA supports the Bond 2018 and other approved City projects. This is a MSA with one (1) base year plus one (1) option year for SUE services. SUE Services are critical to minimize costly delays and change orders. Scope includes: Data collection and analysis (record drawings) Site investigations Hydro-excavation of existing underground utilities Submission of final report with data as required for specified quality levels: Level D:basic information from record documents Level C:site investigation/survey for above ground verifications Level B:determination/verification of utility and horizontal position Level A:highest level with detailed position info with type, size, etc. 4 Project Schedule Projected Estimate: 365 Calendar Days = 12 months N D J F M A M J J A S O 2019 SUE Services 2018 K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 1 of 12 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES 18127A Subsurface Utility Engineering (SUE) Services This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Cobb, Fendley & Associates, Inc., a Texas Corporation, 505 E. Huntland Drive, Suite 100, Austin, Texas 78752 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN ................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 2 of 12 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, as shown in Exhibit A. 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 Exhibit E. 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. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 3 of 12 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. 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 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 in compliance with the Texas Prompt Payment Act. 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 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. 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 K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 4 of 12 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. 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 1-year beginning on the Effective Date. The Agreement may be renewed for up to one 1-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 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 & K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 5 of 12 K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 6 of 12 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: 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 K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 7 of 12 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. 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 K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 8 of 12 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. 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. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 9 of 12 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. 12.7 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. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. 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. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 10 of 12 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 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. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. COBB, FENDLEY & ASSOCIATES, INC _____________________________________ Dan Warth, P. E. Date Regional Manager 505 E. Huntland Drive, Suite 100 Austin, TX 78752 (512) 834-9798 Office dwarth@cobbfendley.com CITY OF CORPUS CHRISTI ____________________________________ Keith Selman Date Interim City Manager RECOMMENDED ____________________________________ Mark Van Vleck Date Assistant City Manager ____________________________________ Valerie H. Gray, P.E. Date Executive Director of Public Works ____________________________________ Jeff H. Edmonds, P.E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM ____________________________________ Assistant City Attorney Date 10/05/2018 K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 11 of 12 ATTEST ____________________________________ Rebecca Huerta Date City Secretary K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 12 of 12 Subsurface Utility Engineering (SUE) Services (Project No. 18127A) Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A EXHIBIT A SAMPLE TASK ORDER AGREEMENT 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 _________________, 2016 (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 ENGINEERING, INC ____________________________________ ___________________________________ Jeff H. Edmonds, P. E. Date Name Date Director of Engineering Services Vice President Address Corpus Christi, TX 784XX (361)XXX-XXXX Office RECOMMENDED ____________________________________ Operating Department Date EXHIBIT A SAMPLE TASK ORDER AGREEMENT Page 1 of 2 EXHIBIT A SAMPLE TASK ORDER AGREEMENT Page 2 of 2 Subsurface Utility Engineering (SUE) Services (Project No. 18127A) Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A June 15th, 2018 Sarah West, P.E., CFM Major Projects Engineer Engineering Services City of Corpus Christi VIA E-MAIL Re: RFQ No. 2018-01 – SUE Services MSA (contract # pending) Dear Ms.West, CobbFendley is pleased to propose this attached scope of services and basis of compensation for the Subsurface Utility Engineering (SUE) Services MSA as referenced above. CobbFendley understands this contract will take the form of a Master Services Agreement, under which task orders will be issued. This proposal is based on information obtained during our meeting on June 8th and your subsequent email on June 15th 2018 Please do not hesitate to contact us again if we can assist the City of Corpus Christ in any way. We look forward to working with you. Sincerely, COBB, FENDLEY & ASSOCIATES, INC. Richard Clarke Project Manager Exhibit B Page 1 of 3 August 9th 2018 RFQ No. 2018-01 Capitol Improvement Projects– SUE Services MSA (contract # pending) Scope of Services The purpose of the Subsurface Utility Engineering (SUE) Services MSA referenced above is to assist the City of Corpus Christi Engineering Services Dept. by providing SUE for upcoming projects. SUE information allows the City and its engineering consultants to be aware of and take account of utility issues earl y in the development of a project. This minimizes utility related re-designs, unanticipated stoppages and relocation costs. It also enhances on site safety. CobbFendley will provides these services to the City in a phased approach following the ASCE 38-02 “The Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data”- see below. Utility Quality Levels are used to define the range of SUE provided. In cumulative order (least to greatest) they are: Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey co ntrol) utility/environment data. Additional description of services, methodology and equipment is below. At the request of the City of Corpus CobbFendley shall: Perform Utility Designating (Level B SUE) to accurately identify and verify horizontal utility positions. This assists in identifying potential utility conflicts Perform Utility Locating (Level A SUE) to obtain utility depth information. This assists in resolving potential conflicts. Utility Designating (Level B SUE) CobbFendley Shall 1.Coordinate with City of Corpus Christi to schedule work. The City will provide permission or permits to perform work, or right of entry to property and any utility easements. Determine with the City the need for traffic control. CobbFendley shall provide traffic control or through subcontract if required. 2.Perform Record Research (Level D SUE) by contacting utility owners, The City, property owners and other stake holders to request utility information. This will assist CobbFendley in identifying utilities and marking them in the field. 3.Designate (means to mark and record) the horizontal location of the existing tone-able utility facilities using non- destructive surface geophysical techniques. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. Water and communication vaults can typically be investigated from above ground. Cobb Fendley does not enter buried power vaults or manholes. Exhibit B Page 2 of 3 4.Where possible use Ground Penetrating Radar (GPR). Under ideal circumstances nonconductive buried lines can be investigated successfully with GPR. Soil conditions in Texas are however generally not suitable for GPR. CobbFendley has had success using GPR for SUE work, but non-conductive features can remain undetected. 5.Mark identified utilities using a non-water base paint and pin flags, utilizing the APWA color code scheme. CobbFendley will provide a field sketch of designated utilities. 6.If required survey SUE field markings and above ground utility features, tie to existing project survey control and plot on project base topo map. CobbFendley will review this utility map and compare with as-built information and field work. Discrepancies resolved using professional judgement. 7.Provide letter report summarizing work performed. 8.Based on the Level B SUE information and proposed designs, assist the City of Corpus in determining utility conflict locations and appropriate locations for vacuum excavation test holes to assist in resolving these potential conflicts. Vacuum Excavation (Level A) CobbFendley Shall: In locations where the depth of identified buried utilities is required, perform FHWA Level A vacuum test holes. Holes are excavated using a nondestructive compressed air vacuum excavation truck. Vacuum excavation shall be performed as follows: 1)Comply with regulations, and/or policies for the prevention of underground utility damage (i.e., one-call system). Coordinate with Development Services to schedule work. The City of Corpus will provide permission and permits to perform work. CobbFendley shall provide traffic control or through subcontract if required. 2)Vacuum excavate to measure and record the depth and location of found items. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 3)Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 4)Backfill the hole. Compact in lifts. Restore pavement. 5)If required survey utility test hole locations. Survey will be tied to existing project survey control, 6)Provide drafting to produce test holes data sheets showing utility depth, size and line material, condition of the line, type of soil for each test hole location surveyed. Test hole data sheets include a “snapshot’ from the CAD file showing test hole location and photographs of test hole and found utilities. Basis of Compensation The above scope of services will be provided on a Task Order basis. CobbFendley will not start project work without an approved Task Order from the City. The value of the 2018 SUE Services MSA is anticipated to be $300,000.00 Exhibit B Page 3 of 3 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements.EXHIBIT C If applicable, refer to the contract for information on what to include with time and materials (T&M).Page 1 of 1 EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of EXHIBIT D INSURANCE REQUIREMENTS Page 1 of 2 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT D INSURANCE REQUIREMENTS Page 2 of 2 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E 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 – 2 Rev 18-2 Exhibit E Page 22 of 22 Project No: E17041 1 SW/LH Legistar No.: 18-1268 Rev. 1 – 10/01/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2018 Action Item for the City Council Meeting of October 30, 2018 DATE:October 5, 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 Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Gina Sanchez, Marina Superintendent ginas@cctexas.com (361) 826-3498 CAPTION: Motion to authorize execution of Amendment No. 1 to a professional services contract with Munoz Engineering of Corpus Christi, Texas in the amount of $91,213 for a total restated fee of $108,493 for the Seawall Capital Repairs project. PURPOSE: This amendment provides design services, which will result in a construction contract to repair the Downtown Seawall structure and miradors. BACKGROUND AND FINDINGS: The Downtown Seawall must be inspected and repaired on a regular schedule, so it maintains its intended function to protect the downtown area from storm surge. Major reconstruction of the Downtown Seawall was completed in 2006, and subsequent minor repairs were completed in Professional Services Contract Amendment No. 1 Seawall Capital Repairs (CIP - Type A) Project No: E17041 2 SW/LH Legistar No.: 18-1268 Rev. 1 – 10/01/2018 2014. Providing minor, routine repairs can defer potentially costly major structural reconstruction efforts. The original contract assessed the current condition of the Seawall through a visual inspection and provided recommendations for repairs. This amendment provides design services, which will result in a construction contract to repair the Downtown Seawall structure and miradors. Basic Services: Design - Preparing construction plans and specifications for concrete spall repairs, joint sealing, crack repairs, pitting and honey combing repairs, and mirador repairs if necessary Bid Phase - Pre-bid conference, response to pre-bid questions, tabulating the submitted bids, and preparing a recommendation concerning contract award Construction Administration – pre-construction meeting, submittal reviews, limited inspections, and preparing as-built drawings Additional Services: Mirador Inspection (was excluded from the original inspection) Mirador repair design (if required based on inspection) ALTERNATIVES: 1.Authorize execution of the Amendment. (Recommended) 2.Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: This item was presented to the Corpus Christi Business and Job Development Corporation (Type A Board) on October 15, 2018. They voted to recommended City Council approve this contract. 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: Type A Board Parks and Recreation Department Marina Project No: E17041 3 SW/LH Legistar No.: 18-1268 Rev. 1 – 10/01/2018 FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 500,000 500,000 Encumbered / Expended Amount 17,280 17,280 This item 91,213 91,213 Future Anticipated Expenditures This Project 26,500 26,500 BALANCE 365,007 365,007 Fund(s): Type A Funds RECOMMENDATION: City Staff recommends the execution of Amendment No. 1 to the professional services contract with Munoz Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 PROJECT FUNDS AVAILABLE: Type A Sales Tax………………………………………………………………………………………………….500,000 TOTAL FUNDS AVAILABLE ..500,000$ FUNDS REQUIRED: Construction Fees:…………………….…………………………………………………………………………………….TBD Construction…………………………………………………………………………………..…………..TBD Contingency (10%)……………...……………………………………………………………………………………………………………………….TBD Construction Inspection and Testing Fees:………………………………….……………………………………………………TBD Construction Inspection…………………………………………..……………………………………………TBD Construction Phase - Materials Testing Services (Estimate) …...………………..……………………………………………………………………………….TBD Design and Geotechnical Fees:…………………………………………………………………………………………..108,493 Engineering Design (Munoz Engineering) Amendment No. 1 (THIS ITEM) . .91,213 Preliminary Design (Munoz Engineering)….…………………………………………………………………………………………………….17,280 Reimbursements:…………………………………………………………………………………………………………...…………..26,500 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)……………………………………………………………………………….10,000 Engineering Services (Project Mgt)………………………………………………………………………………..15,000 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..1,500 TOTAL 134,993 ESTIMATED PROJECT BUDGET BALANCE 365,007 Seawall Capital Repairs PROJECT BUDGET ESTIMATE Capital Improvement Program - Type A 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Seawall Capital Repairs Project Location Project Number: E17041LOCATION MAP NOT TO SCALE Council Presentation October 23, 2018 Seawall Capital Repairs (CIP – Type A) 1 2 Project Location 3 Project Vicinity 4 Project Scope •This amendment provides design services for construction documents to repair the Seawall structure and miradors •Downtown Seawall must be inspected and repaired on a regular schedule Routine repairs can defer potentially costly major structural reconstruction efforts Major reconstruction completed in 2006 Subsequent minor repairs completed in 2014 •Original contract inspected the Seawall and provided recommendations for repairs 5 Project Schedule Projected Schedule reflects City Council award in October 2018 with anticipated completion in March 2020. O N D J F M A M J J A S O N D J F M 2020 Bid/ Award 2018 2019 ConstructionDesign 6 Questions? Contract for Professional Services Page 1 of 11 CITY OF CORPUS CHRISTI Amendment No 1 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17041 - Seawall Capital Repairs 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 Munoz Engineering, LLC., 1608 S. Brownlee, Corpus Christi, Nueces, Texas, 78404 (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 $91,213.00 for a total not to exceed $108,493.00. 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. Contract for Professional Services Page 11 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI MUNOZ ENGINEERING, LLC. ____________________________________ _____________________________________ Jeff H. Edmonds, P.E. Date Ramiro Muñoz, P.E., MLSE Date Director of Engineering Services Principal/Project Manager 1608 S. Brownlee Blvd Corpus Christi TX 78404 (361) 946-4848 ram@munozengrg.com APPROVED ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date Fund Name Accounting Unit Account No. Activity No. Amount Seawall System CIP 3271-707 550950 E17041-01-3271- EXP $91,213.00 Total $91,213.00 MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions 1608 S. BROWNLEE BLVD * CORPUS CHRISTI, TX 78404 * (O) 361-946-4848 * (F) 361-265-0562 September 27, 2018 City of Corpus Christi - Engineering Department 2406 Leopard Street Corpus Christi, Texas 78469 Attn: Sarah West, PE – Project Manager Re: Proposal for Engineering Services E17041 Seawall Capital Repairs – Amendment No. 1 Ladies & Gentlemen: Munoz Engineering, LLC (ME, LLC) is pleased to submit this proposal for engineering and inspection services. Engineering and Inspection shall be performed in accordance with adopted design codes for the City of Corpus Christi. ME, LLC proposes to perform said services and all acts attendant thereto with a reasonable standard of care. Our proposed scope of work is as follows: Basic Services: Design Prepare Construction Repair Plans for the Major, Moderate, and Minor referenced in ME Letter Report, Entitled: Letter Report – Assessment of Seawall at Ocean Drive in City Standard Format. o Cover Sheet, Notes, and Inspection Schedule – 4 Sheets o Existing Condition Plan(s) – 22 Sheets o Proposed Repair Location Plan(s) – 22 Sheets o Sections and Details – 2 Sheets o Concrete Repair Details – 4 Sheets All repair designs will be in accordance with the American Concrete Institute (ACI) Code. All drawings will be prepared using AutoCAD 2015. Hold a 60% review meeting and provide meeting agenda with minutes to attendees within five (5) working days of the meeting. Furnish two (2) printed and one (1) electronic copy of the 60%, 90%, and 100% submittals for review by City with one (1) printed and one (1) electronic copy of the Final sign and sealed submittal following City acceptance. Hold a 60% review meeting and provide meeting agenda with minutes to attendees within five (5) working days of the meeting. Bid Services Participate in the pre-bid meeting and provide an agenda for an explanation of the Scope of Work and elements that impact the project. Assist the City in solicitation of bids by identification of prospective bidders. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City’s format, for the Engineering Services’ approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. EXHIBIT A Page 1 of 4 MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions 1608 S. BROWNLEE BLVD * CORPUS CHRISTI, TX 78404 * (O) 361-946-4848 * (F) 361-265-0562 Attend bid opening, review bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. In the event the lowest responsible bidders, bid exceeds the project budget as revised by the Engineering Services in accordance with the design phase estimate, Munoz Engineering will, at additional cost to the original contract, confer with City staff and make revisions to bid documents for re-advertisement of project for bidding. Construction Administration Services Participate in pre-construction conference and provide an agenda to review the construction plans only. Perform submittal review for repair materials and methods of concrete repair and installation. Review and interpret field and laboratory testing. Perform Weekly Inspections limited up to thirty-two (32) inspections. Attend final inspection with City staff and provide punch list items to City engineering staff. Review Contractor provided construction red-line or as-built drawings. Prepare Project record drawings and provide a reproducible set and electronic file using AutoCAD 2013 within two (2) months of final acceptance of the project. Additional Services (Authorization Required): Mirador Inspection Perform an onsite inspection for the various Miradors along the seawall. Prepare an inspection report outlining what was discovered during the visual inspection by means of text and pictures that shall be reviewed by City with one (1) revision based upon City comments. Mirador Repair Design Include Mirador Repairs in the Basic Services construction documents contingent upon completion of onsite inspections. Mirador Repairs Construction Administration Services Two (2) meetings with City Staff to discuss findings overall Scope of Repairs, and maintenance cycles. Perform Weekly Inspections limited up to an additional twelve (12) inspections. EXHIBIT A Page 2 of 4 MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions 1608 S. BROWNLEE BLVD * CORPUS CHRISTI, TX 78404 * (O) 361-946-4848 * (F) 361-265-0562 ME, LLC proposes to perform the scope of work for Amendment No. 1 for a lump sum fee of $91,213.00 for a total fee not to exceed $108,493.00 as shown in the table below. *Fees do not include Material Testing We appreciate the opportunity to assist you in this matter and if you have any comments or questions please contact call me at (361) 946-4848 or e-mail me at ram@munozengrg.com . Sincerely, MUNOZ ENGINEERING TBPE FIRM No. F-12240 ________________________ Ramiro Muñoz III, PE, MLSE Principal/Project Manager Attachments ____________________________________________________________________________ For payment services, invoice to: Firm: ________________________________ Attn: _______________________________ Address: ____________________________ Title: _______________________________ City: _________________ State: __________ Zip Code: _______ Phone: _______________ Fax: ___________ Email Address: ________________________________________ ** Payment is due upon receipt of the invoice. Please remit to the above address and reference your invoice number on payment. Description Original Contract Amendment No. 1 Total Contract Preliminary Phase 17,280.00$ -$ 17,280.00$ Design Phase -$ 30,300.00$ 30,300.00$ Bid Services -$ 2,504.00$ 2,504.00$ Construction Admin Services -$ 26,750.00$ 26,750.00$ Basic Services Subtotal:17,280.00$ 59,554.00$ 76,834.00$ Mirador Inspection -$ 7,000.00$ 7,000.00$ Mirador Repair Design -$ 16,510.00$ 16,510.00$ Mirador Repair Construction Admin Services -$ 8,149.00$ 8,149.00$ Additional Services Subtotal:-$ 31,659.00$ 31,659.00$ Total Authorized Fee 17,280.00$ 91,213.00$ 108,493.00$ Basic Services Additional Services (Authorization Required) EXHIBIT A Page 3 of 4 Date Activity Receipt of Executed Contract Review As-Built Information Two (2) Weeks after NTP Begin Preliminary Design Two (2) Weeks after Beginning Design 60% Design Submittal Three (3) Weeks City Review Three (3) Weeks after Receipt of City Comments 90% Design Submittal Three (3) Weeks City Review Four (4) Weeks after Receipt of City Comments 100% Design Submittal Three (3) Weeks City Review Two (2) Weeks after Receipt of City Comments Final Design Submittal Two (2) Weeks after Final Design Submittal Advertise for Bids Two (2) Week after Advertisement for Bids Pre-bid Conference One (1) Week after Pre-bid Conference Receive Bids Four (4) Weeks after Receipt of Bids Contract Award Four (4) Weeks after Contract Award Begin Construction Approximately Thirty (30) Weeks Complete Construction PROJECT SCHEDULE Mirador Inspection and Design will add approximately three (3) weeks to the project schedule EXHIBIT A Page 4 of 4 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 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 D Page 22 of 22 EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION 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: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner 4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/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 CommitteeN/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 2 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: Title: (Type or Print) Signature of Certifying Person: Date: 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. DATE:October 23, 2018 TO:Keith Selman, Interim City Manager FROM:Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services – Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of uniforms for the Gas Department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $122,795.50. PURPOSE: This purchase will allow the Gas department to purchase uniforms for current and temporary employees. BACKGROUND AND FINDINGS: The items to be purchased will include pants, shorts and long-sleeved shirts and jackets. The price per item includes: hemming of trousers and sewing of patches. There will be no freight or service charges. These services were procured through the U.S. Communities cooperative which provides the best pricing for the City for these needed uniforms. ALTERNATIVES: None. Uniform Purchase for Gas Department AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2018 Action Item for the City Council Meeting of October 30, 2018 OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Gas Operations FINANCIAL IMPACT: x Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $124,837.06 $0.00 $124,837.06 Encumbered / Expended Amount $1,927.49 $0.00 $1,927.49 This item $122,795.50 $0.00 $122,795.50 BALANCE $114.07 $0.00 $114.07 Fund(s): Gas Comments:The amount is not to exceed $122,795.50. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price List PRICE SHEET Color List Price Discount 258MH-70 FR Workshirt Khaki 83.99$ 10% $ 75.59 730 55,180.70$ 65467 Wrangler Jean Denim 24.99$ 10% $ 22.49 270 6,072.30$ 71445 Wrangler Jean Denim 27.99$ 10% $ 25.19 420 10,579.80$ 110NX-60 Industrial Coverall Navy 156.99$ 10% $ 141.29 75 10,596.75$ 320NX-60 Bomber Jacket Navy 230.99$ 10%207.89$ 57 11,849.73$ 530NX-45 Jacket/Liner Black 222.99$ 10%200.69$ 58 11,640.02$ 112 Richardson Trucker Twill Mesh Snapback Gray/Red 6.99$ 10%6.29$ 155 974.95$ CP90L Fleece-Lined Knit Cap Athletic Oxford 4.99$ 10%4.49$ 155 695.95$ 1975 Pinpoint Oxford Shirt Assorted 35.99$ 10%32.39$ 16 518.24$ 73531 North Face Tech Stretch Soft-Shell Jacket (S-XL)Black 104.99$ 10%94.49$ 9 850.41$ 73531 North Face Tech Stretch Soft-Shell Jacket (2XL-3XL)Black 112.99$ 10%101.69$ 5 508.45$ OG101 Men's Polo (XS-XL)Assorted 31.99$ 10%28.79$ 20 575.80$ Men's Polo (2XL)Assorted 33.99$ 10%30.59$ 6 183.54$ Men's Polo (3XL)Assorted 37.99$ 10%34.19$ 6 205.14$ Men's Polo (4XL)Assorted 39.99$ 10%35.99$ 6 215.94$ LOG101 Women's Polo (XS-XL)Assorted 31.99$ 10%28.79$ 26 748.54$ Women's Polo (2XL)Assorted 33.99$ 10%30.59$ 4 122.36$ Women's Polo (3XL)Assorted 37.99$ 10%34.19$ 2 68.38$ Women's Polo (4XL)Assorted 39.99$ 10%35.99$ 0 -$ Name Emblem 3.95$ 10%3.55$ 974 3,457.70$ Company Emblem 4.95$ 10%4.45$ 974 4,334.30$ Flag Emblem 2.00$ 974 1,948.00$ Embroidery - Gas Log 4.95$ 10%4.45$ 240 1,068.00$ Embroidery - CNG Log 4.95$ 10%4.45$ 90 400.50$ GRAND TOTAL 122,795.50$ U.S. Communities Unit Price Extended Price CITY OF CORPUS CHRISTI - GAS DEPARTMENT U.S. Communities Contract #12-JLH-011C Item #Item Description Qty