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Agenda Packet City Council - 05/21/2019
City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 21, 2019 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Margaret Morin, Utility Business Office Manager, Finance Department. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 19-0723 Proclamation declaring May 19-25, 2019, "Emergency Medical Services Week". Proclamation declaring May 19-25, 2019, "National Public Works Week". Proclamation declaring May 2019, "Motorcycle Safety and Awareness Month". Proclamation declaring June 3-9, 2019, "PRIDE Week". Proclamation declaring June 9-19, 2019, "154th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days". City of Corpus Christi Page 1 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Recognition of Drue Jones, Goodwill Ambassador. Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE b. OTHER G. MINUTES: 2. 19-0735 Regular Meeting of May 14, 2019. Attachments: Minutes - May 14, 2019 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. City of Corpus Christi Page 2 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 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 - 23) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 19-0448 Service Agreement for Dispatch and Lot Management System Software for Impound and Rotation Tows Motion authorizing a five-year service agreement for Dispatch and Lot Management System software for impound and rotation tows with UR International, Inc. of Sugar Land, Texas for a total amount not to exceed $135,000. Attachments: Agenda Memo - Dispatch & Lot Management System Service Agreement 68061 - Dispatch & Lot Management System Price Sheet - Dispatch & Lot Management System 4. 19-0683 Resolution Authorizing an Interlocal Cooperation Agreement for Radio System Consulting Services for Police Department Resolution authorizing an interlocal cooperation agreement with the Regional Transportation Authority and Nueces County to provide payment to Trott Communications for radio system consulting services. Attachments: Agenda memo - agreement for radio system consulting services 05.14.2019 Resolution - Trott Interlocal 2019.docx Interlocal Cooperation Agreement (RTA NCT) City of Corpus Christi Page 3 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 5. 19-0590 Radio System Consulting Services for Police Department Motion authorizing a two-year service agreement for radio system consulting with Trott Communications Group, Inc. of Irving, Texas for a total amount not to exceed $129,010. Attachments: Agenda Memo - Radio System Consulting Services for Police Service Agreement 2014 - Radio System Consulting Services for Police Evaluation Matrix for RFP 2014 - Radio System Consulting Services for Police 6. 19-0640 Supply Agreement for Automotive Parts for the Fire Department Motion authorizing a three-year supply agreement for automotive parts with Advance Stores Company of Raleigh, North Carolina via U.S. Communities cooperative for an amount not to exceed $105,000. Attachments: Agenda Memo -Automotive Parts for CCFD Supply Agreement 7. 19-0597 Construction Contract for HEB Tennis Center Improvements (Bond 2012, Proposition 4) Motion to authorize execution of a construction contract with D&SS Construction, Inc., of Corpus Christi, Texas in the amount of $558,527.21 for the Base Bid and Additive Alternate No. 1 for the HEB Tennis Center Improvements project. Attachments: Agenda Memo - E17056 HEB Tennis Center Improvements Budget - E17056 HEB Tennis Center Improvements Location Map - E17056 HEB Tennis Center Improvements Presentation - E17056 HEB Tennis Center Improvements Letter of Recommendation - E17056 HEB Tennis Center Improvements 8. 19-0592 Professional Services Contract Amendment No. 4 for the Central Library Roof Replacement (Bond 2012 and Bond 2018) Motion authorizing the City Manager, or designee, to execute professional services contract Amendment No. 4 with Solka, Nava, Torno, LLC, of Corpus Christi, Texas, in the amount of $75,740 for a total restated fee of $125,030 for Central Library Roof Replacement project. Attachments: Agenda Memo - E12121 Central Library Roof Replacement Budget - E12121 Central Library Roof Replacement Location Map - E12121 Central Library Roof Replacement Presentation - E12121 Central Library Roof Replacement Amendment No. 4 Contract for Professional Services - E12121 Central Library F 9. 19-0606 Amendment No. 1 for the Laguna Madre Wastewater Treatment City of Corpus Christi Page 4 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Plant Rehabilitation Project Motion to authorize execution of Amendment No. 1 to a contract for professional services with Urban Engineering of Corpus Christi, Texas in the amount of $392,210 for a total restated fee of $419,070 for the Laguna Madre Wastewater Treatment Plant Rehabilitation project. Attachments: Agenda Memo - Laguna Madre WWTP Rehabiliatation (rev3) Project Budget - Laguna Madre WWTP Rehabilitation Improvements.xlsx Location Map - Laguna Madre WWTP Rehabilitation Improvements.pdf Presentation - Laguna Madre WWTP Rehabilitation Improvements Amendment No. 1 - 18086A Urban Amd 1 unsigned.pdf 10. 19-0609 Construction Contract for City-wide Wastewater Indefinite Delivery/Indefinite Quantity (IDIQ) Program 2019 Motion to authorize execution of an IDIQ construction contract with PM Construction & Rehab LLC, dba IPR South Central of Pasadena, Texas in the amount of $10,000,000 per year for a total not to exceed $30,000,000 in three years for the City -Wide Wastewater IDIQ 2019 project for base bid plus additive alternate No. 1. This is a one (1) year base contract with two (2) one-year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. Attachments: Agenda Memo - Citywide Wastewater IDIQ 2019 Project Budget - Citywide Wastewater IDIQ 2019.xlsx Location Map - Citywide Wastewater IDIQ 2019.pdf LOR - Citywide Wastewater IDIQ 2019.pdf Presentation - Citywide Wastewater IDIQ 2019 11. 19-0659 Resolution authorizing an Interlocal Cooperation Agreement for Water Line Improvements Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District (SPMWD) for the City to accept approximately 3,600 linear feet (LF) of water pipeline constructed by SPMWD, and to pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 linear feet of fiber-optic cable for the City's future water distribution development. Attachments: Agenda Memo - SPMWD ILA - 02 May 19 Resolution - SPMWD ILA Final Interlocal Cooperationi Agreement for Fiber Conduit and Water Line Improveme Exhibit A Exhibit B City of CC Insurance Requirments Water Utility Projects City of Corpus Christi Page 5 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 12. 19-0554 Resolution authorizing a Supply Agreement for the purchase of scientific water lab testing reagents and consumables Resolution authorizing a five-year supply agreement for the purchase of scientific water lab testing reagents and consumables with IDEXX Distribution, Inc. of Westbrook, Maine for an amount not to exceed $332,411. Attachments: Agenda Memo- Reagents and Consumables. Resolution -Reagents and Consumables IDEXX Pricing Sheet - Reagents and Consumables Year 1 thru Year 5.pdf Supply Agreement- Reagents and Consumables 13. 19-0637 Supply Agreement for the purchase of liquid chlorine for O.N. Stevens Water Treatment Plant Motion authorizing a two-year supply agreement for the purchase of liquid chlorine 1 -ton cylinders from DPC Industries, Inc. of Houston, Texas for a total amount not to exceed $102,000. Attachments: Agenda Memo - Liquid Chlorine 1 -Ton Cylinder Bid Tabulation - Liquid Chlorine 1 -Ton Cylinder Supply Agreement - Liquid Chlorine - 1 Ton Cylinder. 14. 19-0614 Resolution authorizing the purchase of trailer mounted manhole rehabilitation equipment Resolution authorizing the purchase of trailer mounted manhole rehabilitation equipment from Action Products Marketing Corp, of Johnston, Iowa for a total amount not to exceed $131,160. Attachments: Agenda - Trailer Mounted Manhole Rehabilitation Equipment Resolution Sole Source - Trailer Mounted Manhole Rehabilitation Equipment Price Sheet -Trailer Mounted Manhole Rehabilitation System 15. 19-0644 Service Agreement for Welding Services for Asset Management Motion authorizing a three-year service agreement for welding services with Carrillo's Welding Services, of Corpus Christi, Texas, for an amount not to exceed $228,000. Attachments: Agenda Memo - Welding Heavy Equipment for Fleet Service Agreement 2137 Bid Tab - Welding Heavy Equipment for Fleet 16. 19-0589 Service Agreement for the Lease Purchase of Articulating Boom Lift for Corpus Christi International Airport (CCIA) City of Corpus Christi Page 6 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Motion authorizing a three-year service agreement with All Around Access LLC of Naples, Florida for the lease purchase of an articulating boom lift including a three-year extended warranty service for a total amount not to exceed $99,889.59. Attachments: Agenda Memo - Articulating Boom Lift for CCIA Bid Tab - RFB 2051 Articulating Boom Lift for CCIA Service Agreement 2051 17. 19-0680 Resolution suspending the date of AEP Texas Inc.'s requested rate change Resolution of the City of Corpus Christi, Texas suspending the June 5, 2019 effective date of AEP Texas Inc.'s requested rate change to permit time to study the request and to establish reasonable rates; approving cooperation with the cities served by AEP Texas and authorizing intervention proceedings before the Public Utility Commission; hiring attorneys and consulting services; and requiring reimbursement of cities' rate case expenses. Attachments: Agenda Memo AEP Rate Case Resolution - AEP Texas 2019 Rate Case - OJ Cities 18. 19-0456 Second Reading Ordinance - Urban Transportation Plan Amendment for the Regional Parkway (1st Reading 5/14/19) Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adding the Regional Parkway, located between Park Road 22 and State Highway 286, with a designation of RA3 Primary Rural Arterial. Attachments: Agenda Memo - Regional Parkway Ordinance - Regional Parkway Presentation - Regional Parkway Select Pages from Regional Parkway PEL Study final 032317 19. 19-0671 Second Reading Ordinance - Appropriating funds for a Construction Contract for Slough Road (Rodd Field Road to Amethyst Drive) (Type B) (1st Reading 5/14/19) Ordinance appropriating $154,430.54 and authorizing execution of a construction contract with Max Underground Construction, LLC of Corpus Christi in the amount of $5,400,889.65 for base bid plus Additive Alternatives No. 1, 2 and 3 for Slough Road (Rodd Field Road to Amethyst Drive) Improvement Project. Attachments: Agenda Memo - Slough Road Ordinance - Slough Road Project Budget - Slough Road City of Corpus Christi Page 7 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Location Map - Slough Road City Council Minutes - 10.16.18 Resolution - Slough Road Presentation - Slough Road 20. 19-0563 Second Reading Ordinance - Authorizing a Professional Services Project contract for the Restoration of SEA District Water Features Project (1st Reading 5/14/19) Ordinance amending the FY 2019 Capital Improvement Program budget to increase the year one budget for Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. Attachments: Agenda Memo - Water Garden Ordinance - Water Garden Budget - Water Garden Location Map - Water Garden Contract - Water Garden Presentation Water Garden 21. 19-0689 Second Reading Ordinance - Partial easement closure for property located at 10329 Creek Bottom Drive (1st Reading 5/14/19) Ordinance abandoning and vacating a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22, Block 4, Maple Hills Unit 7, Phase One, located at 10329 Creek Bottom Drive. Attachments: Agenda Memo - Maple Hills Ordinance - Maple Hills Presentation - Maple Hills 22. 19-0196 Second Reading Ordinance - Authorizing Lease Amendment No. 7 to Lease Agreement for Office Space at the Airport for the Transportation Security Administration (TSA) (1st Reading 5/14/19) Ordinance authorizing Lease Amendment No. 7 to the lease agreement between the City and the U.S. General Services Administration for use of terminal office space at Corpus Christi International Airport by the Transportation Security Administration from March 1, 2019, through February 29, 2024, for minimum annual rent of $400,345.91; ratifying prior lease amendments; and modifying necessary provisions of the lease. Attachments: Agenda Memo - GSA Lease TSA Ordinance - GSA TSA Lease Amendment No7 vFinal City of Corpus Christi Page 8 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Amendment 7 - GSA TSA Lease Agmt vFinal 20190425 23. 19-0645 Second Reading Ordinance - Appointing Municipal Court Judges (1st Reading 5/14/19) Ordinance appointing Julianna Siracusa Rivera as a full-time Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing William Gregory "Bill" Bonilla as a part-time judge of the Municipal Court of Record in the City of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. Attachments: Ordinance Appointing Judges May 2019 (MCC recommendation) L. FUTURE AGENDA ITEMS: (ITEMS 24 - 26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 19-0716 Resolution Approving Street Preventative Maintenance Program (SPMP) 2019 SPMP Work Plan (Year - 6) Resolution approving the concepts, direction, and general work plan for the sixth year of the Street Preventative Maintenance Program (SPMP) - "2019 SPMP Work Plan (Year - 6)." Attachments: Agenda Memo - 2018 SPMP Work Plan Year 6 Resolution - 2018 SPMP Work Plan Year 6 Exhibit A - Alphabetical 2019 SPMP by District City Sealcoat Location Map - 2018 SPMP Work Plan Presentation - SPMP Year 6 FY 2019 25. 19-0718 Professional Services Contract Amendment No. 1 for Street Preventative Maintenance Program (SPMP) FY 19 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the professional services contract with J. Schwarz & Associates, Inc. of Corpus Christi, Texas in the amount of $846,500 for a restated fee not to exceed $874,250 for continued implementation of the 2019 Citywide Street Preventative Maintenance Program (SPMP). Attachments: Agenda Memo - SPMP Year 6 FY 2019 SPMP Amend 1 - Budget Presentation - SPMP Year 6 FY 2019 Amemdment No. 1 J Schwarz Associates 26. 19-0633 Service Agreements for Backflow Preventer Services for City of Corpus Christi Page 9 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Commercial Accounts Motion authorizing six two-year service agreements for non -fire backflow preventer services for commercial accounts with Koetter Fire Protection, Hebert Irrigation, Graf Plumbing, Smart Plumbing, KimJon Backflow Service all of Corpus Christi, Texas, and TD Backflow Services of Orange Grove, Texas for an amount not to exceed $142,800 for each contract; and, one two-year service agreement for fire backflow preventer for commercial accounts with Koetter Fire Protection of Corpus Christi, Texas for an amount not to exceed $142,800, for a combined total amount not to exceed $999,600, each with one two-year option for a total potential multi-year amount not to exceed $1,999,200. Attachments: Agenda Memo - Backflow Preventer for Commercial Accounts Service Agreement 1894 - Koetter Fire Protection - Non Fire Devices Service Agreement 2236 - Hebert Irrigation - Non Fire Devices Service Agreement 2237 - Graf Plumbing - Non Fire Devices Service Agreement 2238 - Smart Plumbing - Non Fire Devices Service Agreement 2239 - KimJon - Non Fire Devices Service Agreement 2240 - TD Backflow - Non Fire Devices Service Agreement 2241 - Koetter Fire Protection - Fire Devices M. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. N. PUBLIC HEARINGS: (ITEMS 27 - 29) 27. 19-0639 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2110 Laguna Shores Road. Case No. 0319-02 B&A Terra Firma Development, LLC: Request for rezoning a property at or near 2110 Laguna Shores Road from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. Applicant's Request (3/4 Vote Required) Ordinance rezoning property at or near 2110 Laguna Shores Road from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. Attachments: Agenda Memo - BA Terra Firma Development LLC Ordinance - B&A Terra Firma Development, LLC Ordinance (RS6) - Terra Firma Development, LLC RS6 City of Corpus Christi Page 10 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Report - B&A Terra Firma Development, LLC Presentation - B&A Terra Firma Development, LLC 28. 19-0641 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 10224 Leopard Street. Case No. 0319-03 Corpus Christi Storage Solutions, LLC: Request for rezoning a property at or near 10224 Leopard Street from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. Ordinance rezoning property at or near 10224 Leopard Street from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. Attachments: Agenda Memo - Corpus Christi Storage Solutions, LLC Ordinance Special Permit - Corpus Christi Storage Solutions, LLC Ordinance - Corpus Christi Storage Solutions, LLC Report - Corpus Christi Storage Solutions, LLC Presentation - Corpus Christi Storage Solutions, LLC 29. 19-0642 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 701 McBride Lane. Case No. 0419-01 Vernon and Jennifer Carr: Request for rezoning a property at or near 701 McBride Lane from the "CG -2" General Commercial District and the "RS -6" Single -Family District to the "IL" Light Industrial District. Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "CG -2" General Commercial District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Ordinance rezoning property at or near 701 McBride Lane from the "CG -2" General Commercial District and the "RS -6" Single -Family District to the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Attachments: Agenda Memo - Vernon and Jennifer Carr Ordinance Special Permit - Vernon and Jennifer Carr City of Corpus Christi Page 11 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Ordinance 0419-01 Vernon and Jennifer Carr CC Report 0419-01 Vernon and Jennifer Carr Presentation 0419-01 Vernon and Jennifer Carr O. REGULAR AGENDA: (ITEMS 30 - 34) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 30. 19-0685 Resolution authorizing grant submission for Automobile Burglary and Theft Prevention Authority Resolution authorizing submission of grant application for $418,087 to Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant with a City cash match of $702,757, in-kind match of $62,046, and program income match of $3,851 for a total project cost of $1,186,741. Attachments: Agenda Memo - ATPA grant application 05.21.2019 Resolution - ABTPA Grant 2019.docx 31. 19-0632 Resolution for a service agreement for custodial services for outlying police buildings Resolution authorizing a 12 -month service agreement for custodial services for outlying police buildings with Ernestina Luna, dba Unified Service Associates of San Antonio, Texas for an amount not to exceed $109,395.96, with two 12 -month options for a potential total amount not to exceed $328,187.88. Attachments: Agenda Memo - Custodial Services for Outlying Police Buildings Resolution -Custodial Services for Outlying Police Buildings Service Agreement No. 2125 - Custodial Services for Outlying Police Buildings Bid Tabulation - Custodial Services for Outlying Police Buildings 32. 19-0730 One -Reading Ordinance - Creation of Industrial Districts No. 5, 6, and 7 in San Patricio County Ordinance authorizing the establishment of Industrial Districts No. 5, 6, and 7 within the extraterritorial jurisdiction of the City of Corpus Christi, Texas; and authorizing industrial district agreements with various property owners within the industrial districts in San Patricio County; and declaring an emergency. Attachments: Agenda Memo - ID 5 6 7 Creation Ordinance - ID 5 6 7 Creation (rev w save -except on pg 5 of 5) Presentation - ID 5 6 7 Creation 33. 19-0577 One -Reading Ordinance - La Quinta Corridor Annexation City of Corpus Christi Page 12 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Ordinance annexing for full purpose up to 1,500 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city to include said hereinafter described property within said city limits; adopting a service plan; and declaring an emergency. Attachments: Agenda Memo - La Quinta Ordinance - La Quinta Presentation - La Quinta Corridor Annexation 34. 19-0578 One -Reading Ordinance - Annexation of Up to 5,700 Acres Along the North Side of Corpus Christi Bay Ordinance annexing for full purpose up to 5,700 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city to include said hereinafter described property within said city limits; adopting a service plan; and declaring an emergency. Attachments: Agenda Memo - Northside CC Bay Annexation Ordinance - Northside CC Bay Presentation - North Side CC Bay Annexation P. FIRST READING ORDINANCES: (NONE) 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. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. EXECUTIVE SESSION: (ITEMS 35 - 36) 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 City of Corpus Christi Page 13 Printed on 5/20/2019 City Council Meeting Agenda - Final May 21, 2019 Closed Meeting in compliance with Chapter 551 the Texas Government Code. 35. 19-0725 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 collective bargaining matters in the Agreement(s) with the Corpus Christi Police Officers' Association and the Corpus Christi Professional Firefighters' Association. 36. 19-0733 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 annexation, disannexation, cession agreements for extraterritorial jurisdiction, apportionment of extra -territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities (including, but not limited to proposed Gulf Coast Growth Ventures' chemical manufacturing facility in San Patricio County, Texas, proposed fractionator and related facilities in Nueces County, economic development agreements relating to property currently or formerly owned by Voestelpine, Corpus Christi Liquefaction, LLC, and other entities and existing and proposed industrial facilities in San Patricio County and Nueces County) that are and/or will be consumers of water and/or wastewater services and connections to the Mary Rhodes Pipeline for facilities to supply water thereto, potential legislation currently being considered in the Texas Legislature related to annexation and other issues, potential annexation of up to 326 acres of extraterritorial jurisdiction that be ceded by the City of Gregory and potential service plans and actions related thereto, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). T. 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. U. ADJOURNMENT City of Corpus Christi Page 14 Printed on 5/20/2019 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 14, 2019 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel gave the invocation. C. Pledge of Allegiance to the Flag of the United States and the Texas Flag to be led by RudyTejano Pena, United States Navy, Retired, Tejano Cultural Historian. Mr. RudyTejano Pena led the Pledge of Allegiance to the flag the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. 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. City of Corpus Christi Page 1 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Present: 8 - Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Absent: 1 - Council Member Michael Hunter E. Proclamations / Commendations 1. Proclamation declaring May 16, 2019, "Dr. Hector P. Garcia and Dr. Clotilde P. Garcia, American GI Forum Chapters of Texas, 'Stand Up for Veterans', 8th Annual Scholarship Awards Banquet". Proclamation declaring May 13-19, 2019, "National Salvation Army Week". Proclamation declaring May 2019, "National Preservation Month". Proclamation declaring May 2019, " Navy Gold Star Awareness Month". Commendation for Kent Ullberg. Mayor McComb presented the proclamations and a commendation. 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. Mayor McComb referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. Alissa Magrum, Austin Texas, Executive Director of Colin's Hope, a non-profit organization focused on water safety awareness and drowning prevention, spoke regarding the mission of Colin's Hope and provided water safety cards to the City, challenging citizens to be water guardians by watching children around water and changing behaviors to be safer around water. Adam Carrington, 2949 Riverbend Court, spoke regarding the display of the Confederate flag at the Buc Days Parade and what the flag symbolizes. Gary Cornett, Commander of the A.M. Hobby Camp Sons of the Confederate Veterans, stated that the organization has had a float in the Buc Days parade for the last 10 years and displays the flag as a symbol to honor the heritage of their Confederate ancestors. John Medina, 4931 Mokry, spoke regarding the City's contract with the Interim Director of IT Peter Collins and the end of the City of Corpus Christi Page 2 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Q. grace period for delinquent utility accounts. Esteban Martinez, 1506 Daytona, spoke in support of Sons of the Confederate Veterans displaying the Confederate flag at the Buc Days parade to honor the history of the people who fought for the confederacy. Ali Bailey, 8119 Datapoint, San Antonio, Texas, Marketing Executive for Humana, invited the City Council to a pinning ceremony honoring the Vietnam Era Veterans on Thursday, May 23, 2019 at 6:00 p.m. at the Corpus Christi Hooks game. Mike Bavosa spoke regarding homelessness. Anissa Hernandez, 441 Lake Superior, spoke regarding: her mission to promote water safety and drowning prevention through Colin's Hope; advocated for citizens to act as water guardians; and informed the City Council of the Third Annual Swimraiser for Colin's Hope hosted by the Veterans Memorial High School Swimming and Diving Team. Gloria Scott, 4422 S. Alameda, spoke regarding the upcoming 2019 Juneteenth Freedom of Emancipation Celebration. Love Sanchez, 6130 Wooldridge, spoke regarding acts of discrimination in the City. Ray Madrigal de Pancho Villa, 4253 Dody, spoke regarding danger signs located at McGee Beach. Deanna King, 4040 Schanen, and Claude Axel, 741 Crestview, spoke regarding the display of the Confederate flag during the Buc Days parade. BRIEFINGS: (ITEM 33) 33. Seawater Desalination Siting and Permitting Project Mayor McComb deviated from the agenda and referred to Item 33. Water Resource Manager Steve Ramos stated that the purpose of this item is to provide an update on the seawater desalination siting and permitting project. Mr. Ramos introduced Nikolay Voutchkov, President of Water Globe Consultants, a consultant with Freese and Nichols, who presented the following information: the objectives of the update; overall goals and major tasks; a history of the project; major events and schedules; project definitions; the site selection process; screening steps; site selection updates; ongoing efforts; environmental surveys; outreach and key meetings; and next steps. Council members and Mr. Voutchkov discussed the following topics: the location of the four candidate sites; if an existing permit for a desalination plant with an industrial company that is out of business would prevent the City from receiving a permit in the Inner Harbor; the maximum capacity for the Inner Harbor; discharges; the possibility of creating effluent water; environmental impacts; the creation of a technical committee once a permit is in place; timing of the project; the number of desalination plants currently producing potable water in Texas; regulation by the Texas Commission on Environmental Quality (TCEQ); and if it is easier to build and operate a non -brackish plant. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: d. OTHER Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: 1) Interim City Manager Selman clarified misinformation provided by local media regarding the recent water release from Wesley Seale Dam. Wesley City of Corpus Christi Page 3 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Seale Dam has 60 gates and the City opened only one gate at 25% to release pass-through water. The City's objective is to protect lives and property; maintain the integrity of the dam; and to preserve the water in the reservoirs. 2) Personnel from the Office of Emergency Management will be in the City Hall atrium today until 3:00 p.m. to provide information regarding hurricane preparedness. 3) The Solid Waste Department collected 11 tons of waste before, during and after the Buc Days Parade. 4) Interim City Manager Selman recognized Employee of the Quarter Andrew Garcia, Code Enforcement Compliance Officer. a. UTILITY BILLING UPDATE Interim City Manager Selman introduced Interim IT Director Peter Collins who provided the following information regarding the City's lnfor Software and utility billing system: the Development Services portal; integration of the Bentley System; training manuals; and that the grace period for disconnects of utility bills ends May 31, 2019. Council members discussed the following topics: a council member requested an update on Choke Canyon; the progress on the meter transmission units (MTU) for gas and water; the use of Maximo software for preventative maintenance; and the number of delinquent accounts. b. COMPREHENSIVE ANNUAL FINANCIAL REPORT AUDIT RESULTS FOR 2018 Mark Sewell, RSM, stated that the purpose of this item is to provide the results of the audit conducted regarding the Comprehensive Annual Financial Report (CAFR) for 2018. Mr. Sewell presented the following information: an overview of the service team; a summary of the opinions regarding financial statements and federal and state compliance audits; reports on compliance with laws and regulations and internal control over financial reporting; internal control comments; federal and state compliance findings; required communications; and uncorrected and corrected adjustments. Council Member Smith, Chair of the Audit Committee, thanked the service team and the Financial Services Department for their work. c. CITY PERFORMANCE REPORT - COMMUNICATION DEPARTMENT Director of Communication Kim Womack provided a briefing on the Communication Department, including the mission statement, new features of the annual communication's report; baseline information; and key performance indicators. A council member discussed wait times regarding resolutions for utility billing. G. MINUTES: 2. Regular Meeting of April 30, 2019 and Joint Workshop with the Corpus Christi Business and Job Development Corporation of April 18, 2019. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Molina City of Corpus Christi Page 4 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 and passed unanimously. S. EXECUTIVE SESSION: (ITEMS 36 - 38) Mayor McComb deviated from the agenda and referred to the day's executive sessions. The Council went into executive session at 1:43 p.m. The Council returned from executive session at 3:27 p.m. 36. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Slough Road & County Road 7B and funding mechanisms related to the construction of Amertrane Drive and related infrastructure or legal actions related thereto and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of Slough Road & County Road 7B) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E -Session Item was discussed in executive session. 37. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of judge(s) of the Municipal Court. This E -Session Item was discussed in executive session. 38. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's contracts related to waste management, handling, and disposal and state and federal regulations related to landfill management, disposal of solid waste, and/or recycling, including but not limited to, the City's contracts with Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, and provisions related to mediation, arbitration, and termination of agreements for the aforementioned functions. This E -Session Item was discussed in executive session. M. RECESS FOR LUNCH The recess for lunch was held during executive session. H. BOARD & COMMITTEE APPOINTMENTS: City of Corpus Christi Page 5 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 3. Animal Care Advisory Committee Corpus Christi Commission on Children & Youth Mayor's Fitness Council Transportation Advisory Commission Mayor McComb referred to board and committee appointments. The following appointments were made: Animal Care Advisory Committee Council Member Garza made a motion to realign Sharon Ray from Community At -Large to Animal Welfare/Shelter, seconded by Council Member Molina and passed unanimously (Council Member Hunter — absent). Council Member Garza made a motion to reappoint Margaret R. Obregon (Community At -Large), seconded by Council Member Molina and passed unanimously (Council Member Hunter — absent). Council Member Garza nominated Juliana Carlisle (Community At -Large). Council Member Guajardo nominated Paulo Salazar (Community At -Large). Council Member Molina nominated Jarvis J. Amaya (Community At -Large). Juliana Carlisle (Community At -Large) and Paulo Salazar (Community At -Large) were appointed with Mayor McComb and Council Members Guajardo, Barrera, Garza, Smith, Roy and Hernandez voting for Juliana Carlisle; Mayor McComb and Council Members Guajardo, Barrera, Garza, Smith, Molina, Roy, and Hernandez voting for Paulo Salazar; and Council Member Molina voting for Jarvis J. Amaya (Council Member Hunter — absent). Council Member Garza made a motion to appoint Deborah Shores (Veterinarian), seconded by Council Member Hernandez and passed unanimously (Council Member Hunter — absent). Corpus Christi Commission on Children & Youth Council Member Barrera made a motion to reappoint Priscila Baldillez (At -Large) and Gilbert Z. Trevino (Youth Representative), seconded by Council Member Roy and passed unanimously (Council Member Hunter — absent). Council Member Molina made a motion to reinstate Melissa Hofstetter (Health & Human Services), seconded by Council Member Garza and passed unanimously (Council Member Hunter — absent). Council Member Molina made a motion to appoint Angelica Vela (At -Large) and Clarissa B. Mora (At -Large), seconded by Council Member Garza and passed unanimously (Council Member Hunter — absent). Council Member Barrera nominated Christina R. Harrison (Education). Council Member Roy nominated Kristen J. Ross (Education). Kristen J. Ross (Education) was appointed with Mayor McComb and Council Members Hernandez, Roy, Molina, and Smith voting for Kristen J. Ross and City of Corpus Christi Page 6 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Council Members Garza, Barrera, and Guajardo voting for Christina R. Harrison (Council Member Hunter — absent). Mayor's Fitness Council Mayor McComb made a motion to reappoint Rhonda Carlisle -Castillo (Senior Initiatives) and Misty Kesterson (Worksite Wellness) and to appoint Lynn Mutz (Community Outreach) and George W. Woods III (At -Large), seconded by Council Member Garza and passed unanimously (Council Member Hunter — absent). Transportation Advisory Commission Council Member Garza made a motion to reappoint Robert Saldana, seconded by Council Member Guajardo and passed unanimously (Council Member Hunter — absent). Council Member Molina nominated Jeffrey Pollack (Bicycle Community Representative). Council Member Hernandez nominated Judy A. Telge (Bicycle Community Representative). Jeffrey Pollack (Bicycle Community Representative) was appointed with Council Members Smith, Molina, Guajardo, Barrera, and Garza voting for Jeffrey Pollack and Mayor McComb and Council Members Roy and Hernandez voting for Judy A. Telge (Council Member Hunter — absent). Council Member Molina made a motion to appoint Judy A. Telge, Brandon W. Herridge and Jonathan W. Aman, seconded by Council Member Garza and passed unanimously (Council Member Hunter — absent). I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 5) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council. Michael Bridges, 4534 Oso Parkway, spoke regarding Item 5, an ordinance declaring City property as surplus and permitting its sale to the public, and requested that the City Council reduce the minimum bid for the property. Council Member Guajardo made a motion to approve the Consent Agenda, seconded by Council Member Garza. The consent agenda items were passed and approved by one vote as follows: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter City of Corpus Christi Page 7 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Abstained: 0 4. Second Reading Ordinance - Alley Closure between Gulfbreeze Boulevard and Surfside Boulevard (1st Reading 4/30/19) Ordinance closing, abandoning and vacating of a section of the 20 -foot -wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition and Lot 2R, Block 27, Brooklyn Addition, requiring petitioner, Carrie Robertson Meyer, to comply with specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031757 5. Second Reading Ordinance - Declaring City Property as Surplus and Permitting its Sale to the Public (1st Reading 4/30/19) Ordinance declaring City owned land at 4830 Williams Drive as surplus property; authorizing its sale to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031758 L. FUTURE AGENDA ITEMS: (ITEMS 6 - 20) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff did not have planned presentations. A council member requested information on Items 10, 13, and 20. 6. Service Agreement for Dispatch and Lot Management System Software for Impound and Rotation Tows Motion authorizing a five-year service agreement for Dispatch and Lot Management System software for impound and rotation tows with UR International, Inc. of Sugar Land, Texas for a total amount not to exceed $135,000. This Motion was recommended to the consent agenda. 7. Resolution Authorizing an Interlocal Cooperation Agreement for Radio System Consulting Services for Police Department Resolution authorizing an interlocal cooperation agreement with the Regional Transportation Authority and Nueces County to provide payment to Trott Communications for radio system consulting services. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 8 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 8. Radio System Consulting Services for Police Department Motion authorizing a two-year service agreement for radio system consulting with Trott Communications Group, Inc. of Irving, Texas for a total amount not to exceed $129,010. This Motion was recommended to the consent agenda. 9. Supply Agreement for Automotive Paris for the Fire Department Motion authorizing a three-year supply agreement for automotive parts with Advance Stores Company of Raleigh, North Carolina via U.S. Communities cooperative for an amount not to exceed $105,000. This Motion was recommended to the consent agenda. 10. Construction Contract for HEB Tennis Center Improvements (Bond 2012, Proposition 4) Motion to authorize execution of a construction contract with D&SS Construction, Inc., of Corpus Christi, Texas in the amount of $558,527.21 for the Base Bid and Additive Alternate No. 1 for the HEB Tennis Center Improvements project. This Motion was recommended to the consent agenda. 11. Professional Services Contract Amendment No. 4 for the Central Library Roof Replacement (Bond 2012 and Bond 2018) Motion authorizing the City Manager, or designee, to execute professional services contract Amendment No. 4 with Solka, Nava, Torno, LLC, of Corpus Christi, Texas, in the amount of $75,740 for a total restated fee of $125,030 for Central Library Roof Replacement project. This Motion was recommended to the consent agenda. 12. Amendment No. 1 for the Laguna Madre Wastewater Treatment Plant Rehabilitation Project Motion to authorize execution of Amendment No. 1 to a contract for professional services with Urban Engineering of Corpus Christi, Texas in the amount of $392,210 for a total restated fee of $419,070 for the Laguna Madre Wastewater Treatment Plant Rehabilitation project. This Motion was recommended to the consent agenda. 13. Construction Contract for City-wide Wastewater Indefinite Delivery/Indefinite Quantity (IDIQ) Program 2019 City of Corpus Christi Page 9 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Motion to authorize execution of an IDIQ construction contract with PM Construction & Rehab LLC, dba IPR South Central of Pasadena, Texas in the amount of $10,000,000 per year for a total not to exceed $30,000,000 in three years for the City -Wide Wastewater IDIQ 2019 project for base bid plus additive alternate No. 1. This is a one (1) year base contract with two (2) one-year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. This Motion was recommended to the consent agenda. 14. Resolution authorizing an Interlocal Cooperation Agreement for Water Line Improvements Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District (SPMWD) for the City to accept approximately 3,600 linear feet (LF) of water pipeline constructed by SPMWD, and to pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 linear feet of fiber-optic cable for the City's future water distribution development. This Resolution was recommended to the consent agenda. 15. Resolution authorizing a Supply Agreement for the purchase of scientific water lab testing reagents and consumables Resolution authorizing a five-year supply agreement for the purchase of scientific water lab testing reagents and consumables with IDEXX Distribution, Inc. of Westbrook, Maine for an amount not to exceed $332,411. This Resolution was recommended to the consent agenda. 16. Supply Agreement for the purchase of liquid chlorine for O.N. Stevens Water Treatment Plant Motion authorizing a two-year supply agreement for the purchase of liquid chlorine 1 -ton cylinders from DPC Industries, Inc. of Houston, Texas for a total amount not to exceed $102,000. This Motion was recommended to the consent agenda. 17. Resolution authorizing the purchase of trailer mounted manhole rehabilitation equipment Resolution authorizing the purchase of trailer mounted manhole City of Corpus Christi Page 10 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 rehabilitation equipment from Action Products Marketing Corp, of Johnston, Iowa fora total amount not to exceed $131,160. This Resolution was recommended to the consent agenda. 18. Service Agreement for Welding Services for Asset Management Motion authorizing a three-year service agreement for welding services with Carrillo's Welding Services, of Corpus Christi, Texas, for an amount not to exceed $228,000. This Motion was recommended to the consent agenda. 19. Service Agreement for the Lease Purchase of Articulating Boom Lift for Corpus Christi International Airport (CCIA) Motion authorizing a three-year service agreement with All Around Access LLC of Naples, Florida for the lease purchase of an articulating boom lift including a three-year extended warranty service for a total amount not to exceed $99,889.59. This Motion was recommended to the consent agenda. 20. Resolution suspending the date of AEP Texas Inc.'s requested rate change Resolution of the City of Corpus Christi, Texas suspending the June 5, 2019 effective date of AEP Texas Inc.'s requested rate change to permit time to study the request and to establish reasonable rates; approving cooperation with the cities served by AEP Texas and authorizing intervention proceedings before the Public Utility Commission; hiring attorneys and consulting services; and requiring reimbursement of cities' rate case expenses. This Resolution was recommended to the consent agenda. N. PUBLIC HEARINGS: (ITEMS 21 - 22) 21. Public Hearing and First Reading Ordinance - Zoning for a Property located at or near 0 County Road 33. Case No. 0419-02 Braselton Development Company, Ltd: Request for zoning a property at or near 0 County Road 33 that is currently being annexed into the City of Corpus Christi to the "RS -4.5" Single -Family 4.5 District. Planning Commission and Staff Recommendation (April 17, 2019): Approval of the zoning to the "RS -4.5" Single -Family 4.5 District. City of Corpus Christi Page 11 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Ordinance rezoning property at or near 0 County Road 33 to the "RS -4.5" Single -Family 4.5 District. Mayor McComb referred to Item 21. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of single-family homes. Ms. Nixon -Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. A council member asked if gas would be provided to the subject property. Bart Braselton, Braselton Homes, stated that he would appreciate gas service to the area. Director of Planning Daniel McGinn stated that gas service could be run down through County Road 43. Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 22. Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment for the Regional Parkway Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adding the Regional Parkway, located between Park Road 22 and State Highway 286, with a designation of RA3 Primary Rural Arterial. Mayor McComb referred to Item 22. Senior City Planner Annika Yankee stated that the purpose of this item is to amend the Urban Transportation Plan by adding an alignment for the Regional Parkway, located between State Highway 826 and Park Road 22. Ms. Yankee presented the following information: an overview of the 2013 study of the Regional Parkway Mobility Corridor; the purpose and need for a regional parkway; potential vision; the City's plan amendment; and that the amendment was approved by the Metropolitan Planning Organization (MPO); the Transportation Advisory Commission, and Planning Commission. Council members and Ms. Yankee discussed the following topics: the environmental impact, specifically wetlands in the area; outreach to the Coastal Bend Audubon Society; if the environmental study includes the Rodd Field Road extension; that according to the MPO's Transportation Plan, Rodd Field Road, along with Segment B, is not currently funded, however is in their long-range plan ranging from 2027 to 2040; bike lanes; and if the King Ranch was consulted on the amendment. City of Corpus Christi Page 12 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 O. REGULAR AGENDA: (ITEMS 23 - 26) 23. Resolution Approving Settlement Agreement with BFI/Republic and Amendments to Landfill Services Agreement to Terminate Contract on December 31, 2019 Resolution approving contracts with Cefe Landfill TX, LP ("Operator"), and BFI Waste Services of Texas, LP ("BFI/Republic"); authorizing execution of a settlement agreement between City, Operator, and BFI/Republic; and authorizing amendments to the landfill services agreement with operator and to the waste disposal agreement with BFI/Republic to provide for termination of both agreements. Mayor McComb referred to Item 23 and requested that this item be tabled to allow the new City Manager an opportunity to review. Council Member Barrera made a motion to table the item to June 11, 2019, seconded by Council Member Garza. This Item was tabled with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 H. BOARD & COMMITTEE APPOINTMENTS: 3. Animal Care Advisory Committee Corpus Christi Commission on Children & Youth Mayor's Fitness Council Transportation Advisory Commission Mayor McComb deviated from the agenda and returned to Item 3, board and committee appointments. City Secretary Rebecca L. Huerta announced that Angelica Vela, previously appointed to the Corpus Christi Commission on City of Corpus Christi Page 13 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Children & Youth, is moving out of the City and will not accept her appointment. Council Member Molina made a motion to reconsider the appointment of Angelina Vela, seconded by Council Member Guajardo and passed unanimously (Council Member Hunter - absent). Corpus Christi Commission on Children & Youth Council Member Barrera nominated Christina R. Harrison (At -Large) and Ms. Harrison was appointed by acclamation (Council Member Hunter - absent). O. REGULAR AGENDA: (ITEMS 24 - 26) Mayor McComb referred to Items 24 and 25. There were no comments from the Council or the public. Council Member Guajardo made a motion to approve Items 24 and 25, seconded by Council Member Barrera. These items were passed and approved with one vote. 24. Resolution Authorizing Agricultural Development Agreements in Lieu of Annexation in the Area North of Corpus Christi Bay Resolution authorizing an Agricultural Development Agreement with owners of property within the City's proposed annexation of 1,500 acres of land and proposed annexation of 5,700 acres of land. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 031759 25. One Reading Ordinance - Appropriation of Funds for IT Purchases Ordinance appropriating $1,835,000 from Reserved for Major Contingencies balance in General Fund No. 1020 and transferring to and appropriating in the Information Technology Operating Fund No. 5210 for City infrastructure hardware, software, IT services, security, and licenses; amending the operating budget; and declaring an emergency. This Ordinance was passed on emergency and approved with the following vote: City of Corpus Christi Page 14 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 031760 26. Discussion with possible action regarding the process for City Charter Review. Mayor McComb referred to Item 26. City Secretary Rebecca L. Huerta stated that the purpose of this item is to discuss the process for reviewing the City Charter. In January 2019, a council member requested an agenda item to begin discussing the creation of a Charter Review Commission. City Secretary Huerta presented the following information: background regarding the November 4, 2016 Charter Amendment Election and the 2008-2009 Charter Review Ad Hoc Committee; that the City Charter cannot be amended more often than every two years, 730 days; that the first available election date is November 2019; that historically, the committee review has taken approximately 10 to 12 months; pros and cons of uniform election dates in 2019 or 2020; and discussion topics for City Council input: who would lead the review, the proposal process, council action or create a committee, the process to appoint committee members, if desired, scope of the review, and the target election date. Council members and City Secretary Huerta discussed the following topics: changing the city council terms to staggered, four-year terms; Council involvement in the process; November 2019 as the target election date; limiting the scope of the review; reviewing city council compensation; the timeframe for ordering a November 2019 election; the pros and cons of council action versus creating a committee; the lawsuit regarding the current electoral system and possible legal issues if changes were made to the system; if the courts would rule before or after a Charter amendment was voter -approved; changing the seawall funding to street funding; if the City could petition the court that the intent of the lawsuit is fulfilled; concern with rushing to complete the Charter review for the November 2019 election; the process to appoint committee members; the police collective bargaining referendum; and the cost of an election held in November 2019. Council Member Molina made a motion to form a charter review committee to discuss the Charter review, with a focus on extending city council terms to four years, city council compensation, and miscellaneous housekeeping items, with a target election date of November 2019, seconded by Council Member Smith. There was a consensus of the Council to have each council member nominate an individual to the committee, appointed by the Mayor and that the Mayor would appoint the Chairperson. This Motion was passed and approved with the following vote: City of Corpus Christi Page 15 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2019-068 P. FIRST READING ORDINANCES: (ITEMS 27 - 32) Mayor McComb referred to First Reading Ordinances. There were no comments from the public. A council member requested that Item 27 be pulled for individual consideration. Council Member Guajardo made a motion to approve Items 28 — 32, seconded by Council Member Barrera. These Ordinances were passed on first reading and approved with one vote. 28. First Reading Ordinance - Appropriating funds for a Construction Contract for Slough Road (Rodd Field Road to Amethyst Drive) (Type B) Ordinance appropriating $154,430.54 and authorizing execution of a construction contract with Max Underground Construction, LLC of Corpus Christi in the amount of $5,400,889.65 for base bid plus Additive Alternatives No. 1, 2 and 3 for Slough Road (Rodd Field Road to Amethyst Drive) Improvement Project. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 29. First Reading Ordinance - Authorizing a Professional Services Project contract for the Restoration of SEA District Water Features Project Ordinance amending the FY 2019 Capital Improvement Program budget to increase the year one budget for Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 16 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 30. First Reading Ordinance - Partial easement closure for property located at 10329 Creek Bottom Drive Ordinance abandoning and vacating a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22, Block 4, Maple Hills Unit 7, Phase One, located at 10329 Creek Bottom Drive. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 31. First Reading Ordinance - Authorizing Lease Amendment No. 7 to Lease Agreement for Office Space at the Airport for the Transportation Security Administration (TSA) Ordinance authorizing Lease Amendment No. 7 to the lease agreement between the City and the U.S. General Services Administration for use of terminal office space at Corpus Christi International Airport by the Transportation Security Administration from March 1, 2019, through February 29, 2024, for minimum annual rent of $400,345.91; ratifying prior lease amendments; and modifying necessary provisions of the lease. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 32. First Reading Ordinance - Appointing Municipal Court Judges Ordinance appointing Julianna Siracusa Rivera as a full-time Municipal City of Corpus Christi Page 17 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing William Gregory "Bill" Bonilla as a part-time judge of the Municipal Court of Record in the City of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 27. First Reading Ordinance - Annexation of 161.56 acres in the London Area Ordinance annexing for full purpose approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city so as to include said hereinafter described property within said city limits, and granting to all the inhabitants of said property all the rights and privileges of other citizens and binding said inhabitants by all of the acts, ordinances, resolutions, and regulations of said city; and adopting a service plan. Mayor McComb referred to Item 27, annexation of 161.56 acres in the London Area. Interim City Manager Keith Selman stated that there is an issue regarding access from County Road 33 to the subdivision to ensure that the roadway can handle City emergency and service vehicles. Staff is recommending approval of this item. The City has 90 days to give the developer an opportunity to work through the roadway issue and come back with recommendations on how the subdivision will be accessed. Director of Planning and ESI Daniel McGinn responded to questions. Council members and staff discussed the following topics: the condition of County Road 33; the similarities between County Road 33 and Slough Road; the cost to improve Slough Road; the cost to developers for delaying the annexation for 90 days; the creation of a policy regarding public improvement districts (PID) or municipal utility districts (MUD) to pay for infrastructure; and that Slough Road is being paid for by developer trust funds, Type B and bond funds. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith City of Corpus Christi Page 18 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 Absent: 1 - Council Member Hunter Abstained: 0 Q. BRIEFINGS: (ITEMS 34 - 35) 34. Review and Discussion on Financial Budgetary Policies Mayor McComb referred to Item 34. Director of Management and Budget Eddie Houlihan provided an overview of the changes recommended to the Financial Budgetary Policies during the March 28, 2019 budget workshop. Council members and staff discussed the following topics: the Texas Municipal Retirement System (TMRS) updated service credits and cost of living adjustments; zero -based budgeting; clarity regarding contingency funds; if the fund balances need a 5% contingency; amendments to the budget and how transfers are done; funding levels dedicated to streets; that reducing reserves would have an effect on the City's bond rating; that reserves were used during the recent Hurricane Harvey event; moving Engineering from the Internal Services Fund to the General Fund; and incorporating state legislative changes into Section 6. Property Tax Rate for Operations and Maintenance after the legislative session. 35. Public Improvement Districts (PIDs) and Municipal Utility Districts (MUDs) Mayor McComb referred to Item 35. Senior City Planner Keren Costanzo stated that the purpose of this item is to discuss Public Improvement Districts (PID) and Municipal Utility Districts (MUD). The presentation team included: Director of Planning and ESI Daniel McGinn and Director of Development Services Nina Nixon -Mendez. Ms. Costanzo presented the following information: Texas Infrastructure Financing Options; a PID and MUD comparison; the PID process; risks associated with PIDs; PID policy components; and an example of a PID in Deep Ellum, Dallas. Ms. Nixon -Mendez provided a review of a case study of a PID established by a county to fund road improvements in Bexar County. Council members and the presentation team discussed the following topics: creation of a policy to fund infrastructure in the City's extraterritorial jurisdiction (ETJ), requiring that a petition for annexation be included at the end of the PID's lifespan; and legislation related to annexation. Council Member Hernandez made a motion directing the City Manager to create a policy regarding PIDs and MUDs, with specific requirements for a petition for annexation within the ETJ, at the end of the district's life span. Council members and staff discussed the following: that the City can create a PID within the ETJ; if bonds are tax exempt; the mechanisms used to determine assessed values; the entity responsible for collecting and enforcement ad valorem; data regarding the success of PIDs and MUDs; challenges with funding police and fire services; if the City Council wants to continue to encourage southward growth; putting tools in place to encourage redevelopment of older areas of the City; and the difference between MUDs and PIDs. City of Corpus Christi Page 19 Printed on 5/17/2019 City Council Meeting Minutes May 14, 2019 MOTION OF DIRECTION Council Member Hernandez made a motion directing the City Manager to create a policy regarding PIDs, with specific requirements for a petition for annexation within the ETJ, at the end of the districts life span, seconded by Council Member Smith. The motion of direction was passed and approved with the following vote: Council Members Molina, Roy, Smith, Garza, Guajardo, Hernandez voting "Aye"; Mayor McComb and Council Member Barrera voting "No" (Council Member Hunter - absent). R. LEGISLATIVE UPDATE: None. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 6:46 p.m. City of Corpus Christi Page 20 Printed on 5/17/2019 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema c@cctexas.com 886-2603 Kim Baker, Director of the Contracts and Procurement Department Kimb2@cctexas.com 826-3169 Dispatch and Lot Management System Software for Impound and Rotation Tows CAPTION: Motion authorizing a five-year service agreement for Dispatch and Lot Management System software for impound and rotation tows with UR International, Inc. of Sugar Land, Texas for a total amount not to exceed $135,000. PURPOSE: To approve a five-year service agreement for dispatch and lot management system software to manage the City's vehicle impound lot and towing services. BACKGROUND AND FINDINGS: The City entered into a 6 -month contract with UR International in August of 2017 for the implementation of the Dispatch and Lot Management Solution software for the City Vehicle Impound Lot in the amount of $31,000. The first -year's software license, maintenance, and support were paid with the initial purchase order. Upon expiration of the contract in March of 2018, the department continued using the services. Total expenditures to date with UR International for related services have exceeded $50,000; therefore, per policy, a new five-year service agreement was developed for approval. Future years license renewal, maintenance, and support will be paid for through a cost per vehicle tow of $3.00 for City tows and $0.50 for private tows. The number of vehicles towed to the City's impound lot annually is estimated at about 14,000 with an average cost of approximately $27,000 per year. This Dispatch Lot Management System software will be purchased through the Houston - Galveston Area Council (HGAC) cooperative. Contracts awarded through HGAC have been competitively procured and are in compliance with Texas local and state procurement requirements 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: Police Department FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $1,009,202.00 $108,000.00 $1,117,202.00 Encumbered / Expended Amount $446,587.80 $0.00 $446,587.80 This item $27,000.00 $108,000.00 $135,000.00 BALANCE $535,614.20 $0.00 $535,614.20 Funding Detail: Fund: 1020 General Fd Organization/Activity: 11770 Vehicle Pound Operation Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement 68061 Price List SERVICE AGREEMENT NO. 68061 Dispatch and Lot Management System Software for Impound and Rotation Tows THIS Dispatch and Lot Management System Software for Impound and Rotation Tows Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and UR International, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Dispatch and Lot Management System Software for Impound and Rotation Tows in response to Request for Bid/Proposal No. HGAC PE05-17 ("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 Dispatch and Lot Management System Software for Impound and Rotation Tows ("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 five years, 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 -year 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. This Agreement is for an amount not to exceed $135,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Police Department Phone: 361-886-2696 email: Pat@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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St. Corpus Christi, TX 78401 Phone: 361-886-2696 Fax: 361-886-2607 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: UR International, Inc. Attn: Upendra Sahu Title: President Address: 12551 Emily Ct., Sugar Land, TX 77478 Phone: (281) 989-4411 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, 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR Signature: Printed Name: 01' E ND/a S #i -IL) Title: I ° C " ' 0Q -0r fr Date: "-V 9 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. HGAC PE05-17 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK Contractor shall provide Dispatch and Lot Management System (DLMS) software maintenance and support, as well as annual license renewal, for vehicle tows including private tows, city impounds and other tows directed to the City impound lot. DLMS should enable users to efficiently process and track dispatch, towing, ticketing, storage and disposition of vehicles within a jurisdiction through a combination of GPS, Web and App based technologies while providing information to citizens on towed vehicles within a jurisdiction. Page 1 of 1 RFQ Revised 1.3.2018 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, Frei • ht Included, on the followin • : 5 YR $24,000.00 $120,000.00 Impound Tows Rotation Tows 5 YR $3,000.00 $15,000.00 HGBuy BoardContract# PE05-17 HGCA CA Vendor# 1733 ■-_ $135,000.00 Note: Amounts listed above are estimates and subject to change. Actual totals expected to vary. Initials 7� COMPANY: UR International Inc NAME OF PERSON AUTHORIZED TO SIGN: Upendra Sahu ADDRESS: 12551 Emily Ct. CITY / STATE/ZIP: Sugar Land, TX 77478 PHONE: 1-281-989-4411 FAX: None EMAIL: upendra.sahu@urinternational.com DATE: �7/)-0 1 TITLE: President THE CRY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 1 of 1 RF(l Pavitnri 1 R9mR ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS Insurance Requirements: Insurance is not required; therefore, Section 5(A) is void for this Service Agreement. Bond Requirements: No bond requirements necessary for this Service Agreement; therefore, Section 5(B) is null for this Service Agreement. ATTACHMENT D: WARRANTY REQUIREMENTS Warranty Requirements: Sections 8(A) and 8(B) are null to this Service Agreement. PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION SR. BUYER: JOHN ELIZONDO 5 -Year Service Agreement - Dispatch and Lot Management System Software for Impound and Rotation Tows UR (international, Inc. Sugar Land, Texas ITEM DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE 1. Impound Tows at an average of 8,000 Tows/Yr. Year 5 $24,000 2. Rotation Tows at an average of 6,000 Tows/Yr. Year 5 $3,000 Total Price $120,000 $15,000 $135,000 AGENDA MEMORANDUM Future Item for the City Council Meeting 05/14/2019 Action Item for the City Council Meeting 05/21/2019 DATE: May 6, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema(ccctexas.com 361-886-2603 Interlocal Cooperation Agreement between City of Corpus Christi, Nueces County, and Regional Transportation Authority for radio system consulting services for Police CAPTION: Resolution authorizing an interlocal cooperation agreement with the Regional Transportation Authority and Nueces County to provide payment to Trott Communications for radio system consulting services. PURPOSE: The City, RTA, and County wish to divide the costs of the public safety radio consultant evenly amount the entities. BACKGROUND AND FINDINGS: The City, RTA, and County are parties to an interlocal Cooperation Agreement established in 1991 and amended in 1994 providing for the development and operation of an advanced 800 MHz public safety trunked radio system. Following the 2018 Bond approval, the City, Nueces County and CCRTA agreed to enter into an Interlocal Agreement to fund the purchase of a new public safety communications system. The existing Harris EDACS radio system is approaching end -of -life with limited manufacturer support available. Support will become increasingly more difficult by 2020, with heavy reliance on used and salvaged spare parts. Therefore, it will be necessary to migrate to a new radio system platform to ensure availability of reliable public safety radio communications. The Contracts and Procurement Department conducted a competitive Request for Proposal process to obtain proposals from qualified firms to provide radio system consulting and support services for the procurement and implementation phases of a P25 trunked radio system. Based on the final scores and ranking, Trott Communications Group, Inc. is recommended for award in the amount of $129,010. The City, RTA and County, each being owners of the radio system, agree to divide the costs evenly among the entities as listed below: RTA $43,003.33 Nueces County $43,003.33 City of Corpus Christi $43,003.34 The RTA has signed the agreement and Nueces County Commissioners Court will consider for action on May 22. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $129,010 0 $129,010 BALANCE Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826000S Mission Element: 151 Respond to Calls for law enforcement services Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement Resolution Authorizing an Interlocal Cooperation Agreement with the Regional Transportation Authority and Nueces County to provide payment to Trott Communications for Radio System Consulting Services. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an interlocal cooperation agreement between the City of Corpus Christi, the Regional Transportation Authority, and Nueces County providing for the payment of Trott Communications as the public safety radio consultant; and also authorizing $43,003.33 as payment for the city's contribution. 2 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORTATION AUTHORITY AND COUNTY OF NUECES RADIO SYSTEM CONSULTING SERVICES FOR POLICE This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of Corpus Christi, Texas ("City"), a Texas home -rule municipal corporation, the Regional Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the City of Driscoll, Texas ("Driscoll"), a Texas general law city, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the radio system evaluation committee has selected Trott Communications to serve as the public safety radio consultant. WHEREAS, the City, RTA and County wish to divide the costs evenly among the entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRASNPORTATION AUTHORITY AND THE COUNTY OF NUECES: 1. SCOPE OF WORK. The City, RTA and County agree to joint partners for the payment of Trott Communications as part of their role as public safety radio system consultant. 2. RTA PARTICIPATION. The RTA agrees to pay Trott Communications in the amount of $43,003.33 for its part of the Professional Services Agreement. 3. CITY PARTICIPATION. The City agrees to pay Trott Communications in the amount of $43,003.34 for its part of the Professional Services Agreement. 4. COUNTY PARTICIPATION. The County agrees to pay Trott Communications in the amount of $43,003.33 for its part of the Professional Services Agreement. 5. PERIOD OF PERFORMANCE. This agreement shall continue until such time as the work outlined in the RFP, including its exhibits and addendums has been completed. 6. PAYMENTS. Any payment made by the City, RTA, or County for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such paries as required by the Interlocal Cooperation Act. All funding obligations of the RTA, City, and County under this agreement are subject to the appropriation funds by each entity in its annual budget. 7. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address states below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. CITY: COUNTY: RTA: Keith Selman, Interim City Manager 1201 Leopard Street Corpus Christi, Texas 78401 With a copy to: Mike Markle, Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78401 Barbara Canales, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 Jorge Cruz-Aedo, Chief Executive Officer Regional Transportation authority 602 North Staples Corpus Christi, Texas 78401 8. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to his agreement, to extend deadlines or minor changes in the scope of work. 9. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent by applicable law. The City, County, and RTA agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 11. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 12. INTERLOCAL COOPERATION ACT. This agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY By: Name: Jorge Cruz-Aedo Title: Chief Executive Officer Date: COUNTY OF NUECES By: Name: Barbara Canales Title: County Judge Date: CITY OF CORPUS CHRISTI ATTEST Rebecca Huerta City Secretary By: Samuel Keith Selman City Manager APPROVED AS TO FORM: This day of 2019 Gabriel A. Rodriguez, Assistant City Attorney For City Attorney AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com (361) 886-2603 Peter Collins, Interim Director of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement Department Kimb2@cctexas.com (361) 826-3169 Radio System Consulting Services for Police CAPTION: Motion authorizing a two-year service agreement for radio system consulting with Trott Communications Group, Inc. of Irving, Texas for a total amount not to exceed $129,010. PURPOSE: To approve a two-year service agreement for radio system consulting services for the Police Department. BACKGROUND AND FINDINGS: Following the 2018 Bond approval, the City, Nueces County and CCRTA agreed to enter into an Interlocal Agreement to fund the purchase of a new public safety communications system. The existing Harris EDACS radio system is approaching end -of -life with limited manufacturer support available. Support will become increasingly more difficult by 2020, with heavy reliance on used and salvaged spare parts. Therefore, it will be necessary to migrate to a new radio system platform to ensure availability of reliable public safety radio communications. The Contracts and Procurement Department conducted a competitive Request for Proposal process to obtain proposals from qualified firms to provide radio system consulting and support services for the procurement and implementation phases of a P25 trunked radio system. On February 28, 2019 ten proposals were received, and all ten proposals met the minimum qualifications under the pass/fail system as evaluated by a six -member evaluation committee. After the committee evaluated the technical aspects of the proposals, the four highest ranking proposers moved on to the interview phase of the evaluation process, and a final overall score was developed for each firm based on the published criteria. Based on the final scores and ranking, Trott Communications Group, Inc. is recommended for award by Staff. 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: Police Department Information Technology FINANCIAL IMPACT: EI Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $779,501.28 $69,090.00 $848,591.28 Encumbered / Expended Amount $378,518.64 $0.00 $378,518.64 This item $59,920.00 $69,090.00 $129,010.00 BALANCE $341,062.64 $0.00 $341,062.64 Funding Detail: Fund: 1074 LawEnforce Trust Organization/Activity: 826000S Law Enforcement Trust -State Mission Element: 151 Respond to Calls for Law Enforcement Services Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement 2014 Evaluation Matrix SERVICE AGREEMENT NO. 2014 Radio System Consulting Services for Police THIS Radio System Consulting Services for Police Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Trott Communications Group, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Radio System Consulting Services for Police in response to Request for Bid/Proposal No. 2014 ("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 Radio System Consulting Services for Police ("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 two years, 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 -year 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. This Agreement is for an amount not to exceed $129,010.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Pat Eldridge Department: Police Phone: (361)886-2696 Email: Pat©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 COT 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 that 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. Service Agreement Standard Form Page 2 of 7 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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. Service Agreement Standard Form Page 3 of 7 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St., Corpus Christ, TX 78401 Phone: (361) 886-2696 Fax: (361) 886-2607 Service Agreement Standard Form Page 4 of 7 IF TO CONTRACTOR: Trott Communications Group, Inc. Attn: Keith Whitt Title: V.P. of Consulting Services Address: 1303 W. Walnut Hill Ln., #300, Irving, TX 75038 Phone: 972-518-1811 Fax: 972-518-1969 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, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 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 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. 2014 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Attachment A - Scope of Work 1.1. Background Information The existing Harris EDACS radio system is approaching end -of -life with limited manufacturer support available. Support will become increasingly more difficult by 2020, with heavy reliance on used and salvaged spare parts. Therefore, it will be necessary to migrate to a new radio system platform to ensure availability of reliable public safety radio communications. 1.2. General Requirements Contractor must develop requirements and provide support services for the procurement and implementation phases of a P25 trunked radio system upgrade as outlined in the following Scope of Work. The Contractor cannot participate as a team member of the firms that compete for the radio systems replacement. 1.3. Scope of Work Phase 1 Procurement Phase of a radio system upgrade: A. Requirements Development: Develop and document the detailed requirements for the system upgrade. The requirements development process will include an analysis of coverage requirements, bandwidth requirements, interoperability requirements, structural analysis of radio sites, survey existing radio sites, survey switch location and other relevant system features and functions. The site surveys shall include power requirements, generators, grounding, lightning protection, physical security and backhaul. The Contractor shall work with City staff to review existing upgrade plans and previous upgrade proposals, and shall meet with key staff members to further discuss and document the desired upgrade approach and timeline. The overall system upgrade requirements will be compiled into a System Upgrade Requirements document for review and approval by the City of Corpus Christi. B. Assistance with the scope of the Request for Proposal (RFP) for the Radio System Preparation: Contractor shall assist with the preparation of the technical portions for a Request for Proposal. The RFP will be utilized to solicit system proposals from qualified suppliers of public safety radio systems. C. Procurement Support: After public release of the RFP, the Contractor must provide ongoing support for the procurement effort which include the following: 1. Assist with the Response to RFP questions. 2. Pre -proposal conference coordination and participation. 3. Assist with the review and evaluation of the proposals. 4. Provide technical guidance for proposal evaluation team. 5. Provide technical support and representation during development of the system. Page 1 of 2 1.4. Scope of Work Phase 11 Implementation Phase of a radio system upgrade: A. Implementation: After selection of the radio system provider and execution of a contract, the Contractor must provide technical representation and support to the City throughout the implementation process. The City will provide oversight. B. Tasks include: 1. Participation in scheduled project status conferences 2. Onsite participation in the design review meeting 3. Review options for backhaul system expansion 4. Support contract change orders (if needed) 5. Participation in equipment staging inspections and testing at the Radio System Provider's designated staging facility. 6. Support for interoperability planning 7. Review of project milestones for completeness 8. Inspection and commissioning of equipment installations 9. Work with Radio System Provider to develop final System Acceptance Test Plans based on all requirements. 10. Participation in System Acceptance Testing 11. Work with Radio System Provider to develop final system cutover plan 12.Onsite support of system cutover 13. Identification of punch -list items to be completed prior to final acceptance 14.Technical support for project closeout C. Timeline: The City will set timelines for the scope of work to ensure the work is on schedule. The Contractor is responsible for completing all assigned tasks within the timeline specified. Page 2 of 2 opus G 0 tial. zi c,�` Attachment B - Bid/Pricing Schedule `4r � CITY OF CORPUS CHRISTI t� Pricing Form PURCHASING DIVISION h v"frIt ,C8RPU0.PSF° 1$52 RFP No. 2014 Radio System Consulting Services for Police DATE: 02/27/2019 1 1 PAGE 1 OF 1 Trott Communications Group, Inc. ., l�.0 '�✓ I �/�✓7 PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT PRICE 1 Phase I - Procurement Phase of a radio system 1 LS $59,920 upgrade 2 Phase II - Implementation Phase of a radio system 1 LS $69,090 upgrade TOTAL PRICE $ 129, 010 Attachment C - Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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 PROFESSIONAL LIABILITY $1,000,000.00 each claim $1,000,000.00 Each Policy Year Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • 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 Police Department Radio System Upgrade Procurement and Implementation 11/13/2018 sw Risk Management Bond Requirements: No Bonds are required; therefore, Section 5(B) is null for this agreement. ATTACHMENT D - WARRANTY REQUIREMENTS No product warranties are required; therefore, Section 8(A) and 8(B) is null for this agreement. RFP No. 2014 - Radio System Consulting Services for Police Sr. Buyer: John Elizondo Proposal Evaluation Pts. Tusa Consulting Services, LLC CTA Consultants, LLC Trott Communications Group Televate, LLC Black & Veatch Connected Communities Minimum Qualifications Pass/Fail PASS PASS PASS PASS PASS Proof of experince in providing Radio System Consulting Services V V V V V Required five years in Business V V V V V No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years V V V V V No outstanding regulatory issues last 5 years V V V V V References Provided for firm V V V V V Technical Proposal Technical Proposal (50 points) 50 44.3 42.7 42.5 42.0 41.8 Firm's Experience 18 Experience on projects of similar scope and complexity Demonstrated capability/capacity on comparable projects Past Performance and Reference Checks Team Member Experience ' 18 Team members with experience and qualifications; Team members currently employed with the vendor Team members experience with work of simlar cope and complexity; Understanding of Project Scope 14 Demonstated understanding of scope of services Demonstrated understanding and experience with similar service with a public agency Interview Interview (30 points) 30 26.2 22.3 29.0 22.7 0.0 Firm's Experience 8 Demonstrated Experience providing these Services of similar scope and complexity Team Identification 10 Team members with experience and qualifications Understanding of Project Scope 12 Demonstrated understanding of scope of services Knowledge of Similar Services; Capability to perform work Price Price (20 points) 20 8.9 6.5 20.0 10.2 0.0 Total 100 79.4 71.5 91.5 74.9 41.8 Page 1 of 2 RFP No. 2014 - Radio System Consulting Services for Police Sr. Buyer: John Elizondo Proposal Evaluation Pts. Faulkner Consulting, LLC Mission Critical Partners, LLC Deltawrx Management Consultants ACD Telecom, LLC Patriot Technologies, Inc. Minimum Qualifications Pass/Fail PASS PASS PASS PASS PASS Proof of experince in providing Radio System Consulting Services V V V V V Required five years in Business V V V V V No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years V V V V V No outstanding regulatory issues last 5 years V V V V V References Provided for firm V V V V V Technical Proposal _ Technical Proposal (50 points) 50 40.00 39.50 39.33 37.67 34.50 Firm's Experience I 18 Experience on projects of similar scope and complexity Demonstrated capability/capacity on comparable projects Past Performance and Reference Checks Team Member Experience ] 18 Team members with experience and qualifications; Team members currently employed with the vendor Team members experience with work of simlar cope and complexity; Understanding of Project Scope - 14 Demonstated understanding of scope of services Demonstrated understanding and experience with similar service with a public agency Interview Interview (30 points) 30 0.00 0.00 0.00 0.00 0.00 Firm's Experience 8 Demonstrated Experience providing these Services of similar scope and complexity Team Identification 10 Team members with experience and qualifications Understanding of Project Scope 12 Demonstrated understanding of scope of services Knowledge of Similar Services; Capability to perform work Price Price (20 points) 20 0.0 0.0 0.0 0.0 0.0 Total 100 40.00 39.50 39.33 37.67 34.50 Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Kim Baker, Director of Contracts and Procurement Department Kimb2@cctexas.com (361) 826-3169 Automotive Parts for CCFD CAPTION: Motion authorizing a three-year supply agreement for automotive parts with Advance Stores Company of Raleigh, North Carolina via U.S. Communities cooperative for an amount not to exceed $105,000. PURPOSE: The purpose of this agreement will provide automotive parts f for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: CCFD has an ongoing need to purchase automotive parts to sustain their maintenance and repair requirements. It is important that these parts be delivered in a timely manner so that vehicles can be turned around and placed into service to continue to perform required operations. This supply agreement will significantly assist CCFD in ensuring the above is accomplished. The Contracts and Procurement Department utilized the U.S. Communities cooperative for this procurement. Contracts awarded through the cooperatives have been competitively procured and are in compliance with Texas local and state procurement requirements. The Contracts and Procurement Department also compared several cooperatives to obtain the best price for the City. 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: Fire FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $586,581.48 $96,250.00 $682,831.48 Encumbered/Expended Amount $437,640.39 .00 $437,640.39 This item $8,750.00 $96,250.00 $105,000.00 BALANCE $140,191.09 .00 $140,191.09 Funding Detail: Fund: 1020 General Fund Organization/Activity: 12050 Fire Apparatus & Shop Mission Element: 093 Respond to Emergency Calls Project# (CIP Only) N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Supply Agreement SUPPLY AGREEMENT NO. 2219 Automotive Parts for CCFD THIS Automotive Parts for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Advance Store Company Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Automotive Parts for CCFD in response to Request for Bid No. U.S. Communities 2017000280 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Automotive Parts for CCFD in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year 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. This Agreement is for an amount not to exceed $105,000, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Ernie Villarreal Fire Department 361-826-8424 ErnieV@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, HCA taxes, unemployment taxes and all other applicable 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: Ernie Villarreal Fire Captain 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Fax: 361-826-4451 IF TO SUPPLIER: Advance Store Company Inc. Attn: Michael Casey Brannigan SVP Customer Engagement 5354 McArdle Road, Corpus Christi, Texas 78411 Phone: 361-991-9119 Fax: 361-991-5470 17. SUPPLIER 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 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 Supplier 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 SUPPLIER Signature: Printed Name: ,1/47"- 1-./k-77 (JG. / Title: yr ,ice t NA S Date: ?j/ 2, f t CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. U.S. Communities 2017000280 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1. Supplier shall provide filters, brakes, engine parts, body parts, supplies and other automotive parts. 2. Supplier shall deliver parts to the Corpus Christi Fire Department Warehouse at 1501 Holly Road, Corpus Christi, Texas 78417. 3. In stock parts ordered before 2:00 pm will be delivered same business day. 4. In stock parts ordered after 2:00 pm will be delivered next business day. 5. Supplier shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays and holidays (excepting Christmas Day). 6. Supplier shall have a bill of sale upon delivery. 7. Parts will be ordered on an as needed basis. Page 1 of 1 Attachment B - Pricing Schedule City of Corpus Christi Quote Form Description Discount Automotive Parts for Chevy, Ford, Dodge & Supplies 5 - 65% based on Catalog pricing US Communities Contract 2017000280 Total Not to Exceed $105,000.00 COMPANY: Advaice Auto Parts NAME OF PERSON AUTHORIZED TO SIGN: Michael Casey Bann igm ADDRESS: 5354 McArdle Rd CITY/STATE/ZIP: Corpus Christi, TX 78411 PHONE: 361-991-9119 EMAIL: hervey.jaramillo@advance-auto.com FAX: _919-301-4079 DATE: April 17, 2019 SIGNATURE: /111•/4 -- TITLE: SVP Customer Engagement Page 1 of 20 9102 69Z 811 9L0Z/0£/9 paslnay Zq umpuappy - 1 luauay]e13V N 0) 0 10 00 V 01 111 A W N) 0 10 00 V 01 In A W N µ zr z e m 0 Q 3 m • al m• 1 N .0 2 -Di t,l 1n v, 2 —7 V ;n N fl1 n A N M [n 01 A m A n.1 N 1n L 2 n N N m ITA276L W A N STP145H STP132HC ISTP350H cn -0 n 1SST311 En v j n Co 0 CO o y f)1 m o -IE BIDDER IS RESPONSIBLE FOR CROSS REFERENCE OF ALL PART NUMBERS FOR BID RESPONSE PURPOSES TO ENSURE EXACT MATCH OF LISTED ITEMS. 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CPI GLOBAL SOURCING, INC Baldwin Filters, Inc. Baldwin Filters, Inc. 8eldwin Filters, Inc. Baldwin Filters, Inc. CD CD Pr n n F.F.F. >> GK INDUSTRIES Baldwin Filters, Inc. Baldwin Filters, Inc. Baldwin Filters, Inc. Champion laboratories/Lub Baldwin Filters, Inc. Mann+Hummel Purolator F1 Zibo Yonghua Filter Making Baldwin Filters, Inc. Baldwin Filters, Inc. Baldwin Filters, Inc. 01 CJ 6.E. F, S S [Baldwin Filters, Inc. Champion Laboratories/Lub, W d d s F F S > S Baldwin Filters, Inc. Baldwin Filters, Inc. Baldwin Filters, Inc. Baldwin Filters, Inc. Champion Laboratories/Lub 1 Champion Laboratories/Lub Baldwin Filters, Inc. Baldwin Filters, Inc. Champion Laboratories/Lub Zibo Yonghua Filter Making Baldwin Filters, Inc. Baldwin Filters, Inc. a F > S Zibo Yonghua Filter Making Champion Laboratories/Lu a n F, 5 S Baldwin Filters, Inc. Champion Laboratorres/Lub a F 51 3 O W 2,037 2,004 1,487 1,332 2,381 2,306 2,274 t.....!... 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BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS 'BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS nn x x >3. 3 55 zz ST.; m m O O O O =72 N In Z Z Pr BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS CHAMPION LABORATORIES INC. WIX FILTRATION DIVISION BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS WIX FILTRATION DIVISION CHAMPION LABORATORIES INC. BALDWIN HEAVY DUTY FILTERS BALDWIN HEAVY DUTY FILTERS CHAMPION LABORATORIES INC. 1BALDWIN HEAVY DUTY FILTERS 1 CHC_5203 CHC_ 5212 CHC_5210 CHC_S212 CHC_5210 CHC_5220 CHC_5220 CHC_5206 CHC_5202 CHC_5203 CHC 5202 CFI_86719 CFI_86936 CFI_86960XE CFI 84746XD CFI_83902 CFI_86243 CFI_86604 CFI_86965 CFI_86818 .CFI 88134 CFI_84082 CFI_84740XE CFI_85759 CFI_86481 CFI_86472 CFI_89316 CFI_85056 CFI_88562 CFI_85971 CFI_85515 CFI_84035 CFI_89071 CFI_85551 CFI_85064 CFI 86626 CFI_86966 CFI 85036 CFI_85348MP CFI 85799 CFI 85734 CFI_94010 CFI_87488 CFI_86994 CFI_86231 CFI_847505 CFI_88935 CFI 85060 r1 iT I L r CFI_88449 CFI_84526 n 00 1T8 269-2016-070 -Attachment 2 - Addendum 82 Revised 6/30/2016 OZ 10 [ G6Dd 10 0' 10 10 N A 10 00 w .N+ 0 0 00 00 0 00 00 00 v 0' 00 00 N A 00 N w 00 00 0 V 0 V V Co v V V 01 N 00 V 00 1....K11-1012,03,4 0001 01 01 ON 0, 01 1n 01 01 A 01 0 .' ON N 0 10 to N 00 V N 0' In N In A w . N N A 0 10 A A CO v A 0+ P A 1n A A w Lo 00 VV O V., 00 to .+ 00 CO 0 0 N 0000.. 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OIL 10W30 1 QT CQOIL OIL SW20 1 QT CQOIL 1.1.2 IN PAINT PADDLE - BOX 1 SNOW BRUSH 1 EA SUM MINIATURE LAMP NYLON STRAINER- MED STO MINIATURE LAMP 5T0 MINIATURE LAMP ISTDMINIATUREIAMP ISTD MINIATURE LAMP STD MINIATURE LAMP STD MINIATURE LAMP STD MINIATURE LAMP HALOGEN SEALED BEAM HALOGEN SEALED BEAM HEADLGHT-HALOGEN 1 EA I OIL 15W40-DELO 1 GL CHV ISTD MINIATURE LAMP CQ HOSE CLAMPS CQ HOSE CLAMPS 1CQ HOSE CLAMPS ICQHOSE CLAMPS I CQ HOSE CLAMPS NOSE CLAMP 816 1 EA CRQ HOSE CLAMP 836 1 EA CR CQ HOSE CLAMPS HOSE CLAMP 828 1 EA CRCIV CQ HOSE CLAMPS TRICE Products Corporatior, FOUR SEASONS TRICO Products Corporatio BP Lubricants USA Inc. LI BP Lubricants USA Inc. CRC Industries BP Lubricants USA Inc. !CRC Industries (ICRC Industries Amalie Oil Company Amalie Oil Company jAmalie Oil Company Amalie Oil Company Amalie Oil Company Amalie Oil Company Amalie Oil Company Amalie Oil Company Amalie Oil Company I Amalie Oil Company I Amalie Oil Company 1 Amalie Oil Company {Amalie Oil Company Amalie Oil Company Amalie Oil Company 1 Amalie Oil Company Amalie Oil Company CPI GLOBAL SOURCING, INC Hopkins Manufacturing Cori FEDERAL MOGUL CORP. CPI GLOBAL SOURCING, INC FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. FEDERAL MOGUL CORP. 1STA NDARD MOTOR PRODU I 3 ({Chevron Texaco Global Lub STANDARD MOTOR PRODU, CPI GLOBAL SOURCING, INC CPI GLOBAL SOURCING, INC !CPI GLOBAL SOURCING, INCI [CPI GLOBAL SOURCING, INCI 'CPI GLOBAL SOURCING, INC -I Ningbo Win Long Machiner+I Q1 Ningbo Win Long Machiner' CPI GLOBAL SOURCING, INC] Ningbo Win Long Machiner !CPI GLOBAL SOURCING, INC1 N O 01 1,236 10,405 I 9361 929 I 875-I 937 960 907 A A 1,672 1,572 898 4,064 3,689 4,378 4,3591 A N 00 A r 0 01 N 0' v 0 01 v 10 N v 0 00 0 0 A 00 V 01 A to W t0 A V C0 w 0 10 r 0' N 1-' 1-' 0 N 0 0 0 O 0 N r w 0' 01 N v 0 10 10 W V V V i0 1,9341 } 1,7401 3,087 2,433 00 W O 10 { 840 I 807 00 10 0 to V N 10 0 0 N X 00 .+ .+ 0 10 V 00 W O W 1D 10 10 .+ 0 1D w 10 0 1n N 10 0 10 10 N 10 10 14.99 4.69 A N V v 10 10 10 0 W i0 A 10 10 10 10 N N A i0 10 10 00 W 0 10 10 10 N W i0 i0 10 10 01 N 10 O 0 t0 W co 10 0 10 10 to 1.1“; iv 10 10 10 W i0 t0 10 t0 J.0 10 O 0 N O r O 00 00 10 0' 0' 10 10 i.1 0' 0 t0 N(0 i0 r 10 t0 .-' V i0 1D 0 01 I~+ 01 10 10 1D 00 v t0 i0 t0 0 0 0 10 t0 11 1D 0 .+ O 10 0 0 10 10 1D — 00 0 A 0 10 (0 0 0 i0 0 1D 10 O i0 10 O W to W W W W 0o OD 00 00 O O O O O O O O O O O O O O O O O V N N 0 0 0 0 0 0 0 -10 -30 O O V.WWWWwWWWWW O W N N N N N N N 1n 1n to 7.191 00 O D\ W w .� N 1n N in 1+ N A in 0 I.a 1+ AO.... w v y 1p N 0 w .^ 100000100010000(000000 10 1.01.J1.11 ip A i0 N 0 ip .1...../11,01 iD ip ip ip iD 0 W N io0 tr W iv 10 W W ip iD 0.04 4.39 0 V 00(000000000000 A 0 . A v N CO v 8.39 5.99 1 O' 0 N 000.0000 O O O1 0' 0.97 0.64 0.97 0.64 W p' O 01 N O A $383.16 $89,795.15 N N N N .+ N 00 V W V' 10 01 N N to W i- 00 0' N N W 00 v V N N 1+ w W b N O W W 00 i- A V 0 N. 0' V 41 N 01 v 00 w 0 0 A $6,671.28 58,630.28 $17,951.02 525,156.16 520,252.61 $17,468.22 565,341 41 521,597.87 $28,907.74 A W 00(000 W 01 00 000P00 .w.' to N 0' v 1-' 1)) 0 w N 1p 5105,870.66 $64,558.41 N N 0 r' .2-.c. W V .+ 0 0,4..0 O 00 A 00 N 00 N 00 00 01 00 00 0 $2,695.38] $143.50] N N (000 N 0 4.0 AO 01 0' AA $2,708.16 $1,994.10 N N W N V 01 O w AO ;-.6 w, $5,202.46 1 511,919.00 00 N .. N 00 00 V 1p YID 0' 10 V W $21,630.85 5219,973.41 5537.60 5516.48 _ 51,030.14 $654.08 $918.59 5549.76 $833.92 $766.72 $766.08 5702.72 ITRICO PRODUCTS FOUR SEASONS TRICO PRODUCTS CASTROL, INC CASTROL, INC CRC INDUSTRIES, INC. CASTROL, INC CRC INDUSTRIES, INC. CRC INDUSTRIES, INC. AMALIE 011 COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY [ ALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY AMALIE OIL COMPANY NATIONAL OAK DISTRIBUTORS HOPKINS MANUFACTURING CORP ITW - SHA NATIONAL OAK DISTRIBUTORS ITW -SHA ITW- SHA ITW -SHA ITW - 5HA FEDERAL MOGUL (WAGNER LIGH1 ITW - SHA ITW - SHA FEDERAL MOGUL {WAGNER LIGH1 FEDERAL MOGUL (WAGNER LIGH1 ITW SHA CHEVRON MOTOR OIL GENERAL CABLE INDUSTRIES, INC ITW - SHA ITW - SHA ITW • SHA ITW - SHA ITW - SHA ITW - SHA ITW • SHA ITW- SHA ITW- SHA ITW- SHA 0 1CTT_24608 [CWP_22-1 CTL_107 CT1„092 1CRC_05088 ICTL_082 CRC_ 03095 CRC_05023 CQO_CQ650 CQO CQ940 CQO_CQ620•SQT ]CQO_CQ440 ICQO_CQ900 CQO_CQ640 COO_CQ645.1G CQO_CQ645 ICQO_CQ450 I CQOCQ920 ICQO_CQ426 CQO_CQ930 CQO_CQ530 CQO CQ620 I CQO_CQ420 1CQO_CQ630 [CQO_CQ610 NOD_NOPSTICKS CPS 523 SHG_CQ-3156 NOD_GER010701 CI c1 00001 0000 1 0 I0 0 0 0.0 1ic1 CI .. w 1c v N CLB_53 5HG_CQ-194NA SHG_CQ-3157NA CLB_H4656 CUL H6054 $HG_9007 ICHV_39812 I WIR_35-4102 CHC_5232 CHC_5224 CHC_5236 CHC_5228 CHC_5236 CHC_5208 CHC_5216 CHC_5206 CHC_5228 CHC_5216 ITB 269-2016-070 - Attachment 2 - Addendum 112 Revised 6/30/2016 OZ Jo S L abed N O A A l0 CO A V A A 01 V. 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I Milton Industries, Inc I (Ford - Motorcraft Oil 1Moltan•Thrifty IFord - Motorcraft Oil I 1 Ford - Motorcraft Oil I Warren Oil Company [Warren Oil Company Warren OII Company 1,754 _ Warren Oil Company 1 1,916 1 Warren Oil Company i 1,791 W 00 00 00 T o ~ V, 00 :+ r VV. w ~ 10 o 1p 10 o T a CO V 00 b a 0 10 O V N i.. 1 w W N ,A v O. 0) N o0 . CO CO 10 T 0o i.. 0 �. W ~ , 0D 0D N 00 '0 1O N > 9731 1 950 r. ~ CO A N A v OD N lO 10 -• N N V L .+ v N O V .0 A CO O Stvt Erni 8D 0O 0 0' 3,030 2,092 N N 10 10 10 1D lD W 1D N 10 1O 1D 1p 1D 10 V 10 A 1D 10 T V 1D A 0 10 V V P A 10 10 a w 1D . b 1D A N 10 10 N a 1D VD 1D V 00 10,10 0 1D 1O ,D w p T 1D 10 W T 10 10 0 1D 1D 1O 1D t0 1O 10 10 10 T 10 10 10 00 .+ N 0 T 1.99 2.48 W v w. V ;NJ~ T 1D 10 r A A N W > 10 10 O 0 1O 00 1D 10 00 -O 10 10 ,D V N A m 1D 10 V 10 (p0� 1D 1D ... AO 0 0 V. A «O 10 10 00 00 00 00 00 00 00 00 00 00 0 0 (0(0 0 0 0 00 N 00 �. w w w. 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N .N. w• CO W w O CO CO O I 54,635,0013M 52,211.3013M 52,812.601 MILTON INDUSTRIES,INC 545,488.94[3M 53,474.40IMILTON INDUSTRIES, INC 51,081 351 -MILTON INDUSTRIES, INC 57,667. S1 ]FACTORY MOTOR PARTS COMPA/( 5107,902.52IEP MINERALS, LLC 516,422.601 FACTORY MOTOR PARTS COMPAII MCO._XOSW20QSP 514,413.881 FACTORY MOTOR PARTS COMPAIjMCO_XT10QLVC 1 54,864.65r11 WARREN UNILUBE, INC. ILUB_633-14 535,455.78yWARREN UNILUBE, INC. 'LUB932-05 54,823.SO'WARREN UNILUBE, INC. ILUB 46106 1 510,557.16[ WARREN UNILUBE, INC. 1LUB_780-32 I 518,107.011 WARREN UNILUBE, INC. ILUB_1025 I N N = O 0 C C TRADIATOR SPECIALTY CO I NATIONAL REFRIGERANTS O-4 r O O A z o m N n 2 D n K rl0 O 111W GLOBAL BRANDS 1FRAM GROUP LLC 1I1W GLOBAL BRANDS 111w GLOBAL BRANDS 1010 WORLD AUTOMOTIVE, INC 1ITW GLOBAL BRANDS fNGK SPARK PLUGS (USA) INC [OLD WORLD AUTOMOTIVE, INC. I NGK SPARK PLUGS (USA( INC 1 NGK SPARK PLUGS (USA) INC (FORD I FORD o0 O [FORD (FORD rFORD [ FORD N N O O iN , O O 4 00 10 0 w y1�. ,0 n OT 1Pvf 91015 IPVF..3o12 IPER_80078 1 PRS_A5242 JPER_82194 1PER_80050 v O< A G IN �O 0D g o 1 w 0 Ll >< >c A v v 01 a IMTC_SP-413 MTC_FL-9105 11 IMTC_FL-5005 1 IMTC SP.509 I MTC_ SP -405 li IMTC_SP-493 { IMTC_SP-515 1 I MTC_F L-8205 1 MTC_SP-479 MO8_24813 MOB_44925 MOB 44968 1 MO8.14975 1 MMM .06133 MOB. -24812 MMM 07164 I MMM 06480 I MMM_93604 MMM 01397 MMM 07485 1 M M M_01407 1 MMM_07447 MMM 01396 MMM 07480 I MMM_07481 1 MIL 5727 1 MMM 08880 MIL 413.50 MIL_414-50 FEB 269-2016.070 - Attachment 2 • Addendum 42 Revised 6/30/2016 OZ JO 6 L abed a T P P T N P a a a CA W N T N.' a A T O NO a A LAN V A P N N T N A a N a W a A N r A A LA a O 10 A p A A CO A a A a T a A a a A W A a a A N "' a A A w O 1O a> W W CO V a A W W T N A a W W A W a a w W •- a a W Na O 0 A N m V A N T N a A N N a W A a N r A A ....... 0 10 a A m V a> T N a a a W N mN O w CO NJ O N 0 0 m m N ON O N.0 loon ON N 01 A 10 V 00 T T A oA A A. 0A 0 10 co CO O 0 1.0 Os co N O O 0 �pp O O O O O V N O O V V 100 1l°0 O O T T .001 CO O O T T 1TO N O T a ON N W V OA T O T pT� 10 O N P 10 x O lu N 15116 1SW050 175130/75160 175190 166519 x x PAO x 1RX30222 15079279.1 A W Co [R84060MP 1884060 R85372MP R84502MP !R85372 T m m n L^ m CQ24088 CQ1826 9012BP H6054XVBX 96054 10 x O w mO m A C V S r Q T F m tel 75130 75190 T ma,„,...,. In Co T co in 10 NJ N O 7c -,,,,....0 m >< N R85348 { RX30222 5079279-1 { R84060 R85348MP { R85372 I { R84060MP R8S377MP R84502MP N N a 0 L 27043 27041 28449 28409 27042 27003 28413 28412 28411 27002 w 10 A 27313 27004 27341 27315 N m W m 0 U m T Y N pOi I -FUEL HOSE S/16""X25"' 1 "FUEL 1105E 3/8""X25'" ['HTR HOSE HD 5/B""X50'" MINI BULB 1 EA SYIVN 1 HEADLAMP HALOGEN 1 EA (TRANS FILTER 1HEADLGHT-HALOGEN 1 EA 1Osram Sylvania Inc. 1HEADLGIIT-HALOGEN 1 EA 1 Osram Sylvania Inc. [SEAFOAM 16 EA SEAFM [GLASS CLEANER 1 EA SPY ISHOP TOWEL 55 CN SCOTT 1SHOP TOWEL -BOX 200 CN IXL RAVEN PWDR FREE 1 EA I LG RAVEN PWDR FREE 1 EA [NON-TOXIC DUST MASK WIPER BLADE -18' 1 EA KL (WIPER BLADE -24" 1 EA KLN I BEAM XTRACLEAR 22 WONT BLADE•22 1 EA RAIN WIPER BLADE -22" 1 EA KIN WIPER BLADE -20" 1 EA KL {Oil Filter 1 EA CARED I WIPER BLADE -22" 1 EA RAI {Oil Filter 1 EA CORED IO,I Filter - Master 1 EA CQR 011 FILTER- RED 1 EA CORE( {Oil Filter - Master 1 EA CQR MP OR FILTER- RED 1 EA CC; Oil Filter 1 EA CORED 1/4 WIP/VAC UNE 1/2 X50 FT HER 7/32 WIP/VAC HOSE 7/64 WIP/VAC HOSE HYD HOSE 1 3/8 X SO FT IITR S/32 WIP/VAC HOSE 5/16 FUR UNE 1 X 50 FT HTR 3/4 X 50 FT HTR 5/8 X 50 FT HTR 1/4 FUEL UNE I 5/16 BARRACAOE HOSE 1 1/4 BARRICADE H051 I 1/4 BARRACADE HOSE 3/8 FUEL LINE 3/8 BARRICADE HOSE 3/8 BARRACADE HOSE ENGINE BRITE FOAMY 17 Of 5/16 BARRICADE HOSE WW SOLVENT 111BD INDUSTRIES INC [Sea Foam Wl-SprayWay I KimberlyClark Corp. }Kimberly-Clark Corp. SAS Safety Corp, SAS Safety Corp ISA$ SAI ETY 1TRICO Products Corporation 1 TRICO Products Corporation TRICO 111 Global Brands 1 KIN' Products Corporation TRICO Products Corporatio {Champion Laboratories/Lutsl fIITWGlobal Brands 1 I Champion laboratories/luta 1,435 {Champion Laboratories/Lub; 1.115 1 Champion Laboratories/Lu14 2,109 {Champion laboratories/Lud 1,680 Champion laboratories/Lub Champion Laboratories/Luh GATES RUBBER CO (GATES RUBBER CO 1GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO I GATES RUBBER CO I GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CO GATES RUBBER CD Radiator Specialty Co GATES RUBBER CO Radiator Specialty Co. RADIATOR SPECIAL TV CO 1H00 INDUST RIES INC x = CO m o v 2 z 0 O C c HLA ti A A LeIN 2 2 nn Osram Sylvania Inc. Osram Sylvania Inc. CPI GLOBAL SOURCING, INC oN - W 1l°i. W .� . o ` m LA N r a o T ✓ r- T Oo 0 0 0 N N r- - O > N N - -N ti N 2,708 2.589 { 3,038 { 2,9081 P w m A N N ti v V m 10 N W m N W .- -A a 0 .- 40 W N G1 A 10 C1 0 O ✓ -O m. N �- 1,132 795 2,034 - W u0 O O m a a a OO a rn ~ of N CO O N " N 1'n v W :. 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C1 O 51,150.241 5898 631 54,464.00 51,041.95 111 N �D N V W 0 a, 0 Co 54,456.481 53.140 041 1n l41 w- N 100 N �0 T T N OTO A m n a 5481.91 $4,297.32 51,601.321 N N W N T V N P a 10 55,835.69 54,396.08 N a o m N 1 HBD INDUSTRIES INC HBD INDUSTRIES INC 1180 INDUSTRIES INC OSRAM SYLVANIA OSRAM SYLVANIA rILTRAN AFTERMARKET SALES {HW -SHA 1 OSRAM SYLVANIA SEA FOAM SALES CO SPRAYWAY INC KIMBERLY-CLARK GROUP KIMBERLY-CLARK GROUP TRICO PRODUCTS TRICO PRODUCTS TRICO PRODUCES TRICO PRODUCTS SAS SAFETY CORP SAS SAFETY CORP SAS SAFETY CORP (ITW GLOBAL BRANDS ITRICO PRODUCTS {CHAMPION LABORATORIES INC. IITW GLOBAL BRANDS n n D > v 9 i z c 00 > 00(0 O O A y 00 32,2 N 2 2 nn {CHAMPION LABORATORIES INC. ICHAMPION LABORATORIES INC. CHAMPION LABORATORIES INC. CHAMPION LABORATORIES INC. GATES RUBBER CO IHBD INDUSTRIES INC HBO INDUSTRIES INC 1180 INDUSTRIES INC DAYCO PRODUCTS, INC - GATES RUBBER CO HBD INDUSTRIES INC HBD INDUSTRIES INC x x O O 2 z CO N A A ry,w, In In nn 1100 INDUSTRIES INC HBD INDUSTRIES INC I[ GATES RUBBER CO GATES RUBBER CO 1 GATES RUBBER CO 1180 INDUSTRIES INC GATES RUBBER CO GATES RUBBER CO RADIATOR SPECIALTY CO CiATESRUBBFR CO RADIATOR SPECIALTY CO RADIATOR SPECIALLY CO RADIATOR SPECIALTY CO 11 -1Ln 1 0 0 O 0 m ITHP_CQ24088 - ITIIP_CQ1826 51.0_90128PSLB_H6054XVBX TFK_96054 1SHG_H11 1SLB_H11BP SEA_SF16 SGC_SWOSO 15C0_75130 1SCO.75190 ,' IT N oo RWP_K20 RWP_K18 RWP_K24 CWP_XC22 SAS 66519 RNX_5079279.1 RWP_K22 RFI_R85348 RNX_RX30222 RFI_R84060 1 �RFI_R85348MP { RFI_R85372 RFI. R84060MP RFI_R85372MP RFI_R84502 MP ti A -7313 '0 IN 0 o m> N THP_CQ334150 1 THP_CQ333950 =0 S< Nm a 0 100 0 0 r THP CQ334050 1 THP CQ24078 TIIP_CQ1828-25 1 THP_CQ1827 1 THP_CQ1826 TIIP_CQ24060 RBR_27314 RBR_27339 ti A 11: 9 IA �0 N 0, 0 W CO CO A A m m A A N W w N '0 RAD_FEB1 RBR_27340 RAD_ EEO RAD MS16 > 3 N rn 910Z/0E/9 PaslnaB or Lunpuappv - Z luaLugDenv • 0L0-9t0Z-69Z 81t OZ Oz 060d TOTALS A A b 0000 a A V T a a 40 > A> W 40 A a la o A A CO CO CO A a Co CO a A CO CO A A CO CO a a CO CO A a w m V a V OA a A>> VVI A W N✓ a a O A> CO. TO V N.0LO .O LoLa V N w la 0 O w V m O N b W N 0 NN O O T O ✓ p� Ona T O N O .00g N p pNNlaONpO.pp A N O O CO A 0000 erQM la CO CO T W .0 W> O T A pPVCO O N0 W w O m NO N O N Pa A V N T m CO N IA oa N O O w N — A A WW L O O N CO 0 1 CO24088 1 CQ 9007 > n N O V T z CO Om0 P w 1 130983 N P a W ` .n f O g 0 T> f F IN O O 0 0 w> F N f O W N Ja 450313/45024 W7340 ** p N A 797975/VV17 *- pCa N Y ✓ La - A 5079585 8x68806 50/9584 31173 $ o CO N La A 30903 5066517 N O O CN A F Fpp S O w A F F W A> f g<✓ W O N N A.0 V N A ✓ A✓ C424060 00334050 00182825 1 5/16'x 25' FUEL 1105E 1 FT 15/32'x50'WWVAC TUBG 1 3/8'x 25' FUEL 1105E 1 FT 0 Headlight, halogen 1 EA CR N N W 04 ✓ m N H c ~✓ 2 n n 1 BLUE CORAL X32 DEG !WASHER FLUID BUG 1 EA R• /BLUE CORAL 0 DEG Rain Cutter •25 WWF 1 GC 1BLUE CORAL -20 DEG 1 SOUTH/WIN, LTD 1Xtreme Blue 0 Deg 1 01CO; SOUTH/WIN, LTD 1Xtreme Blue -20 WWF 1 Gl ESOUT11/WIN, LTO 'WASHER FLUID -25F 1 EA R/,SOU 1 H/WIN, LTD BRAKE FLUID -DOT 3 1 GL WI Warren Oil Company COIL ON PLUG BOOT 1 EA C STANDARD MOTOR PRODU1 1 BRAKE FLUID -DOT 3 32 02 V Warren Oil Company BRAKE FLUID -DOT 3 12 OZ l Warren cm Company BRK CLEANER LOW VOC 14 +Warren Oil Company (Chlorinated Brk Clnr 1 CE WI Warren Oil Company W0.40 SMART STRAW 12 0 WO 40 BRAKE CLEANER 14 EA WRE Warren Oil Company SYNPOWER GO 7SW90 32 d Valvoline Oil Company GREASE -CRIMSON 14.1 OZ'[Valvoline Oil Company NON•DET 30W QT. OIL 5W301QTVLVIN 1 STARTING FLUID 11 02 PYRII GEAR OIL 75W140 SYNP 1 CAR WASH 128OZTUR IL f ATF DEX/MER-MAXLIFE 1 Qj j A n X OO,^ m c x ✓ O W33 .N.1 AO O (Therrnord HBO Industries, 11 1 I Thermoid HBD Industries. Ir IThermoid HBO Industries, Ir 1 Guangzhou Gentle King Aut 1Thermoid HBD Industries, Ir 1Fram Group/Prestone Car C iii (SOUTH/WIN, LTD (South/Win, Ltd. SOUTH/WIN, UD /SOUTH/WIN, LTD VALVOLINE MOTOR PRODUI Valvoline Oil Company Valvoline 011 Company _ I Valvoline Oil Company Turtle Wax Valvoline Oil Company III x CO x CO CO CO 0 0 0 z z z 0 C c c c c -I N A D 9 N N N Z Z n n n W CO VCO N 40 0 A N O r V O W 978 1 823 O N V A> r N O T 0 V O0 A O N 00 V 0 V A 2,358 977 • a, 00 P>✓ ..0 .0 0. V A N .0 A. w WF. ✓ O> N A ✓ N r O 0. ✓ N CO N A A N CO .0 W r T>. ✓✓ CO I. W W N T N •-• N00 p V .0 N r .0 N w✓N b CY ..0 �O T lr l0 .O A N N N N0 1C 2.59 -8I 2.59 8 A N > 1a 10 1O N .0 40 .O LO 10 w T T LO .0 A A O0 N .O .0 A T CO. .O 10 A ✓ N A t0 UO N T✓ t0 N t0 t0 N CO 10 10 .O T T l0 t0 LO m N N 143 N W m O W W Co m CO CO 00 m 00 O 0o 00 0o m W 00 0o 0o W Co W m CO CO. CO CO m CO V V 1 1.38 1 0.82 T r IO 0o w r V m 2.38 3 39 w N N m N N w m 00 2.38 4 13 18 39 4.79 W Y> La N w Lo NO W T 6:, N A. a✓ oN.�;O N VN W N N 6.25 6.43 A. O✓ a Nm N W N W 1 51,313.76 1 5702.74 N .0 %A FV. 0440'0J40'' N 0 N N A r Y /0 b 0 0 N N N CO 10 V b T 0 A w ✓ W N /0 N 0 CO 512,387 90 1 57,249.48 565,071.58 525,977.70 .... IN, N N 444 ti ✓ W 0' NA 0 'Lra In Cr. 0 O✓ o 573,059.20 530,427.11 N T O� 10 A 1Y T✓ N O N 57,810.711 56,667.10 513,144.56 53,397.101 N to A N A W 4O O T N T O ✓ N t0 N N N N pp W 0 N Y N W W N A A. .O 10 CO 0' m 00 HBD INDUSTRIES INC 11BD INDUSTRIES INC ITW - SHA HBD INDUSTRIES INC FRAM GROUP LIC CAMCO MANUFACTURING SOUTH/WIN, LTD CAMCO MANUFACTURING CAMCO MANUFACTURING CAMCO MANUFACTURING _ CAMCO MANUFACTURING CAMCO MANUFACTURING SOUTH/WIN, LTD WARREN UNILUBE, INC. GENERAL CABLE INDUSTRIES, INC WARREN VNILUBE, INC. WARREN UNILUBE, INC. AMREP AMREP W0-40 COMPANY OLD WORLD AUTOMOTIVE, INC. VALVOLINE MOTOR PR000CTS VALVOLINE MOTOR PRODUCTS VALVOLINE MOTOR PRODUCTS VALVOLINE MOTOR PRODUCTS 1 NIIEO PRODUCTS ILC __ f VALVOLINE MOTOR PRODUCTS 1 TURTLE WAX INC WARREN UNILUBE, INC. II110 INDUSTRIES INC HBD INDUSTRIES INC HBD INDUSTRIES INC 11HP_CQ24078 1THP_CQ334050 1TIIP_CQ24088 ISHG_CQ•9007 N ,D= T O 0. f, X e0 CO CO W 1 W W 5_30983 IWW5_31173 • WWS_30903 1WW5 30983 F j �' O .0 N w V EWESWS0014 WIR_35-7006 f f N N FF O O w A WES_W7341 1 IWES_W5089 1 W0_49005 WES_W7340 VAL_W265 1 VAl W177 VAL_VV975 VAL_VV70124 VAL_PYSFR11 VAl_W982 , a✓ THP CQ24060 1HP_CQ334050 THP_CQ1828-25 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. 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. 2. 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 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 B of this Exhibit. $500,000/$500,000/$500,000 Page 1 of 3 3. 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. B. ADDITIONAL REQUIREMENTS 1. 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. 2. 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. 3. 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 4. 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 Page 2 of 3 • 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements CCFD Mechanical Parts Supply and Delivery 02/06/2019 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirements Warranty is based on manufacturer warranty. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: TO: April 25, 2019 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 Jermel Stevenson, Director of Parks and Recreation jermels@cctexas.com (361) 826-3042 Construction Contract HEB Tennis Center Improvements (Bond 2012 Proposition 4) CAPTION: Motion to authorize execution of a construction contract with D&SS Construction, Inc., of Corpus Christi, Texas in the amount of $558,527.21 for the Base Bid and Additive Alternate No. 1 for the HEB Tennis Center Improvements project. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract to remove and replace three (3) existing tennis courts at HEB Tennis Center. BACKGROUND AND FINDINGS: The center has a total of twenty-five (25) tennis courts, three of which are under a covered shade structure. The three covered tennis courts were constructed from Hot Mix Asphalt Concrete (HMAC) in 2001 and are experiencing severe surface deterioration and deformation due to typical soil shrinkage and expansion with high clay soils, ground water and underground utilities. Previous projects provided similar HMAC court replacements with new post -tensioned Portland Cement Concrete (PCC) courts, new nets/poles, fencing and miscellaneous improvements. ProjectNo.: E17056 1 EP/GH Legistar No.: 19-0597 Rev. 4 — 4/26/19 The post -tensioning reduces the concrete thickness while increasing the compressive strength to control cracking and court deformation. This project replaces the last three existing HMAC tennis court surfaces with the new post - tensioned PCC courts. The project includes new playing surface treatments, markings, nets/poles, fencing and miscellaneous electrical improvements. The project was developed with a Base Bid plus one Additive Alternate described below: Base Bid — Provides for removal and replacement of one existing HMAC with new post - tensioned PCC slab with the associated playing surface treatment, markings, tennis nets/poles, fencing, and miscellaneous electrical improvements. Additive Alternative No. 1 — Provides for replacement of two additional courts with the associated playing surface treatments, markings, nets/poles, fencing, and miscellaneous electrical improvements. On April 10th, 2019 the City received proposals from four (4) bidders summarized below: BID SUMMARY CONTRACTOR BASE BID ADD. ALT. 1 TOTAL BID D&SS Construction, Inc. PO Box 8313 Corpus Christi, TX $229,664.46 $328,862.75 $558,527.21 Mako Contracting, LLC 4833 Saratoga Blvd., Corpus Christi, TX $247,724.53 $355,739.38 $603,463.91 Gourley Contractors, LLC 4921 Ambassador Row Corpus Christi, TX 78416 $343,898.45 $392,934.84 $736,833.29 Journeyman Construction 5449 Bear Ln #436 Corpus Christi, TX 78405 $421,000.00 $351,000.00 $772,000.00 Engineer's Opinion of Probable Cost $298,206.29 $465,812.84 $764,019.13 ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: N/A 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 ProjectNo.: E17056 2 EP/GH Legistar No.: 19-0597 Rev. 4 — 4/26/19 DEPARTMENTAL CLEARANCES: Parks & Recreation FINANCIAL IMPACT: ❑ Operating Revenue X Capital Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 702,858 702,858 Encumbered / Expended Amount 34,685 34,685 This item 558,527 558,527 Future Anticipated Expenditures This Project 109,646 109,646 BALANCE 0 0 Fund(s): Parks & Rec 2013 GO (Bond 2012) 3293 COMMENTS Fund Name: Parks & Rec 2013 GO (Bond 2012) Fund 3293 Project No. E17056 HEB Tennis Court 1 Repair Activity: E17056 -01 -3293 -EXP 550950 Account No. 550950 (Professional Services) Sequence No. Parks & Recreation Seq No. 05 RECOMMENDATION: City staff and Munoz Engineering recommend award of a construction contract to D&SS Construction, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Project No.: E17056 3 EP/GH Legistar No.: 19-0597 Rev. 4 — 4/26/19 PROJECT BUDGET ESTIMATE E17056 HEB Tennis Center Improvements Bond 2012, Proposition 4 FUNDS AVAILABLE: Bond 2012, Proposition 4 $ 702,858 TOTAL FUNDS AVAILABLE 702,858 FUNDS REQUIRED: Construction Fees. 614,380 Construction (D&SS Construction, Inc.) THIS ITEM 558,527 Contingency (10%) 55,853 Construction Inspection and Testing Fees. 26,359 Construction Inspection 21,503 Construction Phase - Materials Testing Services 4,856 Design 29,400 Original Contract (Munoz Enginnering) Design 29,400 Reimbursements. 32,719 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 12,288 Engineering Services (Project Mgt/Constr Mgt) 18,431 Misc. (Printing, Advertising, etc.) 2,000 TOTAL $ 702,858 ESTIMATED PROJECT BUDGET BALANCE $ 0 a9 SCALE: N.T.S. Project Location CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI GULF OF MEXICO Project Number: E17056 1 / HEB Tennis Court Improvements (Bond 2012, Proposition 4) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Ilr AICINI Corpus Chr sti Engineering HEB Tennis Center Improvements Bond 2012, Proposition 4 Council Presentation May 14, 2019 Project Location HEB Tennis Court Improvements CORPUS CHRISTI 8nr Corpus Chr sti Engineering N SCALE: N T.S. 2 Project Vicinity Corpus Chr'sti Engineering Project Scope Corpus Chr'sti Engineering Remove and replace the last 3 existing HMAC tennis court surfaces. The project includes: • New post -tensioned PCC court • New playing surface treatment with markings • New tennis nets & poles • Replace existing fencing • Miscellaneous electrical improvements Project Schedule Corpus Chr'sti Engineering 2019 A M J J AISIOINIDI Bid Construction Projected Schedule reflects City Council award in June 2019 with anticipated construction completion in December 2019. Corpus Chr sti Engineering QUESTIONS? Site Photos Corpus Chr sti Engineering NW Corner of Court 1 NW Corner of Court 1 Site Photos Corpus Chr sti Engineering Court Receptacles ME MUNOZ ENGINEERING MUNOZ ENGINEERING Practical Engineering Solutions April 22, 2019 City of Corpus Christi Department of Engineering Services PO Box 9277 Corpus Christi, Texas 78469-9277 Re: E17056 HEB TENNIS CENTER IMPROVEMENTS CORPUS CHRISTI, TEXAS AWARD RECOMMENDATION To Whom It May Concern: The bids for the referenced project were opened on Wednesday, April 10, 2019. At that time there were four (4) bids received and subsequently reviewed for accuracy and compliance with the bid documents. All the documentation was in order and that, in our opinion, all bidders offered qualified bids. D&SS Construction, Inc., out of Corpus Christi, Texas is the apparent low bidder. Based on the information provided with the bid documents we are confident that D&SS Construction, Inc is qualified to complete the work. We recommend that the City of Corpus Christi select D&SS Construction, Inc, out of Corpus Christi, Texas Base bid and Alternate 1 for a total construction cost of $558,527.21. The contractor will have 180 calendar days from the issuance of a notice to proceed to complete the project. Should you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, MUNOZ ENGINEERING, LLC Ramiro Munoz III, P.E., MLSE President 1608 S. BROWNLEE BLVD ■ CORPUS CHRISTI, TX 78404 ■ (0) 361-946-4848 ■ (F) 361-265-0562 ■ TBPE FIRM F-12240 munozengrg.com TABULATED BY: Ryan Porter ENGINEER: MUNOZ ENGINEERING, LLC BID DATE: Wednesday, April 10, 2019 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TIME OF COMPLETION: 180 CALENDAR DAYS ENGINEER'S ESTIMATE: $ 765,019.13 HEB Tennis Center Improvements D&SS CONSTRUCTION, INC. MAKO CONTRACTING, LLC. GOURLEY CONTRACTORS, LLC. JOURNEYMAN CONSTRUCTION, INC. AMOUNT P.O. BOX 8313 4833 SARATOGA BLVD 4921 AMBASSADOR ROW 5449 BEAR LN #436 CITY PROJECT NO.: E17056 CORPUS CHRISTI, TX 78468 CORPUS CHRISTI, TX 78413 CORPUS CHRISTI, TX 78416 CORPUS CHRISTI, TX 78405 ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part. A - General Al Mobilization (5% Max.) LS 1 $ 27,000.00 $ 27,000.00 $ 12,000.00 $ 12,000.00 $ 11,051.76 $ 11,051.76 $ 10,000.00 $ 10,000.00 A2 Contractor Home Office and Profit (HOH)(%) LS 1 $ 20,349.50 $ 20,349.50 $ 200.00 $ 200.00 $ 36,151.41 $ 36,151.41 $ 183,000.00 $ 183,000.00 A3 Bonds and Insurance LS 1 $ 5,819.96 $ 5,819.96 $ 7,817.50 $ 7,817.50 $ 7,456.46 $ 7,456.46 $ 30,000.00 $ 30,000.00 A4 Construction Permits LS 1 $ 2,800.00 $ 2,800.00 $ 3,068.00 $ 3,068.00 $ 2,205.00 $ 2,205.00 $ 4,000.00 $ 4,000.00 A5 Storm Water Pollution Prevention LS 1 $ 2,930.00 $ 2,930.00 $ 2,189.00 $ 2,189.00 $ 14,211.40 $ 14,211.40 $ 5,000.00 $ 5,000.00 A6 Temporary Construction Fence and Barricade LS 1 $ 2,500.00 $ 2,500.00 $ 4,720.00 $ 4,720.00 $ 7,622.10 $ 7,622.10 $ 5,000.00 $ 5,000.00 A7 Traffic Control (Signs, Barricades, Channelizing Devices, Etc.) LS 1 $ 700.00 $ 700.00 $ 1,416.00 $ 1,416.00 $ 3,032.66 $ 3,032.66 $ 2,000.00 $ 2,000.00 A8 Ozone Action Day DY 2 $ - $ - $ 50.00 $ 100.00 $ 2,527.22 $ 5,054.44 $ 1,000.00 $ 2,000.00 SUBTOTAL PART A - GENERAL (Items Al thru A8) $ 62,099.46 $ 31,510.50 $ 86,785.23 $ 241,000.00 Part B - SITE WORK B1 Demo - Tennis Court (Court 1) SF 6660 $ 3.72 $ 24,773.00 $ 3.91 $ 26,040.60 $ 6.17 $ 41,092.20 $ 1.50 $ 10,000.00 B2 Demo - Chain Link Fencing LF 175.5 $ 60.43 $ 10,606.00 $ 42.28 $ 7,420.14 $ 10.56 $ 1,853.28 $ 5.70 $ 1,000.00 B3 Existing Electrical LS 1 $ 792.00 $ 792.00 $ 2,649.00 $ 2,649.00 $ 1,334.38 $ 1,334.38 $ 2,000.00 $ 2,000.00 B4 Tennis Net and Ancillaries EA 1 $ 1,850.00 $ 1,850.00 $ 1,652.00 $ 1,652.00 $ 3,895.07 $ 3,875.07 $ - $ - B5 Prop - Electrical Conduit, Receptacles, and Wiring LS 1 $ 3,775.00 $ 3,775.00 $ 24,273.00 $ 24,273.00 $ 6,360.17 $ 6,360.17 $ 19,000.00 $ 19,000.00 B6 Prop - Concrete Post Tension Slab (Tennis Court) SF 6300 $ 10.64 $ 67,000.00 $ 13.60 $ 85,680.00 $ 16.98 $ 106,974.00 $ 13.65 $ 86,000.00 B7 Prop - Concrete Enclosure SF 360 $ 13.89 $ 5,000.00 $ 7.08 $ 2,548.80 $ 36.04 $ 12,974.40 $ 8.33 $ 3,000.00 B8 Prop - Concrete Footing LF 175.5 $ 43.88 $ 7,700.00 $ 64.58 $ 11,333.79 $ 70.08 $ 12,299.04 $ 45.58 $ 8,000.00 B9 Prop - Chain Link Fence with Windscreen Material LF 175.5 $ 48.83 $ 8,569.00 $ 58.91 $ 10,338.70 $ 130.26 $ 22,860.63 $ 51.28 $ 9,000.00 B10 Prop - Chain Link Fence EA 1 $ 1,000.00 $ 1,000.00 $ 1,416.00 $ 1,416.00 $ 2,663.69 $ 2,663.69 $ 1,000.00 $ 1,000.00 B11 Prop -Tennis Court Striping (Court 1) EA 1 $ 850.00 $ 850.00 $ 1,298.00 $ 1,298.00 $ 1,347.85 $ 1,347.85 $ 11,000.00 $ 11,000.00 B12 Prop - Tennis Court Surface (Court 1) EA 1 $ 5,650.00 $ 5,650.00 $ 11,564.00 $ 11,564.00 $ 13,789.51 $ 13,478.51 $ - $ - B13 Base Bid Unanticipated Work Allowance LS 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 SUBTOTAL PART B - SITE WORK (Items B1 thru B13) $ 167,565.00 $ 216,214.03 $ 257,113.22 $ 180,000.00 Part C - ALTERNATE 1 GENERAL C1 Mobilization (5%) LS 1 $ 25,400.00 $ 25,400.00 $ 14,000.00 $ 14,000.00 $ 1,529.91 $ 1,529.91 $ 10,000.00 $ 10,000.00 C2 Contractor Home Office Overhead and Profit (HON) (%) LS 1 $ 29,139.00 $ 29,139.00 $ 50.00 $ 50.00 $ 41,313.50 $ 41,313.50 $ 32,000.00 $ 32,000.00 C3 Bonds and Insurance LS 1 $ 8,333.75 $ 8,333.75 $ 10,000.00 $ 10,000.00 $ 8,850.37 $ 8,850.37 $ 6,000.00 $ 6,000.00 C4 Construction Permits LS 1 $ 4,500.00 $ 4,500.00 $ 4,720.00 $ 4,720.00 $ 2,835.00 $ 2,835.00 $ 4,000.00 $ 4,000.00 SUBTOTAL PART C - GENERAL (Items C1 thru C4) $ 67,372.75 $ 28,770.00 $ 54,528.78 $ 52,000.00 BID TABULATION E17060 -JC Elliott Site Improvements Page 1 of 2 TABULATED BY: Ryan Porter ENGINEER: MUNOZ ENGINEERING, LLC BID DATE: Wednesday, April 10, 2019 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TIME OF COMPLETION: 180 CALENDAR DAYS ENGINEER'S ESTIMATE: $ 765,019.13 Part D - ALTERNATE 1 SITE WORK D1 Demo - Tennis Court (Court 2 & 3) SF 12060 $ 2.34 $ 28,165.00 $ 3.91 $ 47,154.60 $ 6.44 $ 77,666.40 $ 1.82 $ 22,000.00 D2 Demo - Chain Link Fence LF 220.5 $ 58.16 $ 12,825.00 $ 42.28 $ 9,322.74 $ 7.66 $ 1,689.03 $ 4.54 $ 1,000.00 D3 Demo - Existing Electrical LS 1 $ 1,436.00 $ 1,436.00 $ 1,321.60 $ 1,321.60 $ 1,617.78 $ 1,617.78 $ 1,000.00 $ 1,000.00 D4 Tennis Net and Ancillaries EA 2 $ 2,000.00 $ 4,000.00 $ 2,655.00 $ 5,310.00 $ 2,027.85 $ 4,055.70 $ - $ - D5 Prop - Electrical, Receptacles, and wiring LS 1 $ 7,662.00 $ 7,662.00 $ 14,319.30 $ 14,319.30 $ 8,631.89 $ 8,631.89 $ 13,000.00 $ 13,000.00 D6 Prop - Concrete Post Tension Slab (Tennis Court) SF 12060 $ 10.27 $ 123,800.00 $ 11.74 $ 141,584.40 $ 11.89 $ 143,393.40 $ 13.93 $ 168,000.00 D7 Prop - Concrete Footing LF 220.5 $ 41.72 $ 9,200.00 $ 64.58 $ 14,239.89 $ 47.00 $ 10,363.50 $ 45.35 $ 10,000.00 D8 Prop - Chain Link Fence with Windscreen Material LF 220.5 $ 47.18 $ 10,402.00 $ 58.91 $ 12,989.65 $ 88.91 $ 19,604.65 $ 49.89 $ 11,000.00 D9 Prop - Chain Link Fence EA 1 $ 1,000.00 $ 1,000.00 $ 1,416.00 $ 1,416.00 $ 1,781.13 $ 1,781.13 $ 1,000.00 $ 1,000.00 D10 Prop -Tennis Court Striping (Court 2 & 3) EA 2 $ 1,050.00 $ 2,100.00 $ 1,888.00 $ 3,776.00 $ 1,013.93 $ 2,027.86 $ 11,000.00 $ 22,000.00 D11 Prop - Tennis Court Surface (Court 2 & 3) EA 2 $ 5,420.00 $ 10,900.00 $ 12,767.60 $ 25,535.20 $ 8,787.36 $ 17,574.72 $ - $ - D12 Alternate 1 Unanticipated Work Allowance LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART D - ALTERNATE 1 SITE WORK (Items D1 thru D12) $ 261,490.00 $ 326,969.38 $ 338,406.06 $ 299,000.00 BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A8) $ 62,099.46 $ 31,510.50 $ 86,785.23 $ 241,000.00 SUBTOTAL PART B - SITE WORK (Items B1 thru B13) $ 167,565.00 $ 216,214.03 $ 257,113.22 $ 180,000.00 SUBTOTAL PART C - GENERAL (Items C1 thru C4) $ 67,372.75 $ 28,770.00 $ 54,528.78 $ 52,000.00 SUBTOTAL PART D - ALTERNATE 1 SITE WORK (Items D1 thru D12) $ 261,490.00 $ 326,969.38 $ 338,406.06 $ 299,000.00 TOTAL PROJECT BASE BID (PARTS A THRU D) $ 603,463.91 $ 736,833.29 $ 772,000.00 Item 811 contains 84 and 812 costs, stated within Bid Docs. Item D10 contains D4 and D11 costs, stated within Bid Docs. BID TABULATION E17060—JC Elliott Site Improvements Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: TO: April 29, 2019 Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jim Davis, Director of Asset Management jimd@cctexas.com (361) 857-1901 Laura Garcia, Director of Libraries lauraga@cctexas.com (361) 826-7070 Professional Services Contract Amendment No. 4 Central Library Roof Replacement Bond 2012 and Bond 2018 CAPTION: Motion authorizing the City Manager, or designee, to execute professional services contract Amendment No. 4 with Solka, Nava, Torno, LLC, of Corpus Christi, Texas, in the amount of $75,740 for a total restated fee of $125,030 for Central Library Roof Replacement project. PURPOSE: This provides engineering and design for major improvements to the existing Central Library Roof. BACKGROUND AND FINDINGS: The existing roof of the Central Library was constructed in 1986. The roof system is comprised of approximately 18,000 SF of Spanish clay tiles and 17,000 SF modified bitumen roof (membrane) with gutters, flashing, trim, seams, and other roof materials. Water entered the building's interior in several areas of the library during previous storm events. Hurricane Harvey caused further damage to the roof creating a safety hazard to pedestrians and building occupants due to falling tiles. Pre-existing roof damage was ineligible for FEMA funding. Project No: E12121 1 EP/GH/LH Legistar No.: 19-0592 Rev. 2 — 4/23/2019 The initial project (Phase 1) was approved under Bond 2012. During design it was determined complete restoration exceeded funds available. The project moved forward within available funds only targeting areas in need of immediate repair to mitigate further damage. The project bid in May 2017 with significant cost overruns in the bid items compared to the architect's Opinion of Probable Construction Costs (OPCC). It was determined cost overruns were primarily due to roof access, site restrictions, and safety requirements being disproportional within the limited scope of work. Bids were rejected, and the project was deferred until sufficient funding to complete necessary improvements was secured. Additional funding was approved in Bond 2018 and Facility Certificates of Obligation. New design includes complete restoration of the roof. Approximately 70% of the existing clay tiles will be salvaged and combined with new tiles to minimize cost. All work will be designed to comply with requirements of TDI Windstorm Code and City of Corpus Christi Building Code. This amendment provides for: • Inspection, evaluation and proposed improvements to existing roof -mounted equipment • Design submittals and design review meetings • Revised construction drawings and specifications • OPCC and Bid Phase Services • Construction Administration Phase Services including: o Participation in pre -construction meetings and project progress meetings o Periodic site visits and inspections to ensure compliance with the design requirements • Windstorm design, inspection and certification services ALTERNATIVES: 1. Authorize execution of Amendment. (Recommended) 2. Do not authorize execution of Amendment. (Not Recommended) OTHER CONSIDERATIONS: Solka, Nava, Torno, LLC was selected for this project under RFQ 2012-03 Bond Issue 2012 and CIP Projects. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts; Conforms to FY 2018- 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Asset Management Library Department Project No: E12121 2 EP/GH/LH Legistar No.: 19-0592 Rev. 2 — 4/23/2019 FINANCIAL IMPACT: fl Operating fl Revenue ® Capital n Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 90,600 2,019,400 2,110,000 Encumbered / Expended Amount 90,600 90,600 This item 75,740 75,740 Future Anticipated Expenditures This Project 66,190 66,190 BALANCE 0 1,877,470 1,877,470 Funds: Public Facility Fund 3162 (Bond 2012), Library Fund 3227 (Bond 2018), and Public Facility Certificates of Obligation Fund 3165 COMMENTS: Fund Name: Public Facility 2013 GO Fund 3162 (Bond 2012) Project No. E12121 Central Library Roof Replacement Activity: E12121 -01 -3162 -EXP Account No. 550950 (Professional Services) Sequence No. Public Facility CIP Sequence No.3 RECOMMENDATION: City staff recommend approval of Amendment No. 4 professional services contract with Solka, Nava, Torno, LLC, of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No: E12121 3 EP/GH/LH Legistar No.: 19-0592 Rev. 2 — 4/23/2019 PROJECT BUDGET ESTIMATE E12121 Central Library Roof Replacement Bond 2012, Bond 2018 and Facility Certificates of Obligation FUNDS AVAILABLE: Bond 2012 260,000 Bond 2018 1,000,000 Certification of Obligation 850,000 TOTAL FUNDS AVAILABLE 2,110,000 FUNDS REQUIRED: Construction Fees. TBD Construction (TBD) TBD Contingency (10%) TBD Construction Inspection and Testing Fees. TBD Construction Inspection TBD Construction Phase - Materials Testing Services TBD Design and Geotechnical Fees. 125,030 Amendment No. 4 (Solke, Nava, Torno, LLC) THIS ITEM 75,740 Amendment No. 3 (Solka, Nava, Torno, LLC) 25,490 Amendment No. 2 (Solka, Nava, Torno, LLC) 4,920 Amendment No. 1 (Solka, Nava, Torno, LLC) 1,200 Original Contract (Solka, Nava, Torno, LLC) Preliminary Design 17,680 Reimbursements. 107,500 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 42,200 Engineering Services (Project Mgt/Constr Mgt) 63,300 Misc. (Printing, Advertising, etc.) 2,000 TOTAL $ 232,530 ESTIMATED PROJECT BUDGET BALANCE $ 1,877,470 NUECES BAY 181 PROJECT LOCATION CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI SCALE: N.T.S. LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E12121 Central Library Roof Replacement Bond 2012 and Bond 2018 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Central Library Roof Replacement Bond 2012 and 2018 Council Presentation May 14, 2019 Project Location Corpus Chr sti Engineering SHIP CHANNEL N SCALE: N.T.S. CENTRAL LIBRARY ROOF REPLACEMENT CORPUS CHRISTI BAY Project Vicinity Corpus Chr'sti Engineering Project Scope Corpus Chr'sti Engineering This amendment provides for: • Inspection, evaluation and proposed improvements to existing roof -mounted equipment • Design submittals and design review meetings • Revised construction drawings and specifications • OPCC and Bid Phase Services • Construction Administration Phase Services including: o Participation in pre -construction meetings and project progress meetings o Periodic site visits and inspections to ensure compliance with the design requirements • Windstorm design, inspection and certification services Project Schedule Corpus Chr'sti Engineering 2019 2020 M J J ASONDJ FMAMJ J A s 0 N sign Bid Construction Projected Schedule reflects City Council award in May 2019 with anticipated completion in November 2020. Central Library Roof Replacement Corpus Chr sti Engineering QUESTIONS? Site Photos Corpus Chr sti Engineering Protective Scaffolding LA RETAMA CENTRAL LIBRARY Broken Tiles klMtVw A&sv Site Photos Corpus Chr sti Engineering Deteriorated Roof Joint Deteriorated Roof Joint Site Photos Corpus Chr sti Engineering Detached Coping Water Infiltration Area Site Photos Corpus Chr'sti Engineering Floor Along Exterior Wall Exit Door in Second Floor CITY OF CORPUS CHRISTI AMENDMENT NO. 4 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT: E12121 CENTRAL LIBRARY ROOF REPLACEMENT 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 Solka, Nava, Torno, LLC, a Texas corporation, 6262 Weber Road, Suite 310, Corpus Christi, Nueces County, Texas 78413-4031, (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 10 EXHIBITS Contract for Professional Services Page 1 of 12 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. Contract for Professional Services Page 2 of 12 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. 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 $75,740.00 for a total restated fee not to exceed $125,030.00. 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 in compliance with the Texas Prompt Payment Act. Contract for Professional Services Page 3 of 12 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 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). Contract for Professional Services Page 4 of 12 /1.2 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 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 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 Work 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 Contract for Professional Services Page 5 of 12 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 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 Contract for Professional Services Page 6 of 12 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. 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. Contract for Professional Services Page 7 of 12 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 (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. Contract for Professional Services Page 8 of 12 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 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. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transferor 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. 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-disclosu re/index. Contract for Professional Services Page 10 of 12 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. 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. 13.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI SOLKA, NAVA, TORNQ, LLC Jeff H. Edmonds, P. E. Date -smo Nava Director of Engineering Services AIA, President 6262 Weber Road, Suite 310 Corpus Christi, TX 78413-4031 APPROVED AS TO LEGAL FORM (361) 854-4031 Office enava@sntarchitects.com Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Date Contract for Professional Services Page 11 of 12 Accounting Unit: 3162-191 Account: 550950 Activity: E12121 -01 -3162 -EXP Account Category: 50950 Fund Name: PublFac 2013 GO Amount: $75,740.00 Contract for Professional Services Page 12 of 12 SOLKAIDIL\TORNOP RN f MPTIMC is 6262 Weber Rd. Suite 310 Corpus Christi, Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchitects.com April 4, 2019 Eliborio Pena, PE, MS Engineer IV - Facilities Project Manager Engineering Services Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: Project E12121 Central Library Roof Replacement NE Services Proposal (Re -Engage Contract) Dear Mr. Pena, SolkaNavaTorno, LLC proposes to provide Architectural/Engineering Services for the completion of the design, bidding and construction administration phases for the subject project (Amendment 4) in accordance with City Standards, as outlined in the Standard Professional Services Agreement for the total fixed fee amount of $75,740.00. A/E design was previously completed to 60% status prior to being placed on "HOLD". As discussed, the project scope will include the salvage and reinstallation of the existing Spanish Clay Tile Mansard Roofing System, the removal and replacement of the existing low -slope gravel -surfaced coal tar pitch roof membrane and flashing system along with all existing roof -mounted mechanical equipment and the repair of the existing internal gutter drainage system. The work will be designed to comply with requirements of the TDI Windstorm Code and the International Energy Conservation Code (IECC) as required by the City of Corpus Christi Building Code. The 60% Design Submittal Estimate of Probable Construction Cost for the total project scope which includes the previously authorized Gutter Replacement project is $1,750,000.00 (Refer Option 2 Cost Estimate from the Central Library Emergency Roof Storm Damage Assessment Report dated September 20, 2017. The project is intended to be bid according to City of Corpus Christi Engineering Department procurement standards. Primary bidding and construction administration services will be managed by the City of Corpus Christ with assistance by the NE. Exhibit A Page 1 of 5 Following is a general breakdown of the proposed A/E Services and Fee by deliverable category in order to advance the project from 60% to Final Completion: A. Additional edits to City Standard "Front End" documents for Re -Engage Scope of Work $ 800.00 B. Provide Technical Specifications edited to specific project requirements. Refer to the Specification Index attached $ 6,400.00 C. Provide additional field investigation and confirmation of existing conditions for Re -Engage Contract $ 1,200.00 D. Provide 90% 100% and Final Design Review Submittals (Assume previous 60% Design Review is acceptable) $ 8,000.00 1. Provide Engineering Letter Reports 2. Provide Engineering Opinion of Probable Construction Costs 3. Provide Design Review Check Lists 4. Provide Design Review Comment Responses 5. Attend and Document Design Review Meetings E. Complete Design Drawings and Details from 60% Submittal (Anticipate Twenty Sheets Total — Refer to attached proposed Drawing Index) $10,800.00 Subtotal Re -Engage Project Architectural Design Phase $27,200.00 F Provide A/E Services during Bidding, Approval and Contracting Phase $ 4,000.00 1. Respond to Bidder Inquiries. 2. Prepare Addendums if required. 3. Attend Pre -Proposal Conference and Site Visit. 4. Solicit interest from qualified local and out of town Contractors. 5. Attend Bid Opening. 6. Assist Engineering Staff in review of proposals received, analysis of Contractor qualifications and recommendation for award. Exhibit A Page 2 of 5 G. Provide A/E Services During Construction Phase $24,240.00 1. Attend and document Pre -Construction Conference 2. Attend and document Pre -Installation Conferences with G.C. and subcontractors: a. Demolition b. Spanish Clay Tile Roofing c. Low -slope roofing d. Internal gutter repair (PMMA membrane) e. Retrofit roof drains f. Mechanical equipment replacement 3. Complete City Monthly Status Reports. 4. Review monthly Contractor Pay Requests and time reports. 5. Review Contractor submittals. 6. Attend and document bi-weekly Project Status meetings and on-site project status observations. 7. Prepare written and photographic Field Reports for all site visits. 8. Participate in project final inspection. 9. Participate in project close-out. 10. Prepare electronic as -built drawings. Subtotal Basic Architectural Services $28,240.00 H. Consultant Engineering Services 1. Windstorm Engineering and Inspection (MGM Engineering) $16,000.00 a. Attend Construction Meetings. b. Respond to Contractor Questions. c. Review Related Submittal data. d. Perform periodic windstorm inspections on-site. e. Prepare windstorm inspection documentation. f. File necessary WPI forms to Texas Department of Insurance for Certification. 2. Mechanical Engineering and Inspection (NRG Engineering) $4,300.00 a. Survey existing equipment and conditions with regards to the roof replacement. b. Design the replacement of multiple exhaust fans, boiler flue and fresh air intakes located on the roof with new windstorm rated equipment. c. Electrical will be indicated to disconnect and reconnect existing equipment. d. Design the refurbish/replacement of existing roof drains located on the roof. e. MEP Specifications will be provided in 8-1/2 x 11 inch book format. Exhibit A Page 3 of 5 f. Review Contractor submittals. g - Interim and Final Inspections as required. Subtotal Special Engineering Services Total Architectural and Engineering Services Fee Proposed for Re -Engage Project Contract (Amendment No. 4) Previously authorized NE Services Fee for Original Contract including Amendments #1, #2 and #3 Total Proposed (Amendment No. 4) and previously Authorized NE Services Fee for complete Original and Re -Engage Contract SolkaNavaTorno, LLC appreciates the opportunity to provide NE important renovations to this prominent City facility. We believe special skills and relevant experience to make this project a success conditions and budget limitations. Please call or contact us if you need further clarification of this Proposal. Sincerely yours, Erasmo Nava, AIA President Page 4 $20,300.00 $ 75,740.00 $49,290.00 $125,030.00 Services for these that we have the despite the difficult have questions or J:\1307.01_Re-Engage Contract (Formerly 1802)\124\LETTER 040119.docx Erasmo Nava, AIA Glen Ray Torno, AIA Jay Porterfield, AIA Exhibit A Page 4 of 5 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Admin Phase Subtotal Basic Services Additional Services: Permit Prepartion Topographic Survey ROW Acquisition Survey Environmental Issues Public Meetings Construction Observation Traffic Control Signalization Improvements Warranty Phase Construction Inspection (T&M) Platting Survey O & M Manuals SCADA Windstorm Engineering MEP Engineering Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total Authorized Fees CENTRAL LIBRARY ROOF REPLACEMENT (BOND 2012) CITY PROJECT NO. E12121 SUMMARY OF FEES Original Contract Amend No. 1 Amend No. 2 Amend No. 3 Amend No. 4 (Proposed) Total Contract $2,652.00 $1,200.00 $1,200.00 $5,052.00 $10,608.00 $1,200.00 $4,920.00 $18,400.00 $26,000.00 $61,128.00 $884.00 $4,000.00 $4,884.00 $3,536.00 $24,240.00 $27,776.00 $17,680.00 $1,200.00 $4,920.00 $19,600.00 $55,440.00 $98,840.00 $0.00 $0.00 $0.00 $1,210.00 $1,210.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,840.00 $16,000.00 $19,840.00 $840.00 $4,300.00 $5,140.00 $0.00 $0.00 $0.00 $5,890.00 $20,300.00 $26,190.00 $17,680.00 $1,200.00 $4,920.00 $19,600.00 $55,440.00 $98,840.00 $0.00 $0.00 $0.00 $5,890.00 $20,300.00 $26,190.00 $17,680.00 $1,200.00 $4,920.00 $25,490.00 $75,740.00 $125,030.00 Admin Approval Admin Approval Admin Approval Admin Approval Pending Oct. 5, 2016 May 4, 2017 Sept. 8, 2017 Mar. 26, 2018 Exhibit A Page 5 of 5 Company Name Billing Contact Info Basic Services: Preliminary Phase Design Phase Bid Phase Construction Admin Phase Subtotal Basic Services Additional Services: Permit Prepartion Topographic Survey ROW Acquisition Survey Environmental Issues Public Meetings Construction Observation Traffic Control Signalization Improvements Warranty Phase Construction Inspection (T&M) Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Original Contract Amend No. 1 COMPLETE PROJECT NAME City Project No. XXXX Invoice No. 12345 Invoice Date: MM/DD/YYYY Billing Period: From X)000( to YYYYY Amend No. 2 Total 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 $5,000.00 $0.00 $0.00 $5,000.00 $1,000.00 $0.00 $0.00 $1,000.00 $500.00 $0.00 $0.00 $500.00 $1,200.00 $0.00 $0.00 $1,200.00 $10,000.00 $0.00 $0.00 $10,000.00 $0.00 $5,000.00 $0.00 $5,000.00 $0.00 $0.00 $1,000.00 $1,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $5,000.00 $5,000.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $19,700.00 $6,120.00 $6,000.00 $31,820.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $19,700.00 $6,120.00 $6,000.00 $31,820.00 $25,700.00 $7,120.00 $7,250.00 $40,070.00 Current Invoice Previous Invoice Total Invoiced $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 $1,000.00 $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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). Sample form for: Payment Request AE Contract Revised 11/30/18 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 0.3% 30.3("70- $1,500.00 $1,500.00 25.0% $5,000.00 0.0% $1,000.00 0.0% $500.00 0.0% $1,200.00 0.0% $10,000.00 0.0% $5,000.00 0.0% $1,000.00 0.0% $1,120.00 0.0% $5,000.00 0.0% TBD TBD TBD TBD TBDI TBD $31,320.00 1.6% $5,750.00 30.3% $31,320.00 1.6% $37,070.00 7.5% EXHIBIT "B" Page 1 of 1 EXHIBIT C 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 (001) 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 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. Exhibit C Page 1 of 2 All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit C Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: TO: April 23, 2019 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 Professional Services Contract Amendment No. 1 Laguna Madre Wastewater Treatment Plant Rehabilitation (Capital Improvement Program) CAPTION: Motion to authorize execution of Amendment No. 1 to a contract for professional services with Urban Engineering of Corpus Christi, Texas in the amount of $392,210 for a total restated fee of $419,070 for the Laguna Madre Wastewater Treatment Plant Rehabilitation project. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional services contract amendment for engineering and design of a comprehensive rehabilitation of Laguna Madre Wastewater Treatment Plant (WWTP). BACKGROUND AND FINDINGS: Laguna Madre WWTP is located along the Laguna Madre at the end of Jester St. on the east side of Flour Bluff. The WWTP was constructed in 1971 with a capacity of 0.5 MGD and the last major expansion in 1983 increased treatment capacity to 3 MGD and 9 MGD Peak flow. The existing equipment is beyond its service life and economical maintenance. Critical improvements are required for safety of plant operators and continued compliance with Texas Commission on Environmental Quality (TCEQ) Standards. This proposed project rehabilitates structures and Project No: 18086A 1 PM/CJ Legistar No.: 19-0606 Rev. 4 — 4/23/2019 replaces equipment in the lift station, aeration basins, clarifiers, belt press and other treatment structures. The scope includes building improvements to the operations building, digester blower building and other existing structures. An initial small engineering contract provided a preliminary condition assessment and cost estimate for the existing WWTP structures and equipment. This amendment provides for more detailed site investigations, analysis of existing systems and investigation of new technology for new treatment equipment. Based on the results, the engineer will prepare required construction documents for bidding and construction phase support services. A summary of the engineering task includes: • Prepare detailed construction documents for structural, electrical, mechanical, operational, and miscellaneous improvements • Evaluate and recommend rehabilitation of structures and replacement of equipment for the lift station, aeration basins, belt press, chlorine contact chamber, sludge waste system, sludge concentrator and sludge holding tank • Investigate new technology to improve operational efficiency and treatment • Structural evaluations and recommendations of existing buildings, equipment and systems • Evaluate and recommend improvements to various buildings including operations building, digester blower building, maintenance building and a new office building • Conduct design review workshops with staff • Bid phase support for addendum, pre-bid meeting and contractor bid evaluation assistance • Provide construction administration and technical support • Prepare and submit to City final As -Built drawings ALTERNATIVES: 1. Authorize execution of Amendment. (Recommended) 2. Do not authorize execution of Amendment. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected for this project through Request for Qualifications No. 2017-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2018- 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department Project No: 18086A 2 PM/CJ Legistar No.: 19-0606 Rev. 4 — 4/23/2019 FINANCIAL IMPACT: ❑ Operatin ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 1,000,000 4,600,000 5,600,000 Encumbered / Expended Amount 26,860 26,860 This item 392,210 392,210 Future Anticipated Expenditures This Project 281,500 281,500 BALANCE 299,430 4,600,000 4,899,430 Fund(s): Wastewater Fund 4252 Comments: Fund Name: Wastewater Fund 4252 (2013 Rev Bd) Activity: 18086 -A -4252 -EXP 550950 Account No. 550950 (Professional Services) Project No. 18086A Laguna Madre Wastewater Treatment Plant Rehabilitation. Sequence No. Wastewater CIP Sequence #18 RECOMMENDATION: City staff recommends approval of Amendment No. 1 to a professional services contract with Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 Project No: 18086A 3 PM/CJ Legistar No.: 19-0606 Rev. 4 — 4/23/2019 PROJECT BUDGET ESTIMATE Laguna Madre Wastewater Treatment Plant Rehabilitation (Capital Improvement Program) PROJECT FUNDS AVAILABLE: Wastewater CIP 5,600,000 TOTAL FUNDS AVAILABLE 5,600,000 FUNDS REQUIRED: Construction Fees. TBD Construction (TBD) TBD Contingency (10%) TBD Construction Inspection and Testing Fees* TBD Construction Inspection TBD Construction Phase - Materials Testing Services TBD Design and Geotechnical Fees. 419,070 Amendment #1 (Urban Engineering) THIS ITEM 392,210 Original Contract (Urban Engineering) 26,860 Reimbursements. 281,500 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)112,000 Engineering Services (Project Mgt) 168,000 Misc. (Printing, Advertising, etc.) 1,500 TOTAL 700,570 ESTIMATED PROJECT BUDGET BALANCE 4,899,430 sv NUECES BAY 181 CORPUS CHRISTI LEOPARD SHIP CHAN z 0 O 358 z %94 CORPUS CHRISTI BAY 4 p SCALE: N.T.S. Project Location TEXAS A&M UNIVERSITY CORPUS CHRISTI Project Number: 18086A Laguna Madre Wastewater Treatment Plant Rehabilitation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Ilr Corpus Crrr sti Engineering Laguna Madre Wastewater Treatment Plant Rehabilitation Council Presentation May 14, 2019 Project Location Corpus Chir sti Engineering SCALE: N.T.S. CORPUS CHRISTI BAY Laguna Madre WWTP Rehabilitation Improvements mos klM UNNFRSIIY CORPUS corms 1 2454 IAnUNA 2 Project Vicinity Corpus Chr sti Engineering Laguna Madre WWTP Rehabilitation Improvements Project Scope Corpus Chir sti Engineering Comprehensive rehabilitation to implement critical improvements for the safety of plant operators and continued compliance with TCEQ Standards as summarized below: • Prepare construction documents for structural, electrical, mechanical, operational, and miscellaneous improvements • Evaluate and recommend the rehabilitation/replacement of equipment for lift station, aeration basins, belt press, chlorine contact chamber, sludge waste system, sludge concentrator and sludge holding tank • Investigate new technology to improve operational efficiency and treatment • Structural evaluations and recommendations of existing buildings, equipment and systems • Conduct design review workshops with staff • Bid phase support for addendum, pre-bid meeting and contractor bid evaluation assistance • Provide construction administration and technical support • Prepare and submit to City final As -Built drawings Project Schedule Corpus Carr sti Engineering 2019 2020 2021 M J J A s 0 N D Design J F M Bid / Award A M J J A s 0 N D J F M A Construction Projected Schedule reflects City Council award in May 2019 with construction completion in April 2021. CITY OF CORPUS CHRISTI Amendment No. 1 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18086A - Laguna Madre Wastewater Treatment Plant Rehabilitation 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 Urban Engineering, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404 (Consultant), hereby agree as follows: ARTICLE NO. TITLE TABLE OF CONTENTS 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 1 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 2 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 $392,210.00 for a total amount not to exceed $419,070.00. 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 in compliance with the Texas Prompt Payment Act. 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 3 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 ygars bcginning on the Effcctivc Datc. The Agrccmcnt may bo 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 approvcd 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 4 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 Work 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 5 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 6 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 maybe 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) (2) (3) Summary of facts with supporting documentation; Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; Calculation of non -value added work costs incurred by the City; and Contract for Professional Services Page 7 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 8 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 9 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.eth ics.state.tx. us/lega 1/ch46 . htm I. 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 10 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. 13.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI URBAN ENGINEERING Jeff H. Edmonds, P.E. Date Jim L. Urban, P.E. Date Director of Engineering Services 2725 Swantner Drive Corpus Christi TX 78404 (361) 854 - 3101 Office jimu@urbaneng.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Unit Account No. Activity No. Amount WW2013 Rev Bond 4252-042 550950 18086 -A -4252 -EXP $392,210.00 Total $392,210.00 Contract for Professional Services Page 11 of 11 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LAGUNA MADRE WWTP 2019 REHABILITATION PROJECT NO. 18086A I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. b) Provide scope of geotechnical testing requirements to the Geotechnical Sub -Consultant. c) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Electrical field investigation, coordination with vendors and preliminary calculations. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the Laguna Madre WWTP. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". c) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff EXHIBIT A Page 1 of 6 for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre -final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. EXHIBIT A Page 2 of 6 c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The NE will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being EXHIBIT A Page 3 of 6 done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. NE may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The NE shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey/Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT A Page 4 of 6 3. New Office Windstorm Certification. Provide engineering services to obtain windstorm certification on the new Office Building including preparation of a WPI -1. The building will be inspected during the construction phase by a Texas Licensed Professional Engineer approved by the Texas Department of Insurance. At completion of the construction provide a WPI -2 -BC -5 Inspection Verification Form and obtain the WPI -8 Windstorm Certificate. 4. Submerged Launder Investigation, Design and Specifications. Investigate the new submerged effluent launder technology for replacing the existing metal weir troughs in the Clarifiers and provide recommendations to City Staff. Either design the metal trough replacement using the submerged launder or design new concrete troughs and adding a fiberglass cover (to reduce algae growth). Either method will require structure analysis of the existing concrete wall and mounting of the new trough method. 5. Prepare Conformed Contract Documents. Prepare and provide conformed contract documents (plans and specifications) after bid date for City Staff to issue at Pre -Construction Meeting. The original bid issued documents will be conformed by adding additional information and/or revisions made by the addendums issued prior to the bid date. Conformed revisions will be indicated on the revised documents. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 11. SCHEDULE 111. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all EXHIBIT A Page 5 of 6 Date Activity NTP 14 Weeks from NTP 60% Design Submittal 17 Weeks from NTP City Review 25 Weeks from NTP 100% Design Submittal 28 Weeks from NTP City Review 31 Weeks from NTP Final Submittal 33 Weeks from NTP Advertise for Bids 35 Weeks from NTP Pre -Bid Conference 37 Weeks from NTP Receive Bids 44 Weeks from NTP Contract Award 49 Weeks from NTP Begin Construction TBD Complete Construction 111. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all EXHIBIT A Page 5 of 6 services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees Admin Approval *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT A Page 6 of 6 Original Contract Amendment No. 1 Total Fee for Basic Services 1. Preliminary Phase $26,860.00 $15,220.00 $42,080.00 2. Design Phase $266,600.00 $266,600.00 3. Bid Phase $11,905.00 $11,905.00 4. Construction Phase $68,225.00 $68,225.00 Sub -Total Basic Services Fees $361,950.00 $388,810.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) $0.00 $0.00 2. ROW Acquisition Survey $0.00 $0.00 3. Topographic Survey\Field Investigation $3,000.00 $3,000.00 4. Construction Observation Services $0.00 $0.00 6. Start-up Services $0.00 $0.00 7. Warranty Phase $3,800.00 $3,800.00 8. New Office Windstorm Certification $9,040.00 $9,040.00 9. Investigate, Design & Spec Submerged Launder Technology for Clarifiers $9,480.00 $9,480.00 8. Prepare Conformed Contract Documents $4,940.00 $4,940.00 Sub -Total Additional Services Fees $30,260.00 $30,260.00 Total Authorized Fee $392,210.00 $419,070.00 Admin Approval *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT A Page 6 of 6 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS LAGUNA MADRE WWTP 2019 REHABILITATION PROJECT NO. 18086A TASK LIST 1 Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Investigate the new submerged effluent launder technology for replacing the existing metal weir troughs in the Clarifiers and provide recommendations to City Staff. Either design the metal trough replacement using the submerged launder or design new concrete troughs and adding a fiberglass cover (to reduce algae growth). Either method will require structure analysis of the existing concrete wall and mounting of the new trough method. 3. Design the following improvements as outlined in more detail in the Engineering Letter Report dated December 14, 2018: • Construct approx. 22'x25'new Office Building with two offices and breakroom. • Office Building: Modify and renovate the existing building, includes the following: 1. Convert existing office and lab room into one larger laboratory room. 2. Replace existing roofing and interior floor tile. 3. Refurbish existing walls, ceiling tiles and restrooms. 4. Replace existing painted over windows. • Digester Blower Building: Renovate building including replacing existing windows and overhead coiling door. • Maintenance Building: Renovate building including replacing existing overhead coiling doors and providing storm shutters for existing windows. • Plant Lift Station: Renovate building, including replacing existing roofing and windows and coating existing ceiling. • Influent Structure: Provide new influent flow meter, provide concrete curb at grit pumps and replace dumpster barrier walls. • Aeration Basins: Modify and renovate the existing basins, includes the following: 1. Drain and clean out all three existing basins. 2. Replace existing fine bubble diffusers with new diffuser membranes. 3. Replace all corroded walkway supports. 4. Replace all butterfly gates in troughs with new slide gates. 5. Provide flow meters to measure RAS. EXHIBIT A-1 Page 1 of 2 • Clarifiers: Replace existing scrape equipment completely. Existing metal effluent troughs will be removed and either replaced with new concrete troughs or with new emerging technology of a submerged effluent launder (see Item No. 2 above). If open top concrete troughs are used then they will also be provided with fiberglass covers to help control algae growth in the troughs. • Chlorine Contact Chamber: Remove four existing inoperable drain valves on the west side and re -configure piping to add cleanouts and provide one master drain valve in an access manhole. • Sludge Waste System: Convert from wasting from the Aeration Basins to wasting from the Clarifier RAS by removing existing airlift pump and installing new WAS wasting system with actuated control valve and piping. • Pre -Thickener: Provide repairs, clean and recoat the scrapper equipment and replace existing airlift pumps with submersible pumps. • Aerobic Digester: Replace existing manual operated slide gates with gear operated gates. • Sludge Concentrator (Post Thickener): Replace existing metal fabricated concentrator completely and replace existing airlift transfer pump with new submersible pump. • Sludge Holding Tank (at Digester): Add sludge flow meter on pump discharge piping and add handrail around the top of the tank. • Belt Press Building: Modify and renovate the existing building, includes the following: 1. Remove and replace existing belt filter press with a new disc screw press. 2. Remove existing polymer batch system completely and provide new polymer mix unit. 3. Clean and coat corroding metal items and the ceiling on 2nd floor. 4. Provide hoist and trolley repairs. • Miscellaneous: Includes the following: 1. Provide permanent landing/step at east end of Elect. Control Room. 2. Replace all inoperable buried valves, provide new valves in a manhole. 3. Replace all damaged and/or corroded handrails around the plant. 4. Clean and coat piping at the non -potable water pumps. 5. Sludge Tank: Replace existing ladder with stairs. 6. Provide concrete housekeeping pads under various piping around the plant. 4. Electrical design improvements to provide power and control to the new equipment and new flow meters and to refurbish the existing power and control to equipment being replaced. 5. Electrical design improvements to replace/refurbish the existing area lighting system around the Chlorine Contact Chamber. EXHIBIT A-1 Page 2 of 2 O E Q) O Et E Q m E E (0 >, co co fl U c 0 U W COMPLETE PROJECT NAME Revised 02/01/17 X Ln X Xr z z V d .V O > a_ Invoice Date 01/01/2017 f4 O H w 0 0 ca) m .� O c > U c N 0 Z 0 Z E 0 O U Basic Services: 0 0 0 0 0 25.0%I 0 0 TBDI TBDI TBDI 10.5% 0 10.5%I 23.1% O O O O co O O O co O O O O O $0.00 O O O O O LC) O O CO O O 00 ft O Cr) N- 0 E9 E9 0 0 EA 0 69 00000 0 0 O O O O O O O O O TBD TBD TBD $4,247.00 O 0 0 0 O O O O O O O O O O O O O O O O O O 0 09 O O 0 00 © f. N- E!? O f- O� O� N- (D f• --N 0) M Lf) 000009 $1,000.00 L() 4. 0 TBD 69- TBD 09 E9 $1,120.00 09- 09 E9 0 09 09 09 O O O r 09 O O LL) r 09 O O O O O O LC) N Ef} O 0 (C) H? O 0 O 0 TBDI TBDI TBDI 100.000$ O O LC) N 09 100.000$ O O © M Ef} O O O O $0.00 O O $0.00 O TBD TBD TBD $0.00 O $0.00 O O O O O O O O O O O 00 ft O 09 0 E9 0 E9 E9 0 0 EA 0 69 00000 0 ti o O O O TBD TBD TBD O O O O O O O O O O O O O O O O 0 0 0 0 09 0 o 0 O 0 09 0 E9 0 O 0 00 0 O 0 O69- r 69 o r 09 r 09 E9 EA 69 0 0 o O r EA 0 0 o O M EA 0 0 0 ti te 0 0 o Ln M EA 0 0 o N 00 EA 0 0 o 0 N EA 0 0 o r r EA 0 0 ti 01 CO r EA TBD TBD TBD $4,747.001 $8,250.00 $4,747.00 0 0 00) N r EA O O O O O 0 0 0 TBD TBD TBD O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 ti o r` 69- 69- LC) O LC) EA 09- N N LC) N r - N O N CD(D N C0 00 r r EA r 09 r 69 r 09 r 09 N 69 000009 $1,000.00 O $1,120.00 O TBD TBD TBD O O $1,120.00 O 0 0 0 0 O O o O O Ef} O Ef} Ef} Ef} Ef} N O N 0r r 09- r 09 0 r ua r N to 0o o O 00.005$ $2,500.00 o O 0 o TBD TBD TBD O o $2,000.00 0 0 0 0 tn 0 0 0 OO r N O (0 O N O N O C0 O Ef} Ef} 09 09 69 09 09 Preliminary Phase Design Phase a) L 0 Construction Phase Subtotal Basic Services Additional Services: 0) m 0 Warranty Phase O 0 a) 0 c Platting Survey 0 & M Manuals O U U) Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Q) Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 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 1 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 2 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. 3 Rev 04/ 17 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. 1. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 — SUSPENSION OF WORK AND TERMINATION ARTICLE 19 — PROJECT MANAGEMENT ARTICLE 20 — PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21— QUALITY MANAGEMENT ARTICLE 22 — FINAL RESOLUTION OF DISPUTES ARTICLE 23 — MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 — DOCUMENT MANAGEMENT ARTICLE 25 — SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 — RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27 — CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 — VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 — EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 — MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 rr�rr� 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 definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Depai huent (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: TO: April 10, 2019 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 Construction Contract City -Wide Wastewater Indefinite Delivery/Indefinite Quantity (IDIQ) Program 2019 (Wastewater Operational) CAPTION: Motion to authorize execution of an IDIQ construction contract with PM Construction & Rehab LLC, dba IPR South Central of Pasadena, Texas in the amount of $10,000,000 per year for a total not to exceed $30,000,000 for three years for the City -Wide Wastewater IDIQ 2019 project for base bid plus additive alternate No. 1. This is a one (1) year base contract with two (2) one-year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. PURPOSE: The purpose of this agenda item is to obtain authority to execute the IDIQ construction contract to implement wastewater pipeline improvements for the base year. BACKGROUND AND FINDINGS: This is an indefinite delivery, indefinite quantity (IDIQ) contract. IDIQ contracts began to be widely used by the federal government 30 years ago. IDIQ contracts now comprise most of the federal government's contracting. The City began using IDIQ contracts for repetitive construction work nearly 15 years ago. On IDIQ contracts, bid quantities are estimated based on project budget and the anticipated pay item distribution. Actual work is issued to contractor via Delivery Orders (DO's) which contain drawings and detailed estimates of required pay item quantities for each site. Project No.: 18157A 1 SG/CJ/LH Legistar No.: 19-0609 Rev.2 — 5/10/2019 In 2013, City staff initiated the first City -Wide Wastewater Collection System ID/IQ Program to re- capitalize aging wastewater infrastructure and to reduce wastewater overflows and infiltration. The citywide Wastewater IDIQ program is long-term initiative to make needed repairs to the wastewater collection system. The work covered under this contract is also work that will be required by the anticipated Consent Decree. The scope of work includes rehabilitation and replacement of manholes, gravity collection lines, and force mains by open -cut method, cured -in-place pipe, and pipe bursting for lines up to 36 -inches in diameter. The work also includes gravity line point repairs, static pipe bursting through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, temporary traffic controls and other miscellaneous activities. This construction contract was developed as a multi-year IDIQ with a 1 -year base period with two 1 - year renewal options. Bidders were required to submit unit prices for each construction activity that will be used for subsequent DO's. All work will be executed through individual DO's in accordance with plans, specifications, and contract documents prepared by the City. The contractor will be compensated based on actual units of work completed and the unit prices in his bid schedule. The project was developed with a Base Bid with full scope of services and limited ground water "static pipe bursting activities". Additive Alternate No. 1 included pay items for static pipe bursting in areas with high ground water such as Padre Island and Flour Bluff. The project was planned, programmed and advertised with an annual award amount of up to $10,000,000. The intent is to execute work at a sufficient rate to achieve the full contract amount. The contractor is not guaranteed a minimum or maximum amount. Renewal years will be administratively authorized by City Manager, or designee. Renewals will not be authorized unless City Council approves the necessary funding through the annual budget process. On March 27, 2019, the City received proposals from three (3) bidders. A summary of bids is provided below: BID SUMMARY CONTRACTOR BASE BID ADD. ALT. 1 TOTAL BID PM Construction & Rehab LLC, dba IPR South Central Pasadena, Texas $17,249,500.00 $7,566,800.00 $24,816,300.00 CPC Interests dba Clark Pipeline Services Corpus Christi, Texas $20,786,404.35 $12,465,000.00 $33,251,404.35 National Power Rodding Austin, Texas $25,511,000.20 $12,515,988.00 $38,026,988.20 Engineer's Opinion of Probable Cost $30,000,000.00 The City analyzed all three proposals submitted in accordance with contract documents and determined lowest responsive bidder was PM Construction & Rehab LLC, dba IPR South Central. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) Project No.: 18157A 2 Legistar No.: 19-0609 SG/CJ/LH Rev.2 — 5/10/2019 OTHER CONSIDERATIONS: City Council must approve funding in the annual Operating Budget to allow staff to authorize the Option Year renewals and Option Year Delivery Orders. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2019 Wastewater Operational Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 3,500,000 8,196,200 11,696,200 Encumbered / Expended Amount This item 3,300,000 6,700,000 10,000,000 Future Anticipated Expenditures This Project 200,000 1,496,200 1,696,200 BALANCE 0 0 0 Fund(s): Fund(s): Wastewater Operating Fund 4200 Comments: Activity: 18157 -A -4200 -EXP Fund Name: Wastewater Fund 4200 Organization: Wastewater Collection System Org 33400 Account No: 550060 (Infrastructure) Project No: 18157A City -Wide Wastewater ID/IQ 2019 Sequence No: WW 01 RECOMMENDATION: Staff recommends awarding the construction contract to PM Construction & Rehab LLC, dba IPR South Central in the amount of $10,000,000 for the base year. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Project No.: 18157A 3 SG/CJ/LH Legistar No.: 19-0609 Rev.2 — 5/10/2019 PROJECT BUDGET ESTIMATE City -Wide Wastewater IDIQ 2019 (Wastewater Operational) PROJECT FUNDS AVAILABLE: Wastewater Operational Funds 11,696,200 TOTAL FUNDS AVAILABLE 11,696,200 FUNDS REQUIRED: Construction Fees. 11,000,000 Construction (PM Construction & Rehab, LLC, dba IPR South Central) THIS ITEM 10,000,000 Contingency (10%) 1,000,000 Construction Inspection and Testing Fees. 345,000 Construction Inspection (estimate) 300,000 Construction Phase - Materials Testing Services (estimate) 45,000 Design Fees. N/A Engineer (Internal - Water Utilities) N/A Reimbursements. 351,200 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 150,000 Engineering Services (Project Mgt) 200,000 Misc. (Printing, Advertising, etc.) 1,200 TOTAL 11, 696,200 ESTIMATED PROJECT BUDGET BALANCE SCALE: N.T.S. CITYWIDE PROJECT NUECES BAY CORPUS CHRISM RAY AIM NERSITY CIIRISII LOCATION MAP NOT TO SCALE GULF OF EXICO Project Number: 18157A City -Wide Wastewater ID/IQ 2019 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES UTILITIES Maintenance of Lines & Treatment 2726 Holl\ Road Corpus Christi Texas 78415 Phone 361-826-1800 Fax 361-826-1889 www.cctexas.com Gas 4225 S. Port Ave. Corpus Christi Texas 78415 Phone 361-885-6900 Fax 361-853-3200 www.cctexas.com April 5, 2019 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi RE: City -Wide Wastewater ID/IQ 2019 Project No. 18157A Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, March 27, 2019, three (3) bids were received and opened for the above referenced project. All three bidders have successfully submitted documents pertaining to Section 00 45 16 Statement of Experience. The bidders list with their Total Bid Summary (base bid plus additive alternate ) is given below: Contractors PM Construction & Rehab LLC, dba IPR South Central CPC Interests, LLC dba Clark Pipeline Services National Power Rodding Corp. Total Bid Summary $24,816,300.00 $33,251,404.35 $38,026,988.20 The apparent low bidder based on the Total Bid Summary is PM Construction & Rehab LLC, dba IPR South Central. The Utilities Department has reviewed the information required in Section 00 45 16, Statement of Experience of the contract documents that was submitted by PM Construction & Rehab LLC, dba IPR South Central and found no anomalies. In addition to the requirements of Section 00 45 16, PM Construction & Rehab LLC, dba IPR South Central submitted information related to personnel and scheduling for this contract. The information is enclosed for your review. The Utilities Department has analyzed the proposals and documents submitted and has determined that the low bidder meets the specified requirements and recommend that the project be awarded to PM Construction & Rehab LLC, dba IPR South Central in the amount of $10,000,000 for the base contract with two (2) optional one (1) year extensions (contract amount of $10,000,000 for each) subject to availability of funding and satisfactory contractor performance. Enclosed is the project bid tabulation for this project. If you have any questions or need additional information, please contact me at 361-826-1675. Sincerely, / K__-/ Ratna Pottumuthu, P.E. Engineer IV Utilities Department City of Corpus Christi Attachments: 1. Bid Tabulation Cc: Jiangang Deng, P.E., Sylvia Arriaga DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART A: GENERAL Al Mobilization/Bonds/Insurance (Maximum 8%) LS 1 $300,000.00 $300,000.00 $1,508,100.00 $1,508,100.00 $800,000.00 $800,000.00 A2 Remove and Replace <_8" SDR 26 Wastewater Line (0' - 6' Depth) LF 250 $50.00 $12,500.00 $71.47 $17,867.50 $237.60 $59,400.00 A3 Remove and Replace <_8" SDR 26 Wastewater Line (6' - 10' Depth) LF 250 $60.00 $15,000.00 $74.90 $18,725.00 $237.60 $59,400.00 A4 Remove and Replace <_8" SDR 26 Wastewater Line (10' - 14' Depth) LF 250 $70.00 $17,500.00 $79.47 $19,867.50 $283.20 $70,800.00 A5 Remove and Replace <_8" SDR 26 Wastewater Line (14' - 18' Depth) LF 250 $80.00 $20,000.00 $79.47 $19,867.50 $314.40 $78,600.00 A6 Remove and Replace <_8" SDR 26 Wastewater Line (>18" Depth) LF 250 $90.00 $22,500.00 $85.87 $21,467.50 $336.00 $84,000.00 A7 Remove and Replace 10" SDR 26 Wastewater Line (0' - 6' Depth) LF 250 $100.00 $25,000.00 $87.07 $21,767.50 $241.20 $60,300.00 A8 Remove and Replace 10" SDR 26 Wastewater Line (6' - 10' Depth) LF 250 $110.00 $27,500.00 $87.07 $21,767.50 $242.40 $60,600.00 A9 Remove and Replace 10" SDR 26 Wastewater Line (10' - 14' Depth) LF 250 $120.00 $30,000.00 $90.13 $22,532.50 $288.00 $72,000.00 A10 Remove and Replace 10" SDR 26 Wastewater Line (14' - 18' Depth) LF 250 $130.00 $32,500.00 $95.87 $23,967.50 $319.20 $79,800.00 A11 Remove and Replace 10" SDR 26 Wastewater Line (>18' Depth) LF 250 $140.00 $35,000.00 $95.87 $23,967.50 $339.60 $84,900.00 Al2 Remove and Replace 12" SDR 26 Wastewater Line (0' - 6' Depth) LF 250 $150.00 $37,500.00 $101.42 $25,355.00 $247.20 $61,800.00 A13 Remove and Replace 12" SDR 26 Wastewater Line (6' - 10' Depth) LF 250 $160.00 $40,000.00 $101.42 $25,355.00 $248.40 $62,100.00 A14 Remove and Replace 12" SDR 26 Wastewater Line (10' - 14' Depth) LF 250 $170.00 $42,500.00 $104.48 $26,120.00 $290.40 $72,600.00 A15 Remove and Replace 12" SDR 26 Wastewater Line (14' - 18' Depth) 1 LF 250 $180.00 $45,000.00 $110.22 $27,555.00 $319.20 $79,800.00 Page 1 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A16 Remove and Replace 12" SDR 26 Wastewater Line (>18' Depth) LF 250 $190.00 $47,500.00 $115.11 $28,777.50 $339.60 $84,900.00 A17 Remove and Replace 15" SDR 26 Wastewater Line (0' - 6' Depth) LF 250 $200.00 $50,000.00 $118.25 $29,562.50 $258.00 $64,500.00 A18 Remove and Replace 15" SDR 26 Wastewater Line (6' - 10' Depth) LF 250 $210.00 $52,500.00 $123.05 $30,762.50 $258.00 $64,500.00 A19 Remove and Replace 15" SDR 26 Wastewater Line (10' - 14' Depth) LF 250 $220.00 $55,000.00 $127.05 $31,762.50 $300.00 $75,000.00 A20 Remove and Replace 15" SDR 26 Wastewater Line (14' - 18' Depth) LF 250 $230.00 $57,500.00 $131.94 $32,985.00 $328.80 $82,200.00 A21 Remove and Replace 15" SDR 26 Wastewater Line (>18' Depth) LF 250 $240.00 $60,000.00 $141.72 $35,430.00 $474.00 $118,500.00 A22 Remove and Replace 18" PS115 Wastewater Line (0' - 6' Depth) LF 150 $250.00 $37,500.00 $152.18 $22,827.00 $312.00 $46,800.00 A23 Remove and Replace 18" PS115 Wastewater Line (6' - 10' Depth) LF 150 $260.00 $39,000.00 $161.96 $24,294.00 $313.20 $46,980.00 A24 Remove and Replace 18" PS115 Wastewater Line (10' - 14' Depth) LF 150 $270.00 $40,500.00 $161.96 $24,294.00 $316.80 $47,520.00 A25 Remove and Replace 18" PS115 Wastewater Line (14' - 18' Depth) LF 150 $280.00 $42,000.00 $176.62 $26,493.00 $326.40 $48,960.00 A26 Remove and Replace 18" PS115 Wastewater Line (>18' Depth) LF 150 $290.00 $43,500.00 $191.29 $28,693.50 $499.20 $74,880.00 A27 Remove and Replace 24" PS115 Wastewater Line (0' - 6' Depth) LF 150 $300.00 $45,000.00 $195.69 $29,353.50 $348.00 $52,200.00 A28 Remove and Replace 24" PS115 Wastewater Line (6' - 10' Depth) LF 150 $310.00 $46,500.00 $209.44 $31,416.00 $348.00 $52,200.00 A29 Remove and Replace 24" PS115 Wastewater Line (10' - 14' Depth) LF 150 $320.00 $48,000.00 $214.02 $32,103.00 $384.00 $57,600.00 A30 Remove and Replace 24" PS115 Wastewater Line (14' - 18' Depth) LF 150 $330.00 $49,500.00 $225.31 $33,796.50 $384.00 $57,600.00 A31 Remove and Replace 24" PS115 Wastewater Line (>18' Depth) LF 150 $340.00 $51,000.00 $250.69 $37,603.50 $536.40 $80,460.00 Page 2 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A32 Remove and Replace 30" PS115 Wasetwater Line (0' - 6' Depth) LF 150 $350.00 $52,500.00 $244.55 $36,682.50 $446.40 $66,960.00 A33 Remove and Replace 30" PS115 Wasetwater Line (6' - 10' Depth) LF 150 $360.00 $54,000.00 $256.77 $38,515.50 $426.00 $63,900.00 A34 Remove and Replace 30" PS115 Wasetwater Line (10' - 14' Depth) LF 150 $370.00 $55,500.00 $268.05 $40,207.50 $462.00 $69,300.00 A35 Remove and Replace 30" PS115 Wasetwater Line (14' - 18' Depth) LF 150 $380.00 $57,000.00 $293.44 $44,016.00 $466.80 $70,020.00 A36 Remove and Replace 30" PS115 Wasetwater Line (>18' Depth) LF 150 $390.00 $58,500.00 $320.94 $48,141.00 $616.80 $92,520.00 A37 Remove and Replace 36" PS115 Wastewater Line (0' - 6' Depth) LF 100 $400.00 $40,000.00 $302.46 $30,246.00 $511.20 $51,120.00 A38 Remove and Replace 36" PS115 Wastewater Line (6' - 10' Depth) LF 100 $410.00 $41,000.00 $313.75 $31,375.00 $488.40 $48,840.00 A39 Remove and Replace 36" PS115 Wastewater Line (10' - 14' Depth) LF 100 $420.00 $42,000.00 $320.80 $32,080.00 $528.00 $52,800.00 A40 Remove and Replace 36" PS115 Wastewater Line (14' - 18' Depth) LF 100 $430.00 $43,000.00 $329.13 $32,913.00 $534.00 $53,400.00 A41 Remove and Replace 36" PS115 Wastewater Line (>18' Depth) LF 100 $440.00 $44,000.00 $339.13 $33,913.00 $553.20 $55,320.00 A42 Remove and Replace 58" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $53.87 $5,387.00 $68.62 $6,862.00 $240.00 $24,000.00 A43 Remove and Replace 58" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $63.87 $6,387.00 $71.76 $7,176.00 $240.00 $24,000.00 A44 Remove and Replace 58" DR 18 Wastewater Line (10' - 14' Depth) LF 100 $73.87 $7,387.00 $75.95 $7,595.00 $286.80 $28,680.00 A45 Remove and Replace 58" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $83.87 $8,387.00 $75.95 $7,595.00 $318.00 $31,800.00 Page 3 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A46 Remove and Replace 58" Wastewater Line DR 18 Wastewater Line (>18" Depth) LF 100 $93.87 $9,387.00 $81.82 $8,182.00 $338.40 $33,840.00 A47 Remove and Replace 10" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $105.22 $10,522.00 $91.38 $9,138.00 $246.00 $24,600.00 A48 Remove and Replace 10" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $115.22 $11,522.00 $91.38 $9,138.00 $246.00 $24,600.00 A49 Remove and Replace 10" DR 18 Wastewater Line (10' - 14' Depth) LF 100 $125.22 $12,522.00 $94.44 $9,444.00 $292.80 $29,280.00 A50 Remove and Replace 10" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $132.22 $13,222.00 $100.18 $10,018.00 $324.00 $32,400.00 A51 Remove and Replace 10" DR 18 Wastewater Line (>18' Depth) LF 100 $145.22 $14,522.00 $100.18 $10,018.00 $469.20 $46,920.00 A52 Remove and Replace 12" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $157.05 $15,705.00 $107.38 $10,738.00 $256.80 $25,680.00 A53 Remove and Replace 12" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $167.50 $16,750.00 $107.38 $10,738.00 $258.00 $25,800.00 A54 Remove and Replace 12" DR 18 Wastewater Line (10' - 14' Depth) LF 100 $177.05 $17,705.00 $110.44 $11,044.00 $300.00 $30,000.00 A55 Remove and Replace 12" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $187.05 $18,705.00 $116.18 $11,618.00 $328.80 $32,880.00 A56 Remove and Replace 12" DR 18 Wastewater Line (>18' Depth) LF 100 $197.05 $19,705.00 $121.07 $12,107.00 $472.80 $47,280.00 A57 Remove and Replace 16" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $217.67 $21,767.00 $131.85 $13,185.00 $280.80 $28,080.00 A58 Remove and Replace 16" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $227.67 $22,767.00 $140.65 $14,065.00 $280.80 $28,080.00 A59 Remove and Replace 16" DR 18 1 Wastewater Line (10' - 14' Depth) LF 100 $237.67 $23,767.00 $140.65 $14,065.00 $322.80 $32,280.00 Page 4 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A60 Remove and Replace 16" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $247.67 $24,767.00 $145.53 $14,553.00 $352.80 $35,280.00 A61 Remove and Replace 16" DR 18 Wastewater Line (>18' Depth) LF 100 $257.67 $25,767.00 $155.31 $15,531.00 $496.80 $49,680.00 A62 Remove and Replace 18" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $269.30 $26,930.00 $164.43 $16,443.00 $330.00 $33,000.00 A63 Remove and Replace 18" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $279.30 $27,930.00 $174.21 $17,421.00 $332.40 $33,240.00 A64 Remove and Replace 18" DR 18 Wastewater Line (10' - 14' Depth) LF 100 $289.30 $28,930.00 $174.21 $17,421.00 $334.80 $33,480.00 A65 Remove and Replace 18" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $299.30 $29,930.00 $188.88 $18,888.00 $345.60 $34,560.00 A66 Remove and Replace 18" DR 18 Wastewater Line (>18' Depth) LF 100 $309.30 $30,930.00 $203.54 $20,354.00 $517.20 $51,720.00 A67 Remove and Replace 24" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $336.10 $33,610.00 $217.03 $21,703.00 $379.20 $37,920.00 A68 Remove and Replace 24" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $346.10 $34,610.00 $230.78 $23,078.00 $381.60 $38,160.00 A69 Remove and Replace 24" DR 18 Wastewater Line (10' - 14' Depth) LF 100 $356.10 $35,610.00 $235.36 $23,536.00 $415.20 $41,520.00 A70 Remove and Replace 24" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $366.10 $36,610.00 $246.65 $24,665.00 $426.00 $42,600.00 A71 Remove and Replace 24" DR 18 Wastewater Line (>18' Depth) LF 100 $376.10 $37,610.00 $272.03 $27,203.00 $577.20 $57,720.00 A72 Remove and Replace 30" DR 18 Wastewater Line (0' - 6' Depth) LF 100 $406.72 $40,672.00 $288.43 $28,843.00 $493.20 $49,320.00 A73 Remove and Replace 30" DR 18 Wastewater Line (6' - 10' Depth) LF 100 $416.72 $41,672.00 $300.65 $30,065.00 $496.80 $49,680.00 A74 Remove and Replace 30" DR 18 Wastewater Line (10' - 14' Depth) LF 100 $426.72 $42,672.00 $311.93 $31,193.00 $534.00 $53,400.00 Page 5 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A75 Remove and Replace 30" DR 18 Wastewater Line (14' - 18' Depth) LF 100 $436.72 $43,672.00 $337.32 $33,732.00 $541.20 $54,120.00 A76 Remove and Replace 30" DR 18 Wastewater Line (>18' Depth) LF 100 $446.72 $44,672.00 $364.82 $36,482.00 $690.00 $69,000.00 A77 Remove and Replace 36" DR 21 Wastewater Line (0' - 6' Depth) LF 100 $434.35 $43,435.00 $320.50 $32,050.00 $508.80 $50,880.00 A78 Remove and Replace 36" DR 21 Wastewater Line (6' - 10' Depth) LF 100 $444.35 $44,435.00 $331.79 $33,179.00 $512.40 $51,240.00 A79 Remove and Replace 36" DR 21 Wastewater Line (10' - 14' Depth) LF 100 $454.35 $45,435.00 $338.84 $33,884.00 $552.00 $55,200.00 A80 Remove and Replace 36" DR 21 Wastewater Line (14' - 18' Depth) LF 100 $464.35 $46,435.00 $357.17 $35,717.00 $556.80 $55,680.00 A81 Remove and Replace 36" DR 21 Wastewater Line (>18' Depth) LF 100 $474.35 $47,435.00 $384.67 $38,467.00 $703.20 $70,320.00 A82 Trench Safety for Removing & Replacing Wastewater Line (0' - 6' Depth) LF 1150 $10.00 $11,500.00 $16.50 $18,975.00 $3.60 $4,140.00 A83 Trench Safety for Removing & Replacing Wastewater Line (6' - 10' Depth) LF 1150 $20.00 $23,000.00 $27.50 $31,625.00 $7.20 $8,280.00 A84 Trench Safety for Removing & Replacing Wastewater Line (10' - 14' Depth) LF 1150 $30.00 $34,500.00 $33.00 $37,950.00 $13.20 $15,180.00 A85 Trench Safety for Removing & Replacing Wastewater Line (14' - 18' Depth) LF 1150 $40.00 $46,000.00 $44.00 $50,600.00 $21.60 $24,840.00 A86 Trench Safety for Removing & Replacing Wastewater Line (>18' Depth) LF 1150 $60.00 $69,000.00 $63.80 $73,370.00 $42.00 $48,300.00 A87 Service Re -Connection for 58" Removal & Replacement EA 10 $500.00 $5,000.00 $873.40 $8,734.00 $553.20 $5,532.00 A88 Service Re -Connection for 10" Removal & Replacement EA 10 $550.00 $5,500.00 $988.90 $9,889.00 $625.20 $6,252.00 A89 Service Re -Connection for 12" Removal & Replacement EA 10 $600.00 $6,000.00 $1,104.40 $11,044.00 $687.60 $6,876.00 Page 6 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A90 Service Re -Connection for 16" Removal & Replacement EA 10 $600.00 $6,000.00 $1,130.80 $11,308.00 $849.60 $8,496.00 A91 Service Re -Connection for 18" Removal & Replacement EA 5 $900.00 $4,500.00 $1,191.30 $5,956.50 $1,081.20 $5,406.00 A92 Service Re -Connection for 24" Removal & Replacement EA 5 $1,550.00 $7,750.00 $1,543.30 $7,716.50 $1,699.20 $8,496.00 A93 Service Re -Connection for 30" Removal & Replacement EA 5 $3,550.00 $17,750.00 $3,859.90 $19,299.50 $1,920.00 $9,600.00 A94 Service Re -Connection for 36" Removal & Replacement EA 5 $4,550.00 $22,750.00 $4,464.90 $22,324.50 $2,550.00 $12,750.00 A95 Rehab 58" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 17) (0' - 10' Depth) LF 7500 $60.00 $450,000.00 $57.60 $432,000.00 $45.60 $342,000.00 A96 Rehab 58" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 17) (10' - 18' Depth) LF 15000 $70.00 $1,050,000.00 $79.20 $1,188,000.00 $55.20 $828,000.00 A97 Rehab 58" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 17) (>18' Depth) LF 2500 $100.00 $250,000.00 $114.00 $285,000.00 $69.60 $174,000.00 A98 Rehab 10" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 6000 $60.00 $360,000.00 $64.80 $388,800.00 $50.40 $302,400.00 A99 Rehab 10" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 6000 $90.00 $540,000.00 $81.60 $489,600.00 $56.40 $338,400.00 A100 Rehab 10" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 2500 $110.00 $275,000.00 $126.00 $315,000.00 $74.40 $186,000.00 A101 Rehab 12" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 4000 $70.00 $280,000.00 $90.00 $360,000.00 $74.40 $297,600.00 A102 Rehab 12" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 7000 $85.00 $595,000.00 $105.60 $739,200.00 $86.40 $604,800.00 A103 Rehab 12" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 2500 $120.00 $300,000.00 $139.20 $348,000.00 $100.80 $252,000.00 A104 Rehab 16" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 250 $90.00 $22,500.00 $99.00 $24,750.00 $103.20 $25,800.00 Page 7 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A105 Rehab 16" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 250 $115.00 $28,750.00 $129.80 $32,450.00 $116.40 $29,100.00 A106 Rehab 16" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 250 $120.00 $30,000.00 $154.00 $38,500.00 $132.00 $33,000.00 A107 Rehab 18" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 250 $130.00 $32,500.00 $145.20 $36,300.00 $174.00 $43,500.00 A108 Rehab 18" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 250 $150.00 $37,500.00 $173.80 $43,450.00 $198.00 $49,500.00 A109 Rehab 18" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 250 $155.00 $38,750.00 $202.40 $50,600.00 $270.00 $67,500.00 A110 Rehab 24" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 250 $270.00 $67,500.00 $316.80 $79,200.00 $318.00 $79,500.00 A111 Rehab 24" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 250 $280.00 $70,000.00 $330.00 $82,500.00 $354.00 $88,500.00 A112 Rehab 24" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 250 $295.00 $73,750.00 $363.00 $90,750.00 $486.00 $121,500.00 A113 Rehab 30" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 250 $295.00 $73,750.00 $352.00 $88,000.00 $354.00 $88,500.00 A114 Rehab 30" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 250 $305.00 $76,250.00 $390.50 $97,625.00 $405.60 $101,400.00 A115 Rehab 30" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 250 $325.00 $81,250.00 $434.50 $108,625.00 $510.00 $127,500.00 A116 Rehab 36" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 250 $295.00 $73,750.00 $456.50 $114,125.00 $474.00 $118,500.00 A117 Rehab 36" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 250 $312.00 $78,000.00 $533.50 $133,375.00 $530.40 $132,600.00 A118 Rehab 36" Wastewater Line (Pneumatic Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 250 $325.00 $81,250.00 $577.50 $144,375.00 $594.00 $148,500.00 A119 Rehab 58" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 1000 $63.00 $63,000.00 $62.40 $62,400.00 $54.26 $54,260.00 Page 8 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A120 Rehab 58" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 2000 $73.00 $146,000.00 $84.00 $168,000.00 $65.69 $131,380.00 A121 Rehab 58" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 750 $103.00 $77,250.00 $118.80 $89,100.00 $82.82 $62,115.00 A122 Rehab 10" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 1000 $64.66 $64,660.00 $66.00 $66,000.00 $59.98 $59,980.00 A123 Rehab 10" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 2000 $94.66 $189,320.00 $86.40 $172,800.00 $67.12 $134,240.00 A124 Rehab 10" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 750 $114.66 $85,995.00 $130.80 $98,100.00 $88.54 $66,405.00 A125 Rehab 12" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 1000 $76.54 $76,540.00 $96.00 $96,000.00 $88.54 $88,540.00 A126 Rehab 12" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 500 $91.54 $45,770.00 $111.60 $55,800.00 $102.82 $51,410.00 A127 Rehab 12" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 500 $126.54 $63,270.00 $145.20 $72,600.00 $119.95 $59,975.00 A128 Rehab 16" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $100.61 $40,244.00 $104.50 $41,800.00 $122.81 $49,124.00 A129 Rehab 16" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $125.61 $50,244.00 $135.30 $54,120.00 $138.52 $55,408.00 A130 Rehab 16" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $130.61 $52,244.00 $159.50 $63,800.00 $157.08 $62,832.00 A131 Rehab 18" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $143.41 $57,364.00 $150.70 $60,280.00 $207.06 $82,824.00 A132 Rehab 18" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $163.41 $65,364.00 $180.40 $72,160.00 $235.62 $94,248.00 A133 Rehab 18" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $168.41 $67,364.00 $209.00 $83,600.00 $321.30 $128,520.00 A134 Rehab 24" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $312.79 $125,116.00 $323.40 $129,360.00 $378.42 $151,368.00 Page 9 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A135 Rehab 24" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $322.79 $129,116.00 $336.60 $134,640.00 $421.26 $168,504.00 A136 Rehab 24" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $337.79 $135,116.00 $369.60 $147,840.00 $578.34 $231,336.00 A137 Rehab 30" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $313.93 $125,572.00 $360.80 $144,320.00 $421.26 $168,504.00 A138 Rehab 30" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $323.93 $129,572.00 $399.30 $159,720.00 $482.66 $193,064.00 A139 Rehab 30" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $343.93 $137,572.00 $443.30 $177,320.00 $606.90 $242,760.00 A140 Rehab 36" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $348.66 $139,464.00 $465.30 $186,120.00 $564.06 $225,624.00 A141 Rehab 36" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $365.66 $146,264.00 $544.50 $217,800.00 $631.18 $252,472.00 A142 Rehab 36" Wastewater Line (Pneumatic Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $378.66 $151,464.00 $588.50 $235,400.00 $706.86 $282,744.00 A143 upsizing of vvastewater Line for Pipebursting (Greater than one pipe size, max 1.5 times existing rliamatarl all ci7ac all rlanthc LF 3000 $15.00 $45,000.00 $54.00 $162,000.00 $54.00 $162,000.00 A144 Service Re -connection for 8" Pipe Bursting (All Depths) EA 750 $700.00 $525,000.00 $936.00 $702,000.00 $750.00 $562,500.00 A145 Service Re -connection for 10" Pipe Bursting (All Depths) EA 500 $750.00 $375,000.00 $990.00 $495,000.00 $768.00 $384,000.00 A146 Service Re -connection for 12" Pipe Bursting (All Depths) EA 75 $750.00 $56,250.00 $990.00 $1,320.00 $74,250.00 $810.00 $60,750.00 A147 Service Re -connection for 16" Pipe Bursting (All Depths) EA 20 $750.00 $15,000.00 $26,400.00 $900.00 $18,000.00 A148 Service Re -connection for (18" - 36") Pipe Bursting (All Depths) EA 10 $750.00 $7,500.00 $2,640.00 $26,400.00 $2,160.00 $21,600.00 A149 Rehab 8" Wastewater Line CIPP (0' 15' Depth) LF 100 $38.00 $3,800.00 $33.00 $3,300.00 $37.20 $3,720.00 Page 10 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A150 Rehab 8" Wastewater Line CIPP (> 15 Depth) LF 100 $42.00 $4,200.00 $35.20 $3,520.00 $40.80 $4,080.00 A151 Rehab 10" Wastewater Line CIPP (0' - 15' Depth) LF 100 $44.00 $4,400.00 $37.40 $3,740.00 $40.80 $4,080.00 A152 Rehab 10" Wastewater Line CIPP (>15' Depth) LF 100 $50.00 $5,000.00 $39.60 $3,960.00 $44.40 $4,440.00 A153 Rehab 12" Wastewater Line CIPP (0' - 15' Depth) LF 100 $52.00 $5,200.00 $41.80 $4,180.00 $43.20 $4,320.00 A154 Rehab 12" Wastewater Line CIPP (>15' Depth) LF 100 $60.00 $6,000.00 $46.20 $4,620.00 $50.40 $5,040.00 A155 Rehab 15" Wastewater Line CIPP (0' - 15' Depth) LF 100 $60.00 $6,000.00 $55.00 $5,500.00 $56.40 $5,640.00 A156 Rehab 15" Wastewater Line CIPP (>15' Depth) LF 100 $72.00 $7,200.00 $60.50 $6,050.00 $67.20 $6,720.00 A157 Rehab 18" Wastewater Line CIPP (0' - 15' Depth) LF 75 $80.00 $6,000.00 $66.00 $4,950.00 $79.20 $5,940.00 A158 Rehab 18" Wastewater Line CIPP (>15' Depth) LF 75 $105.00 $7,875.00 $88.00 $6,600.00 $94.80 $7,110.00 A159 Rehab 24" Wastewater Line CIPP (0' -15' Depth) LF 75 $130.00 $9,750.00 $110.00 $8,250.00 $110.40 $8,280.00 A160 Rehab 24" Wastewater Line CIPP (>15' Depth) LF 75 $155.00 $11,625.00 $115.50 $8,662.50 $138.00 $10,350.00 A161 Rehab 30" Wastewater Line CIPP (0' - 15' Depth) LF 75 $180.00 $13,500.00 $132.00 $9,900.00 $162.00 $12,150.00 A162 Rehab 30" Wastewater Line CIPP (>15' Depth) LF 75 $220.00 $16,500.00 $143.00 $10,725.00 $186.00 $13,950.00 A163 Rehab 36" Wastewater Line CIPP (0' -15' Depth) LF 75 $230.00 $17,250.00 $187.00 $14,025.00 $222.00 $16,650.00 A164 Rehab 36" Wastewater Line CIPP (>15' Depth) LF 75 $280.00 $21,000.00 $209.00 $15,675.00 $246.00 $18,450.00 Page 11 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A165 Service Re -connection for 8" CIPP Wastewater Line (All Depths) EA 10 $800.00 $8,000.00 $110.00 $1,100.00 $120.00 $1,200.00 A166 Service Re -connection for 10" CIPP Wastewater Line (All Depths) EA 10 $850.00 $8,500.00 $110.00 $1,100.00 $120.00 $1,200.00 A167 Service Re -connection for 12" CIPP Wastewater Line (All Depths) EA 10 $900.00 $9,000.00 $137.50 $1,375.00 $120.00 $1,200.00 A168 Service Re -connection for 15" CIPP Wastewater Line (All Depths) EA 5 $900.00 $4,500.00 $220.00 $1,100.00 $240.00 $1,200.00 A169 Service Re -connection for (18" - 36") CIPP Wastewater Line (All Depths) EA 5 $900.00 $4,500.00 $330.00 $1,650.00 $600.00 $3,000.00 A170 Joint Testing of (8" - 12") Wastewater Line (all depths) EA 100 $50.00 $5,000.00 $96.80 $9,680.00 $150.00 $15,000.00 A171 Joint Grouting of (8" - 12") Wastewater Line (all depths) EA 100 $50.00 $5,000.00 $55.00 $5,500.00 $200.00 $20,000.00 A172 Testing Lateral Connections (all sizes, all depths) EA 60 $75.00 $4,500.00 $220.00 $13,200.00 $350.00 $21,000.00 A173 Grouting Lateral Connections (all sizes, all depths) EA 45 $50.00 $2,250.00 $220.00 $9,900.00 $500.00 $22,500.00 A174 Chemical Grout, complete in place per gallon GA 100 $50.00 $5,000.00 $137.50 $13,750.00 $25.00 $2,500.00 A175 Point Repair 58" SDR26 Wastewater Line (0'- 6' Depth) (15 LF Min) LF 50 $120.00 $6,000.00 $90.29 $4,514.50 $564.00 $28,200.00 A176 Point Repair 58" SDR 26 Wastewater Line (6'- 10' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $98.05 $4,902.50 $564.00 $28,200.00 A177 Point Repair 58" SDR 26 Wastewater Line (10'- 14' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $101.29 $5,064.50 $732.00 $36,600.00 A178 Point Repair 58" SDR 26 Wastewater Line (14'- 18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $113.98 $5,699.00 $1,012.80 $50,640.00 A179 Point Repair 58" SDR 26 Wastewater (>18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $134.29 $6,714.50 $1,387.20 $69,360.00 Page 12 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A180 Point Repair 10" SDR 26 Wastewater Line (0'- 6' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $100.11 $5,005.50 $565.20 $28,260.00 A181 Point Repair 10" SDR 26 Wastewater Line (6'- 10' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $107.88 $5,394.00 $566.40 $28,320.00 A182 Point Repair 10" SDR 26 Wastewater Line (10'- 14' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $111.11 $5,555.50 $734.40 $36,720.00 A183 Point Repair 10" SDR 26 Wastewater Line (14'- 18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $123.80 $6,190.00 $1,015.20 $50,760.00 A184 Point Repair 10" SDR 26 Wastewater (>18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $144.11 $7,205.50 $1,392.00 $69,600.00 A185 Point Repair 12" SDR 26 Wastewater Line (0'- 6' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $116.36 $5,818.00 $576.00 $28,800.00 A186 Point Repair 12" SDR 26 Wastewater Line (6'- 10' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $124.12 $6,206.00 $580.80 $29,040.00 A187 Point Repair 12" SDR 26 Wastewater Line (10'- 14' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $127.36 $6,368.00 $740.40 $37,020.00 A188 Point Repair 12" SDR 26 Wastewater Line (14'- 18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $140.05 $7,002.50 $1,020.00 $51,000.00 A189 Point Repair 12" SDR 26 Wastewater Line (>18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $16,036.00 $801,800.00 $1,395.60 $69,780.00 A190 Point Repair 15" SDR 26 Wastewater Line (0' - 6' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $134.19 $6,709.50 $654.00 $32,700.00 A191 Point Repair 15" SDR 26 Wastewater Line (6' - 10' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $141.95 $7,097.50 $796.80 $39,840.00 A192 Point Repair 15" SDR 26 Wastewater Line (10' - 14' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $145.19 $7,259.50 $1,020.00 $51,000.00 A193 Point Repair 15" SDR 26 Wastewater Line (14' - 18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $178.19 $8,909.50 $1,296.00 $64,800.00 A194 Point Repair 15" SDR 26 Wastewater Line (> 18' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $178.19 $8,909.50 $1,570.80 $78,540.00 Page 13 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A195 Point Repair 18" PS115 Wastewater Line (0' - 6' Depth) (15 LF Min) LF 50 $100.00 $5,000.00 $174.17 $8,708.50 $634.80 $31,740.00 A196 Point Repair 18" PS115 Wastewater Line (6' - 10' Depth) (15 LF Min) LF 50 $110.00 $5,500.00 $181.94 $9,097.00 $778.80 $38,940.00 A197 Point Repair 18" PS115 Wastewater Line (10' - 14' Depth) (15 LF Min) LF 50 $120.00 $6,000.00 $185.17 $9,258.50 $999.60 $49,980.00 A198 Point Repair 18" PS115 Wastewater Line (14' - 18' Depth) (15 LF Min) LF 50 $130.00 $6,500.00 $197.87 $9,893.50 $1,317.60 $65,880.00 A199 Point Repair 18"PS115 Wastewater Line (> 18' Depth) (15' Depth) (15 LF Min) LF 50 $140.00 $7,000.00 $218.17 $10,908.50 $1,597.20 $79,860.00 A200 Point Repair 24" PS115 Wastewater Line (0' - 6' Depth) (15 LF Min) LF 50 $120.00 $6,000.00 $256.48 $12,824.00 $876.00 $43,800.00 A201 Point Repair 24" PS115 Wastewater Line (6' - 10' Depth) (15 LF Min) LF 50 $130.00 $6,500.00 $266.18 $13,309.00 $878.40 $43,920.00 A202 Point Repair 24" PS115 Wastewater Line (10' - 14' Depth) (15 LF Min) LF 50 $140.00 $7,000.00 $270.23 $13,511.50 $1,034.40 $51,720.00 A203 Point Repair 24" PS115 Wastewater Line (14' - 18' Depth) (15 LF Min) LF 50 $150.00 $7,500.00 $286.09 $14,304.50 $1,353.60 $67,680.00 A204 Point Repair 24" PS115 Wastewater Line (> 18' Depth) (15 LF Min) LF 50 $160.00 $8,000.00 $311.48 $15,574.00 $1,801.20 $90,060.00 A205 Point Repair 30" PS115 Wastewater Line (0' - 6' Depth) (15 LF Min) LF 50 $130.00 $6,500.00 $336.69 $16,834.50 $960.00 $48,000.00 A206 Point Repair 30" PS115 Wastewater Line (6' - 10' Depth) (15 LF Min) LF 50 $140.00 $7,000.00 $346.39 $17,319.50 $964.80 $48,240.00 A207 Point Repair 30" PS115 Wastewater Line (10' - 14' Depth) (15 LF Min) LF 50 $150.00 $7,500.00 $350.44 $17,522.00 $1,123.20 $56,160.00 A208 Point Repair 30" PS115 Wastewater Line (14' - 18' Depth) (15 LF Min) LF 50 $160.00 $8,000.00 $366.30 $18,315.00 $1,440.00 $72,000.00 A209 Point Repair 30" PS115 Wastewater Line (> 18' Depth) (15 LF Min) LF 50 $170.00 $8,500.00 $361.69 $18,084.50 $1,885.20 $94,260.00 Page 14 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A210 Point Repair 36" PS115 Wastewater Line (0' - 6' Depth) (15 LF Min) LF 50 $155.00 $7,750.00 $406.65 $20,332.50 $1,015.20 $50,760.00 A211 Point Repair 36" PS115 Wastewater Line (6' - 10' Depth) (15 LF Min) LF 50 $165.00 $8,250.00 $416.32 $20,816.00 $1,172.40 $58,620.00 A212 Point Repair 36" PS115 Wastewater Line (10' - 14' Depth) (15 LF Min) LF 50 $175.00 $8,750.00 $420.40 $21,020.00 $1,489.20 $74,460.00 A213 Point Repair 36" PS115 Wastewater Line (14' - 18' Depth) (15 LF Min) LF 50 $205.00 $10,250.00 $436.26 $21,813.00 $1,648.80 $82,440.00 A214 Point Repair 36" PS115 Wastewater Line (> 18' Depth) (15 LF Min) LF 50 $205.00 $10,250.00 $461.65 $23,082.50 $1,936.80 $96,840.00 A215 Trench Safety for Wastewater Line Point Repair (All Line Sizes & Depths) LF 1500 $15.00 $22,500.00 $38.50 $57,750.00 $111.60 $167,400.00 A216 Obstruction Removal by Remote Device (All Depths) EA 5 $400.00 $2,000.00 $1,100.00 $5,500.00 $1,500.00 $7,500.00 A217 Obstruction Removal by Excavation (0' - 10' Depth) EA 20 $500.00 $10,000.00 $495.00 $9,900.00 $2,760.00 $55,200.00 A218 Obstruction Removal by Excavation (10' - 18' Depth) EA 20 $500.00 $10,000.00 $1,650.00 $33,000.00 $3,120.00 $62,400.00 A219 Obstruction Removal by Excavation (>18' Depth) EA 20 $500.00 $10,000.00 $2,750.00 $55,000.00 $7,200.00 $144,000.00 A220 Service Lateral Replacement (0' - 6' Depth Main, Includes Clean Out, Boot, Coupling, etc) (5 10 LF) LF 100 $120.00 $12,000.00 $110.00 $11,000.00 $217.20 $21,720.00 A221 Service Lateral Replacement (6' - 10' Depth Main, Includes Clean Out, Boot, Coupling, etc) (5 10 LF) LF 100 $140.00 $14,000.00 $154.00 $15,400.00 $219.60 $21,960.00 A222 Service Lateral Replacement (10' - 14' Depth Main, Includes Clean Out, Boot, Coupling, etc) (5 10 LF) LF 100 $160.00 $16,000.00 $220.00 $22,000.00 $231.60 $23,160.00 A223 Service Lateral Replacement (14' - 18' Depth Main, Includes Clean Out, Boot, Coupling, etc) (5 10 LF) LF 100 $180.00 $18,000.00 $264.00 $26,400.00 $358.80 $35,880.00 A224 Service Lateral Replacement (>18' Depth Main, Includes Clean Out, Boot, Coupling, etc) (5 10 LF) LF 100 $190.00 $19,000.00 $286.00 $28,600.00 $379.20 $37,920.00 Page 15 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A225 Well Pointing for Line Work, Manhole, or Point Repair (Per LF of Trench) (0'- 6' Depth) (15 LF Min) LF 500 $300.00 $150,000.00 $90.00 $45,000.00 $60.00 $30,000.00 A226 Well Pointing for Line Work, Manhole, or Point Repair (Per LF of Trench) (6'- 10' Depth) (15 LF Min) LF 500 $300.00 $150,000.00 $90.00 $45,000.00 $60.00 $30,000.00 A227 Well Pointing for Line Work, Manhole, or Point Repair (Per LF of Trench) (10'- 14' Depth) (15 LF Min) LF 500 $300.00 $500.00 $150,000.00 $240.00 $120,000.00 $60.00 $30,000.00 A228 Well Pointing for Line Work, Manhole, or Point Repair (Per LF of Trench) (14'- 18' Depth) (15 LF Min) LF 150 $75,000.00 $275.00 $41,250.00 $60.00 $9,000.00 A229 Well Pointing for Line Work, Manhole, or Point Repair (Per LF of Trench) (>18' Depth) (15 LF Min) LF 150 $500.00 $75,000.00 $330.00 $49,500.00 $60.00 $9,000.00 A230 Remove & Replace 4" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $100.00 $10,000.00 $89.96 $8,996.00 $232.80 $23,280.00 A231 Remove & Replace 4" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $100.00 $10,000.00 $89.96 $8,996.00 $235.20 $23,520.00 A232 Remove & Replace 6" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $105.00 $10,500.00 $100.29 $10,029.00 $232.80 $23,280.00 A233 Remove & Replace 6" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $105.00 $10,500.00 $100.29 $10,029.00 $237.60 $23,760.00 A234 Remove & Replace 8" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $115.00 $11,500.00 $90.44 $9,044.00 $241.20 $24,120.00 A235 Remove & Replace 8" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $115.00 $11,500.00 $93.58 $9,358.00 $242.40 $24,240.00 A236 Remove & Replace 10" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $130.00 $13,000.00 $116.94 $11,694.00 $246.00 $24,600.00 A237 Remove & Replace 10" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $130.00 $13,000.00 $116.94 $11,694.00 $246.00 $24,600.00 Page 16 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A238 Remove & Replace 12" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $140.00 $14,000.00 $130.40 $13,040.00 $256.80 $25,680.00 A239 Remove & Replace 12" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $140.00 $14,000.00 $130.42 $13,042.00 $256.80 $25,680.00 A240 Remove & Replace 14" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $165.00 $16,500.00 $149.37 $14,937.00 $258.00 $25,800.00 A241 Remove & Replace 14" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $165.00 $16,500.00 $158.17 $15,817.00 $256.80 $25,680.00 A242 Remove & Replace 16" PVC Wastewater Forcemain (0' - 6' Depth) LF 100 $180.00 $18,000.00 $162.26 $16,226.00 $258.00 $25,800.00 A243 Remove & Replace 16" PVC Wastewater Forcemain (6' - 10' Depth) LF 100 $180.00 $18,000.00 $171.06 $17,106.00 $258.00 $25,800.00 A244 Remove & Replace 18" PVC Wastewater Forcemain (0' - 6' Depth) LF 150 $200.00 $30,000.00 $189.07 $28,360.50 $330.00 $49,500.00 A245 Remove & Replace 18" PVC Wastewater Forcemain (6' - 10' Depth) LF 150 $200.00 $30,000.00 $198.85 $29,827.50 $332.40 $49,860.00 A246 Remove & Replace 20" PVC Wastewater Forcemain (0' - 6' Depth) LF 150 $235.00 $35,250.00 $202.67 $30,400.50 $336.00 $50,400.00 A247 Remove & Replace 20" PVC Wastewater Forcemain (6' - 10' Depth) LF 150 $235.00 $35,250.00 $212.45 $31,867.50 $336.00 $50,400.00 A248 Remove & Replace 24" PVC Wastewater Forcemain (0' - 6' Depth) LF 500 $280.00 $140,000.00 $220.86 $110,430.00 $360.00 $180,000.00 A249 Remove & Replace 24" PVC Wastewater Forcemain (6' - 10' Depth) LF 250 $280.00 $70,000.00 $234.61 $58,652.50 $360.00 $90,000.00 A250 Remove & Replace 30" PVC Wastewater Forcemain (0' - 6' Depth) LF 150 $360.00 $54,000.00 $351.81 $52,771.50 $480.00 $72,000.00 Page 17 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A251 Remove & Replace 30" PVC Wastewater Forcemain (6' - 10' Depth) LF 150 $360.00 $54,000.00 $364.03 $54,604.50 $480.00 $72,000.00 A252 Remove & Replace 36" PVC Wastewater Forcemain (0' - 6' Depth) LF 150 $400.00 $60,000.00 $415.32 $62,298.00 $492.00 $73,800.00 A253 Remove & Replace 36" PVC Wastewater Forcemain (6' - 10' Depth) LF 150 $400.00 $60,000.00 $426.61 $63,991.50 $492.00 $73,800.00 A254 Trench Safety for Forcemain (All Line Sizes & Depths) LF 1000 $25.00 $25,000.00 $5.50 $5,500.00 $1.15 $1,150.00 A255 Control of Wastewater Flows with Bypass Pumping (Lines 58") DAY 50 $1,500.00 $75,000.00 $1,530.00 $76,500.00 $1,800.00 $90,000.00 A256 Bypass Force Main for Control of <8" Wastewater Flows LF 1000 $35.00 $35,000.00 $26.40 $26,400.00 $30.00 $30,000.00 A257 Control of Wastewater Flows with Bypass Pumping (10" - 12" Lines) DAY 50 $1,500.00 $75,000.00 $1,530.00 $76,500.00 $1,800.00 $90,000.00 A258 Bypass Force Main for Control of 10" - 12" Wastewater Flows LF 1000 $40.00 $40,000.00 $27.60 $27,600.00 $30.00 $30,000.00 A259 Control of Wastewater Flows with Bypass Pumping (15" - 18" Lines) DAY 25 $2,000.00 $50,000.00 $1,530.00 $38,250.00 $1,800.00 $45,000.00 A260 Byass Force Main for Control of 15"- 18"Wastewater Flows LF 1000 $40.00 $40,000.00 $26.40 $26,400.00 $30.00 $30,000.00 A261 Control of Wastewater Flows with Bypass Pumping (24" Lines) DAY 40 $3,000.00 $120,000.00 $2,640.00 $105,600.00 $3,000.00 $120,000.00 A262 Bypass Force Main for Control of 24" Wastewater Flows LF 1000 $35.00 $35,000.00 $38.40 $38,400.00 $42.00 $42,000.00 A263 Control of Wastewater Flows with Bypass Pumping (30" Lines) DAY 25 $4,000.00 $100,000.00 $2,420.00 $60,500.00 $3,000.00 $75,000.00 A264 Bypass Force Main for Control of 30" Wastewater Flows LF 500 $35.00 $17,500.00 $35.20 $17,600.00 $42.00 $21,000.00 A265 Control of Wastewater Flows with Bypass Pumping (36" Lines) DAY 25 $5,000.00 $125,000.00 $3,300.00 $82,500.00 $4,800.00 $120,000.00 Page 18 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A266 Bypass Force Main for Control of 36" Wastewater Flows LF 500 $40.00 $20,000.00 $41.80 $20,900.00 $48.00 $24,000.00 A267 Furnish Frac Tank (24 -Hour Period) DAY 100 $100.00 $10,000.00 $550.00 $55,000.00 $2,400.00 $240,000.00 A268 Furnish Vacuum Truck (Tandem) (24- Hour Period) DAY 100 $500.00 $50,000.00 $3,850.00 $385,000.00 $5,760.00 $576,000.00 A269 Plugs and/or Flow-thru Plugs (< 8") DAY 100 $50.00 $5,000.00 $66.00 $6,600.00 $100.00 $10,000.00 A270 Plugs and/or Flow-thru Plugs (10") DAY 100 $50.00 $5,000.00 $71.50 $7,150.00 $100.00 $10,000.00 A271 Plugs and/or Flow-thru Plugs (12") DAY 100 $50.00 $5,000.00 $74.80 $7,480.00 $100.00 $10,000.00 A272 Plugs and/or Flow-thru Plugs (14") DAY 100 $50.00 $5,000.00 $77.00 $7,700.00 $100.00 $10,000.00 A273 Plugs and/or Flow-thru Plugs (15") DAY 75 $50.00 $3,750.00 $110.00 $8,250.00 $150.00 $11,250.00 A274 Plugs and/or Flow-thru Plugs (18") DAY 75 $50.00 $3,750.00 $115.50 $8,662.50 $150.00 $11,250.00 A275 Plugs and/or Flow-thru Plugs (20") DAY 75 $50.00 $3,750.00 $165.50 $12,412.50 $200.00 $15,000.00 A276 Plugs and/or Flow-thru Plugs (30") DAY 75 $50.00 $3,750.00 $176.00 $13,200.00 $300.00 $22,500.00 A277 Plugs and/or Flow-thru Plugs (36") DAY 75 $50.00 $3,750.00 $192.50 $14,437.50 $360.00 $27,000.00 A278 PRE CCTV - Clean & Televise Wastewater Lines (Lines <8") LF 30000 $6.00 $180,000.00 $4.80 $144,000.00 $5.00 $150,000.00 A279 POST CCTV -Televise Wastewater Lines (Lines <8" ) LF 30000 $4.00 $120,000.00 $3.00 $90,000.00 $3.00 $90,000.00 A280 PRE CCTV - Clean & Televise Wastewater Lines (10"- 12" Lines) LF 16500 $10.00 $165,000.00 $6.12 $100,980.00 $8.00 $132,000.00 Page 19 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A281 POST CCTV - Televise Wastewater Lines (10"- 12" Lines) LF 16500 $2.25 $37,125.00 $3.00 $49,500.00 $3.00 $49,500.00 A282 PRE CCTV - Clean & Televise Wastewater Lines (15"-18" Lines) LF 4000 $9.25 $37,000.00 $9.00 $36,000.00 $12.00 $48,000.00 A283 POST CCTV -Televise Wastewater Lines (15"-18" Lines) LF 4000 $2.25 $9,000.00 $3.54 $14,160.00 $3.00 $12,000.00 A284 PRE CCTV - Clean & Televise Wastewater Lines (24" Lines) LF 2000 $14.50 $29,000.00 $11.82 $23,640.00 $20.00 $40,000.00 A285 POST CCTV -Televise Wastewater Lines (24" Lines) LF 2000 $2.25 $4,500.00 $3.54 $7,080.00 $3.00 $6,000.00 A286 PRE CCTV - Clean & Televise Wastewater Lines (30" Lines) LF 500 $22.00 $11,000.00 $13.75 $6,875.00 $25.00 $12,500.00 A287 POST CCTV - Televise Wastewater Lines (30" Lines) LF 500 $20.00 $10,000.00 $3.85 $1,925.00 $3.00 $1,500.00 A288 PRE CCTV - Clean & Televise Wastewater Lines (36" Lines) LF 500 $30.00 $15,000.00 $15.95 $7,975.00 $33.00 $16,500.00 A289 POST CCTV -Televise Wastewater Lines (36" Lines) LF 500 $20.00 $10,000.00 $3.85 $1,925.00 $3.00 $1,500.00 A290 CCTV Reverse Set-up (Unable to Traverse Line on Initial Set-up) EA 10 $1,000.00 $10,000.00 $600.00 $6,000.00 $1,000.00 $10,000.00 A291 CCTV Set-ups EA 25 $25.00 $625.00 $1,800.00 $45,000.00 $2,500.00 $62,500.00 A292 Clean & CCTV Manhole / Manhole Inspection EA 25 $395.00 $9,875.00 $240.00 $6,000.00 $500.00 $12,500.00 A293 DIP (<8") Fittings (Includes necessary gaskets, bolts, MJ joints, and all fitting appurtenances) EA 10 $100.00 $1,000.00 $632.50 $6,325.00 $780.00 $7,800.00 A294 DIP (10" - 12") Fittings (Includes necessary gaskets, bolts, MJ joints, and all fitting appurtenances) EA 10 $175.00 $1,750.00 $969.10 $9,691.00 $1,020.00 $10,200.00 Page 20 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A295 DIP (15" - 18") Fittings (Includes necessary gaskets, bolts, MJ joints, and all fitting appurtenances) EA 10 $28.00 $280.00 $2,096.60 $20,966.00 $1,440.00 $14,400.00 A296 DIP (21" - 24") Fittings (Includes necessary gaskets, bolts, MJ joints, and all fitting appurtenances) EA 10 $380.00 $3,800.00 $3,463.90 $34,639.00 $2,160.00 $21,600.00 A297 DIP (30" - 36") Fittings (Includes necessary gaskets, bolts, MJ joints, and all fitting appurtenances) EA 10 $800.00 $8,000.00 $8,834.66 $88,346.60 $4,200.00 $42,000.00 A298 (58") Mechanically Restrained Coupling Adapters & associated hardware (Mega lug or Engineer approved equal) EA 25 $125.00 $3,125.00 $651.20 $16,280.00 $780.00 $19,500.00 A299 (10" - 12") Mechanically Restrained Coupling Adapters & associated hardware (Mega lug or Engineer approved equal) EA 25 $250.00 $6,250.00 $916.30 $22,907.50 $1,020.00 $25,500.00 A300 (15" - 18") Mechanically Restrained Coupling Adapters & associated hardware (Mega lug or Engineer approved equal) EA 25 $425.00 $10,625.00 $1,911.80 $47,795.00 $1,440.00 $36,000.00 A301 (21" - 24") Mechanically Restrained Coupling Adapters & associated hardware (Mega lug or Engineer approved equal) EA 25 $625.00 $15,625.00 $2,961.20 $74,030.00 $2,160.00 $54,000.00 A302 (30" - 36") Mechanically Restrained Coupling Adapters & associated hardware (Mega lug or Engineer approved equal) EA 25 $1,275.00 $31,875.00 $7,476.70 $186,917.50 $4,200.00 $105,000.00 A303 58" Steel Casing Pipe LF 75 $60.00 $4,500.00 $83.02 $6,226.50 $211.20 $15,840.00 A304 12" Steel Casing Pipe LF 75 $70.00 $5,250.00 $106.82 $8,011.50 $243.60 $18,270.00 A305 18" Steel Casing Pipe LF 75 $90.00 $6,750.00 $135.73 $10,179.75 $302.40 $22,680.00 A306 24" Steel Casing Pipe LF 50 $140.00 $7,000.00 $194.89 $9,744.50 $380.40 $19,020.00 Page 21 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A307 30" Steel Casing Pipe LF 50 $225.00 $11,250.00 $250.93 $12,546.50 $486.00 $24,300.00 A308 36" Steel Casing Pipe LF 50 $250.00 $12,500.00 $302.89 $15,144.50 $588.00 $29,400.00 A309 Remove Existing Wastewater Manhole (All sizes) EA 50 $2,000.00 $100,000.00 $2,200.00 $110,000.00 $2,395.20 $119,760.00 A310 Replace 4 ft Dia. Wastewater Manhole (0'- 6' Depth) EA 40 $3,000.00 $120,000.00 $3,850.00 $154,000.00 $12,336.00 $493,440.00 A311 Extra Depth for 4 ft Dia Wastewater Manhole (Over 6' Depth) VF 60 $225.00 $13,500.00 $275.00 $16,500.00 $900.00 $54,000.00 A312 Replace 5 ft Dia Wastewater Manhole (0'- 6' Depth) EA 5 $4,500.00 $22,500.00 $7,700.00 $38,500.00 $14,280.00 $71,400.00 A313 Extra Depth for 5 ft Dia Wastewater Manhole (Over 6' Depth) VF 10 $335.00 $3,350.00 $605.00 $6,050.00 $1,056.00 $10,560.00 A314 Replace 6 ft Dia Wastewater Manhole (0'- 6' Depth) EA 5 $6,000.00 $30,000.00 $9,350.00 $46,750.00 $18,660.00 $93,300.00 A315 Extra Depth for 6 ft Dia Wastewater Manhole (Over 6' Depth) VF 10 $400.00 $4,000.00 $825.00 $8,250.00 $1,236.00 $12,360.00 A316 4 ft Dia Polymer System Manhole Rehab (0'- 6' Depth) EA 100 $1,750.00 $175,000.00 $1,815.00 $181,500.00 $2,760.00 $276,000.00 A317 Extra Depth for 4 ft Dia. Polymer System Manhole Rehab (Over 6' Depth) VF 130 $275.00 $35,750.00 $269.50 $35,035.00 $373.75 $48,587.50 A318 5 ft Dia Polymer System Manhole Rehab (0'- 6' Depth) EA 10 $1,950.00 $19,500.00 $2,200.00 $22,000.00 $3,335.00 $33,350.00 A319 Extra Depth for 5 ft Dia. Polymer System Manhole Rehab (Over 6' Depth) VF 20 $270.00 $5,400.00 $379.50 $7,590.00 $517.50 $10,350.00 A320 6 ft Dia Polymer System Manhole Rehab (0'- 6' Depth) EA 5 $2,250.00 $11,250.00 $2,750.00 $13,750.00 $4,025.00 $20,125.00 A321 Extra Depth for 6 ft Dia. Polymer System Manhole Rehab (Over 6' Depth) VF 10 $300.00 $3,000.00 $456.50 $4,565.00 $661.25 $6,612.50 Page 22 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A322 4 ft Dia Wastewater Manhole FRP Rehab (0'-6' Depth) EA 50 $6,000.00 $300,000.00 $3,850.00 $192,500.00 $9,840.00 $492,000.00 A323 Extra Depth for 4 ft Dia. Wastewater Manhole FRP Rehab (Over 6' Depth) VF 80 $275.00 $22,000.00 $302.50 $24,200.00 $936.00 $74,880.00 A324 5 ft Dia Wastewater Manhole FRP Rehab (0'- 6' Depth) EA 10 $5,000.00 $50,000.00 $6,600.00 $66,000.00 $11,520.00 $115,200.00 A325 Extra Depth for 5 ft Dia. Wastewater Manhole FRP Rehab. (Over 6' Depth) VF 20 $525.00 $10,500.00 $660.00 $13,200.00 $970.80 $19,416.00 A326 6 ft Dia Wastewater Manhole FRP Rehab (0'- 6' Depth) EA 5 $6,000.00 $30,000.00 $11,000.00 $55,000.00 $13,080.00 $65,400.00 A327 Extra Depth for 6 ft Dia. Wastewater Manhole FRP Rehab. (Over 6' Depth) VF 10 $675.00 $6,750.00 $880.00 $8,800.00 $984.00 $9,840.00 A328 4 ft Dia Wastewater Manhole Concrete Rehab (0'- 6' Depth) EA 5 $1,770.00 $8,850.00 $1,292.50 $6,462.50 $1,800.00 $9,000.00 A329 Extra Depth for 4 ft Dia. Wastewater Manhole Concrete Rehab. (Over 6' Depth) VF 10 $295.00 $2,950.00 $214.50 $2,145.00 $300.00 $3,000.00 A330 5 ft Dia Wastewater Manhole Concrete Rehab (0'- 6' Depth) EA 15 $2,500.00 $37,500.00 $1,633.50 $24,502.50 $2,400.00 $36,000.00 A331 Extra Depth for 5 ft Dia. Wastewater Manhole Concrete Rehab. (Over 6' Depth) VF 20 $370.00 $7,400.00 $269.50 $5,390.00 $400.00 $8,000.00 A332 6 ft Dia Wastewater Manhole Concrete Rehab (0'- 6' Depth) EA 25 $2,650.00 $66,250.00 $2,035.00 $50,875.00 $3,000.00 $75,000.00 A333 Extra Depth for 6 ft Dia. Wastewater Manhole Concrete Rehab. (Over 6' Depth) VF 30 $450.00 $13,500.00 $319.00 $9,570.00 $500.00 $15,000.00 A334 Trench Safety for Wastewater Manholes (0' - 6' Depth) EA 115 $65.00 $7,475.00 $330.00 $37,950.00 $780.00 $89,700.00 A335 Extra Depth for Trench Safety for Wastewater Manholes (Over 6' Depth) VF 150 $200.00 $30,000.00 $110.00 $16,500.00 $162.00 $24,300.00 A336 Manhole Connections (< 8") EA 200 $195.00 $39,000.00 $137.50 $27,500.00 $400.80 $80,160.00 Page 23 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A337 Manhole Connections (10" - 12") EA 50 $200.00 $10,000.00 $247.50 $12,375.00 $480.00 $24,000.00 A338 Manhole Connections (15" - 18") EA 20 $290.00 $5,800.00 $357.50 $7,150.00 $888.00 $17,760.00 A339 Manhole Connections (21" - 24") EA 10 $350.00 $3,500.00 $550.00 $5,500.00 $1,243.20 $12,432.00 A340 Manhole Connections (30" - 36") EA 10 $450.00 $4,500.00 $825.00 $8,250.00 $1,784.40 $17,844.00 A341 Install 8" Drop Connection (All depths) EA 10 $2,500.00 $25,000.00 $3,885.20 $38,852.00 $4,651.20 $46,512.00 A342 Install 10" Drop Connection (All depths) EA 10 $3,500.00 $35,000.00 $4,464.90 $44,649.00 $4,651.20 $46,512.00 A343 Install 12" Drop Connection (All depths) EA 10 $4,500.00 $45,000.00 $4,904.90 $49,049.00 $4,651.20 $46,512.00 A344 Remove & Replace 30" Manhole Ring & Cover (Includes S.S. inflow inhibitor & new HDPE adjustment rings) EA 10 $950.00 $9,500.00 $1,650.00 $16,500.00 $5,394.00 $53,940.00 A345 Remove & Replace 36" Manhole Ring & Cover (Includes S.S. inflow inhibitor & new HDPE adjustment rings) EA 10 $1,200.00 $12,000.00 $2,200.00 $22,000.00 $5,702.40 $57,024.00 A346 Reconstruct Manhole Top Corbel (Any Size) EA 10 $3,000.00 $30,000.00 $2,750.00 $27,500.00 $6,828.00 $68,280.00 A347 Reconstruct Manhole Bench & Inverts as per specifications EA 10 $1,000.00 $10,000.00 $660.00 $6,600.00 $3,240.00 $32,400.00 A348 Cement Stabilized Sand Backfill (1.5 sacks of cement per 1 CY of sand) TON 1000 $45.00 $45,000.00 $55.00 $55,000.00 $84.00 $84,000.00 A349 Cut & Restore HMAC Pavement (Includes Prime Coat, 12" Base & 3" Thick Pavement) SY 1000 $100.00 $100,000.00 $110.00 $110,000.00 $364.80 $364,800.00 A350 Additional HMAC Pavement Thickness (1/2" per SY) SY 500 $15.00 $7,500.00 $13.20 $6,600.00 $40.80 $20,400.00 A351 Additional Limestone Base Thickness (1" per SY) SY 500 $5.00 $2,500.00 $8.80 $4,400.00 $45.60 $22,800.00 Page 24 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A352 Select Backfill Material CY 1000 $4.00 $4,000.00 $17.60 $17,600.00 $50.40 $50,400.00 A353 Flowable Backfill CY 500 $145.00 $72,500.00 $198.00 $99,000.00 $246.00 $123,000.00 A354 Cut & Restore Concrete Pavement (Includes Base & 12" Pavement) SY 250 $140.00 $35,000.00 $137.50 $34,375.00 $421.20 $105,300.00 A355 Additional Concrete Pavement Thickness (1" per SY) SY 100 $20.00 $2,000.00 $22.00 $2,200.00 $49.20 $4,920.00 A356 Signing & Traffic Control (Detail A) DAY 15 $500.00 $7,500.00 $385.00 $5,775.00 $1,270.00 $19,050.00 A357 Signing & Traffic Control (Detail B) DAY 15 $500.00 $7,500.00 $550.00 $8,250.00 $1,320.00 $19,800.00 A358 Signing & Traffic Control (Detail C) DAY 15 $500.00 $7,500.00 $550.00 $8,250.00 $1,380.00 $20,700.00 A359 Signing & Traffic Control (Detail D) DAY 15 $500.00 $7,500.00 $522.50 $7,837.50 $1,380.00 $20,700.00 A360 Signing & Traffic Control (Detail E) DAY 15 $500.00 $7,500.00 $495.00 $7,425.00 $1,330.00 $19,950.00 A361 Signing & Traffic Control (Detail F) DAY 15 $500.00 $7,500.00 $522.50 $7,837.50 $1,330.00 $19,950.00 A362 Signing & Traffic Control (Detail G) DAY 15 $500.00 $7,500.00 $605.00 $9,075.00 $1,380.00 $20,700.00 A363 Signing & Traffic Control (Detail H) DAY 15 $500.00 $7,500.00 $605.00 $9,075.00 $1,380.00 $20,700.00 A364 Signing & Traffic Control (Detail I) DAY 15 $500.00 $7,500.00 $825.00 $12,375.00 $1,430.00 $21,450.00 A365 Signing & Traffic Control (Detail J) DAY 15 $500.00 $7,500.00 $660.00 $9,900.00 $1,405.00 $21,075.00 A366 Signing & Traffic Control (Detail K) DAY 15 $500.00 $7,500.00 $632.50 $9,487.50 $1,430.00 $21,450.00 A367 Signing & Traffic Control (Detail L) DAY 15 $500.00 $7,500.00 $770.00 $11,550.00 $1,430.00 $21,450.00 Page 25 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A368 Signing & Traffic Control (Detail M) DAY 15 $500.00 $7,500.00 $605.00 $9,075.00 $1,380.00 $20,700.00 A369 Signing & Traffic Control (Detail N) DAY 15 $500.00 $7,500.00 $605.00 $9,075.00 $1,330.00 $19,950.00 A370 Portable Changeable Message Signs (PCMS) DAY 25 $250.00 $6,250.00 $220.00 $5,500.00 $1,500.00 $37,500.00 A371 Flashing Arrow Boards DAY 25 $250.00 $6,250.00 $110.00 $2,750.00 $2,000.00 $50,000.00 A372 Flagger, Complete in Place Per 24- hour Period DAY 10 $750.00 $7,500.00 $550.00 $5,500.00 $1,000.00 $10,000.00 A373 Removal & Replacement of Chain link Fencing LF 250 $40.00 $10,000.00 $33.00 $8,250.00 $42.00 $10,500.00 A374 Removal & Replacement of Wood Fencing LF 250 $40.00 $10,000.00 $44.00 $11,000.00 $48.00 $12,000.00 A375 Temporary Construction Entrance/Exit - All Weather Access Road EA 5 $500.00 $2,500.00 $1,650.00 $8,250.00 $4,404.00 $22,020.00 A376 Tree Removal (Up to 8" Dia. Trunk) EA 5 $500.00 $2,500.00 $550.00 $2,750.00 $393.60 $1,968.00 A377 Tree Removal (Greater Than 8" Dia. Trunk) EA 5 $750.00 $3,750.00 $825.00 $4,125.00 $528.00 $2,640.00 A378 Erosion Control -Sodding SY 250 $4.00 $1,000.00 $8.80 $2,200.00 $14.40 $3,600.00 A379 Erosion Control -Seeding SY 250 $2.00 $500.00 $3.30 $825.00 $6.72 $1,680.00 A380 Erosion Control - Temporary Sediment Control Fence (Silt Fence and/or Silt Barrier) LF 1500 $5.00 $7,500.00 $4.40 $6,600.00 $3.60 $5,400.00 A381 Inlet Protection EA 25 $60.00 $1,500.00 $137.50 $3,437.50 $43.20 $1,080.00 A382 Remove and Replace Concrete Driveway SF 750 $16.00 $12,000.00 $16.50 $12,375.00 $27.60 $20,700.00 Page 26 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A383 Remove and Replace Concrete Sidewalk SF 1000 $98.00 $98,000.00 $13.20 $13,200.00 $19.20 $19,200.00 A384 Remove and Replace Curb and Gutter or Valley Gutter LF 500 $24.00 $12,000.00 $33.00 $16,500.00 $62.40 $31,200.00 A385 Remove and Replace Curb Ramp EA 5 $1,750.00 $8,750.00 $2,200.00 $11,000.00 $2,520.00 $12,600.00 A386 Grout Fill & Abandon in place CY 100 $200.00 $20,000.00 $247.50 $24,750.00 $1,252.80 $125,280.00 A387 Remove, Relocate, and Reinstall Mail Box EA 5 $50.00 $250.00 $220.00 $1,100.00 $494.40 $2,472.00 A388 Install 8" cleanout, (0' - 6' Depth main) EA 20 $600.00 $12,000.00 $867.90 $17,358.00 $1,920.00 $38,400.00 A389 Install 8" cleanout, (6' - 10' Depth main) EA 10 $700.00 $7,000.00 $978.45 $9,784.50 $2,160.00 $21,600.00 A390 Install 8" cleanout, (10' - 14' Depth main) EA 20 $800.00 $16,000.00 $1,592.80 $31,856.00 $2,640.00 $52,800.00 A391 Install 8" cleanout, (14' - 18' Depth main) EA 10 $850.00 $8,500.00 $2,458.50 $24,585.00 $3,120.00 $31,200.00 A392 Install 8" cleanout, (>18' Depth main) EA 10 $850.00 $8,500.00 $3,522.20 $35,222.00 $3,840.00 $38,400.00 A393 Power Pole Support DAY 10 $2,500.00 $25,000.00 $880.00 $8,800.00 $3,864.00 $38,640.00 A394 Site Clearing and Stripping AC 1 $2,500.00 $2,500.00 $2,475.00 $2,475.00 $5,023.20 $5,023.20 A395 Preparation and Implementation of a Traffic Control Plan Allowance AL 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Subtotal Part A - General Conditions (Items Al Through A395) $17,249,500.00 $20,786,404.35 $25,511,000.20 Page 27 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART B: ADDITIVE ALTERNATE NO.1 (Items B1 thru B48) B1 Rehab 58" Wastewater Line (Static Pipe Bursting w/IPS DR 17) (0' - 10' Depth) LF 10000 $75.00 $750,000.00 $90.00 $900,000.00 $94.80 $948,000.00 B2 Rehab 58" Wastewater Line (Static Pipe Bursting w/IPS DR 17) (10' - 18' Depth) LF 10000 $85.00 $850,000.00 $102.00 $1,020,000.00 $106.80 $1,068,000.00 B3 Rehab <8" Wastewater Line (Static Pipe Bursting w/IPS DR 17) (>18' Depth) LF 1000 $115.00 $115,000.00 $150.00 $150,000.00 $132.00 $132,000.00 B4 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 5000 $85.00 $425,000.00 $100.80 $504,000.00 $102.00 $510,000.00 B5 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 5000 $105.00 $525,000.00 $117.60 $588,000.00 $116.40 $582,000.00 B6 Rehab 10" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 1000 $130.00 $130,000.00 $162.00 $162,000.00 $150.00 $150,000.00 B7 Rehab 12" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 5000 $100.00 $500,000.00 $126.00 $630,000.00 $114.00 $570,000.00 B8 Rehab 12" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 2500 $125.00 $312,500.00 $141.60 $354,000.00 $126.00 $315,000.00 B9 Rehab 12" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 1000 $155.00 $155,000.00 $175.20 $175,200.00 $174.00 $174,000.00 B10 Rehab 16" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 400 $58.00 $23,200.00 $209.00 $83,600.00 $162.00 $64,800.00 B11 Rehab 16" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 400 $58.00 $23,200.00 $239.80 $95,920.00 $192.00 $76,800.00 B12 Rehab 16" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 400 $58.00 $23,200.00 $264.00 $105,600.00 $222.00 $88,800.00 Page 28 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B13 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 400 $82.00 $32,800.00 $255.20 $102,080.00 $210.00 $84,000.00 B14 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 400 $95.00 $38,000.00 $283.80 $113,520.00 $234.00 $93,600.00 B15 Rehab 18" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 400 $95.00 $38,000.00 $312.40 $124,960.00 $354.00 $141,600.00 B16 Rehab 24" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 400 $180.00 $72,000.00 $426.80 $170,720.00 $384.00 $153,600.00 B17 Rehab 24" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 400 $185.00 $74,000.00 $440.00 $176,000.00 $432.00 $172,800.00 B18 Rehab 24" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 400 $185.00 $74,000.00 $473.00 $189,200.00 $552.00 $220,800.00 B19 Rehab 30" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 400 $200.00 $80,000.00 $517.00 $206,800.00 $438.00 $175,200.00 B20 Rehab 30" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 400 $200.00 $80,000.00 $550.50 $220,200.00 $474.00 $189,600.00 B21 Rehab 30" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 400 $200.00 $80,000.00 $599.50 $239,800.00 $594.00 $237,600.00 B22 Rehab 36" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (0' - 10' Depth) LF 400 $250.00 $100,000.00 $676.50 $270,600.00 $594.00 $237,600.00 B23 Rehab 36" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (10' - 18' Depth) LF 400 $250.00 $100,000.00 $753.50 $301,400.00 $696.00 $278,400.00 Page 29 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B24 Rehab 36" Wastewater Line (Static Pipe Bursting w/ IPS DR 17) (>18' Depth) LF 400 $250.00 $100,000.00 $797.50 $319,000.00 $810.00 $324,000.00 B25 Rehab 58" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 2500 $78.00 $195,000.00 $102.00 $255,000.00 $112.81 $282,025.00 B26 Rehab 58" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 2500 $88.00 $220,000.00 $114.00 $285,000.00 $127.09 $317,725.00 B27 Rehab 58" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 1000 $118.00 $118,000.00 $162.00 $162,000.00 $157.08 $157,080.00 B28 Rehab 10" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 2500 $90.00 $225,000.00 $112.80 $282,000.00 $121.38 $303,450.00 B29 Rehab 10" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 2500 $110.00 $275,000.00 $129.60 $324,000.00 $138.52 $346,300.00 B30 Rehab 10" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 1000 $135.00 $135,000.00 $174.00 $174,000.00 $178.50 $178,500.00 B31 Rehab 12" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 2500 $107.00 $267,500.00 $138.00 $345,000.00 $135.66 $339,150.00 B32 Rehab 12" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 2500 $132.00 $330,000.00 $153.60 $384,000.00 $149.94 $374,850.00 B33 Rehab 12" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 1000 $162.00 $162,000.00 $171.60 $171,600.00 $207.06 $207,060.00 B34 Rehab 16" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $58.00 $23,200.00 $231.00 $92,400.00 $192.78 $77,112.00 Page 30 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi-Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City-Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B35 Rehab 16" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $58.00 $23,200.00 $261.80 $104,720.00 $228.48 $91,392.00 B36 Rehab 16" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $58.00 $23,200.00 $286.00 $114,400.00 $264.18 $105,672.00 B37 Rehab 18" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $82.00 $32,800.00 $277.20 $110,880.00 $249.90 $99,960.00 B38 Rehab 18" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $95.00 $38,000.00 $305.80 $122,320.00 $278.46 $111,384.00 B39 Rehab 18" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $95.00 $38,000.00 $334.40 $133,760.00 $421.26 $168,504.00 B40 Rehab 24" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $180.00 $72,000.00 $448.80 $179,520.00 $456.96 $182,784.00 B41 Rehab 24" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $185.00 $74,000.00 $462.00 $184,800.00 $514.08 $205,632.00 B42 Rehab 24" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $185.00 $74,000.00 $495.00 $198,000.00 $656.88 $262,752.00 B43 Rehab 30" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $200.00 $80,000.00 $550.00 $220,000.00 $521.22 $208,488.00 B44 Rehab 30" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $200.00 $80,000.00 $588.50 $235,400.00 $564.06 $225,624.00 B45 Rehab 30" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $200.00 $80,000.00 $632.50 $253,000.00 $706.86 $282,744.00 B46 Rehab 36" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (0' - 10' Depth) LF 400 $250.00 $100,000.00 $709.50 $283,800.00 $706.86 $282,744.00 Page 31 of 32 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ratna S. Pottumuthu City of Corpus Christi -Utilities Department Completion: 365 Cal Days Engineer's Estimate: BID DATE: March 27, 2019 $ 10,000,000.00 City -Wide Wastewater ID/IQ 2019 City Project No. 18157A SAN 571 PM Construction & Rehab LLC, dba IPR South Central 131 N. Richey Pasadena, TX 77506 CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 National Power Rodding Corp. 9810 FM 969 Austin, TX 78724 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B47 Rehab 36" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (10' - 18' Depth) LF 400 $250.00 $100,000.00 $786.50 $314,600.00 $828.24 $331,296.00 B48 Rehab 36" Wastewater Line (Static Pipe Bursting w/IPS DR 13.5) (>18' Depth) LF 400 $250.00 $100,000.00 $830.50 $332,200.00 $963.90 $385,560.00 Subtotal Part B - Additive Alternate No.1 (Items B1 Through B48) $7,566,800.00 $12,465,000.00 $12,515,988.00 BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A395) $17,249,500.00 $20,786,404.35 $25,511,000.20 SUBTOTAL PART B - ADDITIVE ALTERNATE NO.1 (Items B1 thru B48) $7,566,800.00 $12,465,000.00 $12,515,988.00 Total Extended Unit Prices (Items Al thru A395 and 81 thru B48) - For Evaluation Purposes ONLY $24,816,300.00 $33,251,404.35 $38,026,988.20 To be applied to any and all items associated with an Emergency Coefficient Emergency Delivery Order as defined in Measurement and Basis for Payment (01 29 01) 1.50 Page 32 of 32 Corpus Chr sti Engineering City -Wide Wastewater Indefinite Delivery/Indefinite Quantity (IDIQ) Program 2019 Council Presentation May 14, 2019 IDIQ Contract Background Corpus Chr sti Engineering • Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts - Federal government uses IDIQ format for most procurements - IDIQ construction contracts are good for repetitive work where detailed designs are not necessary - Bid quantities are estimated based on project budget and anticipated pay item distribution - Work is issued to the contractor via Delivery Orders (DO's) - DO's contain drawings and quantities of work for each site • City IDIQ Construction Contracts: - City has used IDIQ construction contracts for over 10 years - Examples include: SPMP Seals, SPMP Overlays, Minor Street Repairs, Water Distribution Repairs, Curb & Gutter Repairs, Traffic Signals IDIQ, Collection System Replacement & Rehab Project Location Corpus Chr'sti Engineering City -Wide Wastewater ID/IQ 2019 N SCALE: N.T.S. ,r � Proect Back round Corpus Chr sti Engineering City -Wide Collection System ID/IQ Program - Long-term Initiative • Reduce Sanitary Sewer Overflows (SSOs) and Inflow/Infiltration (1/1) • Support Street Preventative Maintenance Program (SPMP) • Support Residential Street Rebuild Program (RSRP) Initiated in 2013 • First cycle: 2013-2016 (External consultant and contractor) • Second cycle: 2016-2019 (In-house engineering and contractor) • Third cycle: 2019-2022 (In-house engineering and contractor) Pipebursting (LF) 2013-2016 67,500 2016- Present 212,000 2019-2022 360,000 Manholes 231 613 900 Status Complete Complete Planned with this item SSO Reduction Plan Corpus Chr sti Engineering Padre ]s€and Prioritize areas with Highest Number of Sanitary Sewer Overflows, and Replace 1.5M LF of old Wastewater Lines. - 280K LF completed as of today (19%) Goal: 120K LF/yr with this contract TABLE 1 SUBJECT TO FRE 408 FOR SETTLEMENT PURPOSES ONLY Annual Prioritization 550s Caused by City Mains 211R 2017 2)11(1 2015 2(114 2011 2012 2!711 2010 Total 2 1211 33 26 66 144 2A1 25F 393 1228 13 11 17 35 50 121 191 179 231 854 3 6 7 18 22 27 112 129 124 168 593 4 11 3 10 23 25 37 93 54 96 352 5-10 34 21 49 63 71 134 217 235 259 1090 Prioritization Appro�aCh CLeu- 5 SSO Reduction Plan Status Corpus Chr'sti Engineering 280K LF completed in areas with Highest Number of Sanitary Sewer Overflows < 0§' IDIQ Status - Completed - Proposed - Under Construction 0 1.25 2.5 5 Miles i i I 6 Project Scope Corpus Chr sti Engineering Provides construction to re -capitalize aging wastewater collection system and to eliminate overflows and infiltration. Contract includes pricing for: • Manhole rehab and replacement • Collection line rehab and replacement • Force main rehab and replacement • Pipe installation by open -cut, pipe bursting, cured -in-place pipe (CIPP) and point repair • All ancillary work items such as dewatering, bypass pumping, cleaning & televising, traffic controls, appurtenances and surface restoration. Project Schedule Corpus Chr sti Engineering 2019 I 2020 J F M A M J J A S 0 N D J F M A M J Bid Construction Projected Schedule reflects City Council award in May 2019 anticipated completion in June 2020 for base year contract. There are two optional contract renewals. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting May 21, 2019 DATE: May 10, 2019 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, P.E., Executive Director of Utilities DanG(a�cctexas.com (361) 826-1718 Kevin Norton, P.E., Director of Water Utilities KevinN(a�cctexas.com (361) 826-1874 Interlocal Cooperation Agreement for Water Line Improvements CAPTION: Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District (SPMWD) for the City to accept approximately 3,600 linear feet (LF) of water pipeline constructed by SPMWD, and to pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 linear feet of fiber-optic cable for the City's future water distribution development. PURPOSE: The purpose of the Interlocal Agreement is to accept ownership from SPMWD of approximately 3,600 LF of Gulf Coast Growth Ventures (GCGV) PET Plant water pipeline from the tie-in to the City's water distribution system near the south end of Loma Alta Road to the SPMWD water meter located north of IH37, and to pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 LF of fiber-optic cable for the City's future water distribution development. BACKGROUND AND FINDINGS: City of Corpus Christi has a wholesale agreement with SPMWD to provide potable water. The City will provide and sell additional quantities of treated water to SPMWD for them to sell to Gulf Coast Growth Ventures (GCGV) PET Plant. SPMWD will build a water pipeline to transport treated water to the GCGV Plant, which will tie into the City's treated water system near the south end of Loma Alta Road. The GCGV water pipeline will include a water meter north of IH37 that will be owned and managed by SPMWD. The GCGV Water Pipeline project is anticipated to be complete in March 2020. After completion of this water line project, the City will accept ownership of approximately 3,600 LF water line from the tie-in near the south end of Loma Alta Road to the SPMWD water meter located north of IH37. In addition, the City will pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 LF of fiber-optic cable for the City's future water distribution development. ALTERNATIVES: N.A. OTHER CONSIDERATIONS: N.A. CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department — Water Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $300,000 $300,000 Encumbered / Expended Amount $0 $0 This item $300,000 $300,000 BALANCE $0 $0 Funding Detail: Fund Name: Activity: Account No. Project No. Water Fund 4098 (2019 Rev Bd) 19036 -A -4098 -EXP 550910 (Construction) 19036A San Patricio Municipal Water District Transmission Main Connection. Sequence No. Water CIP Sequence #15 RECOMMENDATION: Staff recommends approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement Exhibit A: Aerial Maps of Waterline Exhibit B: City's Insurance Requirements Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District (SPMWD) for the City to accept approximately 3,600 linear feet (LF) of water pipeline constructed by SPMWD, and to pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 linear feet of fiber-optic cable for the City's future water distribution development. WHEREAS, Chapter 791 of the Texas Government Code authorizes local governments in the State to contract with other local governments or state agencies to perform a governmental function or service in accordance with the Interlocal Cooperation Act. WHEREAS, the San Patricio Municipal Water District has agreed to design and construct approximately 3,600 linear feet of reinforced treated water line, two tees, two valves, two utility vaults and approximately 3,600 feet of fiber-optic cable for the City's future water distribution development as more fully described in the Interlocal Cooperation Agreement included in this City Council Agenda item. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with San Patricio Municipal Water District to accept approximately 3,600 LF of water pipeline constructed by SPMWD, and to pay SPMWD an amount not to exceed $300,000 for installing two tees, two valves, two utility vaults, and approximately 3,600 LF of fiber-optic cable for the City's future water distribution development. A copy of the Interlocal Agreement is on file with the City Secretary's Office. Section 2. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of , 2019. The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SAN PATRICIO MUNICIPAL WATER DISTRICT FOR CONSTRUCTION OF CORPUS CHRISTI FIBER OPTIC LINE & WATER LINE IMPROVEMENTS THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council ("City") and the SAN PATRICIO MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas, duly created by the Legislature of Texas ("District"). WHEREAS, the City owns and operates a regional water supply system that provides potable water to municipal customers, as well as, wholesale customers like the District; and WHEREAS, the District is building a new 54 -inch to 48 -inch treated water pipeline that will run from the City's 60 -in water transmission line located near O. N. Stevens Water Treatment Plant and the south end of Loma Alta Road to a point near the site of the Gulf Coast Growth Ventures ("GCGV") PET Plant Project located west of Gregory, San Patricio County, Texas (the "Project"); and WHEREAS, in connection with the above -referenced Project, the District will design and construct a fiber optic conduit approximately 3,600 feet in length running from the proposed Master Meter on Sharpsburg Road in a southwest direction under IH -37 to connect to City water lines as depicted in the City Waterline Exhibit attached hereto and incorporated herein as Exhibit «A,„ WHEREAS, the District will also design and construct two tees, valves and utility vaults that are connected to the proposed 54 -inch and 48 -inch water line for the City's future water distribution development; one utility vault to be located on the north side of IH -37 and the other on the south side of IH -37, as depicted in Exhibit "A;" and WHEREAS, upon completion of the above referenced improvements for the City, and review and acceptance of the improvements by the Executive Director of Utilities for the City of Corpus Christi, or his authorized representative, the District shall transfer ownership of the improvements to the City along with all design and construction warranties associated with these improvements; and WHEREAS, this Agreement is made pursuant to Chapter 791, Texas Government Code; and WHEREAS, all payments due and owing under this Agreement shall be paid with current revenues available to the City or the District. INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 1 NOW, THEREFORE, the City of Corpus Christi, Texas and the San Patricio Municipal Water District hereby agree as follows: SECTION I. PROJECT SCOPE. 1.01 The District will design and construct a 54 -in to 48 -in treated water pipeline that will run from the City's 60 -inch water transmission line located near the O. N. Stevens Water Treatment Plant and the south end of Loma Alta Road to a point at the Master Meter adjacent to Sharpsburg Road on the north side of IH -37 as depicted in the Corpus Christi Waterline Exhibit attached hereto as Exhibit "A." 1.02 The District will also design and construct a fiber optic conduit line from the Master Meter location on Sharpsburg Road (north of IH -37) which will run south and under IH -37 to connect to City water lines as depicted in the Corpus Christi Waterline Exhibit attached hereto as Exhibit "A." 1.03 The District will also design and construct two tees, valves and utility vaults that are connected to the proposed 54 -in and 48 -in water line for the City's future water distribution development, one utility vault to be located on the north side of IH -37 and the other on the south side of IH -37, as depicted in Exhibit "A" attached hereto. SECTION 2. OBLIGATIONS OF THE DISTRICT AND THE CITY. 2.01 The District shall design and construct a 54 -inch to 48 -inch treated water pipeline that will run from the City's 60 -inch water transmission line located near the O. N. Stevens Water Treatment Plant and the south end of Loma Alta Road to a point at the Master Meter adjacent to Sharpsburg Road on the north side of IH -37 as depicted in the Corpus Christi Waterline Exhibit attached hereto as Exhibit "A." 2.02 The District shall design and construct a fiber optic conduit line to run from the Master Meter location on Sharpsburg Road south and west under IH -37 to connect to City water lines as depicted in the Corpus Christi Waterline Exhibit attached hereto as Exhibit "A." 2.03 The District shall also design and construct two tees, valves and utility vaults that will be connected to the proposed 54 -in and 48 -in water line for the City's future water distribution development, one utility vault to be located on the north side of IH - 37 and the other on the south side of IH -37, as depicted in Corpus Christi Waterline Exhibit attached hereto as Exhibit "A" (collectively the "City Water Line Improvements"). INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 2 2.04 The District shall ensure that all engineering plans and specifications associated with the City Water Line Improvements are designed in accordance with American Water Works Association ("AWWA") specifications and all other applicable State, Federal and Municipal rules, regulations and specifications for water pipeline design and construction. 2.05 The District shall provide a copy of the plans and specifications for the City Water Line Improvements to the Executive Director of City Utilities, or to his authorized representative, for review and approval prior to the District awarding the contract for construction of these improvements. 2.06 The District shall advertise the Project for competitive sealed proposal or competitive bid in accordance with State law. 2.07 The District shall award the Project to the Contractor submitting the proposal or bid which provides the best value to the District in accordance with Chapter 2269 of the Texas Government Code or other applicable State law. 2.08 The District shall require that the Contractor who is awarded the work on the City Water Line Improvements to provide insurance coverage in the minimum amounts required by the City's Insurance Requirements as set forth in Exhibit "B" attached hereto. This includes naming the City of Corpus Christi, it's elected officials, officers and employees as an Additional Insured under those insurance policies specified in Exhibit "B." 2.09 The District shall require Contractor to furnish a Performance Bond and Payment Bond for the Project as required by State law. The District further agrees to provide the City with a copy of the Construction Agreement between the District and Contractor, along with copies of applicable Certificates of Insurance, Insurance policy endorsements and copies of the Performance and Payment Bonds. 2.10 The City will reimburse District for all costs associated with the City's Water Line Improvements (except where those costs which are covered by GCGV) as described in this Interlocal Agreement and attached Exhibit "A" in an amount not to exceed THREE HUNDRED THOUSAND AND NO DOLLARS ($300,000.00). The District will invoice the City for these costs and the City will pay said invoice within sixty (60) days of receipt. Should the City dispute any costs or charges from District associated with the design and/or construction of the City's Water Line Improvements, the District and City shall work to resolve said questions or disputes as quickly as possible. 2.11 The District shall provide City with a copy of any proposed change orders related to the City's Water Line Improvements for review and approval before the District approves any change orders with the Contractor. INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 3 2.12 The District shall submit a copy of As -Built Plans for the City's Water Line Improvements upon completion of the work and payment by City. 2.13 Upon final payment from the City and final acceptance of the Project by City, the District shall transfer all right, title, and interest in the City's Water Line Improvements to the City as described herein and depicted in Exhibit "A." The District agrees to execute a Bill of Sale and Conveyance or such other documents required by City to transfer title to the City's Water Line Improvements and related facilities. 2.14 The District shall transfer any construction warranties or surety bonds applicable to the City's Water Line Improvements which are still in effect upon City's final payment. SECTION 3. TERM OF AGREEMENT 3.01 This Agreement shall become effective upon the date last signed by the parties hereto and shall remain in full force and effect until the City's Water Line Improvements are completed, final payment is made, and the District transfers title, ownership and operation of the City's Water Line Improvements over to the City. However, Section 5 of this Agreement shall survive such transfer for a period of ten (10) years. SECTION 4. DEFAULT 4.01 If either party determines that the other party is in default under this Agreement, the party claiming default by the other party shall give written notice to the other party, which states the nature of the default. The notice must be delivered to the defaulting party in accordance with the Notice provisions contained herein. The defaulting party shall have thirty (30) days to cure the default, or if such default cannot be reasonably cured within said thirty (30) day period, the defaulting party shall use reasonable efforts to cure the default as soon as possible. 4.02 If the defaulting party does not cure the default and reimburse the party not in default for any and all costs incurred as a result of the default within thirty (30) days, or if the default cannot be reasonably cured within a thirty (30) day period, and the defaulting party does not use reasonable efforts to cure the default and reimburse the party not in default for any and all costs incurred as a result of the default, the party claiming default may terminate this Agreement and seek any remedy available at law or in equity, including an action in mandamus or for specific performance. SECTION 5. INDEMNIFICATION 5.01 District agrees to indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents and employees ("Indemnitee") from and against any and all claims, damages, losses or expenses, including but not limited to Attorney's fees, court costs, or dispute resolution costs, INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 4 arising out of or resulting from District's obligations under this Agreement or District's performance of the work, violations of the law, or bodily injury, death, or destruction of tangible property caused by the negligent acts or omissions or intentional acts or omissions of the District or Engineers, Contractors, Subcontractors or Consultants working for the District or under the control of the District. Provided, however, nothing herein shall be construed to require District to indemnify Indemnitee against a claim, loss, damage or expense caused by the sole negligence or fault of Indemnitee. 5.02 District shall defend Indemnitee with legal 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 solely on the negligence or intentional act wrongful act of 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. SECTION 6. MISCELLANEOUS. 6.01 Amendment. This Interlocal Agreement may be amended only by written instrument duly executed by authorized representatives of each party. 6.02 Notices. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: San Patricio Municipal Water District Attn: General Manager P.O. Box 940 Ingleside, Texas 78362 City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 A copy of the Notice shall also be delivered to: City Attorney City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 5 6.03 Severability. Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon District and City, who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.04 Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 6.05 Governing Law and Venue. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 6.06 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all the other parties. [End of Page] INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 6 IN WITNESS HEREOF, the City and the District have made and executed this Agreement as of the date shown below in multiple copies, each of which is an original. SAN PATRICIO MUNICIPAL CITY OF CORPUS CHRISTI WATER DISTRICT Name: Name: Title: Title: Date: Date: ATTEST: ATTEST: Rebecca Huerta, City Secretary (Date) APPROVED AS TO FORM: APPROVED AS TO LEGAL FORM: (Date) Assistant City Attorney INTERLOCAL COOPERATION AGREEMENT FOR CORPUS CHRISTI FIBER OPTIC CONDUIT AND OTHER WATER LINE IMPROVEMENTS 7 13 NORTH 1Y Otibm county Road 1470 'fir 1 Ca,inty Raad?3E7 UPRR CROSSING 1-a Jrry (toag4 1-094 1q 5rldvi I le 181 1123 Taft ��nrn z COUNTY ROAD 3463 / GUM HOLLOW DITCH COWIN &ad lRtiii CROSSING FM 1074 CROSSING rat he 2 t / County Road 145E 1 PROPOSED TANK ON PLANT SITE \ 251, co...* Road 1144 Eduntr Road 190. 2+nn,. .12,10 NUECES RIVER CROSSING - LOW POINT OF SYSTEMaAm411110-i A •' UPRR CROSSING 624 Ca1all en • \ PROPOSED WATERLINE \\— ALIGNMENT - APPROXIMATELY 122,500 LF COUNTY ROADUPRR CROSSING 2467 -HIGH POINT OF SYSTEM \ FAA., —4, WATER LINE TRANSFERED TO CITY AFTER COMPLETION M*c1 Asp 0 O.N. STEVENS WATER TREATMENT PLANT IX -44 W FM 893 CROSSING cow=ry Road 336S �^ J County. Road 2004 nee SPMWD WEST PORTLAND PUMP STATION Hum A:nrnn 5z , Day Po 31 t Ym n11. Coady Road 2760 - •a 1 ��ti�6pr k,r r'ary S7 (ea PI "Reach 8 12. La z Sedwick Rd k uaShp,R� 1-3 At -2 RT} a 4 2 arandlO. .!s o Y • Lnnsu-Iti r Fi da. EPan A 4�}} in1 .,e..4 •.,...:,,,,..---- n Christ G Rese Ni11 ,P [mew? I,ar St L ioid 7, cc n Q ® 2017 HERE 0 AND 0 2017 Microsoft Corporation T rjnC 0 -, ol rM-I c o N W m L E AME L ALIGNMENT a, r W w i 0- C E 0 'z F, SCALE AS NOTED FOR INTERIM REVIEW: NOT FOR CONSTRUCTION, BIDDING OR PERMITTING PURPOSES. JAMES SCHWARZ PE NAME TX 89466 LICENSE NO. 1-31-17 DATE SHEET NUMBER 0001 OF 0001 PROPOSED 48" WATERLINE AND FIBER OPTIC CABLE - CITY OF CORPUS CHRISTI • MASTER METER - END CORPUS CHRISTI WATERLINE`' ----BEGIN SPMWD WATERLINE NORTH SIDE TEE AND VALVE FOR CITY OF CORPUS CHRISTI 'E=1 X zu 614 g O U4tt z u O (1) `~ F" V� w cn 6T4u Azo p.T.J 614 ,10 Lf) PROPOSED 54" WATERLINE AND FIBER OPTIC CABLE - CITY OF CORPUS CHRISTI , r r r - . SOUTH SIDE TEE AND VALVE FOR '44, CITY OF CORPUS CHRISTI `I,' �r l � •� l.: .w. r s r I`• wr • Ili+, -K I.Y` - 5. M a I JOE NUMBER 2017001 H m ZO z co w o W - 0 FOR INTERIM REVIEW: NOT FOR CONSTRUCTION, BIDDING OR PERMITTING PURPOSES. LAMES SCHWARZ, PE NAME TX 89466 LICENSE NO. 4-26-19 DATE SHEET NUMBER 0001 OF 0001 EXHIBIT "B" INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) 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 by endorsement, 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 AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this agreement, 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk 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, volunteers, 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 workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. 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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services — Services Performed Onsite - Pollution 04/26/2019 sw Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Water Utilities Kevinn@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Reagents and Consumables for Water Utilities CAPTION: Resolution authorizing a five-year supply agreement for the purchase of scientific water lab testing reagents and consumables with IDEXX Distribution, Inc. of Westbrook, Maine for an amount not to exceed $332,411. PURPOSE: This item is to approve a supply agreement for scientific water lab testing reagents and consumables supplies. These supplies will be utilized by the O. N. Stevens Laboratory for the analysis of the City of Corpus Christi's drinking water, surrounding communities' drinking water and the effluent testing of City's six wastewater treatment plants. BACKGROUND AND FINDINGS: IDEXX Distribution, Inc., is the sole manufacturer and supplier in the US water testing market. This testing is required by the Environmental Protection Agency (EPA) and administered by the Texas Commission on Environmental Quality (TCEQ). The City is a regional testing lab and tests the water for various cities in the surrounding area. The City charges for the service and the fees are reimbursed to the City. This is a sole source purchase. IDEXX Distribution, Inc. is the only provider of these supplies. 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 Department FINANCIAL IMPACT: X Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $251,319.46 $304,710.08 $556,029.54 Encumbered / Expended Amount $159,108.38 $0.00 $159,108.38 This item $27,700.92 $304,710.08 $332,411.00 BALANCE $64,510.16 $0.00 $64,510.16 Funding Detail: Fund: 4010 Water Organization/Activity: 31700 Water Utilities Lab Mission Element: 063 Water Quality Monitoring Project # (CIP Only): N/A Account: 520030 Chemical /Household Supplies RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Supply Agreement Resolution authorizing a five-year supply agreement for the purchase of scientific water lab testing reagents and consumables with IDEXX Distribution, Inc. of Westbrook, Maine for an amount not to exceed $332,411. WHEREAS, IDEXX Distribution, Inc. will provide scientific water lab testing reagents and consumable supplies to be utilized by the O. N. Stevens Lab for the analysis of the City of Corpus Christi's drinking water, surrounding communities' drinking water and the effluent testing of City's six wastewater treatment plants; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents. WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a supply agreement for the purchase of scientific water lab testing reagents and consumable supplies from IDEXX Distribution, Inc. of Westbrook, Maine, for an amount not to exceed $332,411. A copy of the agreement will be on file in the Office of the City Secretary. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 Page 2 of 2 Pricing Schedule Material ID Material Desc Unit Qty Year 1 - Unit Price Year 1 - Total Year 2 - Unit Price Year 2 - Total Year 3 - Unit Price Year 3 - Total Year 4 - Unit Price Year 4 - Total Year 5 - Unit Price Year 5 - Total 98-12973-00 WP2001 GAMMA IRRAD COLILERT 100ML 200PK Cases 20 530.00 10,600.00 546.00 10,920.00 563.00 11,260.00 580.00 11,600.00 597.00 11,940.00 98-08877-00 WP2001-18 GAMMA IRAD COLILERT-18 200PACK Cases 30 530.00 15,900.00 546.00 16,380.00 563.00 16,890.00 580.00 17,400.00 597.00 17,910.00 98-09221-00 WV120SBST-200,VESSELS W/ST AND SB, 200PK Cases 80 72.00 5,760.00 74.00 5,920.00 76.00 6,080.00 79.00 6,320.00 81.00 6,480.00 98-21375-00 WENT200 ENTEROLERT 100ML 200 -PACK Cases 20 743.00 14,860.00 765.00 15,300.00 788.00 15,760.00 811.00 16,220.00 836.00 16,720.00 98-21675-00 WQT2K QUANTI-TRAY 2000 DISPOSABLE 100/BX Cases 60 163.00 9,780.00 168.00 10,080.00 173.00 10,380.00 178.00 10,680.00 183.00 10,980.00 98-09227-00 WQT2KC, PRE-DISP.QT 2000 COMPARATOR Ea 1 26.00 26.00 26.00 26.00 26.00 26.00 27.00 27.00 27.00 27.00 98-11682-00 WP104 COLI P/A COMPARATOR Ea 1 11.00 11.00 11.00 11.00 12.00 12.00 12.00 12.00 13.00 13.00 98-09588-00 WV29OSBST-100, 290 ML VESSEL W/NA 100 -PK Cases 50 113.00 5,650.00 117.00 5,850.00 120.00 6,000.00 124.00 6,200.00 128.00 6,400.00 0.00 0.00 0.00 0.00 0.00 Total 62,587.00 64,487.00 66,408.00 68,459.00 70,470.00 Total $332,411.00 SUPPLY AGREEMENT 69798 Reagents and Consumables THIS Reagents and Consumables Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and IDEXX Laboratories ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Reagents and Consumables in response to Request for Bid No. SS 69798 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Reagents and Consumables in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 5 years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year 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. This Agreement is for an amount not to exceed $332,41 1.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Utilities Phone:(361) 826-1827 Email: dianaG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable 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, Texas 78410 Phone:(361) 826-1827 Fax: (361) 826-4488 IF TO SUPPLIER: IDEXX Laboratories Attn: Chin -Meng Chen Title: General Manager and VP Address: One IDEXX Drive, Westbrook, Maine 04092 Phone: (207) 556-6179 Fax: (207) 556-4630 17. SUPPLIER 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 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 Supplier 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 SUPPLIER Signature:(n5 �."�✓ Printed Name: C - Title: VPI6-ivvi Date: `4 d PI CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. SS 69798 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1. Supplier shall provide the 0. N. Stevens Laboratory with scientific water lab testing reagents and consumables supplies as needed. Supplies will include: a. WP2001 Gamma Irad Collier-100ML - 200 packs/case b. WP2001-18 Gamma Irad Collier 18- 200 packs/case c. WV120SBST Vessels with St and SB 200 packs/case d. WENT 200 Enterolert 100m1-200 packs/case e. WQT2K Quanti-Trays 2000 -Disposable 100/box f. WQT2KC Pre-Disp Quanti-Tray 2000 Comparator g. WP104 Coli/P/A Comparator h. WV290SBST-100, 290 ML Vessel W/NA-100/pack 2. Shipments will be delivered during normal business hours which include Monday -Friday 8:OOam - 5:OOpm. 3. Shipment will be delivered to 13101 Leopard Street, Corpus Christi, TX 78410 Attachment B - Bid Pricing Schedule a LABORATORIES April 4, 2019 Diana Zertuche Garza Contracts/Funds Administrator City of Corpus Christi - Utilities 361-826-1827 Diana, idexx.com IDEXX will be pleased to enter into a five-year purchasing agreement with the City of Corpus Christi. Below please find our pricing for the length of the contract term. Product Qty Total Price 2nd Year 3rd Year 4th Year 5th Year WP200I 20 $10,600.00 $10,920.00 $11,260.00 $11,600.00 $11,940.00 WP2001-18 30 $15,900.00 $16,380.00 $16,890.00 $17,400.00 $17,910.00 WV120SBST-200 80 $5,760.00 $5,920.00 $6,080.00 $6,320.00 $6,480.00 WENT200 20 $14,860.00 $15,300.00 $15,760.00 $16,220.00 $16,720.00 WQT-2K 60 $9,780.00 $10,080.00 $10,380.00 $10,680.00 $10,980.00 WQT2KC 1 $26.00 $26.00 $26.00 $27.00 $27.00 WP104 1 $11.00 $11.00 $12.00 $12.00 $13.00 WV290SBST-100 50 $5,650.00 $5,850.00 $6,000.00 $6,200.00 $6,400.00 $62,587.00 $64,487.00 $66,408.00 $68,459.00 $70,470.00 We appreciate our relationship and look forward to continuing to support your testing needs. Total Price $332,411. Respectfully, (143,-/, Chvh-M()XV (9V1 Attachment C: Insurance and Bond Requirements No insurance or bonds are required for this supply agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8 (B) is null to this supply agreement. Page 1 of 1 Material ID Commodity/COO 98-13174-00 3822005090/US 98-08877-00 3822005090/US 98-12973-00 3822005090/US 98-09221-00 3926909910/US 98-21675-00 3926909910/US 98-05761-01 3822001090/US 98-12860-00 3822001090/US 98-11682-00 3822005090/US 98-09227 -00 3822005090/US 98-29000-00 3822005090/US 98-14079-00 3926909910/US 91-06263-00 88888888/US 98-29007-003822005090/US 98-20748-01 3822005090/US EXHIBIT A-1 QPA PRICING Description WCLS2001 Colisure 200T IR WP2001-18 GAMMA IRAD COLI WP2001 GAMMA IRRAD COLILE WV120SBST-2OO,VESSELS W/S WQT2K QUANTI-TRAY 2000 DI WHPC-100 HPC,SIMPLATE MUL WHPC-40M SIMPLATE MEDIA 0 WP104 COLI P/A COMPARATOR WQT2KC, PRE-DISP.QT 2000 UN3373-WQC COLIFORM / E. WV150SB-200, VESSELS W/SB Simplate 1.5 (1 Bag of 25), Irradiated WQC E. Coli UN3373-WKIT 1001, QUANTI-CULT UOM Unit Price EA 690.10 EA 690.10 EA 587.10 EA 82.40 EA 103.00 EA 231.75 EA 100.11 EA 11.33 EA 21.63 EA 191.47 EA 166.83 EA 24.00 EA 210.82 EA 237.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: May 6, 2019 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Water Utilities Kevinn@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Liquid Chlorine 1 — Ton Cylinders for O.N. Stevens Water Treatment Plant JI CAPTION: Motion authorizing a two-year supply agreement for the purchase of liquid chlorine 1 -ton cylinders from DPC Industries, Inc. of Houston, Texas for a total amount not to exceed $102,000. PURPOSE: This item is to approve a supply agreement for liquid chlorine in 1 -ton cylinders for the O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The liquid chlorine will be used in treatment of potable (drinking) water. Liquid chlorine is defined as the commercially available form of liquefied elemental chlorine gas. The product liquid chlorine 1 -ton cylinders is a secondary system and only runs when the primary feed system is offline. The Contracts and Procurement Department conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive bid, and staff is recommending the award to the lowest, responsive, responsible bidder, DPC Industries Inc. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,557,349.43 $85,000.00 $8,642,349.43 Encumbered / Expended Amount $3,955,081.65 $3,955,081.65 This item $17,000.00 $85,000.00 $102,000.00 BALANCE $4,585,267.78 $4,585,267.78 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 4010 Water Fund 31010 Stevens Filter Plant 062 Treat Water N/A 520010 Purification chemicals RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Contracts and Procurement Buyer: Cynthia Perez Bid Tabulation RFB 2156 Liquid Chlorine 1 -Ton Cylinder ITEM DESCRIPTION UNIT QTY Number of Cylinders at ONSWTP Per Month DPC Houston, TX UNIT PRICE EXTENDED PRICE 1 Liquid Chlorine 1 -Ton -Cylinder Tons 80 $1,200.00 $96,000.00 2 Rental Fee For Each Cylinder Per Month Months 24 5 $50.00 $6,000.00 TOTALS $102,000.00 SUPPLY AGREEMENT NO. 2156 Liquid Chlorine 1 -Ton Cylinder THIS Liquid Chlorine 1 -Ton Cylinder Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and DPC Industries, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Chlorine 1 -Ton Cylinder in response to Request for Bid No. 2156 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Liquid Chlorine 1 -Ton Cylinder in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 24 months. 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. This Agreement is for an amount not to exceed $102,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Utilities Phone: (361) 826-1827 Email: dianaG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, HCA taxes, unemployment taxes and all other applicable 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, Texas 78410 Phone: (361) 826-1827 Fax: (361) 826-4488 IF TO SUPPLIER: DPC Industries, Inc. Attn: Edward Manzano Title: Territory Manager Address: P.O. Box 130468, Houston, Texas 77219-0468 Phone: (361) 289-6947 Fax: N/A 17. SUPPLIER 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 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 Supplier 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Supplier shall supply liquid chlorine in 1 -ton cylinders per scope of work. Liquid chlorine is defined as the commercially available form of liquefied elemental chlorine gas. B. The liquid chlorine will be use in treatment of potable(drinking) water. C. The liquid chlorine must conform to: 1. American National Standards Institute/American Water Works Association Standards for Liquid Chlorine, ANSI/AWWA B301-18 or latest revision. 2. American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60 or latest revision. 3. Conformance to ANSI/NSF 60 or latest revision shall be obtained by certification of this product by an agency recognized by the Texas Natural Resource Conservation Commission. 1.2 Delivery A. The City will place orders for liquid chlorine in 1 -ton cylinders on an as needed basis. This is a secondary system and only runs when the primary feed system is offline. B. The Supplier shall deliver the material with lead time of less than or equal to 7 days. In unusual circumstances, the City will accept lead time of 10 days. C. Delivery is to be made to the City of Corpus Christi O.N Stevens Water Treatment Plant Rail Road Spur, 13101 Leopard St, Corpus Christi, Texas 78469-9277. Delivery hours are to be determined by the Contractor and the rail company. D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the product and along with the product. E. The supplier shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order, complies with all applicable requirements of ANSI/AWWA B301-18 and ANSI/NSF 60 shall be provided to the City of Corpus Christi, Plant Manager, 13101 Leopard St, Corpus Christi, Texas 78469-9277. 1.3 Ownership City's ownership of the Liquid Chlorine in 1 -ton cylinders shall begin, and supplier's ownership shall cease, upon arrival of the cylinder at the unloading rack at the O.N Stevens Water Treatment plant. 1.4 Testing The City of Corpus Christi reserves the right to have the product supplied tested at any time during the Contract period. An independent laboratory would do such testing. Failure to meet specification shall result in the testing rate costs to be borne by the Supplier. 1.5 Containers A. The Supplier shall supply Liquid Chlorine in 1 Ton Cylinders. B. The Supplier shipping containers for Liquid chlorine shall conform to applicable regulations of the federal, state and Interstate Commerce Commission. C. The Supplier shall send containers that are reconditioned and maintained in accordance with the latest edition of "Container Procedure at Chlorine Packaging Plants" issued by the Chlorine Institute Inc. The Supplier shall carefully examine the container for the leakage, damage and corrosion before delivery. D. All chlorine containers shall have legible tag(s) securely attached which, in addition to the information routinely furnished, shall indicate the following container history: 1. Date of last visual inspection in accordance with Compressed Gas Association, Inc standards. 2. Date the valves were overhauled 3. Date the fuse plugs were tested and/or renewed 4. Date the container was last cleaned 1.6 Inspection The City of Corpus Christi reserves the right to make unannounced inspection of the supplier's plant and facilities at any time, in order to insure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. 1.7 Safety Measures A. The Supplier shall provide with the following information. The information is to be continually updated as revisions occur during the contract period. 1. Location of nearest emergency station 2. Name of person in charge of emergency crew 3. Telephone number to be called for emergency service and/or normal maintenance B. The Supplier shall assure that in case of emergency condition, trained emergency crews and equipment shall be made available on a 24-hour basis. C. The Supplier shall assure that in case of non -emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. 1.8 Invoicing A. Invoicing is to be done for each shipment. The invoice shall include P.O number or supply agreement no, ordering agency, unit price and total price. B. Approval of the payment shall be authorized by the Contract Administrator. Date: " Iii CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 2156 Liquid Chlorine 1 -Ton Cylinder Authorized Bidder: 17 L SiCWS. 1NC. - Signature: biws)k\Alam, PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. e. Bidder shall provide a copy of report with its bid. f. Bidder shall provide a copy of the SDS with its bid. Item Description UNIT QTY Unit Price Total Price 1. Liquid Chlorine - 1 Ton Cylinder q Y Tons 80 $ � , �ce� , � '' $ c�(o 000 `'-12 •ti,;, r� t_ fi ''� C .� ti �z. Wiz. rn a t ►� . i rl c" -g-5 n c,ti3 t %L S Total $ 102,000.00 $ 6,000.00 Rental ATTACHMENT C- INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. C. 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 POLLUTION LIABILITY $1,000,000 Per Occurrence Page 1 of 3 D. 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. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insured by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in Page 2 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 Utilities Chemical Delivery of Liquid Chlorine in Tank Cars 03/11 /2019 sw Risk Management Page 3 of 3 Attachment D - Warranty Requirements Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement. AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2019 Second Reading for the City Council Meeting of May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Kevin Norton, Director of Water Utilities Kevinn(a�cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Purchase of Trailer Mounted Manhole Rehabilitation Equipment for Utilities CAPTION: Resolution authorizing the purchase of trailer mounted manhole rehabilitation equipment from Action Products Marketing Corp, of Johnston, Iowa for a total amount not to exceed $131,160. PURPOSE: This item is to approve the purchase of trailer mounted manhole rehabilitation equipment for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department currently has the requirement to purchase trailer mounted manhole rehabilitation equipment. This unit will be used in the repair of manholes throughout the City. This unit will be an addition to the fleet. The unit has a diesel driven hydraulic power plant and compressed air system, hydraulic water delivery system, adjustable boom for deployment of spin cast equipment, dual poly water storage system for use with antimicrobial additives. All controls for all components are accessible from the trailer deck. A three-day system training is included in the price. This is sole source purchase. Action Products Marketing Corp, is the only manufacturing company authorized to design, integrate, test and sell this equipment. ALTERNATIVES: N/A 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: Asset Management Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,071,021.11 $0.00 $8,071,021.11 Encumbered / Expended Amount $6,584,286.11 $0.00 $6,584,286.11 This item $131,160.00 $0.00 $131,160.00 BALANCE $1,355,575.00 $0.00 $1,355,575.00 Funding Detail: Fund: 5110 Fleet Maint Svc Organization/Activity: 40120 Equipment Purchases Fleet Mission Element: 202 Maintain the Fleet Project # (CIP Only): Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of trailer mounted manhole rehabilitation equipment from Action Products Marketing Corp, of Johnston, Iowa for a total amount not to exceed $131,160. WHEREAS, Action Products Marketing Corp will provide trailer mounted manhole rehabilitation equipment and training for the Utilities Department; WHEREAS, this equipment will be utilized to repair manholes throughout the City. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Section 252.022(a) (2) and (a) (7) (A), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and this equipment is available from only one source. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure the purchase from Action Products Marketing Corp of Johnston, Iowa, for a total amount not -to -exceed $131,160.00. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 Page 2 of 2 City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Price Sheet Trailer Mounted Manhole Rehabilitation Equipment TOTAL $131,160.00 Action Products Mktg. Corp Johnston, Iowa ITEM DESCRIPTION Qty. Unit Unit Price Total 1 Trailer Mounted Manhole Rehab 1 Each $124,900.00 $124,900.00 2 Three Day System Training 1 Each $3,615.00 $3,615.00 3 Freight 1 Each $2,645.00 $2,645.00 TOTAL $131,160.00 AGENDA MEMORANDUM Future Item for the City Council Meeting May 14, 2019 Action Item for the City Council Meeting May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Welding Heavy Equipment for Asset Management CAPTION: Motion authorizing a three-year service agreement for welding services with Carrillo's Welding Services, of Corpus Christi, Texas, for an amount not to exceed $228,000. PURPOSE: This item is to approve a service agreement with Carrillo's Welding Services for as - needed welding services for Asset Management, Fleet Maintenance. BACKGROUND AND FINDINGS: Fleet Maintenance needs a certified welder to repair various heavy equipment on an as - needed basis for equipment such as garbage trucks, dump bodies, frontend loader, lawnmower, and any other City owned fleet equipment. Fleet Maintenance previously fulfilled this need with a welder on staff, but it was determined an outside contract for as - needed services will best meet the needs of the department. The Contracts and Procurement Department conducted a competitive Request for Bid (RFB) process and received two bids, of which one was nonresponsive for failure to provide required certifications and one no bid. Carrillo's Welding Services was the low bid and provided all required certifications. Staff recommends award to Carrillo's Welding Services. 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: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,781,652.79 $202,000.00 $1,983,652.79 Encumbered / Expended Amount $1,312,695.85 $0 $1,312,695.85 This item $26,000.00 $202,000.00 $228,000.00 BALANCE $442,956.94 $0 $442,956.94 Funding Detail: Fund: 5110 Fleet Maintenance Service Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle repairs RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement SERVICE AGREEMENT NO. 2137 Welding Heavy Equipment for Fleet THIS Welding Heavy Equipment for Fleet Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Carrillo's Welding Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Welding Heavy Equipment for Fleet in response to Request for Bid/Proposal No. 2137 ("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 Welding Heavy Equipment for Fleet ("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 three years, 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 -year 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. This Agreement is for an amount not to exceed $228,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: 361-826-1959 Email: BenjaminS@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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Benjamin Sanchez Title: Assistant Parts Foreman Address: 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: 361-826-8255 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Carrillo's Welding Services Attn: Horacio Carrillo III Title: Owner/Operator Address: P.O. Box 271312, Corpus Christi, Texas 78427 Phone: 361-548-6406 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, 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR Signature: Printed Name: vacici_OJ2 2 J/ 7T Title: dbo r /'pe r(x-,gyp <` Date: Qin,/ -a `/ >c/9' CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. 2137 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Forma Page 7 of 7 Approved as to Legal Forrn October 1, 2018 1.1 Attachment A: Scope of Work General Requirements/Background Information The Contractor shall weld equipment for the Asset Management Department on an as needed basis as outlined in this Scope of Work. Equipment may include but is not limited to: garbage trucks, dump bodies, frontend loader, lawnmower, or any City owned Fleet equipment requiring repair. 1.2 Scope of Work A. The Contractor must supply all equipment, tools, and labor necessary to perform the services. B. The City will provide the supplies and materials for welding, such as plates of steel. The Contractor shall be responsible to pick up the necessary supplies and materials after they have been purchased by the City. C. The Contractor must meet industry standards for all services provided. D. The Contractor must follow all applicable safety regulations and guidelines. E. The Contractor may be required to travel to locations when repairs are not able to be taken to the Contractor's place of business. F. The Contractor shall work on weekends and holidays if work requires. G. The Contractor shall give priority to Solid Waste vehicles over other City vehicles and equipment. H. The Contractor shall have a 48-hour turnaround time when materials are available. I. The Contractor must have a certified welder perform the work. J. The Contractor must have a secure facility to hold the City equipment while working on equipment at the Contractor's place of business. K. The Contractor's place of business shall be within a 10 -mile radius from the City Garage located at 5352 Ayers Street, Corpus Christi, Texas 78415. 1.3 Work Site and Conditions The work may be performed at the Contractor's place of business, the City Garage, or the current location of the equipment. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Page 1 of 2 contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Warranty The Contractor shall provide a six-month workmanship warranty. 1.6 Special Instructions The Contractor shall submit a quote to the Contract Administrator or designee for the services and time for the repair prior to the work being done. Page 2 of 2 Attachment B: Bid/Pricing Schedule Date: ► i �� .420/9 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFU No. 2137 Welding Heavy Equipment for Fleet PAGE 1 OF 1 Authorized Bidden Ca Cal 111o:seje•Un5 7t'0kESSignature:ifft:41/6) ge../71.2L. t s" 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price For each item. 3. In submitting this bid, Bidder certifies than a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of interest information on fife with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c, Bidder is current with all taxes due and company is in good standing with ail applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RfB. Item Description UNIT OXY Unit Price Total Price 1 Hourly rate for welding Fleet HRS 6,000 A-262 Elz) equipment as outlined in the ' • ``"i .tiri "102: 026400 Scope of Work (approximately 2,000 hours per year) Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit Page 1 of 4 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: D. City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 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: Page 2 of 4 • 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. Page 3 of 4 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Facility and Property Management General Welding Services 02/28/2019 sw Risk Management BOND REQUIREMENTS: There are no bonds required, therefore Section 5(B) is null for this agreement. Page 4 of 4 Attachment D: Warranty Requirements Contractor will provide a six-month workmanship warranty. Page 1 of 1 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: NICOLE MALAIN BID TABULATION RFB 2137 WELDING HEAVY EQUIPMENT FOR FLEET 'National's Welding Services was deemed non-responsive for not providing welding certifications stamped by a certified welding inspector. Page 1 of 1 Carrillo's Welding Services Corpus Christi, Texas National's Welding Services' Corpus Christi, TX Wight's Collision Repairs, Inc. Corpus Christi, TX ITEM DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE Hourly rate for welding Fleet equipment as outlined in the Scope of Work (approximately 2,000 hours per year) HRS 6,000 $ 38.00 $ 228,000.00 $ No Bid 'National's Welding Services was deemed non-responsive for not providing welding certifications stamped by a certified welding inspector. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: May 14, 2019 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredScctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Lease Purchase of Articulating Boom Lift for CCIA CAPTION: Motion authorizing a three-year service agreement with All Around Access LLC of Naples, Florida for the lease purchase of an articulating boom lift including a three-year extended warranty service for a total amount not to exceed $99,889.59. PURPOSE: This item allows for the lease purchase of an articulating boom lift with a three-year warranty. BACKGROUND AND FINDINGS: The Aviation Department needs an articulating boom lift to perform maintenance and repair projects on the airport terminal, including remote airport structures, on a regular basis. This lift will be used for maintenance and repair of exterior lighting fixtures, external facia of terminal and associated buildings, airside and landside grounds and landscape year-round. The department does not currently own an articulating boom lift and has been renting one to perform maintenance and repairs on the airport property. The department has determined it is more cost effective to lease purchase an articulating boom lift due to the aging terminal and facilities requiring more frequent maintenance. The purchase of an articulating boom lift will also provide the Aviation Department the capability to perform repairs in a timely manner. The Purchasing Division conducted a competitive Request for Bid (RFB) process and received three bids and one no bid. Staff recommends award to the lowest responsive, responsible bidder, All Around Access LLC. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Financing for the lease purchase of the articulating boom lift is based on a sixty -month term with an estimated interest rate of 4.20% for an annual estimated payment of $19,977.92. The total estimated cost over the five-year period, including principal of $89,957.00 and interest of $9,932.59 is $99,889.59. Total Lease Purchase Price: Total estimated allowable interest for Lease: Grand Total: CONFORMITY TO CITY POLICY: $89,957.00 $ 9,932.59 $99,889.59 This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $15,000.00 $89,900.64 $104,900.64 Encumbered / Expended Amount $0 $0 $0 This item $9,988.95 $89,900.64 $99,889.59 BALANCE $5,011.05 $0 $5,011.05 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 4610 Airport 35040 Facilities 271 Maintain Faculties on Airport Property N/A 530190 Lease Purchase Payments RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: NICOLE MALAIN BID TABULATION BID NO. 2051 ARTICULATING BOOM LIFT FOR CCIA Page 1 of 1 All Around Access LLC Naples, FL American Material Handling, Inc. Watkinsville, GA Craneworks, Inc. Houston, TX H&V Equipment Services, Inc. Corpus Christi, TX ITEM DESCRIPTION UNIT QTY TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE 1 Articulating Boom Lift including delivery, demonstration, and warranty as outlined in the Scope of Work Each 1 $ 89,957.00 $ 98,656.00 $ 160,000.00 No Bid Page 1 of 1 SERVICE AGREEMENT NO. 2051 Articulating Boom Lift for CCIA THIS Articulating Boom Lift for CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and All Around Access LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Articulating Boom Lift for CCIA in response to Request for Bid/Proposal No. 2051 ("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 Articulating Boom Lift for CCIA ("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 three years, 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 -year 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. This Agreement is for an amount not to exceed $89,957.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabriel Anton Department: Aviation Phone:361-289-0171 x1266 Email: GabrielA2©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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Gabriel Anton Title: Facilties Manager Address: 308 Hangar Lane, Corpus Christi, Texas 78406 Phone: 361-289-0171 x1266 Fax: 361-826-4404 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: All Around Access LLC Attn: Rick Mellert Title: Manager Address: 2095 47th Avenue NE, Naples, Florida 34120 Phone: 289-206-7594 Fax: 855-834-7319 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR /;t Signature: Printed Name: ick /�l ec t -6e T Title: /141911in & Date: CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. 2051 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 Background A. The Contractor will provide an articulating boom lift for the Corpus Christi International Airport (CCIA) to perform maintenance and repair projects on the airport terminal, including remote airport structures. The lift will be used for maintenance and repair of exterior lighting fixtures, external facia of terminal and associated buildings, airside and landside grounds and landscape maintenance. 1.2 Scope of Work A. The Contractor will provide a new articulating boom lift with the following minimum specifications: a. Able to reach a minimum height of 60 feet b. Two -wheel drive c. Diesel engine d. Self-propelling B. The Contractor will deliver the equipment to the CCIA Maintenance Facility Building at 308 Hangar Lane, Corpus Christi, Texas 78406. Delivery will be F.O.B. Destination. The Contractor will schedule the delivery with the Contract Administrator at the earliest availability after receipt of the Notice to Proceed. C. The Contractor will provide an on-site demonstration to familiarize employees on proper use of the lift, to be scheduled with the Contract Administrator. 1.3 Warranty A. The Contractor will provide a three-year warranty, and all warranty services must be performed on-site at the Corpus Christi International Airport located at 1000 International Drive, Corpus Christi, Texas 78406. The warranty must include coverage of the following at minimum: a. Hydraulics b. Electronics c. Tires d. All mechanical components Page 1 of 1 N Date: ` ° /1 9 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 2051 Articulating Boom Lift for CCIA Authorized Ai Bidder: L ductw s t) �� Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Total Price 1 Articulating Boom Lift including delivery, demonstration, and warranty as outlined in the Scope of Work EA 1 ` 39,S U t> " N UJ J to - 2 wket / ciriac, cl(efe � e(f ro„,//Q0% 1 pur+S /JOo( Warrcwst7, y Ay ci r4.w!'c btkir4 1 !flyPyr/ l-riActurc.f 'Iny&c(& L 0cr,�, ( Sr rvi.ce wit( to t rovemoo/ Carr evcf fear ane t�JF_c -- LPa.ol f•p .fG eel `b chtuAie, f trice e bc_srievri-Mf.) 1r -A/0 Pj+c4 INCL u Ej IC/9h r c t /9-e: /1-77 dr ) Page 1 of 1 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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 1 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 2 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. 2019 Insurance Requirements CCIA - Lease Purchase Agreement for Articulating Boom Lift Including Maintenance and Service 02/11/2019 sw Risk Management BOND REQUIREMENTS: There are no bonds required, therefore Section 5 (B) is null for this agreement. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor will provide a three-year warranty, and all warranty services must be performed on-site at the Corpus Christi International Airport located at 1000 International Drive, Corpus Christi, Texas 78406. The warranty must include coverage of the following at minimum: hydraulics, electronics, tires, and all mechanical components. Please note the warranty work will be provided by local United Rentals service provider. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting 5/14/2019 Action Item for the City Council Meeting 5/21/2019 DATE: May 3, 2019 TO: Keith Selman, Interim City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3360 Resolution suspending the date of AEP Texas Inc.'s requested rate change CAPTION: Resolution of the City of Corpus Christi, Texas suspending the June 5, 2019 effective date of AEP Texas Inc.'s requested rate change to permit time to study the request and to establish reasonable rates; approving cooperation with the cities served by AEP Texas and authorizing intervention proceedings before the Public Utility Commission; hiring attorneys and consulting services; and requiring reimbursement of cities' rate case expenses PURPOSE: AEP Texas Inc ("AEP") filed an application on May 1, 2019 seeking to increase system- wide distribution rates by $38.3 million per year (an increase of 4.2%), and decrease system -wide transmission rates by $3.16 million (a decrease of 0.7%) to be effective June 5, 2019. According to AEP, the impact of this approval on an average residential customer would be an increase of about $4.75 per month for customers in the Central Division, and a decrease of $5.01 for customers in the North Division. The City of Corpus Christi is in the AEP Central Division. The purpose of this Resolution is to suspend the effective date of Statement of Intent to Change Rates proposed by AEP s and authorize the City to intervene in the Company's rate case proceeding before the Public Utility Commission in Docket No. 49494. BACKGROUND AND FINDINGS: This Resolution suspends the June 5, 2019 effective date of AEP's rate change for the maximum period permitted by law to allow the City, working in conjunction with other Cities served by AEP Texas to intervene in the Public Utility Commission Docket No. 49494 to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, AEP Texas's rate request is deemed approved. ALTERNATIVES: Do not approve the Resolution OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This Resolution conforms to City policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS SUSPENDING THE JUNE 5, 2019 EFFECTIVE DATE OF AEP TEXAS INC.'S REQUESTED RATE CHANGE TO PERMIT TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE CITIES SERVED BY AEP TEXAS AND AUTHORIZING INTERVENTION PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISSION; HIRING ATTORNEYS AND CONSULTING SERVICES; AND REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES WHEREAS, on or about May 1, 2019, AEP Texas Inc. ("AEP Texas" or "Company"), pursuant to Public Utility Regulatory Act ("PURA") §§ 33.001 and 36.001 filed with the City of Corpus Christi, Texas ("City") a Statement of Intent to change electric delivery rates in all municipalities exercising original jurisdiction within its service area, effective June 5, 2019; and WHEREAS, the City is an electric utility customer of AEP Texas and a regulatory authority with an interest in the rates and charges of AEP Texas; and WHEREAS, the City is a member of the Cities Served by AEP Texas ("Cities"), a membership of similarly situated cities served by AEP that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in AEP Texas' service area; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, the City retains its rights as a city with original jurisdiction including the right to suspend the application; and WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; and WHEREAS, the City's consultants and attorneys recommend that the City suspend the application for further review. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the June 5, 2019, effective date of the rate request submitted by AEP Texas on or about May 1, 2019, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. SECTION 2. That the City joins other Cities Served by AEP Texas in this proceeding and, subject to the right to terminate employment at any time, hereby authorizes the hiring of Thomas Brocato of Lloyd Gosselink Rochelle and Townsend, P.C, and consultants to review the Company's filing, negotiate with the Company, and make recommendations regarding reasonable 7836500 1 rates and to represent the City in any necessary administrative proceedings or court litigation associated with an appeal of City action. SECTION 3. That the City shall work with Cities Served by AEP Texas in the review and evaluation of whether the proposed rates are appropriate, fair, just, and reasonable; and, intervene as a necessary party in the Public Utility Commission of Texas' consideration of AEP Texas' rate filing in Docket No. 49494 as it affects the customers in the unincorporated areas of AEP Texas' service territory. SECTION 4. That the City's reasonable rate case expenses shall be reimbursed by AEP Texas. SECTION 5. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 6. A copy of this Resolution shall be sent to AEP Texas, care of Jennifer Frederick, American Electric Power Company, 400 West 15th Street, Suite 1520, Austin, Texas 78701 (jjfrederick@aep.com), and to Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701 (tbrocato@lglawfirm.com). PASSED AND APPROVED this ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Corpus Christi, Texas day of , 2019. MAYOR day of , 2019 The above resolution was passed by the following vote: 7836500 2 Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 7836500 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting 5/14/2019 Second Reading Ordinance for the City Council Meeting 5/21/2019 DATE: TO: May 3, 2019 Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 Urban Transportation Plan Amendment - Addition of Regional Parkway between Park Road 22 and State Highway 286 CAPTION: Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adding the Regional Parkway, located between Park Road 22 and State Highway 286, with a designation of RA3 Primary Rural Arterial. PURPOSE: The purpose of this item is to update the future street network designated in the City's Urban Transportation Plan for the Regional Parkway, a major thoroughfare planned by the Corpus Christi Metropolitan Planning Organization (MPO). BACKGROUND AND FINDINGS: On April 12, 2017, the Corpus Christi Metropolitan Planning Organization, in cooperation with the City of Corpus Christi, completed the Regional Parkway Planning and Environmental Linkages Study (PELS) to further refine transportation needs in the area south of the City's limits and potential route alignment alternatives. PELS centered on Segments A and B, as well as the future extension of Rodd Field Road, between Yorktown Boulevard and Regional Parkway. Segment A (Park Rd 22 to Rodd Field Road) extends from the intersection of Park Road 22 (PR 22), on Padre Island to an area just south of the proposed extension of Rodd Field Road. Segment B (Rodd Field Road to State Highway 286) extends from the western terminus of Segment A to the intersection of State Highway 286 (Crosstown Expressway). Regional Parkway will be south of Oso Creek. The PELS evaluated several alignment alternatives for Regional Parkway, Segment A and Segment B, and Rodd Field Road extension. It recommended the highest ranked alternative alignments be added to the City's Urban Transportation Plan (UTP): Segment A from Park Road 22 to a proposed Rodd Field Road Extension (approximately. 9.9 miles); Segment B from a proposed Rodd Field Road Extension to State Highway 286 (approximately 3.8 miles); and a realigned Rodd Field Road extension, south of Yorktown Boulevard (approximately 3.0 miles). As a multimodal corridor, the Regional Parkway will add mobility and connectivity capacity in the Corpus Christi transportation network, to relieve traffic congestion on State Highway 358 (South Padre Island Drive) and State Highway 357 (Saratoga Boulevard). It is envisioned as an at -grade, multi -lane facility with limited access which could accommodate vehicles and other transportation modes including mass transit, bicycles, and/or pedestrians. It will serve as a secondary hurricane evacuation route for South Padre Island, in lieu of John F. Kennedy Memorial Causeway. At year 2035, the PELS projected future build traffic volumes: Regional Parkway, Segment A — 8,449 vehicles per day; Regional Parkway, Segment B — 4,255 vehicles per day; and Rodd Field Road extension — 6,406 vehicles per day. This ordinance amendment will only add Regional Parkway, between Park Road 22 and State Highway 286, with designation as RA3 Primary Rural Arterial, from the City's UTP Map. RA3 Primary Rural Arterial has: 240 feet right of way width; 78 feet pavement width; four travel lanes with shoulders and median ditch. Action on Rodd Field Road extension realignment is deferred for staff review of its infrastructure and development impacts. ALTERNATIVES: Denial of the proposed amendment. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy, MobilityCC, and Plan CC Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering) Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: n/a Organization/Activity: n/a Mission Element: n/a Project # (CIP Only): n/a Account: n/a RECOMMENDATION: City staff, the Transportation Advisory Commission, and the Planning Commission recommend approval of the proposed amendment to add the Regional Parkway, located between Park Road 22 and State Highway 286, as an RA3 Primary Rural Arterial designation to the City's Urban Transportation Plan map. LIST OF SUPPORTING DOCUMENTS: Presentation Planning and Environmental Linkages (PEL) Study Ordinance Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adding the Regional Parkway, located between Park Road 22 and State Highway 286, with a designation of RA3 Primary Rural Arterial. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, the Planning Commission held a public hearing on Wednesday, March 6, 2019, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, May 14, 2019, regarding amendments to the Corpus Christi Urban Transportation Plan map, 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 Corpus Christi Urban Transportation Plan map of MobilityCC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by adding an RA3 Primary Rural Arterial for the Regional Parkway between Park Road 22 and State Highway 286 (Crosstown Expressway) and south of Oso Creek, as shown on Exhibit "A." SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, 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. Page 1 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 C O O O f0 2 4) U) U) C 4) O 0 (0 C E d (0 2 E 0 J 4) 0 W uJ W Page 3 of 3 Regional Parkway Urban Transportation Plan Amendment Council Presentation May 14, 2019 Purpose & Need for Regional Parkway • Reduce traffic congestion and facilitate regional mobility and connectivity • Address safety issues and provide an alternate hurricane evacuation route • Facilitate economic and population growth • Preserve right-of-way n :-----*—--4/All Cor US Christi • 137,254- 123,678' $ Ferries operated by TXdOT (11�� kP ort Aransas Ingleside or the Bay Del Mar South Campus Mustang Island Hurricane Evacuation Route rhe •Growth on Island Hurricane Evacuation Route *ADT Volumes Source TxDOT2014 2 Potential Vision An at -grade multi -lane transportation corridor designed to accommodate multiple modes for optimal mobility. City Plan Amendment � r S. ■ ■ ! .) 1 -: i i i; G(--' ■ 1 'i- - ■ i / f ''',.'3'4‘ r 1 i ;mak 1- �� i i ,R°4 i u a--��L...*•..•'' Regional Parkway.......,...."'", -•:,- C, f-1 ■ • , Legend Deampabon, Statue —Ax =(i. •. --[9191,01 ■ 91. r•x..wl U7Jr1 r(v01 —eP-9111111) —A F1h1n] ...h,. �:Paac[—L:I tn2PC 1101 d[}w[t—W.,,9.» d—MN,ka-000 n .Irca.ca—C1.U[lio • CB. PR.01.0_0 iRA4r'.1,np 111910.11 --C,, P1v...d-I [n, [aiai.F .. a1. r.0[swi•, �R�2, P.•i» laf �..'Pe�.a 1-r1L_. i,r. I .IL n'. af/itl 'ha Cd5 i,hEsc. l7u nc.i•.1aon'�)End, V Ooa9S laL•e0MAap 05011 usor communiti URBAN TRANSPORTATION PLAN REGIONAL PARKWAY 0 0.5 2 ■1.11704 4 Recommendation Recommended for approval by: • Staff • Transportation Advisory Commission • Planning Commission Regional (Parkway SEGMENT A PARK RD. 22 - RODD FIELD RD. SEGMENT B RODD FIELD RD. - SH 286 SEGMENT C SEGMENT D SEGMENT E inziosz Planning and Environmental Linkages (PEL) Study • . —• Prepared by: Corpus Christi Metropolitan Planning Organization City of Corpus Christi CORPUS CHRISTI J.11,20 - March, 2017 CSJ: 0916-00-066 cCit of � �Corpus CIiritiii O$Svarri �aAssacraTEs- to Summary The Corpus Christi Metropolitan Planning Organization (CCMPO), in cooperation with the City of Corpus Christi (City), initiated the Regional Parkway Planning and Environmental Linkages (PEL) Study to further refine transportation needs The Regional Parkway PEL study area comprises numerous natural features as well as constructed elements. The examination of the environmental resources establishes a baseline data of existing conditions for further analysis in subsequent NEPA studies. and potential route alignment alternatives for two of the seven segments of independent utility identified in the Regional Parkway Mobility Corridor (RPMC) Feasibility Study (2013). The RPMC yielded seven segments, Segments A to G; this PEL centers on Segments A and B, as well as the future extension of Rodd Field Road. Segment A extends from the intersection of Park Road 22 (PR 22), on Padre Island to an area just south of the proposed extension of Rodd Field Road. Segment B extends from the western terminus of Segment A to the intersection of State Highway 286 (SH 286) (Crosstown Expressway). PEL studies are a collaborative and integrated approach to identifying mobility solutions, allowing the CCMPO and the City to review and consider community, environmental, and economic issues early in the transportation planning process. In turn, the CCMPO and City will use the information, analysis, and products developed during a PEL to inform future environmental reviews. The Regional Parkway PEL Study alternatives were developed and guided by establishing purpose and need as described later in this Report. This Study does not go so far as to determine the purpose and need for a NEPA action, but rather serves to inform a more robust NEPA process in future development phases. There has been discussion going back to the mid -eighties among the 1.0 Summary CCMPO, City, Nueces County and other interested parties concerning the need for an alternate major transportation route within Nueces County, particularly on the south side of Corpus Christi. The Texas State Data Center (TSDC) has projected that the population of the Corpus Christi Metropolitan Area, which includes Nueces and San Patricio Counties, will increase by 21 percent by 2050. This alternate route would be designed to address the expanding housing, industrial and commercial developments in Nueces County and the resulting traffic congestion and safety issues. This projected growth in population and its accompanying development activity is anticipated to result in a substantial increase in future traffic volumes by the year 2040 along existing roadways in Nueces County. This projected growth is likely to be concentrated on the south side of Corpus Christi and North Padre Island. A comprehensive public involvement process was undertaken as a part of the Study. There were several opportunities for public engagement and coordination with public agencies. Over 400 people received direct information about the project and information was made available to the wider public through the website, televised presentations, and media coverage. 1-1 The Regional Parkway PEL study area comprises numerous natural features as well as constructed elements. The examination of the environmental resources establishes a baseline data of existing conditions for further analysis in subsequent NEPA studies. Multiple alignment alternatives were established for the PEL on the basis of key parameters such as prioritization of existing public rights-of-way, previously disturbed areas, proximity to intersecting roadways, existing drainage features, as well as on the basis of feedback from the planning team and targeted stakeholder interviews. In total, eight (8) alternatives were considered in Segment A, four (4) alternatives were considered in Segment B, and three (3) alternatives were considered for the future extension of Rodd Field Road. These fifteen alternatives, along with the No -Build alternative, were subject to the screening process. The screening methodology and criteria were mutually agreed upon by the planning team and shared with stakeholders. It should be noted the initial screening is a high-level, pass/fail type analysis intended to eliminate alignment alternatives that do not meet purpose and need. Each of the alignment alternatives, other than the No -Build, meets the purpose and need of the Regional Parkway. Therefore, none of the alignment alternatives identified were eliminated from further study. The secondary evaluation process involves analyzing and differentiating between the alternatives in Segment A, Segment B and the extension of Rodd Field Road. Three areas of consideration were employed to conduct the secondary evaluation: Engineering considerations, environmental considerations, and stakeholder input. Each was evaluated using multiple criteria, each criterion was defined, and ranges were established for the purpose of scoring. The cumulative engineering, environmental, and stakeholder considerations and evaluation results for Segments A, B and Rodd Field Road are tabulated later in this Report. Next steps in the project planning process may include incorporation of the results of this PEL into the City of Corpus Christi's Urban Transportation Plan. Future planning efforts should include: further evaluation of strategies to avoid, minimize, and mitigate environmental impacts; consideration of additional connecting facilities; and assessment of potential funding strategies. Additionally, amendments to the City's Unified Development Code may be necessary to accommodate implementation of Regional Parkway. 1-2 )) These memoranda describe the processes and significant findings which formed the basis for the highest ranking alignment alternatives for subsequent environmental analyses under the National Environmental Policy Act (NEPA) process. Several technical memoranda are provided as appendices to this Report: Appendix A includes a Summary of Previous Studies and Project History relative to the Regional Parkway corridor. Appendix B includes the Purpose and Need Technical Memorandum. Appendix C includes the Stakeholder and Public Outreach Report which describes the public involvement efforts which have occurred throughout the study area. Appendix D includes the Affected Environment and Environmental Consequences Technical Memorandum, detailing existing environmental constraints. Appendix E contains the Alternatives Development and Evaluation Technical Memorandum, along with various supporting data. Appendix F Traffic Analysis Technical Memorandum includes additional data and analyses. Appendix G covers the Crossing of the Laguna Madre Bridge Type Study. Appendix H includes digital files of the Regional Parkway PEL Study Alignment Alternatives Exhibits, Design Summary Report, and Preliminary Cost Estimates. Appendix 1 includes the PEL Questionnaire, which was used as a guide during the study. 1-3 10.0 Conclusion & Recommendations The Regional Parkway PEL Study developed fifteen alignment alternatives that met the fundamental purpose and need of the PEL Study. These alternatives were subjected to a two-step evaluation process to identify alignment alternatives with the highest potential to meet the purpose and need of the Study, as defined in the RPMC Feasibility Study. The initial screening of the evaluation process was a high level pass/ fail type analysis designed to eliminate alternatives that did not meet the purpose and need. No alternatives (other than the No - Build) were found to not meet the purpose and need of the Study. In the secondary evaluation, each of the alignment alternatives was evaluated in greater detail on the basis of engineering considerations such as dimensional analyses, structural elements, and drainage elements; direct environmental impacts; and stakeholder input/support. The secondary evaluation process provided a more distinct comparison of alignment alternatives and ultimately identified the highest ranking alignment alternative for Segment A, Segment B, and the extension of Rodd Field Road. Of the eight alignment alternatives evaluated in Segment A, Alternative A-5 was the highest ranking alternative. Of the four alignment alternatives evaluated in Segment B, Alternative B-4 was the highest ranking alternative. The future extension of Rodd Field Road included the evaluation of three alternatives; Alternative R-3 was the highest ranking. The evaluation results lend themselves to a phased approach to future development. Project implementation can be phased over time to provide incremental benefit in terms of improved mobility and enhanced travel safety as the study area continues to experience growth. The PEL Study recommends each of the alignment alternatives A-5, B-4, and R-3 as shown in Figure 8 be carried forward and added into the City of Corpus Christi's Urban Transportation Plan. 10.0 Conclusion and Recommendations 10-1 Planning level order of magnitude cost estimates for each alignment alternative are provided and summarized in Appendix H. These costs are very conservative due to the conceptual nature of the alternatives and are suggested for planning purposes only. The capital cost elements considered such items as right-of-way preparation, paving, drainage and bridge structures. These items typically represent up to 80% of the costs associated with the development and construction of similar facilities. Additionally, a contingency factor of 20% was applied to each estimate for costs associated with engineering, ROW acquisition, utility coordination/ adjustment/relocation, and environmental mitigation strategies. The median estimated cost of alignment alternatives is $42.4M per mile. Costs are largely driven by the bridge structure quantities and the crossing of the Laguna Madre. Figure 8: Recommended Regional Parkway - Segment A5, B4 and R3 Next steps in the project planning process may include incorporation of the results of this PEL into the City of Corpus Christi's Urban Transportation Plan. Future planning efforts should include: further evaluation of strategies to avoid, minimize, and mitigate environmental impacts; consideration of additional connecting facilities; and assessment of potential funding strategies. Additionally, amendments to the City's Unified Development Code may be necessary to accommodate implementation of Regional Parkway. The CCMPO must continue to work collaboratively with the City and TxDOT to explore opportunities for including Regional Parkway in future updates of the MTP. The initial data collection and analyses presented in this PEL Study are intended to serve as a foundation for more comprehensive future field surveys and financial analyses necessary to consider Regional Parkway for placement on the State's transportation system. 10-2 10.0 Conclusion and Recommendations AGENDA MEMORANDUM First Reading on the City Council Meeting of May 14, 2019 Second Reading on the City Council Meeting of May 21, 2019 DATE: TO: May 3, 2019 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 Albert Quintanilla, P.E., Director of Street Operations Albertq@cctexas.com (361) 826-1957 Construction Contract Award Slough Road (Rodd Field Road to Amethyst Drive) (Type B Funded) CAPTION: Ordinance appropriating $154,430.54 and authorizing execution of a construction contract with Max Underground Construction, LLC of Corpus Christi in the amount of $5,400,889.65 for base bid plus Additive Alternatives No. 1, 2 and 3 for Slough Road (Rodd Field Road to Amethyst Drive) Improvement Project. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for reconstruction of Slough Road (Rodd Field Road to Amethyst Drive) and the construction Ametrine Road (County Road 7B - Slough Road to Brooke Road). BACKGROUND AND FINDINGS: The Slough Road Improvement Project was one of three Street Reconstruction projects (Slough, Everhart & Holly Road) approved by City Council and the Type B Board for funding with Type B funds (see attached Resolution and City Council Minutes). All three Type B projects were approved for 100% design funding in early 2018 with the intent of allowing construction to bid in early 2019. Project No.: 18042A 1 MA/LH Legistar No.: 19-0671 Rev. 1— 05/07/19 The existing Slough Road is a narrow, 2 -lane rural cross section roadway. In addition to being in poor condition, the road lacks sidewalks, underground drainage and adequate width to support the adjoining land uses. Slough Road is the single point of access and egress into an area with seven subdivisions comprising over 750 homes. Kolda Elementary is located at the intersection of Slough Road and Rodd Field. The school traffic further exacerbates the deficiencies of Slough Road and will complicate construction. The project scope includes reconstruction and widening of Slough Road with sidewalks, related storm water and underground utility improvements. To better accommodate access and egress during construction and to help ease congestion from the ongoing Rodd Field Road Improvement Project (Bond 2014), Engineering Services included improvements to County Road 7B (Ametrine) in the Slough Road bid documents. Without Ametrine, the construction of Slough Road would require periods of one-way restriction requiring flagmen to direct traffic around the Slough Road construction zone. Given the fact that Slough Road is already experiencing traffic congestion, the one-way restriction could create significant inconvenience to area residents and school traffic. Improvements to Ametrine will be the first phase for the Slough Road Project. The traffic control plan requires completion of Ametrine prior to restricting traffic to one lane on Slough Road. With Ametrine completed, the traffic control plan would allow one-way egress from Slough Road to Rodd Field with ingress using the newly constructed Ametrine Road to access Slough Road from Brooke Road. Construction of Ametrine Drive will be funded with remaining Bond 2008 Developer Participation funds combined with Developer Contributions collected from the two subdivisions bordering Slough / Ametrine intersection. Ametrine construction also requires some property acquisition where County Road 7B only has 30' of existing right-of-way. The amount for the approximate one acre of right-of- way is $40,000. Ametrine Drive from Slough to Aquamarine Drive (funded with developer contributions) will be improved with 2 -lanes with curb & gutter on both sides and a sidewalk with ADA ramps on the east side. Ametrine from Aquamarine to Brooke is proposed as a 2 -lane rural roadway with roadside drainage ditches. Project Scope: The cost estimate rose during the design phase due to unforeseen scope and traffic coordination. To try and remain within the originally proposed budget, the project was developed with a base bid plus four additive alternates described below: BASE BID — Includes street reconstruction of Slough Road and new construction of Ametrine as follows: • SLOUGH ROAD — Reconstruction from Rodd Field Road to Amethyst Drive (approximately 3,500 LF) with new dedicated left turn lane at Ametrine. Street work includes full -depth reconstruction of the existing 2 -lane HMAC roadway, adding new 5 -foot wide sidewalks with ADA ramps, curb & gutter, pavement markings and signage. Utility improvements includes new underground storm water with upgrades to wastewater, water, and gas. • AMETRINE DRIVE — New construction of a 2 -lane roadway with HMAC from Slough Road to Brooke Road (approximately 2,600 LF). Brooke to Aquamarine improvements include new HMAC 2 -lane rural roadway with roadside ditches, with no sidewalks or curb & gutter. Aquamarine to Slough will be a new 3 -lane HMAC roadway (2 -lanes with a turn lane) plus a new 5 -foot wide sidewalk on the east side with ADA ramps, and curb & gutter on both sides. Utility improvements are limited to a new water line from Brooke to Slough Road with limited Project No.: 18042A 2 MA/LH Legistar No.: 19-0671 Rev. 1— 05/07/19 wastewater improvements between Slough and Aquamarine to allow for removal of existing residential properties on existing septic systems. ADDITIVE ALTERNATE NO. 1 — Includes widening the new sidewalk along the south side of Slough from Rodd Field Road to Amethyst Drive from 5' to 8' to support the minimum requirements of a multi -use trail in the MPO approved bicycle plan. ADDITIVE ALTERNATE NO. 2 — Includes reconstruction of Slough/Pennine Way intersection with new HMAC pavement and extends the new sidewalk along the south side of Slough from Amethyst to the existing sidewalk just past Pennine Way intersection. ADDITIVE ALTERNATE NO. 3 — Includes the mill and overlay of Slough Road from Amethyst Drive to end of street cul-de-sac. ADDITIVE ALTERNATE NO. 4 — Eliminates construction of Ametrine Road and associated storm water, water, and wastewater line improvements. This does not remove the proposed designated turn lane from Slough Road to Ametrine Road, approximately $30,000. On April 26, 2019 the City received proposals from four (4) bidders. The proposal from CPC Interests was determined as non-responsive due to submission of the incorrect bid form. That did not affect order of the bids. The following is a summary of the bids received: BID SUMMARY CONTRACTOR BASE BID ADD. ALT. 1 ADD. ALT. 2 ADD. ALT. 3 ADD. ALT. 4 TOTAL BID BASE BID WITH ADD ALTs 1 - 3 $5,217,558.85 $46,364.00 $64,815.00 $72,151.80 ($913,544.75) $5,400,889.65 MAX UNDERGROUND CONSTRUCTION, LLC Corpus Christi, TX BAY LTD. Corpus Christi, TX $5,662,793.77 $78,783.20 $158,332.25 $83,330.10 ($871,115.00) $5,983,239.32 HASS-ANDERSON CONSTRUCTION, LTD Corpus Christi, TX $7,179,935.50 $94,222.00 $140,543.00 $48,722.10 ($2,589.35) $7,463,422.60 CPC INTERESTS DBA $6,571,347.43 $73,275.20 $138,326.00 $85,720.22 ($1,081,975.16) $6,868,668.85 CLARK PIPELINE SERVICES Corpus Christi, TX Engineer's Opinion of Probable Cost $5,198,279.44 $233,392.28 $500,296.15 $4,800,000.00 Project No.: 18042A Legistar No.: 19-0671 3 MA/LH Rev. 1 — 05/07/19 ALTERNATIVES: 1. Authorize execution of a construction contract for base bid and additive alternates 1, 2 and 3. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 6,895,229.00 6,895,229.00 Encumbered / Expended Amount 585,121.00 585,121.00 This item 5,400,889.65 5,400,889.65 Future Anticipated Expenditures This Project 909,218.35 909,218.35 BALANCE 0 0 Fund(s): Type B, Bond 2008, Bond 2014, Developer Contributions, and Utility CIP. COMMENTS: Fund Name: Street B Corp (Sales Tax) Fund 3250 Activity: 18042 -A -3250 -EXP 550910 Account No. 550910 (Construction) Project No. 18042A Slough Road (Rodd Field Road to Amethyst Drive) Sequence No. Street CIP Sequence #37 RECOMMENDATION: Staff and Design Consultant, Munoz Engineering, recommend awarding the construction contract to Max Underground Construction, LLC. for the Base Bid plus Additive Alternatives No. 1, 2 and 3. Project No.: 18042A 4 MA/LH Legistar No.: 19-0671 Rev. 1 — 05/07/19 LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Resolution City Council Minutes Presentation Letter of Recommendation Project No.: 18042A 5 MA/LH Legistar No.: 19-0671 Rev. 1— 05/07/19 ORDINANCE APPROPRIATING $154,430.54 AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH MAX UNDERGROUND CONSTRUCTION, LLC OF CORPUS CHRISTI IN THE AMOUNT OF $5,400,889.65 FOR BASE BID PLUS ADDITIVE ALTERNATIVES NO. 1, 2 AND 3 FOR SLOUGH ROAD (RODD FIELD ROAD TO AMETHYST DRIVE) IMPROVEMENT PROJECT. WHEREAS, THE CITY COLLECTS CASH IN LIEU OF CONSTRUCTION FOR HALF STREET CONSTRUCTION FROM AREA DEVELOPERS; WHERE AS, DEVELOPER CONTRIBUTIONS HAVE BEEN COLLECTED FROM THE TWO SUBDIVISIONS BORDERING THE SLOUGH ROAD / AMETRINE DRIVE INTERSECTION; WHEREAS, IT HAS BEEN DETERMINED THAT COUNTY ROAD 7B, KNOWN AS AMETRINE DRIVE, WOULD ALLOW VEHICULAR MOVEMENT TO CIRCUMVENT SLOUGH ROAD CONSTRUCTION AND SUPPORT FUTURE TRANSPORTATION INTO THE AREA; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That $4,078.54 in interest earnings from Account 21662 Legends of Diamante be appropriated in Infrastructure Fund 4730 SECTION 2: That $144,341.11 in developer contributions and $6,010.89 in interest earnings from Account 21672 South Lakes Estates be appropriated in Infrastructure Fund 4730 SECTION 3: That the City Manager or designee is authorized to execute a construction contract with Max Underground Construction, LLC of Corpus Christi in the amount of $5,400,889.65 for base bid plus Additive Alternatives No. 1, 2 and 3 for Slough Road (Rodd Field Road to Amethyst Drive) Improvement Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED, this the day of , 2019 ATTEST: Rebecca Huerta City Secretary Mayor PROJECT BUDGET ESTIMATE Slough Road - Rodd Field Road to Amethyst Road (w/ Add Alts 1 - 3) Type B Funded Street PROJECT FUNDS AVAILABLE• 6,895,229 Type B Sales Tax 2,522,171 Street Bond 2008 1,016,431 Developer Cash in Lieu of Construction 246,284 Street Bond 2014 449,172 Utilites 2,661,171 Storm Water 2,040,163 Water 315,774 Wastewater 270,073 Gas 35,161 TOTAL FUNDS AVAILABLE 6,895,229 FUNDS REQUIRED: Construction and Contingency Fees 5,782,204 Construction (Max Underground) THIS ITEM 5,400,890 Slough Road Costs 3,798,124 Street - Slough Rd with Add Alts 1-3 (Type B) 2,201,188 Utilities 1,596,937 Storm Water 1,333,064 Water 104,391 Wastewater 130,078 Gas 29,403 Ametrine Road Costs 1,602,765 Street 974,313 Utilities 628,453 Storm Water 373,011 Water 159,673 Wastewater 95,769 Contingency (7%) 381,314 Construction Inspection and Testing Fees. 227,027 Construction Inspection (estimate) 162,027 Construction Materials Testing Services (estimate) 65,000 Design Fees. 623,121 Engineer (Munoz Engineering) Engineering Design, Amendments 1 & 2 544,909 Street (Slough) 449,172 Street - Ametrine 95,737 Geotechnical Services (Rock) 10,589 SUE Services (Cobb Finley) 27,624 Land Acquisition 40,000 Reimbursement Fees- 262,877 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 104,351 Engineering Services (Project Mgt/Constr Mgt) 156,526 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 6,895,229 ESTIMATED PROJECT BUDGET BALANCE (0) F0 CORPUS CHRISTI LEOPARD SHIP CHAN z O z N SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI OSO BAY CORP NAVAL kTPROJECT LOCATION FLOUR 0 - 2444 LOCATION MAP NOT TO SCALE Project Number: 18042A AP Slough Road (Rodd Field Rd to Amethyst Dr) (Type B) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 11 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 16, 2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Deacon Mark Arnold, Diocese of Corpus Christi. Deacon Mark Arnold gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Assistant Chief David Blackmon, Corpus Christi Police Department. Assistant Police Chief David Blackmon led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. 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. City of Corpus Christi Page 1 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 Present: 9 - 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 E. Proclamations / Commendations 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. 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. 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 City of Corpus Christi Page 2 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: c. OTHER Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: 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 customers 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. a. STRATEGIC FUTURE ISSUES None. City of Corpus Christi Page 3 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 b. CITY PERFORMANCE REPORT - SOLID WASTE SERVICES 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. G. MINUTES: 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. H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 14) 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: 9 - 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 Abstained: 0 3. Authorizing Use of Type B Arterial and Collector Funds for Three Streets (Requires 2/3 Vote) City of Corpus Christi Page 4 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 5. 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 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 City of Corpus Christi Page 5 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 9. 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 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) 12. 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 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 City of Corpus Christi Page 6 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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: City of Corpus Christi Page 7 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 Aye: 9 - 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 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: 8 - 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 Abstained: 1 - Council Member Roy Enactment No: 031578 R. EXECUTIVE SESSION: (ITEM 27) Mayor McComb deviated from the agenda and referred to the days 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: City of Corpus Christi Page 8 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 27. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEMS 15 - 23) 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) 16. 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. 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 City of Corpus Christi Page 9 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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) 18. 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. 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 City of Corpus Christi Page 10 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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. Q. BRIEFINGS: (ITEMS 24 - 26) 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 City of Corpus Christi Page 11 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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 City of Corpus Christi Page 12 Printed on 10/18/2018 City Council Meeting Minutes October 16, 2018 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. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS T. ADJOURNMENT None. The meeting was adjourned at 5:32 p.m. City of Corpus Christi Page 13 Printed on 10/18/2018 Resolution authorizing the City's Engineering Department to proceed with the use of Type B arterial and collector funds for three street projects. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 2, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded arterial and collector street funds, to support the construction, maintenance and repair of certain arterial and collector streets and roads; WHEREAS, the Board has determined that Slough Road from Amethyst Drive to Rodd Field Road is in need of repair and that such repair will promote or develop new or expanded business enterprises that create or retain primary jobs; WHEREAS, the Board has determined that Everhart Road from Holly Road to South Padre Island Drive is in need of repair and that such repair will promote or develop new or expanded business enterprises that create or retain primary jobs; and WHEREAS, the Board has determined that Holly Road from Ennis Joslin Road to Rodd Field Road is in need of repair and that such repair will promote or develop new or expanded business enterprises that create or retain primary jobs. NOW THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT: SECTION 1. The Board specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes. SECTION 2. The Board authorizes the transfer of arterial and collector street funds in the amount of $2,200,000 to the City's CIP, as the funds become available, for use on the repairs needed for Slough Road from Amethyst Drive to Rodd Field Road. City staff will follow standard procedures and obtain approval of City Council for any agreements when required in accordance with the City Charter SECTION 3. The Board authorizes the transfer of arterial and collector street funds in the amount of $5,300,000 to the City's CIP, as the funds become available, for use on the repairs needed for Everhart Road from Holly Road to South Padre Island Drive. City staff will follow standard procedures and obtain approval of City Council for any agreements when required in accordance with the City Charter. SECTION 4. The Board authorizes the transfer of arterial and collector street funds in the amount of $3,050,000 to the City's CIP, as the funds become available, for use on the repairs needed for Holly Road from Ennis Joslin Road to Rodd Field Road. City staff will follow standard procedures and obtain approval of City Council for any agreements when required in accordance with the City Charter. SECTION 5. No funds approved by this resolution may be expended until 60 days have passed following the public hearing held at the Corporation's Board meeting on September 17, 2018. ATTEST: CORPUS CHRISTI B CORPORATION By: By: Rebecca Huerta Scott Harris Assistant Secretary President Corpus Christi, Texas of The above resolution was passed by the following vote: Scott Harris Gabe Guerra Randy Maldonado Leah Olivarri Robert Tamez Lee Trujillo John Valls Corpus Chr sti Engineering Slough Road Improvement Project (Rodd Field Road to Amethyst Drive) Type B Funded Council Presentation April 14, 2019 Project Location Corpus Chr'sti Engineering CORPUS CHRISTI nTERNA U AIRPORT CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY cORPus CHRISTI SCALE N.T.S. Project Vicinity Corpus Chr sti Engineering Project Scope Slough Road Improvement Project Corpus Chr sti Engineering ➢ SLOUGH ROAD - RODD FIELD TO AMETHYST ✓ TYPE B FUNDED ✓ Full -depth RECONSTRUCTION ✓ Existing 2 -lane HMAC roadway with dedicated turn lanes at Rodd Field & Ametrine ✓ New sidewalks, ADA ramps, pavement markings & signage ✓ Utility improvements for water, wastewater, gas & storm water ✓ Additive Alternates 1, 2, & 3 ➢ AMETRINE ROAD - SLOUGH TO BROOKE ✓ DEVELOPER PARTICIPATION (BOND 2008) & DEVELOPER CONTRIBUTIONS ✓ Full -depth CONSTRUCTION ✓ Land Acquisition - $40,000 ✓ New 2 -lane HMAC roadway (Brooke to Aquamarine) ✓ Roadside ditches, no sidewalks, no curb & gutter ✓ New water line ✓ New 3 -lane section (Aquamarine to Slough) ✓ New curb & gutter, new sidewalk and ADA ramps (east side only) ✓ New water line ✓ Limited wastewater to eliminate existing septic tank services ✓ Properties at the northeast corner of Slough/Ametrine intersection Ametrine Right -of -Way Slough Road Improvement Project Corpus Chr sti Engineering Ametrine Drive West 30 feet TO be acquired 1.19 acres Ametrine Drive East 30 feet Right of Way Easement 5 Roadway Configurations Corpus Chr sti Engineering 6 Type B Approved Project List ICA Corpus Chr sti Engineering ➢ October 16, 2018 — City Council Approved Resolution Authorizing Use of Type B Arterial & Collector Funds ($10.55 M) for 3 Street Projects: SLOUGH ROAD (Rodd Field to Amethyst) EVERHART ROAD (SPID to Holly Road) HOLLY ROAD (Rodd Field to Ennis Joslin) APPROVED BUDGET STREET ONLY PROJECTED COST DIFFERENCE $2.20 M $5.30 M $3.05 M $2.52 M ($320 K) $6.00 M* ($700 K) $3.05 M* *Note — Reflects probable cost estimate pending actual bids in May 2019 0 Award Considerations Slough Road Improvement Project Corpus Chr sti Engineering ➢ BASE LOW BID — $5,217,559 ADD. ALT. DESCRIPTION LOW BID RECOMMENDATION 1 2 3 Widens sidewalk to 8' on Slough (south side) Reconstructs Pennine Way Intersection & extends sidewalk to existing hike & bike Mill/Overlays Slough - Amethyst to Dead End 4 Deletes Ametrine Road/Utility Improvements Total Base Bid + Additive Alternatives 1-3 $46,364 $64,815 $72,151 ($913,545) $5,400,890 YES YES YES NO Project Schedule Slough Road Improvement Project Corpus Chr sti Engineering 2018 pp A 13 0 2019 NIDIJIFIMIAIMIJIJIAISIOID Design Bid 2020 000 A 111 Construction Projected Schedule reflects City Council award in May 2019 with anticipated completion in April 2020. Questions? AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2019 Action Item for the City Council Meeting of May 21, 2019 DATE: TO: April 11, 2019 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 Jermel Stevenson, Director of Parks and Recreation jermels@cctexas.com (361) 826-3042 Professional Services Contract Restoration of SEA District Water Features (CIP - Type A) CAPTION: Ordinance amending the FY 2019 Capital Improvement Program budget to increase the year one budget for Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. PURPOSE: This provides for the professional services contract to conduct investigations and to develop bid documents for upgrading and restoring the Water Garden and Bayfront Park Fountains to operation. BACKGROUND AND FINDINGS: The Water Garden, constructed in the 1980's, is located between the American Bank Center, Art Museum and Museum of Science and History. The Bayfront Park Fountain, constructed in 2008, is located adjacent to the Seawall and Shoreline Drive. This project proposes to investigate existing problems, provide engineering design and construction documents to correct electrical, mechanical and other problems to restore the maintenance and operability of both features. The Water Garden is an architectural water feature with an underground vault housing electrical, Project No: E16458 (Page 1) EP/LH Legistar No.: 19-00563 REV:1 (NEW) mechanical and water treatment equipment. The vault is connected to the fountain through a network of underground piping and electrical circuits. Electrical and mechanical equipment in the vault has experienced damage due to flooding and is inoperable. The vault also lacks safe and adequate access and egress for maintenance personnel. Maintenance staff have concluded that the feature is not economically serviceable as an underground vault structure. Proposed improvements include relocating all electrical, mechanical and water treatment equipment to a new above -ground building that will blend architecturally with surrounding facilities and not obstruct sight lines. All equipment will be replaced with current technology incorporating remote telemetry. The Bayfront Park Fountain is comprised of a fountain, and Kiosk building with restroom and basement, that houses required mechanical, electrical and water treatment equipment. The fountain experiences frequent outages and is currently inoperable. Additionally, there are four wind turbines originally intended to reduce energy requirements which are inoperable as well. Proposed improvements will design mechanical, electrical and control upgrades to restore fountain to operability. Wind turbines will be restored to allow free rotation but with power generators disconnected. Design will include repairs to damage at Kiosk building and restroom. Project includes an allowance for potential building modifications to re -purpose the Kiosk for commercial occupancy. This project is an approved FY 2019 Capital Improvement Program (CIP) Public Health and Safety project. The project is being accelerated to minimize the amount of time the water features are out of service. This schedule compression will result in a higher expenditure for this fiscal year than is indicated in the approved CIP. There are sufficient funds within the current Seawall CIP and an appropriation for additional funds is not needed at this time. LNV was selected under RFQ 2016-01 Part C for Public Facilities Project Services and based on their previous work associated with the Water Garden. ALTERNATIVES: 1. Authorize execution of the Professional Services Contract. (Recommended) 2. Do not authorize execution. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: This item was presented to and approved by the Corpus Christi Business and Job Development Corporation at their Monday, December 10, 2018 meeting. Parks and Recreation Project No: E16458 (Page 2) EP/LH Legistar No.: 19-00563 REV:1 (NEW) FINANCIAL IMPACT: ❑ Operatin ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 150,000 1,250,000 1,400,000 Ordinance (This Item) 300,000 300,000 Revised Budget 450,000 1,250,000 1,700,000 Encumbered / Expended Amount This item 364,100 364,100 Future Anticipated Expenditures This Project 85,900 85,900 BALANCE 0 1,250,000 1,250,000 Fund(s): (Type A Sale Tax) Seawall System Fund 3271 Comments: Activity: E16458 -01 -3271 -EXP Fund Name: Seawall System Fund 3271 Account No. 550950 (Outside Consultants) Project No. E16458 Restoration of SEA District Water Features CIP Seq: Public Health & Safety #21 RECOMMENDATION: City staff recommends award of this professional services contract with LNV. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Contract Project No: E16458 (Page 3) EP/LH Legistar No.: 19-00563 REV:1 (NEW) Ordinance amending the FY 2019 Capital Improvement Program budget to increase the Year One budget for Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. WHEREAS, two SEA District water features and four adjacent wind turbines are currently inoperable; WHEREAS, putting equipment back into service in a timely manner for public enjoyment will require an accelerated project schedule; WHEREAS, accelerating the project schedule will require an increase in the approved Year One project budget; WHEREAS, required funds to accelerate the project schedule currently exist within Fund 3271 Seawall System CIP; and WHEREAS, the City Council approved the FY 2018 — 2019 Capital Improvement Program (CIP) Budget on its second reading on September 18, 2018, by Ordinance No. 031550; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2019 Capital Improvement Budget adopted by Ordinance No. 031550 is amended to increase the year one budget in the amount of $300,000, for a new year one total of $450,000, for the SEA District Water Features project #E16458. SECTION 2. Funds in the amount of $300,000 are currently located in the Seawall System Fund Number 3271 and no increase in the FY 2019 Capital Improvement Budget is required at this time. SECTION 3. The City Manager or designee is authorized to execute a professional services contract for the Restoration of SEA District Water Features project with LNV, Inc. of Corpus Christi, Texas in the amount of $364,100 for design and construction documents to restore the water features and wind turbines. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of May 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of May 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of May 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Restoration of SEA District Water Features (Capital Improvement Program - Type A Sales Tax) PROJECT FUNDS AVAILABLE: Type A Sales Tax Proceeds 1,400,000 Type A Sales Tax Ordinance (THIS ITEM) 300,000 FEMA funds received 29,794 Insurance Proceeds 111,234 TOTAL FUNDS AVAILABLE 1,841,028 FUNDS REQUIRED: Construction Fees- TBD Construction (TBD) TBD Contingency (10%) TBD Construction Inspection and Testing Fees- TBD Construction Inspection (Est) TBD Testing Services (Est) TBD Design and Geotechnical Fees- 364,100 Professional Services Contract (LNV, Inc.) (THIS ITEM) 364,100 Reimbursements. 85,900 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 34,000 Engineering Services (Project Mgt) 50,400 Misc. (Printing, Advertising, etc.) 1,500 TOTAL 450,000 ESTIMATED PROJECT BUDGET BALANCE 1,391,028 a `► Gregory SCALE: N.T.S. Doyle ortland Ingleside NUECES BAY PROJECT LOCATION 0 4 -Op CORPUS CHRISTI INTERNATIO AIRPORT CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI 43 2444 36 FA EL kAAnor ,Project Number: E16458 Restoration of SEA District Water Features CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16458 - Restoration of SEA District Water Features The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Contract for Professional Services Page 1 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 2 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 $364,100.00. 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 in compliance with the Texas Prompt Payment Act. 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 3 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 - - _ _ _ - •- �_ _ 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 approvcd 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 4 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 Work 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 5 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 6 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 maybe 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) (2) (3) Summary of facts with supporting documentation; Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; Calculation of non -value added work costs incurred by the City; and Contract for Professional Services Page 7 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 8 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 9 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.eth ics.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 10 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. 13.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI LNV, INC. Jeff H. Edmonds, P.E. Date Dan er Director of Engineering Services President APPROVED Assistant City Attorney Date ATTEST City Secretary Date 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office danl@Invinc.com sjones@Invinc.com Date 111z' I19 Fund Name Accounting Unit Account No. Activity No. Amount Seawall System CIP 3271-707 550950 E16458 -01 -3271 -EXP $364,100 Total $364,100 Contract for Professional Services Page 11 of 11 EXHIBIT 'A' CITY OF CORPUS CHRISTI, TEXAS RESTORATION OF S.E.A. DISTRICT WATER FEATURES PROJECT NO. E16458 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. c) Provide required scope of services for City's geotechnical and SUE consultants. d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations, replacements, or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. pavement section. map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.), community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT A Page 1 of 8 Revised November 26, 2013 p) q) r) s) 1. Provide a concise presentation of pertinent factors, sketches, designs, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, conformance to master plans, identification of needed additional services, identification of needed permits and environmental considerations, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide results of analysis of government agencies having jurisdiction to approve design of the Project. 5. Provide ROW parcels for acquisition, if required. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. Submit computer model file, results and calculations used to analyze drainage. Conduct project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. c) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans (as available from City Engineering files). e) Field location of existing city utilities (A/E to coordinate with City Operating Department). f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey bench marks and coordinates. h) Preliminary traffic impact assesment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. materials and/or contaminated soils that may be discovered during construction {to be included under additional services). c) Prepare one (1) set of construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the existing Water Gardens Fountain, and EXHIBIT A Page 2 of 8 Revised November 26, 2013 Bayfront Park Fountain and Wind Turbines storm water, water and wastewater systems within the projcct limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare detailed Traffic Control Plans to include construction sequencing, typical cross section and-con-struction phasing plan sheets, traffic control plan, work zonc pavcmcnt markings and signagc (to be included under additional services). 2. Provide Storm Water Pollution Prevention Plan, including construction drawings (to be included under additional services). e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a Plan Executive Summary, project checklist & drawing checklist which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. i) Assimilate all final review comments and upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. j) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. EXHIBIT A Page 3 of 8 Revised November 26, 2013 k) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. f) Acist in the preparation of Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AE will, upon receipt of written requests from City staff, perform Construction Administration services on a Time and Materials basis within the limits of the budget established in Section III. Fees below. Construction Administration services are anticipated to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. EXHIBIT A Page 4 of 8 Revised November 26, 2013 b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project, as requested by City Staff, to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Review, evaluate and rccommcnd for City consideration Contractor Value Engineering proposal. g) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using DWG format in AutoCAD, and graphics data will be in DXF format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. b) Prepare applications/estimates for payments to contractor. c) Prepare change orders. d) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The NE shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey: All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of professional Surveyors' "Manual of Practice for Land Surveying in the State of Texas, Ninth Edition". Topographic survey will include the following: a. Reference to a minimum of two (2) found boundary monuments from the Project area. EXHIBIT A Page 5 of 8 Revised November 26, 2013 b. Establish horizontal and vertical control. c. Horizontal control will be based upon NAD 83 State plan coordinates (South Zone), and the data will have no adjustment factor applied (i.e. the coordinate data will remain in grid). d. Vertical control will be based upon NAVD 88. e. Set project control points for horizontal and vertical control outside the limits of project construction disturbance. f. All control work will be established using conventional (non -GPS) methods. g. Locate surface improvements with the Project Limits including trees. h. Survey natural ground elevations to establish existing contours throughout the Project Limits. i. Determine flowlines and incoming pipe sizes and materials for storm water, water and wastewater infrastructure, as necessary. j. Locate soil/pavement core holes as drilled by the City's Geotechnical Consultant. k. Survey SUE locations established by Others. I. Generate electronic planimetric base map for use in Project design. 2. Windstorm (Inspection & Certification): AE will design new Water Gardens' pump house in accordance with TDI requirements for windstorm; prepare and submit to TDI required windstorm documentation; and, perform inspections of construction activities in the field required to certify compliance with design plans. 3. Prepare Architectural Renderings: AE will prepare architectural renderings of the Water Garden Fountain Improvements and the Bayfront Park Fountain and Wind Turbine Improvements to be used as exhibits at a presentation to the Type `A' Board. 4. Presentation to the Type 'A' Board: AE will make one (1) presentation to the Type 'A' Board that explains the proposed improvements to be made at the Water Gardens and Bayfront Park. 5. Asbestos Survey (Water Gardens): AE will perform an asbestos survey of the existing underground vault pump/mechanical room at the Water Gardens Fountain, including the preparation of a report of findings. 6. Preliminary Designs for Potential Uses of Kiosk Bldg. (Bayfront Park) (Allowance): This Additional Service Line Item provides for an allowance to be used for preliminary designs of potential uses of the kiosk building at the Bayfront Park. DESIGN, BID and CONSTRUCTION phase services will be accomplished under an Amendment to this Contract, if desired. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT A Page 6 of 8 Revised November 26, 2013 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE (*) Date Activity Upon receipt of approval of this Contract and Limited Notice to Proceed from the City Engineer (prior to Contract Execution) Commence Preliminary Phase Efforts 6 Weeks after Commencement of Preliminary Phase Efforts, or Receipt of Signed Contract, whichever is later Deliver DRAFT Engineering Letter Report (ELR) 2 Weeks City Review 3 Weeks after Receipt of City Comments Deliver FINAL ELR Upon approval of FINAL ELR and receipt of NTP for Design Begin Design Phase Services 6 Weeks after Receipt of Design NTP Deliver 60% Submittal Package 2 Weeks City Review 3 Weeks after Receipt of 60% Comments Deliver 100% Submittal Package 2 Weeks City Review 2 Weeks after Receipt of 100% Comments Deliver Sealed Bid Documents 2 Weeks after Sealed Submittal Advertise for Bids 2 Weeks after Advertise to Bid Pre -Bid Conference 3 Weeks after Advertise to Bid Receive Bids Two (2) Months after Receive Bid Contract Award Four (4) Weeks after Project Award Begin Construction Approximately 6 Months Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: EXHIBIT A Page 7of8 Revised November 26, 2013 Summary of Fees Basic Services Fee 1. Preliminary Phase $ 97,300 2. Design Phase $ 150,600 2. Bid Phase $ 15,000 3. Construction Administration Phase (T&M) $ 40,000 Subtotal Basic Services Fees $ 302,900 Additional Services Fees (Allowance) 1. Topographic Survey * $ 8,610 2. Windstorm (Inspection & Certification) * $ 7,600 3. Prepare Architectural Renderings * $ 7,920 4. Presentation to Type 'A' Board * $ 5,210 5. Asbestos Survey (Water Gardens) * $ 2,990 6. Preliminary Designs for Potential Uses of Kiosk Bldg. (Bayfront Park) (Allowance) $ 22,570 7. Warranty Phase $ 6,300 Sub -Total Additional Services Fees Authorized $ 61,200 Total Authorized Fee $ 364,100 *Additional Services to be authorized upon receipt of the Notice to Proceed for Basic Services. EXHIBIT A Page 8of8 Revised November 26, 2013 EXHIBIT `A-1' (Provides supplemental description to Exhibit 'A'. Task List does not supersede Exhibit 'A') CITY OF CORPUS CHRISTI, TEXAS RESTORATION OF S.E.A. DISTRICT WATER FEATURES PROJECT NO. E16458 TASK LIST I. SCOPE OF SERVICES A. BASIC SERVICES 1. Preliminary Phase a. Perform Preliminary Phase Services as indicated in Exhibit `A'. Services struck through are not part of the scope of services of this Contract and will not be performed. 2. Design Phase a. Perform Design Phase Services as indicated in Exhibit `A'. Services struck through are not part of the scope of services of this Contract and will not be performed 3. Bid Phase a. Perform Bid Phase Services as indicated in Exhibit A'. Services struck through are not part of the scope of services of this Contract and will not be performed. 4. Construction Phase a. Construction Phase Services shall be performed on a Time and Material Basis upon receipt of a written requests from City Staff. Services may include those indicated in Exhibit A', but may also include additional services as requested by City Staff. Engineering services will not be performed in excess of the budget established in Exhibit A' without approval and execution of a Contract Amendment increasing the Construction Phase budget. LNV will keep the City apprised of the status of available funds for Construction Phase Services. B. ADDITIONAL SERVICES 1. Topographic Survey * a. Perform Services as indicated in Exhibit A'. 2. Windstorm (Inspection & Certification) * a. Perform Services as indicated in Exhibit A'. 3. Prepare Architectural Renderings * a. Perform Services as indicated in Exhibit A'. 4. Presentation to the Type 'A' Board * a. Perform Services as indicated in Exhibit A'. RESTORATION OF S.E.A. DISTRICT WATER FEATURES EXHIBIT `A-1' City of Corpus Christi Page 1 of 2 5. Asbestos Survey (Water Gardens) * a. Perform Services as indicated in Exhibit A'. 6. Preliminary Designs for Potential Uses of the Kiosk Bldg. (Bayfront Park) (Allowance) a. If authorized by the City, perform Services as indicated in Exhibit 7. Warranty Phase a. If authorized by the City, perform Services as indicated in Exhibit `A' (* Additional Service to be authorized with execution of the Contract.) C. CONTRACT EXCLUSIONS AND CONDITIONS 1. Permitting with TDLR is not required of this project and is not included in the scope of services of this Contract. 2. Preparation and processing of a Building Permit Application through the City's Development Services Department is not included in the scope of services of this Contract. 3. Preparation for and attendance of public or stakeholder meetings, other than the presentation to the Type 'A' Board, are not included in the scope of services of this Contract. 4. Engineering/architectural services not listed in this Contract are excluded from the scope of work of this Contract. 5. Excluded services can be provided, if desired, for additional fees. 6. The Contract scope of services includes the preparation of one (1) set of bid documents (i.e. construction plans, specifications and contract documents) for the installation of all Project improvements and one (1) bid process. 7. The Water Gardens' new pump house will be designed with all new equipment. No existing equipment will be re -used in the new pump house. 8. The existing mechanical/pump room for the Bayfront Park Water Fountain will continue to be used, as is. 9. Certain design components of this Contract, such as, but not limited to, the control systems for both fountains, will be completed by a Performance Specification, in lieu of detailed engineering drawings. RESTORATION OF S.E.A. DISTRICT WATER FEATURES EXHIBIT `A-1' City of Corpus Christi Page 2 of 2 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 TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 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 1 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 2 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. 3 Rev 04/ 17 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. 1. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 — SUSPENSION OF WORK AND TERMINATION ARTICLE 19 — PROJECT MANAGEMENT ARTICLE 20 — PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21— QUALITY MANAGEMENT ARTICLE 22 — FINAL RESOLUTION OF DISPUTES ARTICLE 23 — MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 — DOCUMENT MANAGEMENT ARTICLE 25 — SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 — RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27 — CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 — VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 — EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 — MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 ilhSUPPLIER NUMBER TO BE ASSIGNED BY CffY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association e 2. Partnership 5. Other e ZIP: 78408 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker (Type or Print) Signature of Certifying Person: Title: President Date: October 29, 2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 Restoration of SEA District Water Features Corpus Chr sti Engineering City Council Presentation May 14, 2019 Project Location 1.40 Corpus Chrsti Engineering N SCALE: N.T.S. RESTORATION OF SEA DISTRICT WATER FEATURES CORPUS CHRISTI Bar Ta. woo WilveRSITY CORPUS cillarsn 2 Project Vicinity Corpus Chr sti Engineering RESTORATION OF SEA DISTRICT WATER FEATURES Project Vicinity 116.0% Corpus Chr sti Engineering RESTORATION OF S.E.A. DISTRICT WATER FEATURES WATER GARDEN FOUNTAIN FUTURE ABOVE GROUND PUMP HOUSE SCALE: N.T.S. Project Vicinity Corpus chr sti Enginr'ing Project Scope Corpus Chr sti Engineering Investigate and develop recommendations to restore fountain operations and maintenance including: Water Garden: — Construct new above ground pump house — Relocate/ replace of existing Mech/Elect/Plumb (MEP) equipment — Fountain upgrades — Misc. site improvements Bayfront Park Fountain: — MEP upgrades and repairs — Optional wind turbine upgrades (pending scope and cost) — Minor Kiosk building renovations — Potential re -purposing of the Kiosk building Project Schedule Corpus Chr'sti Engineering May Jun Jul 2019 Aug Design Sep Oct Nov Dec Bid / Award 2020 Jan Feb Marl Apr Mayl Jun Construction Projected Schedule reflects City Council award in May 2019 with anticipated completion in June 2020. Corpus Chr sti Engineering Questions? 8 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 5/14/ 2019 Second Reading Ordinance for the City Council Meeting of 5/21/ 2019 DATE: TO: April 26, 2019 Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM©cctexas.com (361) 826-3276 Partial easement closure for property located at 10329 Creek Bottom Drive. CAPTION: Ordinance abandoning and vacating a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22, Block 4, Maple Hills Unit 7, Phase 1, located at 10329 Creek Bottom Drive. PURPOSE: The purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement to facilitate the future sale of the home, located at 10329 Creek Bottom Drive. BACKGROUND AND FINDINGS: Brister Surveying, on behalf of South Texas Home Builders, Inc (owner) is requesting the City to abandon and vacate a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22, Block 4, Maple Hills Unit 7, Phase One, located at 10329 Creek Bottom Drive. This abandonment and vacation of a portion of the utility easement is being requested by the owner because of a title company survey that found the house foundation encroaching into the easement. The encroachment was not identified during the City's foundation inspection. All public and franchised utilities were contacted and there are no objections regarding the proposed partial utility easement closure. The closure is being requested to facilitate the future sale of the home. ALTERNATIVE: Denial of the proposed utility easement closure will adversely impact the Owner's ability to sell the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City Departments or franchised utility companies stated objections regarding the partial utility easement closure. No gas, electric or cable utilities are located in the easement. FINANCIAL IMPACT: Operating o Revenue Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # N/A Account: N/A RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22, Block 4, Maple Hills Unit 7, Phase 1, located at 10329 Creek Bottom Drive. WHEREAS, Brister Surveying, on behalf of South Texas Home Builders. Inc. (Owner) is requesting to abandon and vacate a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22 Block 4, Maple Hills Unit 7 Phase One, located at 10329 Creek Bottom Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Brister Surveying, acting as agent on behalf of South Texas Home Builders, Inc. ("Owner"), a 1 -foot wide by approximately 42 -feet in length (42 sq. ft.) portion of an existing utility easement out of Lot 22, Block 4, Maple Hills Unit 7 Phase One, located at 10329 Creek Bottom Drive, as recorded in volume 68, page 691, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B," which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to South Texas Home Builders, Inc. (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.001 acre tract being out of a 10' utility easement out of Lot 22, Block 4, Maple Hills Unit 7, Phase One, as shown on a map recorded in Volume 68, Page 691, Map Records of Nueces County, Texas. Said 0.001 acre tract being more particularly described as follows: COMMENCING at a 5/8" re -bar found previously set in the south line of an existing 10' utility easement and for the common south corner of Lot 22 and Lot 23 of said Maple Hills Unit 7, Phase One, THENCE with common line of Lots 22 and 23, North 09°14'25" East, a distance of 9.00 feet to a point in the common line of Lots 22 and 23, for the southeast corner of this survey, and for the POINT of BEGINNING. THENCE North 80°49'04" West, a distance of 42.00 feet to a point for the southwest corner of this survey. THENCE North 09°14'25" East, a distance of 1.00 foot to a point in the north line of said 10' existing utility easement and for the northwest corner of this survey. THENCE with the common north line of said 10' existing utility easement and this survey, South 80°49'04" East, a distance of 42.00 feet to a point in the common line of Lots 22 and 23, from WHENCE the common north corner of Lots 22 and 23 bears, North 09°14'25" East, a distance of 87.75 feet. THENCE with the common line of Lots 22, 23 and this survey, South 09°14'25" West, a distance of 1.00 foot to the POINT of BEGINNING, and containing 0.001 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 19, 2019 and is correct to the best of my knowledge and belief. onali E. Brister, RPLS No. 5407 Date: March 21, 2019. Job No. 190354E UTILITY SKETCH OF LOT 22 BLOCK 4 MAPLE HILLS UNIT 7 PHASE ONE CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE 1" = 20' MAP RECORDS OF NUECES COUNTY, TEXAS VOLUME: 68 PAGE: 691 REMAINDER OF 17.74 ACRES OUT OF MCKINZIE PARTITION TRACT 1-B RECORDED IN Q F DOC. NO. 2007014711 z 0 trcN 0 z 0 L1 10329 CREEK BOTTOM DRIVE 50' RIGHT OF WAY OO 2.02' 11.0' N N09° 03' 00"E M N N09° 14' 25"E 10.3' S80° 57' 00"E 52.00' (PLAT) S81° 03' 45"E 52.00' (MEAS) CONCRETE DRIVEWAY. • — M //18.0'/ 25.9' 5' U.E. LOT 22 0.117 ACRES 5,077 S.F. CONC. 5.0' ONE STORY STUCCO / WOOD HOUSE / 12.1' COV. \CONC. L 1 I L' - sy t — - GRANDE 23.5' GAS. -- -ATT • ELEC--- SPECTRUM .► 5.5' 9.3' N80° 49' 04"W 52.00' (MEAS) N80° 41' 34"W 52.00' (PLAT) S81° 03' 45"E 37.00' R = 15.00' L = 23.35' TAN = 14.79' Q 0=89°11'28" N35° 37' 46"W, 21.06' 25' Y.R. 9.0' LOT 23 H 10' Y.R./U.E. CB = N09° 08' 35"E 82.96' 10' U.E. ELAINE MCKINZIE 4.40 ACRES - TRACT 2 DOC NO. 1997041508 O.P.R.N.C.T S80° 49' 04"E 52.00' T O OQ = FOUND 5/8" RE -BAR = SET 5/8" RE -BAR O = PROPERTY CORNER Brister Surveying 4455 South Padre Island Drive Suite 51 Corpus Christi, Texas 78411 Off 361-850-1800 Fax 361-850-1802 Bristersurveying@ corpus.twebc.com Firm Registration No. 10072800 BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS LOCATED WITHIN ZONE C AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT MAPS. COMMUNITY PANEL 485464 0130 C DA -FED JULY 18, 1985 AND 0 IS ® IS NOT LOCATED IN A DESIGNATED 100 YEAR FLOOD ZONE. SURVEY DATE MARCH 22, 2019 JOB NO. 190354A NOTES: 1.) TOTAL AREA IS 0.117 ACRES. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM NAD 83 (93) 4205 DATUM. 3.) SET 5/8" RE -BAR = STEEL RE -BAR SET WITH YELLOW PLASTIC CAP LABELED BRISTER SURVEYING. THIS SKETCH DOES NOT INCLUDE THE RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS, OR UTILITIES ON THIS PROPERTY. I, RONALD E. BRISTER DO HEREBY CERTIFY THAT THIS SKETCH OF THE PROPERTY LEGALLY DESCRIBED HEREIN WAS MADE ON THE GROUND THIS DAY MARCH 19, 2019 AND IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. RONALD E. BRISTER R.P.L.S. NO. 5407 EXHIBIT A A 0.001 ACRE TRACT BEING OUT OF A 10' UTILITY EASEMENT OUT OF LOT 22, BLOCK 4, MAPLE HILLS UNIT 7, PHASE ONE, AS SHOWN ON A MAP RECORDED IN VOLUME 68, PAGE 691, MAP RECORDS OF NUECES COUNTY, TEXAS. SCALE 1" = 10' ELAINE MCKINZIE 4.40 ACRES - TRACT 2 DOC NO. 1997041508 O.P.R.N.C.T L1 = N09° 14' 25"E 1.00' (MEAS) L2 = S09° 14' 25"W 1.00' (MEAS) 007S M, f0 4617 .08N 10' U.E. ►I L1�- 0.001 ACRE / 42 S.F. 00 ° O lV m 00 10' U.E. / / / / / / / / /y /3 / / / / / ,00'Z1 a„to .6-17 008S 9.00' 045 P.O.B. 10' U.E. REMAINDER OF LOT 22 NORTHEAST CORNER OF LOT 22 BEARS, N09° 14' 25"E 87.75' LOT 23 n rri c � Q p = POINT Op = FOUND 5/8" RE -BAR PREVIOUSLY SET SURVEY DATE Brister Surveying 4455 South Padre Island Drive Suite 51 Corpus Christi, Texas 78411 Off 361-850-1800 Fax 361-850-1802 Bristersurveying@corpus.twcbc.com Firm Registration No. 10072800 MARCH 21, 2019 JOB NO. 190354E NOTES: 1.) TOTAL SURVEYED AREA IS 0.001 ACRE. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM NAD 83 (93) 4205 DATUM. 3.) SET 5/8" RE -BAR = STEEL RE -BAR SET WITH YELLOW PLASTIC CAP LABELED BRISTER SURVEYING. 4.) A METES AND BOUNDS DESCRIPTION OF EQUAL DATE ACCOMPANIES THIS SURVEY. THIS SURVEY DOES NOT INCLUDE THE RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS, OR UTILITIES ON THIS PROPERTY. I, RONALD E. BRISTER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREIN WAS MADE ON THE GROUND THIS DAY MARCH 19, 2019 AND IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. RONALD E. BRISTER R.P.L.S. NO. 5407 Easement Closure For Lot 22, Block 4, Maple Hills Unit 7, Phase One (10329 Creek Bottom Drive) City Council Presentation May 14, 2019 Vicinity Map WirIA k 41'0' fr CC OC.: w it cl' : W.": ma si al. 114ti mk Vi jai Niefisi Er In amilw Iii, ,Aim' . JE le tril 411 III il 111 oa aft ft,. `# ift dam I* et -wo mg an mi ma MI NZhOiPq -T' *! lb6i:i,4iMta.r ,,,.4 14 }? .; d,-6 :.:`: Ii a_ �4 �I.1r�_.- 4 I. R ■rte �����7 VE� +r Rohsiown } 4 =1' . WI 114 IIIIIIIIiNii .11111.,.._, _ - 10329 Creek Bottom Dr Car: Aerial Overview 10' Utility Easement Staff Recommendation Approval Detail Slide NIT 49' Orw 32.«r {SEAL) ha!]°41"}4"4V 52.0 r (PLAT) Easement encroachment AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting May 14, 2019 Second Reading Ordinance for the City Council Meeting May 21, 2019 DATE: April 25, 2019 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize lease amendment with General Services Administration for office space located in the terminal at Corpus Christi International Airport for operation of the Transportation Security Administration (TSA). CAPTION: Ordinance authorizing Lease Amendment No. 7 to the lease agreement between the City and the U.S. General Services Administration for use of terminal office space at Corpus Christi International Airport by the Transportation Security Administration from March 1, 2019, through February 29, 2024, for minimum annual rent of $400,345.91; ratifying prior lease amendments; and modifying necessary provisions of the lease. PURPOSE: The agreement sets out the terms and conditions between the City of Corpus Christi and the General Services Administration for the lease of office space for TSA at Corpus Christi International Airport. TSA provides screening and regulatory security oversight at the airport. The leased office space provides for administrative and training operations. BACKGROUND AND FINDINGS: The original lease agreement between the City and GSA was approved by the City Council and was effective September 1, 2004 thru February 28, 2009. Through a series of amendments, the lease remains in effect with the current agreement expiring on February 28, 2019. The proposed lease amendment will run through February 29, 2024 and provides for annual adjustments to the rental rate. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: n Operating ® Revenue fl Capital n Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $400,345.91 $400,345.91 Encumbered / Expended Amount 0 0 This item 0 0 BALANCE $400,345.91 $400,345.91 Funding Detail: Fund: 4610 Airport Fund Organization/Activity: 35000 Airport Administration Mission Element: 888 Revenue Project # (CIP Only): n/a Account: 320460 Terminal Space Rental - Other RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Amendment No. 7 Ordinance authorizing Lease Amendment No. 7 to the lease agreement between the City and the U.S. General Services Administration for use of terminal office space at Corpus Christi International Airport by the Transportation Security Administration from March 1, 2019, through February 29, 2024, for minimum annual rent of $400,345.91; ratifying prior lease amendments; and modifying necessary provisions of the lease. 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 Lease Amendment No. 7 to Lease No. GS-07P-LTX15384 (the "Lease") between the City of Corpus Christi and the U.S. General Services Administration for the use of terminal office space at the Corpus Christi International Airport by the Transportation Security Administration from March 1, 2019, through February 29, 2024, for minimum annual rent of $400,345.91. Additionally, by authorization of the execution of Lease Amendment No. 7, the City Council ratifies all prior lease amendments and approves necessary modifications made to the Lease. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE LEASE AMENDMENT LEASE AMENDMENT No. 7 TO LEASE NO. GS-07P-LTX15384 ADDRESS OF PREMISES Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1809 PDN Number: N/A THIS AGREEMENT, made and entered into this date by and between CORPUS CHRISTI, CITY OF whose address is: 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS 78406 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease Agreement is amended and effective upon the full execution by both parties and delivered as follows: The purpose of this Lease Amendment No. 7 is to: 1.) To extend the term of the lease for a period of 60 months; and 2.) To establish the square footages and parking; and 3.) To establish the annual rent; and 4.) To establish the termination rights; and 5.) To modify Article 3, Paragraph 3.1(B), Operating Cost; and 6.) To modify Article 3, Paragraph 3.4, Rent Adjustments; and 7.) To modify Article 15, Paragraph 15.7, Notices; Lessee Contact 8.) To ratify all executed Lease Amendment Nos. 1, 2, 3, 4, and 6; and 9.) To establish the signing authority of this Lease Agreement; and 10.) All other terms and conditions are in full force and effect. See Attached This Lease Amendment No. 7 contains two (2) pages. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: FOR THE GOVERNMENT: Signature: Signature: Name: Name: Thomas Bell Title: Title: Lease Contracting Officer Entity Name: GSA, Public Buildings Service, Leasing Division Date: Date: WITNESSED FOR THE LESSOR BY: Signature: Name: Title: Date: Lease Amendment Form 12/12 Lease Amendment No. 7—GS-07P-LTX15384 PAGE 2 of 2 1.) The Government shall extend the lease for sixty (60) months. The Commencement Date of the rental shall begin on March 1, 2019 and expiring on February 29, 2024. 2.) The Government shall occupy 6,993 Rentable Square Feet yielding 6,000 ANSI/BOMA Office Area and includes three (3) surface parking spaces. 3.) The Government shall pay the Lessor annual rent as follows: The total annual rent shall be $400,345.91 at $33,362.16 monthly paid is arrears. The total annual rent consists of $383,705.91 of Base Rent (or Shell Rent) and $16,640.00 of Operating Costs, which is subject to annual rent adjustments as set forth in the Lease Agreement. There are no unamortized Tenant Improvement costs. 4.) The Government may terminate this lease in whole or in part on or after March 1, 2019 by giving the Lessor a 30 day written notice to the above address or upon the acceptance of a new lease at the same leased premise. No rental shall accrue after the effective date of termination. Said written notice date shall be computed commencing with the day after the date of mailing. 5.) Article 3, Paragraph 3.1(B), Operating Costs, has been modified to the following: CITY agrees to provide to LESSEE utilities (water, gas, and electric service), for which reimbursement shall be paid to CITY as Operating Costs. CITY will provide for trash hauling services of regular office trash. All other trash and debris are the responsibility of LESSEE. CITY will also provide for routine janitorial services, pursuant to the schedule attached as Exhibit A to Lease Amendment No. 4. 6.) Article 3, Paragraph 3.4, Rent Adjustments, has been modified to the following: The Base Rent Rate (or Shell Rent Rate) shall be adjusted by 2.5% on the second anniversary of the Effective Date of Lease Amendment No. 7 and each year thereafter for increases in airport operational costs until the lease agreement terminates or upon the acceptance of a new lease contract at the same leased premise. 7.) Article 15, Paragraph 15.7, Notices; Lessee Contact, has been modified to identify the following: If To City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 (361)-289-0251 (Fax Number) If To Lessee: General Service Administration 819 Taylor Street Fort Worth, Texas 76012 8.) The Government and the Lessor ratify fully executed Lease Amendment Nos. 1, 2, 3, 4, and 6. Both parties acknowledge and agree Lease Amendment No. 5 was not fully executed by either party and hereafter shall not be made a part of the terms and conditions of the Lease Agreement. 9.) The Government, or General Services Administration, and Lessor, following authorization by Lessor's governing body, acting by and through its duly appointed City Manager, or the City's Manager's designee, acknowledge and agree both identified parties house signing authority on behalf of this Lease Agreement. 10.) All other terms and conditions of the Lease Agreement and its fully executed amendments shall remain in full force and effect. INITIALS: & LESSOR GOV'T Lease Amendment Form 12/12 Ordinance appointing Julianna Siracusa Rivera as a full-time Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing William Gregory "Bill" Bonilla as a part-time judge of the Municipal Court of Record in the City of Corpus Christi; determining salary; providing a term of office; and declaring an effective date WHEREAS, pursuant to Corpus Christi Code Sec. 29-4, the City Council shall appoint municipal judges, as deemed necessary for the benefit and conduct of the court. Each judge shall be appointed by the city council and shall hold office for a two-year term coterminous with the term of the appointing city council unless sooner removed or until the successor, if any, is appointed; and WHEREAS, the City Council shall by ordinance appoint its municipal judges pursuant to Texas Government Code 30.00006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Julianna Siracusa Rivera is appointed as a Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 2. Julianna Siracusa Rivera shall receive the fixed salary of $97,935. SECTION 3. That William Gregory "Bill" Bonilla is appointed as a Part -Time Judge of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 4. That William Gregory "Bill" Bonilla shall receive an hourly rate of $44.25 per hour. SECTION 5. That each person appointed as Municipal Judge of the Municipal Court of Record will not be entitled to a car allowance. SECTION 6. That each judge shall hold office for a term coterminous with the term of the appointing City Council unless sooner removed or until the successor, if any, is appointed. SECTION 7. This ordinance takes effect upon passage on second reading. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 21, 2019 Action Item for the City Council Meeting of June 11, 2019 DATE: TO: May 15, 2019 Peter Zanoni., City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 Jeffrey H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution Approving Street Preventative Maintenance Program (SPMP) 2019 SPMP Work Plan (Year — 6) CAPTION: Resolution approving the concepts, direction, and general work plan for the sixth year of the Street Preventative Maintenance Program (SPMP) — "2019 SPMP Work Plan (Year - 6)." PURPOSE: The purpose of this agenda item is for City Council to approve a Resolution in support of the 2019 SPMP Work Plan (Year - 6). BACKGROUND AND FINDINGS: The initial selection criterion for streets included in the 2019 SPMP Work Plan (Year — 6) was based on the Pavement Condition Index (PCI) scores for streets. Work was distributed among Council Districts in an equitable method based on maintenance needs to extend street life, improve performance and delay street reconstruction. The work plan considered allocating available resources among residential, collector and arterial streets based on most urgent need. Residential streets were then evaluated by neighborhood and work was further distributed based on need for overlay, ultra-thin bond surface treatment or seal coat treatment. Project No: N/A 1 MA/LH Legistar No.: 19-0716 Rev. 3-05/14/19 ALTERNATIVES: 1. Approve Resolution as proposed. 2. Approve Resolution with modifications. 3. Do not approve Resolution. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating Revenue ❑Capital X Not applicable Fiscal Years 2018 - 2019 Development Construction Option Year One TOTALS Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE Fund(s): N/A Comments: None. RECOMMENDATION: Approval of Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Presentation EXHIBIT A — 2019 SPMP Work Plan (Year — 6) - Alphabetical Street Listing 2019 SPMP Work Plan (Year — 6) - Council District List 2019 City Seal Coat Work Plan Project No: N/A 2 MA/LH Legistar No.: 19-0716 Rev. 3-05/14/19 RESOLUTION APPROVING THE CONCEPTS, DIRECTION, AND GENERAL WORK PLAN FOR THE SIXTH YEAR OF THE STREET PREVENTATIVE MAINTENANCE PROGRAM (SPMP) — "2019 SPMP WORK PLAN (YEAR - 6)." WHEREAS, on June 25, 2013, by Ordinance No. 029876 and Ordinance No. 029877, the City Council (a) established a Street Preventative Maintenance Program (SPMP) and Street Maintenance Fee (SMF); and (b) established policies, rates, and methodologies for the SPMP and SMF, respectively, and amended and codified the two ordinances under Sections 10 through 20 of Ordinance No. 029917; WHEREAS, under the "Definitions" section of the above Ordinances (a) Director means the City Manager or designee; (b) Street Preventative Maintenance Program (SPMP) means the street preventative maintenance program, as amended from time to time, funded by the Street Maintenance Fee; and (c) Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within city limits that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program; WHEREAS, Section 11 of Ordinance No. 029877, titled "Rules," provides that the Director is responsible for administration of the SPMP and SMF, developing all rules and procedures necessary to administer the SPMP and SMF, developing all maintenance programs, and establishing Street System criteria and standards for the operation and maintenance of the Street System; WHEREAS, pursuant to the "Rules", staff developed certain concepts, direction, selection criteria, and a general work plan for the initial year of the SPMP (the 2014 SPMP Work Plan (Year - 1)), which was approved for implementation on December 17, 2013, by Resolution No. 030046; WHEREAS, staff now presents for approval the 2019 SPMP Work Plan (Year - 6); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports, and directs staff to proceed with implementing the concepts, direction, selection criteria, and general work plan for the sixth year of the Street Preventative Maintenance Program (SPMP) referred to as the "2019 SPMP Work Plan (Year - 6)." The 2019 SPMP Work Plan (Year — 6) is attached as Exhibit A hereto. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor 1 Corpus Christi, Texas of , 2019 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Jr. Paulette Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 2 EXHIBIT A 2019 SPMP WORK PLAN (YEAR 6) Alphabetical Street Listing STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 5700 2019 5800 2019 OVERLAY OVERLAY ADMIRAL ADMIRAL PADRE ISLAND DR MELODY LN MELODY LN MIRROR LOCAL LOCAL 56 56 4 405 19 855 4 200 19 422 5900 2019 OVERLAY ADMIRAL MIRROR LAKESIDE LOCAL 56 4 475 19 1,003 7800 2019 ULTRATH IN ALT AGNES SIXTEENTH SEVENTEENTH ARTERIAL 77 300 41 1,367 7900 2019 ULTRATHIN ALT AGNES SEVENTEENTH EIGHTEENTH ARTERIAL 77 480 41 2,187 8000 2019 ULTRATH IN ALT AGNES EIGHTEENTH NINETEENTH ARTERIAL 77 280 41 1,276 8100 2019 ULTRATHIN ALT AGNES NINETEENTH TWENTIETH ARTERIAL 77 360 41 1,640 8200 2019 ULTRATH IN ALT AGNES TWENTIETH TWENTY FIRST ARTERIAL 77 360 41 1,640 8300 2019 ULTRATHIN ALT AGNES TWENTY FIRST LAREDO ARTERIAL 77 390 31 1,343 23000 2019 ULTRATHIN ALAMEDA MC CALL HOFFMAN ARTERIAL 65 2 195 61 1,322 41800 2019 ULTRATHIN AQUARIUS SKYSAIL ST LANYARD COLLECTOR 70 4 1050 36 4,200 41900 2019 ULTRATHIN AQUARIUS LANYARD TOPSAIL COLLECTOR 74 4 350 36 1,400 57500 2019 ULTRATHIN AYERS EDWARDS TARLTON ARTERIAL 69 2 340 58 2,191 57600 2019 ULTRATHIN AYERS TARLTON TARLTON ARTERIAL 69 2 175 58 1,128 57604 2019 ULTRATHIN AYERS TARLTON BLEVINS ARTERIAL 69 2 160 58 1,031 57700 2019 ULTRATHIN AYERS BLEVINS RICHARD ARTERIAL 69 2 330 58 2,127 57800 2019 ULTRATHIN AYERS RICHARD CLEMMER ARTERIAL 69 2 330 58 2,127 58300 2019 ULTRATH IN ALT AYERS SOUTHGATE PAINTER ARTERIAL 75 2 305 62 2,101 58400 2019 ULTRATHIN ALT AYERS PAINTER ROOSEVELT ARTERIAL 75 2 305 62 2,101 58404 2019 ULTRATH IN ALT AYERS ROOSEVELT N ROOSEVELT S ARTERIAL 75 2 85 62 586 58500 2019 ULTRATHIN ALT AYERS ROOSEVELT S ROOSEVELT ARTERIAL 75 2 90 62 620 58600 2019 ULTRATH IN ALT AYERS ROOSEVELT PEARSE ARTERIAL 75 2 885 62 6,097 58700 2019 ULTRATHIN ALT AYERS PEARSE PEARSE ARTERIAL 75 2 125 62 861 58704 2019 ULTRATH IN ALT AYERS PEARSE HORNE RD ARTERIAL 75 2 345 62 2,377 58800 2019 ULTRATHIN ALT AYERS HORNE RD CUIPER ARTERIAL 75 2 1115 62 7,681 65104 2019 OVERLAY BALDWIN PRESCOTT RIGGAN ARTERIAL 56 2 360 58 2,320 65200 2019 OVERLAY BALDWIN RIGGAN ELIZABETH ARTERIAL 56 2 335 58 2,159 65300 2019 OVERLAY BALDWIN ELIZABETH CLOYDE ARTERIAL 56 2 195 58 1,257 65400 2019 OVERLAY BALDWIN CLOYDE CLOYDE ARTERIAL 56 2 130 58 838 65404 2019 OVERLAY BALDWIN CLOYDE LYNCH ARTERIAL 56 2 325 58 2,094 65500 2019 OVERLAY BALDWIN LYNCH TERRACE ARTERIAL 56 2 300 58 1,933 65600 2019 OVERLAY BALDWIN TERRACE FIG ARTERIAL 56 2 320 58 2,062 65700 2019 OVERLAY BALDWIN FIG AYERS ARTERIAL 56 2 700 57 4,433 68300 2019 OVERLAY BARONS BEVECREST ST DEAD END N LOCAL 60 3 220 24 587 86800 2019 OVERLAY ALT BEVECREST AYERS ST KAYCREST ST LOCAL 69 3 430 36 1,720 86900 2019 OVERLAY ALT BEVECREST KAYCREST ST SHAROLYN ST LOCAL 69 3 215 36 860 87000 2019 OVERLAY ALT BEVECREST SHAROLYN ST CINDIA ST LOCAL 69 3 220 36 880 87100 2019 OVERLAY ALT BEVECREST CINDIA ST BEVERCREST CIR LOCAL 69 3 90 36 360 87200 2019 OVERLAY ALT BEVECREST BEVERCREST CIR PERSIMMON ST LOCAL 69 3 160 36 640 87300 2019 OVERLAY ALT BEVECREST PERSIMMON ST BARONS ST LOCAL 69 3 120 24 320 87400 2019 OVERLAY ALT BEVECREST BARONS ST BEARDMORE ST LOCAL 69 3 255 24 680 136200 2019 ULTRATHIN ALT BUDDY LAWRENCE INTERSTATE 37 NANDINA COLLECTOR 84 1 140 40 622 136204 2019 ULTRATHIN ALT BUDDY LAWRENCE NANDINA LIGUSTRUM COLLECTOR 84 310 40 1,378 136300 2019 ULTRATHIN ALT BUDDY LAWRENCE LIGUSTRUM GARDENIA COLLECTOR 84 1 305 40 1,356 136400 2019 ULTRATHIN ALT BUDDY LAWRENCE GARDENIA AZALEA COLLECTOR 84 310 40 1,378 136500 2019 ULTRATH IN ALT BUDDY LAWRENCE AZALEA NUECES BAY COLLECTOR 84 1 860 50 4,778 136600 2019 ULTRATHIN ALT BUDDY LAWRENCE NUECES BAY ANTELOPE COLLECTOR 84 665 58 4,286 143300 2019 OVERLAY BURNEY EVERHART RD AUTOTOWN LOCAL 57 2 625 40 2,778 143400 2019 OVERLAY BURNEY AUTOTOWN LANSDOWN LOCAL 57 2 850 26 2,456 143500 2019 OVERLAY BURNHAM FULWELL STAPLES S LOCAL 57 1385 36 5,540 144400 2019 OVERLAY BURR WHITAKER SHEPARD LOCAL 63 4 290 24 773 144500 2019 OVERLAY BURR SHEPARD LUCILLE LOCAL 63 4 1075 26 3,106 144600 2019 OVERLAY BURTON HOLLY RD CAIN LOCAL 62 3 640 24 1,707 144700 2019 OVERLAY BURTON CAIN BONNER LOCAL 62 3 660 24 1,760 180100 2019 OVERLAY CASCADE OLYMPIA ST ANDREWS LOCAL 58 1375 26 3,972 180900 2019 OVERLAY CASTLE FOREST CASTLE RIVER DEAD END E LOCAL 61 1 245 24 653 181700 2019 OVERLAY ALT CASTLE RIVER CASTLE VALLEY CASTLE FOREST LOCAL 71 665 24 1,773 181800 2019 OVERLAY ALT CASTLE RIVER CASTLE FOREST CASTLE TOP LOCAL 71 1 225 24 600 182300 2019 OVERLAY CASTLE TOP CASTLE RIVER DEAD END S LOCAL 59 170 24 453 185600 2019 OVERLAY CAYO GORDA CUMANA DEAD END S LOCAL 57 4 910 24 2,427 192700 2019 OVERLAY CHAMIZAL ROUNDROCK NOLFORD LOCAL 60 260 36 1,100 192800 2019 OVERLAY CHAMIZAL NOLFORD WESTERN LOCAL 60 1 530 36 2,120 192900 2019 OVERLAY CHAMIZAL WESTERN SIERRA LOCAL 60 300 36 1,200 193000 2019 OVERLAY CHAMIZAL SIERRA FONVILLACIR LOCAL 60 1 380 36 1,520 193100 2019 OVERLAY CHAMIZAL FONVILLACIR MOUNTAIN VIEW LOCAL 60 320 24 933 196300 2019 ULTRATHIN CHARLES MAPLE LEAF DR TURNING LEAF DR COLLECTOR 65 1 300 24 800 210400 2019 OVERLAY CLARION SUEZ ALEXANDRIA LOCAL 56 4 670 24 1,787 210500 2019 OVERLAY CLARION ALEXANDRIA DELTA LOCAL 56 4 305 24 813 247400 2019 OVERLAY CRESCENT WINSTON MCARDLE LOCAL 57 4 785 36 3,140 266900 2019 OVERLAY DASMARINAS WHITE CAP BOUNTY LOCAL 57 4 200 24 533 267000 2019 OVERLAY DASMARINAS BOUNTY BARATARIA LOCAL 57 4 890 24 2,373 267104 2019 OVERLAY DASMARINAS BARATARIA DEAD ENDS LOCAL 57 4 580 24 1,547 284300 2019 OVERLAY ALT DODDRIDGE SANTA FE DELAINE ARTERIAL 84 4 755 48 4,027 284400 2019 OVERLAY ALT DODDRIDGE DELAINE MELDO ARTERIAL 84 4 220 48 1,173 284404 2019 OVERLAY ALT DODDRIDGE MELDO TOPEKA ARTERIAL 84 4 310 48 1,653 284500 2019 OVERLAY ALT DODDRIDGE TOPEKA ALAMEDAS ARTERIAL 84 4 320 48 1,707 284902 2019 ULTRATHIN DODDRIDGE POPE POPE ARTERIAL 65 2 380 54 2,280 294500 2019 OVERLAY DUCAT REALES DEAD END LOCAL 61 4 775 24 2,067 298400 2019 OVERLAY DUNSTAIN FONTANA AVE JACOB ST LOCAL 64 485 24 1,293 298450 2019 OVERLAY DUNSTAIN JACOB ST YELLOW OAK LOCAL 64 1 285 24 760 312900 2019 OVERLAY ELIZABETH SANTA FE FIFTH ST COLLECTOR 59 2 390 40 1,733 313000 2019 OVERLAY ELIZABETH FIFTH ST SIXTH ST COLLECTOR 59 2 340 40 1,511 313100 2019 OVERLAY ELIZABETH SIXTH ST SEVENTH ST COLLECTOR 59 2 345 40 1,533 313200 2019 OVERLAY ELIZABETH SEVENTH ST STAPLES COLLECTOR 59 2 330 40 1,467 326700 2019 ULTRATHIN EVERHART CENTER DR ESTATE ARTERIAL 65 4 285 28 887 326800 2019 ULTRATHIN EVERHART ESTATE CLINTON ARTERIAL 62 4 250 28 778 329900 2019 ULTRATHIN EVERHART SARATOGA MIDDLECOFF ARTERIAL 75 5 1150 60 7,667 330000 2019 ULTRATHIN EVERHART MIDDLECOFF EIDER DR ARTERIAL 75 5 260 60 1,733 330100 2019 ULTRATHIN EVERHART EIDER DR GOLDENEYE ARTERIAL 75 5 280 60 1,867 330200 2019 ULTRATHIN EVERHART GOLDENEYE SNOWGOOSE ARTERIAL 75 5 905 60 6,033 330300 2019 ULTRATHIN EVERHART SNOWGOOSE SHADOWBEND ARTERIAL 75 5 780 60 5,200 330400 2019 ULTRATHIN EVERHART SHADOWBEND WILLOWICK ARTERIAL 75 5 425 60 2,833 330402 2019 ULTRATHIN EVERHART WILLOWICK SIERRA BLANCA ARTERIAL 75 5 760 60 5,067 330406 2019 ULTRATHIN EVERHART SIERRA BLANCA CEDAR PASS DR ARTERIAL 75 5 685 60 4,567 343800 2019 ULTRATHIN FLOUR BLUFF YORKTOWN BLVD RAMFIELD ARTERIAL 68 4 2640 23 6,747 344500 2019 ULTRATH IN ALT FLOUR BLUFF GRAHAM COMPTON ARTERIAL 84 4 1040 64 7,396 344504 2019 ULTRATHIN ALT FLOUR BLUFF COMPTON PADRE ISLAND DR ARTERIAL 84 4 1305 64 9,280 348200 2019 OVERLAY FORTUNE ENTERPRIZE PKWY BEAR LANE LOCAL 57 3 1265 42 5,903 363400 2019 OVERLAY GAVILAN GREENWOOD LOS ROBLES COLLECTOR 58 3 1165 24 3,107 364600 2019 OVERLAY GERTRUDE MATLOCK MILITARY LOCAL 57 4 470 18 940 369600 2019 OVERLAY GLENOAK WALDRON RD TULANE COLLECTOR 69 4 1460 22 3,569 369700 2019 OVERLAY GLENOAK TULANE MEADOWOOD COLLECTOR 69 4 325 22 794 369800 2019 OVERLAY GLENOAK MEADOWOOD DEBRA LN COLLECTOR 69 4 865 22 2,114 407500 2019 OVERLAY HANDOVER GREELY ALAMEDA S LOCAL 58 4 1200 26 3,467 435600 2019 ULTRATHIN ALT HOLLY BRAESWOOD ETHERIDGE ARTERIAL 82 3 710 30.5 2,406 435600 2019 ULTRATH IN ALT HOLLY BRAESWOOD ETHERIDGE ARTERIAL 82 5 710 30.5 2,406 436100 2019 ULTRATHIN ALT HOLLY MALDEN BETTY JEAN/ST ANDREW ARTERIAL 82 3 1170 30.5 3,965 436100 2019 ULTRATH IN ALT HOLLY MALDEN BETTY JEAN/ST ANDREW ARTERIAL 82 5 1170 30.5 3,965 436500 2019 ULTRATHIN ALT HOLLY EVERHART RD WEDGEWOOD ARTERIAL 87 3 1400 61 9,489 436600 2019 ULTRATH IN ALT HOLLY WEDGEWOOD FLYNN PKWY ARTERIAL 87 3 860 61 5,829 5/16/2019 1 OF 3 EXHIBIT A 2019 SPMP WORK PLAN (YEAR 6) Alphabetical Street Listing STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 436700 442900 442902 442906 452140 452141 452142 452143 452144 452145 456400 456500 459000 467900 485300 485400 491700 491800 491900 492000 502100 502200 502300 529300 534700 986000 986200 552150 558100 608700 608800 658700 658800 676757 676830 676867 676904 676940 678996 679069 679106 679142 679179 690000 690100 697606 697607 722547 723100 723200 743500 743600 753900 754000 754100 768600 768700 768800 790800 790900 791000 791004 794750 799050 808500 808600 833300 833400 833500 833600 851500 859200 867970 867972 867980 868000 868100 868200 868300 868400 868404 868500 868600 870300 870400 870500 870504 870600 870700 870800 870900 871000 871100 884000 884100 892350 897400 897500 897600 897700 914360 931800 931900 932000 932100 939600 949010 957400 957500 ULTRATHIN ALT ULTRATHIN ULTRATHIN ULTRATHIN OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY ULTRATHIN ALT ULTRATHIN ALT ULTRATHIN ALT ULTRATHIN ALT OVERLAY OVERLAY ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN OVERLAY OVERLAY OVERLAY ALT OVERLAY ALT OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY ULTRATHIN ULTRATHIN OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY OVERLAY ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN OVERLAY OVERLAY ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN OVERLAY OVERLAY OVERLAY ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ULTRATHIN ALT ULTRATHIN ALT ULTRATHIN ALT ULTRATHIN ALT OVERLAY OVERLAY ULTRATHIN ULTRATHIN HOLLY HORNE HORNE HORNE H 37 H 37 H 37 H 37 H 37 H 37 SABELLA SABELLA JACKTAR JOLLY ROGER KING TRL KING TRL KOSTORYZ KOSTORYZ KOSTORYZ KOSTORYZ LAKESIDE LAKESIDE FLYNN PKWY GREENWOOD LULAC LULAC MESQUITE CHAPPARRAL WATER MESQUITE CHAPARRAL WATER WHITE CAP BLVD CATAMARAN BARATARIA AQUARIUS SOUTH STAPLES KING ACRES PADRE ISLAND DR JOHANNA SACKY SOKOL NAS DR MILITARY LAKESIDE PADRE ISLAND DR LEOPARD CALLICOATTE RD LEOPARD CALLICOATTE RD LEOPARD AKA UP RIVER UP RIVER ROAD LEOPARD AKA UP RIVER HEARN RD LOS ARROYOS LAS MIRAS DR LOVEBIRD ORIOLE MONITOR MC ARDLE MONITOR LINCOLN NICHOLS POWELL DR NICHOLS REAGAN DR OCEAN COUNTRY CLUB OCEAN WAVERLY OCEAN GLENMORE OCEAN CLAREMORE OCEAN PALMETTO OCEAN COUNTRY CLUB OCEAN WAVERLY OCEAN GLENMORE OCEAN CLAREMORE OCEAN PALMETTO OPPORTUNITY ENTERPRIZE PKWY OPPORTUNITY INVESTMENT BLVD OSO S KING ACRES DR OSO S CAPE VISTA DR PAUL JONES HOLLY PAUL JONES MOFFETT PAUL JONES SIMS PORT BUFORD PORT RUTH PRESCOTT SALAZAR PRESCOTT GARDEN PRESCOTT GARDEN RAPIDS WOOD RIVER RAPIDS KICKAPOO RAPIDS DRY CREEK RIVER FOREST CALALLEN RIVER FOREST RIVER VIEW RIVER FOREST FOREST CIR RIVER FOREST CACTUS RIVERWOOD F M 624 ROCK CREST ANVIL ROSLYN PRESCOTT ROSLYN NIAGARA SANTA FE ATLANTIC SANTA FE NAPLES SANTA FE DEL MAR SANTA FE COLE SEINE RHINE SHAWNEE BALDWIN ST SHORELINE BELDEN SHORELINE 137 ACCESS SHORELINE 137 ACCESS SHORELINE MANN SHORELINE TWIGG SHORELINE TAYLOR SHORELINE STARR SHORELINE PEOPLES SHORELINE SCHATZEL SHORELINE SCHATZEL SHORELINE LAWRENCE SHORELINE WILLIAMS SHORELINE LAWRENCE SHORELINE SCHATZEL SHORELINE SCHATZEL SHORELINE PEOPLES SHORELINE STARR SHORELINE TAYLOR SHORELINE TWIGG SHORELINE MANN SHORELINE 137 ACCESS SOLEDAD GREENWOOD SOLEDAD ELGIN SPRING CREEK SPRING CREEK DR STAPLES PADRE ISLAND DR STAPLES MC ARDLE STAPLES BRADSHAW STAPLES BROCK STONEWALL CHARLES SUN VALLEY CEDAR PASS DR SUN VALLEY VALLEY CIR SUN VALLEY VALLEY COVE SUN VALLEY VALLEY CIR SWORDFISH CABANA E TEAL BEAL TIGER WEBER RD TIGER WILKINSON SAFARI LULAC LULAC COLUMBIA CHAPARRAL WATER SHORELINE (NORTH) CHAPARRAL WATER SHORELINE (NORTH) CATAMARAN DEAD END S CROSSJACK ST DEAD END W KING ACRES KING LANE JOHANNA SACKY SOKOL HOLLY RD MILITARY PADRE ISLAND DR LAKESIDE REHFELD REHFELD HEARN STATE HWY 77 LOS RANCHEROS WAXWING LINCOLN MARION REAGAN DR SPAULDING DR WAVERLY GLENMORE CLAREMORE PALMETTO POENISCH WAVERLY GLENMORE CLAREMORE PALMETTO POENISCH INVESTMENT BLVD ENTERPRIZE PKWY CAPE VISTA DR LAGO VISTA DR MOFFETT SIMS VETTERS RUTH MARY GARDEN GARDEN TROJAN KICKAPOO DRY CREEK CALAVERAS RIVER VIEW FOREST CIR CACTUS MOON RIVER RIVER HILL LA SALLE NIAGARA SARITA NAPLES DEL MAR COLE CLIFFORD DEAD END N CHIPPEWA ST 137 ACCESS 137 ACCESS MANN TWIGG TAYLOR STARR PEOPLE SCHATZEL SCHATZEL LAWRENCE SHORELINE S LAWRENCE SCHATZEL SCHATZEL PEOPLES STARR TAYLOR TWIGG MANN 137 ACCESS BELDEN ELGIN CARVER DEAD END MC ARDLE BRADSHAW BROCK MEADOWBROOK SHALLOW CREEK DR VALLEY CIR VALLEY COVE VALLEY CIR YORKTOWN COMMODORES WOOD RIVER WILKINSON CARROLL LN ARTERIAL ARTERIAL ARTERIAL ARTERIAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL LOCAL LOCAL COLLECTOR ARTERIAL ARTERIAL ARTERIAL ARTERIAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL LOCAL LOCAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR ARTERIAL ARTERIAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL LOCAL LOCAL LOCAL ARTERIAL ARTERIAL ARTERIAL ARTERIAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL COLLECTOR COLLECTOR 3 3 3 3 61 56 56 56 33 34 30 47 33 30 24 24 24 24 24 24 72 57 57 57 20 18 20 33 33 61 58 24 24 24 24 24 24 30 2,813 5,289 5 2 2 2 2 2 2 5 2 2 1 2 2 2 2 1 5 5 5 5 4 1 3 3 3,733 4,947 1,375 1,436 1,850 1,906 1,393 1,850 467 1,973 3,773 2,587 3,893 1,773 3,800 4,148 4,433 12,033 1,378 1,400 2,400 3,832 3,832 25,484 2,578 2,920 2,040 2,040 880 773 960 2,900 30 2,250 30 2,200 30 2,217 30 2,817 30 2,917 30 2,250 30 2,200 30 2,217 30 2,817 42 2,963 42 5,110 36 3,240 36 3,840 25 2,861 24 1,067 24 1,360 60 5,533 60 6,067 24 1,453 24 387 24 3,160 24 1,240 24 640 24 2,520 24 893 24 600 24 120 24 547 22 2,469 24 2,453 24 1,093 24 2,053 46 1,661 46 1,763 46 2,249 46 1,661 24 1,080 24 1,120 38 950 38 633 38 1,562 38 1,942 38 1,541 38 1,520 38 1,520 38 1,499 38 676 37 1,891 37 1,932 37 1,459 37 1,501 38 528 38 1,520 38 1,520 38 1,520 38 1,520 38 1,858 38 1,689 38 1,056 24 613 24 1,973 24 827 64 9,636 64 2,560 64 1,920 64 2,204 36 1,100 36 940 36 1,740 36 2,200 36 1,360 24 1,133 24 2,880 37 6,496 37 4,111 971900 2019 ULTRATHIN TROJAN 5/16/2019 CASTENON WATERFALL COLLECTOR 65 3 550 42 2,567 2 OF 3 EXHIBIT A 2019 SPMP WORK PLAN (YEAR 6) Alphabetical Street Listing STR ID YEAR WORK PLAN STREET FROM 972000 2019 972100 2019 ULTRATHIN ULTRATHIN TROJAN TROJAN WATERFALL BALSAM 972200 2019 ULTRATHIN TROJAN LAUREN DR TO MPC W PCI DISTRICT LENGTH WIDTH AREA BALSAM LAUREN DR GREENWOOD COLLECTOR COLLECTOR COLLECTOR 65 65 65 3 3 3 125 265 390 42 42 42 583 1,237 1,820 993700 2019 OVERLAY VEGA JAMAICA CHARLOTTE LOCAL 56 4 770 24 2,053 1008300 2019 ULTRATHIN WALDRON PADRE ISLAND DR COMPTON-KNICKERBOCKER ARTERIAL 74 4 385 58 2,481 1019300 2019 ULTRATHIN ALT WEBER REDWOOD LITTLE JOHN ARTERIAL 76 2 320 57 2,027 1019400 2019 ULTRATHIN ALT WEBER LITTLE JOHN LINDEN ARTERIAL 76 2 320 57 2,027 1036475 2019 OVERLAY WILD OLIVE SOUTH OSO PKWY DEAD END LOCAL 58 5 450 24 1,200 1047100 2019 OVERLAY WINDSONG WOOLDRIDGE RD ROSELAND DR LOCAL 58 760 36 3,040 1057504 2019 ULTRATHIN WOOLDRIDGE LAS BRISAS VICTORIA PARK DR COLLECTOR 74 4 2150 18 4,300 1057530 2019 ULTRATHIN WOOLDRIDGE 1057545 2019 ULTRATHIN WOOLDRIDGE 1057560 2019 ULTRATHIN WOOLDRIDGE VICTORIA PARK D MYSTIC STAR DR MYSTIC STAR DR GOLD STAR GOLD STAR QUEBEC DR ARTERIAL 74 4 840 18 1,680 ARTERIAL 74 4 275 18 550 ARTERIAL 74 4 785 18 1,570 1058100 2019 ULTRATHIN ALT WOOLDRIDGE AIRLINE RD CIMARRON BLVD COLLECTOR 77 640 46 3,271 1058100 2019 ULTRATHIN WOOLDRIDGE AIRLINE RD CIMARRON BLVD COLLECTOR 77 5 640 46 3,271 1058150 2019 ULTRATHIN ALT WOOLDRIDGE CIMARRON BLVD FULTON DR COLLECTOR 77 530 46 2,709 1058150 2019 ULTRATHIN WOOLDRIDGE CIMARRON BLVD FULTON DR COLLECTOR 77 5 530 46 2,709 1058200 2019 ULTRATHIN ALT WOOLDRIDGE FULTON DR SCABBARD DR COLLECTOR 80 275 46 1,406 1058200 2019 ULTRATHIN WOOLDRIDGE FULTON DR SCABBARD DR COLLECTOR 80 5 275 46 1,406 1058230 2019 ULTRATHIN ALT WOOLDRIDGE SCABBARD DR TWINE DR COLLECTOR 80 565 46 2,888 1058230 2019 ULTRATHIN WOOLDRIDGE SCABBARD DR TWINE DR COLLECTOR 80 5 565 46 2,888 1058260 2019 ULTRATHIN ALT WOOLDRIDGE TWINE DR SCOTCH MOSS DR COLLECTOR 80 180 46 920 1058260 2019 ULTRATHIN WOOLDRIDGE TWINE DR SCOTCH MOSS DR COLLECTOR 80 5 180 46 920 1059505 2019 OVERLAY ALT WORDSWORTH CREEK GUADALUPE RIVER DEAD END (N) LOCAL 73 170 24 453 1059505 2019 OVERLAY ALT WORDSWORTH CREEK GUADALUPE RIVER DEAD END (N) LOCAL 73 170 24 453 1059510 2019 OVERLAY ALT WORDSWORTH CREEK GUADALUPE RIVER BALLAD TREE DR LOCAL 73 855 24 2,280 1059510 2019 OVERLAY ALT WORDSWORTH CREEK GUADALUPE RIVER BALLAD TREE DR LOCAL 73 855 24 2,280 1065706 2019 ULTRATHIN ALT YORKTOWN ALISA ANN WAGNER LEE COLLECTOR 82 4 330 24 880 1065706 2019 ULTRATHIN ALT YORKTOWN ALISA ANN WAGNER LEE COLLECTOR 82 4 330 24 880 5/16/2019 3 OF 3 DISTRICT 1 2019 SPMP WORK PLAN (YEAR 6) By District STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 7800 7900 8000 8100 2019 2019 2019 2019 ULTRATHIN ALT ULTRATHIN ALT ULTRATHIN ALT ULTRATHIN ALT AGNES AGNES AGNES AGNES SIXTEENTH SEVENTEENTH SEVENTEENTH EIGHTEENTH ARTERIAL ARTERIAL 77 77 EIGHTEENTH NINETEENTH ARTERIAL 77 NINETEENTH TWENTIETH ARTERIAL 77 300 480 280 360 41 41 41 41 1,367 2,187 1,276 1,640 8200 2019 ULTRATHIN ALT AGNES TWENTIETH TWENTY FIRST ARTERIAL 77 360 41 1,640 8300 2019 ULTRATHIN ALT AGNES TWENTY FIRST LAREDO ARTERIAL 77 390 31 1,343 136200 2019 ULTRATHIN ALT BUDDY LAWRENCE INTERSTATE 37 NANDINA COLLECTOR 84 140 40 622 136204 2019 ULTRATHIN ALT BUDDY LAWRENCE NANDINA LIGUSTRUM COLLECTOR 84 310 40 1,378 136300 2019 ULTRATHIN ALT BUDDY LAWRENCE LIGUSTRUM GARDENIA COLLECTOR 84 305 40 1,356 136400 2019 ULTRATHIN ALT BUDDY LAWRENCE GARDENIA AZALEA COLLECTOR 84 310 40 1,378 136500 2019 ULTRATHIN ALT BUDDY LAWRENCE AZALEA NUECES BAY COLLECTOR 84 860 50 4,778 136600 2019 ULTRATHIN ALT BUDDY LAWRENCE NUECES BAY ANTELOPE COLLECTOR 84 665 58 4,286 180900 2019 OVERLAY CASTLE FOREST CASTLE RIVER DEAD END E LOCAL 61 245 24 653 181700 2019 OVERLAY ALT CASTLE RIVER CASTLE VALLEY CASTLE FOREST LOCAL 71 665 24 1,773 181800 2019 OVERLAY ALT CASTLE RIVER CASTLE FOREST CASTLE TOP LOCAL 71 225 24 600 182300 2019 OVERLAY CASTLE TOP CASTLE RIVER DEAD END S LOCAL 59 170 24 453 192700 2019 OVERLAY CHAMIZAL ROUNDROCK NOLFORD LOCAL 60 260 36 1,100 192800 2019 OVERLAY CHAMIZAL NOLFORD WESTERN LOCAL 60 530 36 2,120 192900 2019 OVERLAY CHAMIZAL WESTERN SIERRA LOCAL 60 300 36 1,200 193000 2019 OVERLAY CHAMIZAL SIERRA FONVILLA CIR LOCAL 60 380 36 1,520 193100 2019 OVERLAY CHAMIZAL FONVILLA CIR MOUNTAIN VIEW LOCAL 60 320 24 933 196300 2019 ULTRATHIN CHARLES MAPLE LEAF DR TURNING LEAF DR COLLECTOR 65 300 24 800 298400 2019 OVERLAY DUNSTAIN FONTANA AVE JACOB ST LOCAL 64 485 24 1,293 298450 2019 OVERLAY DUNSTAIN JACOB ST YELLOW OAK LOCAL 64 285 24 760 452140 2019 OVERLAY IH 37 MESQUITE CHAPARRAL COLLECTOR 66 375 33 1,375 452141 2019 OVERLAY IH 37 CHAPPARRAL WATER COLLECTOR 66 380 34 1,436 452142 2019 OVERLAY IH 37 WATER SHORELINE (NORTH) COLLECTOR 66 555 30 1,850 452143 2019 OVERLAY IH 37 MESQUITE CHAPARRAL COLLECTOR 66 365 47 1,906 452144 2019 OVERLAY IH 37 CHAPARRAL WATER COLLECTOR 66 380 33 1,393 452145 2019 OVERLAY IH 37 WATER SHORELINE (NORTH) COLLECTOR 66 555 30 1,850 529300 2019 ULTRATHIN LEOPARD CALLICOATTE RD REHFELD ARTERIAL 77 1,045 33 3,832 534700 2019 ULTRATHIN LEOPARD CALLICOATTE RD REHFELD ARTERIAL 77 1,045 33 3,832 986000 2019 ULTRATHIN LEOPARD AKA UP RIVER UP RIVER ROAD HEARN ARTERIAL 66 3,760 61 25,484 986200 2019 ULTRATHIN LEOPARD AKA UP RIVER HEARN RD STATE HWY 77 ARTERIAL 66 400 58 2,578 658700 2019 OVERLAY NICHOLS POWELL DR REAGAN DR LOCAL 68 290 24 773 658800 2019 OVERLAY NICHOLS REAGAN DR SPAULDING DR LOCAL 68 360 24 960 743500 2019 ULTRATHIN PORT BUFORD RUTH ARTERIAL 71 830 60 5,533 743600 2019 ULTRATHIN PORT RUTH MARY ARTERIAL 70 910 60 6,067 768600 2019 OVERLAY RAPIDS WOOD RIVER KICKAPOO LOCAL 69 465 24 1,240 768700 2019 OVERLAY RAPIDS KICKAPOO DRY CREEK LOCAL 69 240 24 640 768800 2019 OVERLAY RAPIDS DRY CREEK CALAVERAS LOCAL 69 945 24 2,520 790800 2019 OVERLAY RIVER FOREST CALALLEN RIVER VIEW LOCAL 60 335 24 893 790900 2019 OVERLAY RIVER FOREST RIVER VIEW FOREST CIR LOCAL 60 225 24 600 791000 2019 OVERLAY RIVER FOREST FOREST CIR CACTUS LOCAL 60 45 24 120 791004 2019 OVERLAY RIVER FOREST CACTUS MOON RIVER LOCAL 60 205 24 547 794750 2019 OVERLAY RIVERWOOD F M 624 RIVER HILL LOCAL 60 1,010 22 2,469 859200 2019 OVERLAY SHAWNEE BALDWIN ST CHIPPEWA ST LOCAL 60 420 24 1,120 867970 2019 ULTRATHIN SHORELINE BELDEN 137 ACCESS ARTERIAL 72 225 38 950 867972 2019 ULTRATHIN SHORELINE 137 ACCESS 137 ACCESS ARTERIAL 72 150 38 633 867980 2019 ULTRATHIN SHORELINE 137 ACCESS MANN ARTERIAL 72 370 38 1,562 868000 2019 ULTRATHIN SHORELINE MANN TWIGG ARTERIAL 72 460 38 1,942 868100 2019 ULTRATHIN SHORELINE TWIGG TAYLOR ARTERIAL 72 365 38 1,541 868200 2019 ULTRATHIN SHORELINE TAYLOR STARR ARTERIAL 72 360 38 1,520 868300 2019 ULTRATHIN SHORELINE STARR PEOPLE ARTERIAL 72 360 38 1,520 868400 2019 ULTRATHIN SHORELINE PEOPLES SCHATZEL ARTERIAL 72 355 38 1,499 868404 2019 ULTRATHIN SHORELINE SCHATZEL SCHATZEL ARTERIAL 72 160 38 676 868500 2019 ULTRATHIN SHORELINE SCHATZEL LAWRENCE ARTERIAL 72 460 37 1,891 868600 2019 ULTRATHIN SHORELINE LAWRENCE SHORELINE S ARTERIAL 72 470 37 1,932 870300 2019 ULTRATHIN SHORELINE WILLIAMS LAWRENCE ARTERIAL 72 355 37 1,459 870400 2019 ULTRATHIN SHORELINE LAWRENCE SCHATZEL ARTERIAL 72 365 37 1,501 870500 2019 ULTRATHIN SHORELINE SCHATZEL SCHATZEL ARTERIAL 72 125 38 528 870504 2019 ULTRATHIN SHORELINE SCHATZEL PEOPLES ARTERIAL 72 360 38 1,520 870600 2019 ULTRATHIN SHORELINE PEOPLES STARR ARTERIAL 72 360 38 1,520 870700 2019 ULTRATHIN SHORELINE STARR TAYLOR ARTERIAL 72 360 38 1,520 870800 2019 ULTRATHIN SHORELINE TAYLOR TWIGG ARTERIAL 72 360 38 1,520 870900 2019 ULTRATHIN SHORELINE TWIGG MANN ARTERIAL 72 440 38 1,858 871000 2019 ULTRATHIN SHORELINE MANN 137 ACCESS ARTERIAL 72 400 38 1,689 871100 2019 ULTRATHIN SHORELINE 137 ACCESS BELDEN ARTERIAL 72 250 38 1,056 892350 2019 OVERLAY SPRING CREEK SPRING CREEK DR DEAD END LOCAL 59 310 24 827 914360 2019 ULTRATHIN STONEWALL CHARLES SHALLOW CREEK DR COLLECTOR 70 275 36 1,100 949010 2019 OVERLAY TEAL BEAL WOOD RIVER LOCAL 58 1,080 24 2,880 1059505 2019 OVERLAY ALT WORDSWORTH CREEK GUADALUPE RIVER DEAD END (N) LOCAL 73 170 24 453 1059505 1059510 1059510 2019 2019 2019 OVERLAY ALT OVERLAY ALT OVERLAY ALT WORDSWORTH CREEK WORDSWORTH CREEK WORDSWORTH CREEK GUADALUPE RIVER GUADALUPE RIVER GUADALUPE RIVER DEAD END (N) BALLAD TREE DR BALLAD TREE DR LOCAL LOCAL LOCAL 73 73 73 170 855 855 24 24 24 453 2,280 2280 STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 23000 2019 ULTRATHIN ALAMEDA MC CALL HOFFMAN ARTERIAL 65 2 195 61 1,322 57500 2019 ULTRATHIN AYERS EDWARDS TARLTON ARTERIAL 69 2 340 58 2,191 57600 2019 ULTRATHIN AYERS TARLTON TARLTON ARTERIAL 69 2 175 58 1,128 57604 2019 ULTRATHIN AYERS TARLTON BLEVINS ARTERIAL 69 2 160 58 1,031 57700 2019 ULTRATHIN AYERS BLEVINS RICHARD ARTERIAL 69 2 330 58 2,127 57800 2019 ULTRATHIN AYERS RICHARD CLEMMER ARTERIAL 69 2 330 58 2,127 58300 2019 ULTRATHIN ALT AYERS SOUTHGATE PAINTER ARTERIAL 75 2 305 62 2,101 58400 2019 ULTRATHIN ALT AYERS PAINTER ROOSEVELT ARTERIAL 75 2 305 62 2,101 58404 2019 ULTRATHIN ALT AYERS ROOSEVELT N ROOSEVELT S ARTERIAL 75 2 85 62 586 58500 2019 ULTRATHIN ALT AYERS ROOSEVELTS ROOSEVELT ARTERIAL 75 2 90 62 620 58600 2019 ULTRATHIN ALT AYERS ROOSEVELT PEARSE ARTERIAL 75 2 885 62 6,097 58700 2019 ULTRATHIN ALT AYERS PEARSE PEARSE ARTERIAL 75 2 125 62 861 58704 2019 ULTRATHIN ALT AYERS PEARSE HORNE RD ARTERIAL 75 2 345 62 2,377 58800 2019 ULTRATHIN ALT AYERS HORNE RD CUIPER ARTERIAL 75 2 1,115 62 7,681 65104 2019 OVERLAY BALDWIN PRESCOTT RIGGAN ARTERIAL 56 2 360 58 2,320 65200 2019 OVERLAY BALDWIN RIGGAN ELIZABETH ARTERIAL 56 2 335 58 2,159 65300 2019 OVERLAY BALDWIN ELIZABETH CLOYDE ARTERIAL 56 2 195 58 1,257 65400 2019 OVERLAY BALDWIN CLOYDE CLOYDE ARTERIAL 56 2 130 58 838 65404 2019 OVERLAY BALDWIN CLOYDE LYNCH ARTERIAL 56 2 325 58 2,094 65500 2019 OVERLAY BALDWIN LYNCH TERRACE ARTERIAL 56 2 300 58 1,933 65600 2019 OVERLAY BALDWIN TERRACE FIG ARTERIAL 56 2 320 58 2,062 65700 2019 OVERLAY BALDWIN FIG AYERS ARTERIAL 56 2 700 57 4,433 143300 2019 OVERLAY BURNEY EVERHART RD AUTOTOWN LOCAL 57 2 625 40 2,778 143400 2019 OVERLAY BURNEY AUTOTOWN LANSDOWN LOCAL 57 2 850 26 2,456 284902 2019 ULTRATHIN DODDRIDGE POPE POPE ARTERIAL 65 2 380 54 2,280 312900 2019 OVERLAY ELIZABETH SANTA FE FIFTH ST COLLECTOR 59 2 390 40 1,733 313000 2019 OVERLAY ELIZABETH FIFTH ST SIXTH ST COLLECTOR 59 2 340 40 1,511 313100 2019 OVERLAY ELIZABETH SIXTH ST SEVENTH ST COLLECTOR 59 2 345 40 1,533 313200 2019 OVERLAY ELIZABETH SEVENTH ST STAPLES COLLECTOR 59 2 330 40 1,467 608700 2019 OVERLAY ALT MONITOR MC ARDLE LINCOLN LOCAL 61 2 765 24 2,040 5/16/2019 10F3 2019 SPMP WORK PLAN (YEAR 6) By District STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 608800 2019 OVERLAY ALT MONITOR LINCOLN MARION LOCAL 61 2 330 24 880 808500 2019 OVERLAY ROSLYN PRESCOTT NIAGARA LOCAL 56 2 410 24 1,093 808600 2019 OVERLAY ROSLYN NIAGARA SARITA LOCAL 56 2 770 24 2,053 833300 2019 ULTRATHIN SANTA FE ATLANTIC NAPLES COLLECTOR 69 2 325 46 1,661 833400 2019 ULTRATHIN SANTA FE NAPLES DEL MAR COLLECTOR 69 2 345 46 1,763 833500 2019 ULTRATHIN SANTA FE DEL MAR COLE COLLECTOR 69 2 440 46 2,249 833600 2019 ULTRATHIN SANTA FE COLE CLIFFORD COLLECTOR 69 2 325 46 1,661 884000 2019 OVERLAY SOLEDAD GREENWOOD ELGIN LOCAL 56 2 230 24 613 884100 2019 OVERLAY SOLEDAD ELGIN CARVER LOCAL 56 2 740 24 1,973 897400 2019 ULTRATHIN STAPLES PADRE ISLAND DR MC ARDLE ARTERIAL 74 2 1,355 64 9,636 897500 2019 ULTRATHIN STAPLES MC ARDLE BRADSHAW ARTERIAL 74 2 360 64 2,560 897600 2019 ULTRATHIN STAPLES BRADSHAW BROCK ARTERIAL 74 2 270 64 1,920 897700 2019 ULTRATHIN STAPLES BROCK MEADOWBROOK ARTERIAL 74 2 310 64 2,204 1019300 2019 ULTRATHIN ALT WEBER REDWOOD LITTLE JOHN ARTERIAL 76 _ 76 2 320 57 2,027 11019400 2019 ULTRATHIN ALT WEBER LITTLE JOHN LINDEN ARTERIAL 2 320 57 2,027 STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 68300 2019 OVERLAY BARONS BEVECREST ST DEAD END N LOCAL 60 3 220 24 587 86800 2019 OVERLAY ALT BEVECREST AYERS ST KAYCREST ST LOCAL 69 3 430 36 1,720 86900 2019 OVERLAY ALT BEVECREST KAYCREST ST SHAROLYN ST LOCAL 69 3 215 36 860 87000 2019 OVERLAY ALT BEVECREST SHAROLYN ST CINDIA ST LOCAL 69 3 220 36 880 87100 2019 OVERLAY ALT BEVECREST CINDIA ST BEVERCREST CIR LOCAL 69 3 90 36 360 87200 2019 OVERLAY ALT BEVECREST BEVERCREST CIR PERSIMMON ST LOCAL 69 3 160 36 640 87300 2019 OVERLAY ALT BEVECREST PERSIMMON ST BARONS ST LOCAL 69 3 120 24 320 87400 2019 OVERLAY ALT BEVECREST BARONS ST BEARDMORE ST LOCAL 69 3 255 24 680 144600 2019 OVERLAY BURTON HOLLY RD CAIN LOCAL 62 3 640 24 1,707 144700 2019 OVERLAY BURTON CAIN BONNER LOCAL 62 3 660 24 1,760 348200 2019 OVERLAY FORTUNE ENTERPRIZE PKWY BEAR LANE LOCAL 57 3 1,265 42 5,903 363400 2019 OVERLAY GAVILAN GREENWOOD LOS ROBLES COLLECTOR 58 3 1,165 24 3,107 435600 2019 ULTRATHIN ALT HOLLY BRAESWOOD ETHERIDGE ARTERIAL 82 3 710 31 2,406 436100 2019 ULTRATHIN ALT HOLLY MALDEN BETTY JEAN/ST ANDREW ARTERIAL 82 3 1,170 31 3,965 436500 2019 ULTRATHIN ALT HOLLY EVERHART RD WEDGEWOOD ARTERIAL 87 3 1,400 61 9,489 436600 2019 ULTRATHIN ALT HOLLY WEDGEWOOD FLYNN PKWY ARTERIAL 87 3 860 61 5,829 436700 2019 ULTRATHIN ALT HOLLY FLYNN PKWY SAFARI ARTERIAL 87 3 415 61 2,813 442900 2019 ULTRATHIN HORNE GREENWOOD LULAC ARTERIAL 65 3 850 56 5,289 442902 2019 ULTRATHIN HORNE LULAC LULAC ARTERIAL 65 3 600 56 3,733 442906 2019 ULTRATHIN HORNE LULAC COLUMBIA ARTERIAL 65 3 795 56 4,947 491700 2019 ULTRATHIN ALT KOSTORYZ PADRE ISLAND DR JOHANNA ARTERIAL 77 3 475 72 3,800 491800 2019 ULTRATHIN ALT KOSTORYZ JOHANNA SACKY ARTERIAL 77 3 655 57 4,148 491900 2019 ULTRATHIN ALT KOSTORYZ SACKY SOKOL ARTERIAL 77 3 700 57 4,433 492000 2019 ULTRATHIN ALT KOSTORYZ SOKOL HOLLY RD ARTERIAL 77 3 1,900 57 12,033 690000 2019 OVERLAY OPPORTUNITY ENTERPRIZE PKWY INVESTMENT BLVD LOCAL 57 3 635 42 2,963 690100 2019 OVERLAY OPPORTUNITY INVESTMENT BLVD ENTERPRIZE PKWY LOCAL 57 3 1,095 42 5,110 753900 2019 OVERLAY PRESCOTT SALAZAR GARDEN LOCAL 64 3 545 24 1,453 754000 2019 OVERLAY PRESCOTT GARDEN GARDEN LOCAL 64 3 145 24 387 754100 2019 OVERLAY PRESCOTT GARDEN TROJAN LOCAL 64 3 1,185 24 3,160 957400 2019 ULTRATHIN TIGER WEBER RD WILKINSON COLLECTOR 71 3 1,580 37 6,496 957500 2019 ULTRATHIN TIGER WILKINSON CARROLLLN COLLECTOR 71 3 1,000 37 4,111 971900 2019 ULTRATHIN TROJAN CASTENON WATERFALL COLLECTOR 65 3 550 42 2,567 972000 2019 ULTRATHIN TROJAN WATERFALL BALSAM COLLECTOR 65 3 125 42 583 972100 2019 ULTRATHIN TROJAN BALSAM LAUREN DR COLLECTOR 65 3 265 42 1,237 972200 2019 ULTRATHIN TROJAN LAUREN DR GREENWOOD COLLECTOR 65 3 390 42 1,820 STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 5700 2019 5800 2019 OVERLAY ADMIRAL OVERLAY ADMIRAL PADRE ISLAND DR MELODY LN MELODY LN MIRROR 5900 2019 OVERLAY ADMIRAL MIRROR LAKESIDE LOCAL 56 LOCAL 56 LOCAL 56 4 405 19 855 4 200 19 422 4 475 19 1,003 41800 2019 ULTRATHIN AQUARIUS SKYSAIL ST LANYARD COLLECTOR 70 4 1,050 36 4,200 41900 2019 ULTRATHIN AQUARIUS LANYARD TOPSAIL COLLECTOR 74 4 350 36 1,400 144400 2019 OVERLAY BURR WHITAKER SHEPARD LOCAL 63 4 290 24 773 144500 2019 OVERLAY BURR SHEPARD LUCILLE LOCAL 63 4 1,075 26 3,106 185600 2019 OVERLAY CAYO GORDA CUMANA DEAD END S LOCAL 57 4 910 24 2,427 210400 2019 OVERLAY CLARION SUEZ ALEXANDRIA LOCAL 56 4 670 24 1,787 210500 2019 OVERLAY CLARION ALEXANDRIA DELTA LOCAL 56 4 305 24 813 247400 2019 OVERLAY CRESCENT WINSTON MC ARDLE LOCAL 57 4 785 36 3,140 266900 2019 OVERLAY DASMARINAS WHITE CAP BOUNTY LOCAL 57 4 200 24 533 267000 2019 OVERLAY DASMARINAS BOUNTY BARATARIA LOCAL 57 4 890 24 2,373 267104 2019 OVERLAY DASMARINAS BARATARIA DEAD END S LOCAL 57 4 580 24 1,547 284300 2019 OVERLAY ALT DODDRIDGE SANTA FE DELAINE ARTERIAL 84 4 755 48 4,027 284400 2019 OVERLAY ALT DODDRIDGE DELAINE MELDO ARTERIAL 84 4 220 48 1,173 284404 2019 OVERLAY ALT DODDRIDGE MELDO TOPEKA ARTERIAL 84 4 310 48 1,653 284500 2019 OVERLAY ALT DODDRIDGE TOPEKA ALAMEDA S ARTERIAL 84 4 320 48 1,707 294500 2019 OVERLAY DUCAT REALES DEAD END LOCAL 61 4 775 24 2,067 326700 2019 ULTRATHIN EVERHART CENTER DR ESTATE ARTERIAL 65 4 285 28 887 326800 2019 ULTRATHIN EVERHART ESTATE CLINTON ARTERIAL 62 4 250 28 778 343800 2019 ULTRATHIN FLOUR BLUFF YORKTOWN BLVD RAMFIELD ARTERIAL 68 4 2,640 23 6,747 344500 2019 ULTRATHIN ALT FLOUR BLUFF GRAHAM COMPTON ARTERIAL 84 4 1,040 64 7,396 344504 2019 ULTRATHIN ALT FLOUR BLUFF COMPTON PADRE ISLAND DR ARTERIAL 84 4 1,305 64 9,280 364600 2019 OVERLAY GERTRUDE MATLOCK MILITARY LOCAL 57 4 470 18 940 369600 2019 OVERLAY GLENOAK WALDRON RD TULANE COLLECTOR 69 4 1,460 22 3,569 369700 2019 OVERLAY GLENOAK TULANE MEADOWOOD COLLECTOR 69 4 325 22 794 369800 2019 OVERLAY GLENOAK MEADOWOOD DEBRA LN COLLECTOR 69 4 865 22 2,114 407500 2019 OVERLAY HANDOVER GREELY ALAMEDA S LOCAL 58 4 1,200 26 3,467 456400 2019 OVERLAY ISABELLA WHITE CAP BLVD CATAMARAN LOCAL 64 4 175 24 467 456500 2019 OVERLAY ISABELLA CATAMARAN DEAD END S LOCAL 64 4 740 24 1,973 459000 2019 OVERLAY JACKTAR BARATARIA CROSSJACK ST LOCAL 58 4 1,415 24 3,773 467900 2019 OVERLAY JOLLY ROGER AQUARIUS DEAD END W LOCAL 60 4 970 24 2,587 502100 2019 OVERLAY LAKESIDE N A S DR MILITARY LOCAL 59 4 620 20 1,378 502200 2019 OVERLAY LAKESIDE MILITARY PADRE ISLAND DR LOCAL 59 4 700 18 1,400 502300 2019 ULTRATHIN LAKESIDE PADRE ISLAND DR LAKESIDE COLLECTOR 57 4 1,080 20 2,400 558100 2019 OVERLAY LOVEBIRD ORIOLE WAXWING LOCAL 77 4 765 24 2,040 676757 2019 OVERLAY OCEAN COUNTRY CLUB WAVERLY ARTERIAL 58 4 870 30 2,900 676830 2019 OVERLAY OCEAN WAVERLY GLENMORE ARTERIAL 58 4 675 30 2,250 676867 2019 OVERLAY OCEAN GLENMORE CLAREMORE ARTERIAL 58 4 660 30 2,200 676904 2019 OVERLAY OCEAN CLAREMORE PALMETTO ARTERIAL 58 4 665 30 2,217 676940 2019 OVERLAY OCEAN PALMETTO POENISCH ARTERIAL 58 4 845 30 2,817 678996 2019 OVERLAY OCEAN COUNTRY CLUB WAVERLY ARTERIAL 58 4 875 30 2,917 679069 2019 OVERLAY OCEAN WAVERLY GLENMORE ARTERIAL 58 4 675 30 2,250 679106 2019 OVERLAY OCEAN GLENMORE CLAREMORE ARTERIAL 58 4 660 30 2,200 679142 2019 OVERLAY OCEAN CLAREMORE PALMETTO ARTERIAL 58 4 665 30 2,217 679179 2019 OVERLAY OCEAN PALMETTO POENISCH ARTERIAL 58 4 845 30 2,817 722547 2019 OVERLAY PAUL JONES HOLLY MOFFETT COLLECTOR 79 4 1,030 25 2,861 723100 2019 OVERLAY PAUL JONES MOFFETT SIMS COLLECTOR 79 4 400 24 1,067 723200 2019 OVERLAY PAUL JONES SIMS VETTERS COLLECTOR 79 4 510 24 1,360 939600 2019 OVERLAY SWORDFISH CABANA E COMMODORES LOCAL 56 4 425 24 1,133 993700 2019 OVERLAY VEGA JAMAICA CHARLOTTE LOCAL 56 4 770 24 2,053 1008300 2019 ULTRATHIN WALDRON PADRE ISLAND DR COMPTON-KNICKERBOCKER ARTERIAL 74 4 385 58 2,481 1057504 2019 ULTRATHIN WOOLDRIDGE LAS BRISAS VICTORIA PARK DR COLLECTOR 74 4 2,150 18 4,300 5/16/2019 20F3 2019 SPMP WORK PLAN (YEAR 6) By District STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 057530 2019 ULTRATHIN WOOLDRIDGE VICTORIA PARK D MYSTIC STAR DR ARTERIAL 1057545 2019 ULTRATHIN WOOLDRIDGE MYSTIC STAR DR GOLD STAR ARTERIAL 1057560 2019 ULTRATHIN WOOLDRIDGE GOLD STAR 1065706 2019 ULTRATHIN ALT YORKTOWN 065706 2019 ULTRATH IN ALT YORKTOWN ALISA ANN ALISA ANN QUEBEC DR ARTERIAL WAGNER LEE WAGNER LEE COLLECTOR COLLECTOR 74 74 74 82 82 4 840 18 1,680 4 275 18 550 4 785 18 1,570 4 330 24 880 4 330 24 880 5/16/2019 3 OF 3 STR ID YEAR WORK PLAN STREET FROM TO STAPLES S MPC LOCAL W PCI DISTRICT LENGTH 1,385 WIDTH 36 AREA 5,540 143500 2019 OVERLAY BURNHAM FULWELL 57 5 180100 2019 OVERLAY CASCADE OLYMPIA ST ANDREWS LOCAL 58 5 1,375 26 3,972 329900 2019 ULTRATHIN EVERHART SARATOGA MIDDLECOFF ARTERIAL 75 5 1,150 60 7,667 330000 2019 ULTRATHIN EVERHART MIDDLECOFF EIDER DR ARTERIAL 75 5 260 60 1,733 330100 2019 ULTRATHIN EVERHART EIDER DR GOLDENEYE ARTERIAL 75 5 280 60 1,867 330200 2019 ULTRATHIN EVERHART GOLDENEYE SNOWGOOSE ARTERIAL 75 5 905 60 6,033 330300 2019 ULTRATHIN EVERHART SNOWGOOSE SHADOWBEND ARTERIAL 75 5 780 60 5,200 330400 2019 ULTRATHIN EVERHART SHADOWBEND WILLOWICK ARTERIAL 75 5 425 60 2,833 330402 2019 ULTRATHIN EVERHART WILLOWICK SIERRA BLANCA ARTERIAL 75 5 760 60 5,067 330406 2019 ULTRATHIN EVERHART SIERRA BLANCA CEDAR PASS DR ARTERIAL 75 5 685 60 4,567 435600 2019 ULTRATHIN ALT HOLLY BRAESWOOD ETHERIDGE ARTERIAL 82 5 710 31 2,406 436100 2019 ULTRATH IN ALT HOLLY MALDEN BETTY JEAN/ST ANDREW ARTERIAL 82 5 1,170 31 3,965 485300 2019 OVERLAY KING TRL SOUTH STAPLES KING ACRES LOCAL 66 5 1,460 24 3,893 485400 2019 OVERLAY KING TRL KING ACRES KING LANE LOCAL 66 5 665 24 1,773 552150 2019 OVERLAY LOS ARROYOS LAS MIRAS DR LOS RANCHEROS LOCAL 66 5 1,095 24 2,920 697606 2019 OVERLAY OSO S KING ACRES DR CAPE VISTA DR COLLECTOR 73 5 810 36 3,240 697607 2019 OVERLAY OSO S CAPE VISTA DR LAGO VISTA DR COLLECTOR 73 5 960 36 3,840 799050 2019 OVERLAY ROCK CREST ANVIL LA SALLE LOCAL 60 5 920 24 2,453 851500 2019 OVERLAY SEINE RHINE DEAD END N LOCAL 60 5 405 24 1,080 931800 2019 ULTRATHIN ALT SUN VALLEY CEDAR PASS DR VALLEY CIR COLLECTOR 78 5 235 36 940 931900 2019 ULTRATHIN ALT SUN VALLEY VALLEY CIR VALLEY COVE COLLECTOR 78 5 435 36 1,740 932000 2019 ULTRATH IN ALT SUN VALLEY VALLEY COVE VALLEY CIR COLLECTOR 78 5 550 36 2,200 932100 2019 ULTRATHIN ALT SUN VALLEY VALLEY CIR YORKTOWN COLLECTOR 78 5 340 36 1,360 1036475 2019 OVERLAY WILD OLIVE SOUTH OSO PKWY DEAD END LOCAL 58 5 450 24 1,200 1047100 2019 OVERLAY WINDSONG WOOLDRIDGE RD ROSELAND DR LOCAL 58 5 760 36 3,040 1058100 2019 ULTRATHIN ALT WOOLDRIDGE AIRLINE RD CIMARRON BLVD COLLECTOR 77 5 640 46 3,271 1058100 2019 ULTRATHIN WOOLDRIDGE AIRLINE RD CIMARRON BLVD COLLECTOR 77 5 640 46 3,271 1058150 2019 ULTRATH IN ALT WOOLDRIDGE CIMARRON BLVD FULTON DR COLLECTOR 77 5 530 46 2,709 1058150 2019 ULTRATHIN WOOLDRIDGE CIMARRON BLVD FULTON DR COLLECTOR 77 5 530 46 2,709 1058200 2019 ULTRATHIN ALT WOOLDRIDGE FULTON DR SCABBARD DR COLLECTOR 80 5 275 46 1,406 1058200 2019 ULTRATHIN WOOLDRIDGE FULTON DR SCABBARD DR COLLECTOR 80 5 275 46 1,406 1058230 2019 ULTRATHIN ALT WOOLDRIDGE SCABBARD DR TWINE DR COLLECTOR 80 5 565 46 2,888 1058230 2019 ULTRATHIN WOOLDRIDGE SCABBARD DR TWINE DR COLLECTOR 80 5 565 46 2,888 1058260 2019 ULTRATHIN ALT WOOLDRIDGE TWINE DR SCOTCH MOSS DR COLLECTOR 80 5 180 46 920 1058260 2019 ULTRATHIN WOOLDRIDGE TWINE DR SCOTCH MOSS DR COLLECTOR 80 5 180 46 920 5/16/2019 3 OF 3 CITY SEALCOAT WORK PLAN - 2019 STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 950 960 1000 1300 1304 1400 31850 33201 33203 40850 40852 40853 40854 55050 70650 78200 85525 88210 88221 88222 91350 99600 99725 103600 104802 104804 107200 111450 117850 117852 117854 121710 128900 129000 129100 130250 130252 130254 130256 130258 130260 134300 134650 134651 135600 149900 150100 150200 150204 150300 150304 150400 150600 150700 150800 151650 173303 181200 198600 231500 709800 240200 240300 244550 256750 256753 256756 260850 264200 276000 276100 280500 280600 282590 282600 283900 290000 293750 300450 310600 310700 310800 321000 321100 333650 359900 362800 364700 366325 366327 366329 372550 372552 372554 372556 380850 382406 383750 383754 390600 398200 398300 398301 398302 398303 401000 402900 439400 441000 441004 441100 CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT AARON AARON AARON AARON AARON AARON ALLIER AMANDA AMANDA AQUAMARINE AQUAMARINE AQUAMARINE AQUAMARINE AXIS BASSWOOD BEE MOUNTAIN BESTERIO BIG CYPRESS BAYOU BIG CYPRESS BAYOU BIG CYPRESS BAYOU BLACKBUCK BLUE OAK BLUE SAGE BOCKHOLT BONHAM BONHAM BORN BRAESWOOD BREEDING BREEDING BREEDING BRIDLE BROCKHAMPTON BROCKHAMPTON BROCKHAMPTON BRONX BRONX BRONX BRONX BRONX BRONX BROWNLEE BRUSH CREEK BRUSH CREEK BUCKHORN CALDWELL CALDWELL CALDWELL CALDWELL CALDWELL CALDWELL CALDWELL CALDWELL CALDWELL CALDWELL CALMA CARROLL CASTLE PARK CHERYL CONCORD COOPER L HEAD CORTEZ CORTEZ COVINGTON CROSSING CROSS RIVER CROSS RIVER CROSS RIVER CURTIS CLARK DAISY DEMA DEMA DEWITT DEWITT DIVISION DIVISION DODD DORCHESTER DROVER EAST LAKE ELEVENTH ELEVENTH ELEVENTH ENTERPRIZE ENTERPRIZE FALLOW FURMAN GARDENIA GETHSEMANE GINGUITE GINGUITE GINGUITE GOLD RUSH GOLD RUSH GOLD RUSH GOLD RUSH GRACELAND GRAND CANAL GRAND PARK GRAND PARK GREEN VALLEY GUADALUPE RIVER GUADALUPE RIVER GUADALUPE RIVER GUADALUPE RIVER GUADALUPE RIVER GUNWALE HALA PIT HONEY TRAIL HORNE HORNE HORNE SUMMER WIND BRATTON EAST WIND SUN VALLEY DR EMELIE MERCER BON SOIR DR LIGHT WIND DR COOL WIND CIR AMETHYST DR TOPAZ CT GARNET CT SAPPHIRE CT RETTA BIG CYPRESS DR MOUNTAIN VIEW CHOCTAW BEDROCK BASSWOOD BALLAD TREE RETTA GOLDEN OAK SOUTH OSO PKWY STATE HWY 44 SANTA ANA ST SANTA SOFIA ST SHORELINE S WILLIAMS DR SLOUGH RD KOLDA DR RUSS LN SADDLE LN DONINGTON WATERFORD PASS STONE HENGE ST SPURS NATION EMPIRE STATE CENTRAL PARK WALL BATTERY PARK OLD SQUARE LAREDO QUAIL CREEK DR BOAR THICKET DR IH -37 (LEOPARD/HIGHWAY 9) STAPLES N ALAMEDA N SAM RANKIN SAM RANKIN JOSEPHINE JOSEPHINE MEXICO SPRUCE LUNA LOTUS WHIRLWIND ST CARROLL W WALDRON RD SUNNYBROOK PADRE ISLAND DR SHORELINE N LOU ST LOU ST YORK CROSSING B RED RIVER DR PENTRIDGE DR CHANTILLY DR BRAESWOOD DR JAPONICA TALMADGE HERMINE TALMADGE HERMINE CRESTMONT ORANGE SUNNYBROOK ORLEANS RANCHO VISTA BL SOUTH LAKE DR HANCOCK COLEMAN MORRIS BEAR LANE OPPORTUNITY DR RETTA WATER ST MIMOSA BARNARD DR TRUXTON TILLET AMADAS PIONEER DR NEW PAVEMENT SIR NICKOLAS HERCULES RODD FIELD RD GRAND PARK AVE GLENOAK DR GRAND CANAL DR GREEN TREE WOOD RIVER DR PECOS RIVER WORDWORTH BALLARD TREE WHITMAN CIR AQUARIUS GREENWOOD RED BLUFF DEVON CAMBRIDGE CAMBRIDGE BRATTON EAST WIND WAPENTATE EMELIE MERCER CARMER NARSONNE ST COOL WIND CIR NAUTICAL WIND D TOPAZ CT GARNET CT SAPPHIRE CT AMETRINE DR DEAD END DEAD END RED BLUFF COSTA BONA BASSWOOD BALLAD TREE BALLAD TREE DEAD END DEAD END DEAD END CITY LIMIT LINE SANTA SOFIA ST SANTA LUCIA ST WATER CURTIS CLARK DR KOLDA DR RUSS LN DEAD END (N) DE WATERFORD PASS STONE HENCE ST LIVERPOOL LN EMPIRE STATE CENTRAL PARK WALL BATTERY PARK OLD SQUARE BARRICADE S MUSSETT BOAR THICKET DR TURKEY SPRINGS DR RAILROAD AVE ALAMEDA N SAM RANKIN SAM RANKIN JOSEPHINE JOSEPHINE MEXICO MEXICO LUNA LOTUS NINETEENTH TEMP D E CARROLL E LOMBARDY DEAD END MC ARDLE PARKING LOT LOU ST PINE DEAD END PENTRIDGE DR CHANTILLY DR DEAD END STAPLES REDBUD HERMINE STONE HERMINE STONE ORANGE SENTINAL VIOLA ALHAMBRA LONG S DR SOUTH LAKE DR COLEMAN MORRIS MARY OPPORTUNITY DR FORTUNE DR DEAD END SHORELINE S BUDDY LAWRENCE DEAD END TILLET AMADAS DEAD END S NEW PAVEMENT SIR NICKOLAS HERCULES BEVERLY HILLS ELVIS DR FLOUR BLUFF DR GRAND CANAL DR BARRICADE S DEAD END W PECOS RIVER WORDWORTH BALLARD TREE WHITMAN CIR GERONIMO DEAD END W DEAD END W MOUNTAIN VIEW CAMBRIDGE CAMBRIDGE BRENTWOOD COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR LOCAL LOCAL LOCAL COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR COLLECTOR 79 79 79 79 79 79 82 76 76 80 80 80 80 85 83 73 81 85 85 1 85 1 84 4 85 4 81 5 85 3 95 3 95 3 77 1 84 35 5 5 5 5 5 5 5 5 5 5 5 5 5 4 1 1 3 1 81 81 5 81 5 75 1 80 5 80 5 80 5 81 5 81 5 81 5 81 5 81 5 81 5 81 1 81 5 81 5 78 1 91 1 91 1 91 1 91 1 91 1 91 1 91 1 91 1 91 1 91 1 83 4 83 3 83 4 73 2 81 3 79 1 79 1 79 1 80 5 78 1 78 1 78 1 84 3 1 82 36 36 36 36 36 36 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 20 24 24 35 36 24 24 24 24 36 36 36 40 40 40 40 40 40 37 24 24 24 34 34 34 34 34 34 34 84 4 84 4 83 4 83 4 84 4 84 4 76 2 73 4 81 5 78 5 85 2 85 1 85 1 73 3 73 3 85 4 83 1 81 1 81 5 74 5 74 5 74 5 90 1 90 1 90 1 90 1 67 5 84 4 83 4 83 4 71 3 86 1 86 1 86 1 86 1 86 1 83 4 84 3 1 72 85 2 85 2 85 2 1,467 1,391 4,603 606 1,212 1,302 1,361 762 651 627 667 667 373 933 986 840 3,147 1,253 957 2,853 933 1,240 600 13,720 907 907 1,040 3,684 336 1,238 1,682 1,160 1,802 1,566 1,652 1,141 1,204 1,204 1,204 1,204 3,063 3,700 976 1,597 453 1,369 825 563 732 657 675 694 352 352 231 384 453 1,700 1,960 3,625 2,666 224 976 706 573 584 389 9,980 2,226 581 1,219 516 1,084 855 1,452 2,413 2,240 911 2,320 1,444 972 972 5,123 4,600 933 1,254 2,160 626 549 621 549 1,449 712 699 621 547 4,683 3,001 757 693 2,218 1,015 1,764 775 708 2,320 1,440 1,383 854 546 949 5/16/2019 1 OF 3 CITY SEALCOAT WORK PLAN - 2019 STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 441200 2019 CITY SEALCOAT HORNE BRENTWOOD BRENTWOOD COLLECTOR 85 441204 2019 CITYSEALCOAT HORNE BRENTWOOD VERNER 2 95 COLLECTOR 85 2 245 441300 2019 CITY SEALCOAT HORNE VERNER VERNER COLLECTOR 85 2 45 37 451 37 1,162 37 214 441304 2019 CITYSEALCOAT HORNE VERNER RAMSEY COLLECTOR 85 2 275 37 1,305 445700 2019 CITY SEALCOAT HOUSTON KOSTORYZ CARROLL LN LOCAL 75 2 2635 24 6,132 456800 2019 CITYSEALCOAT ISLANDER SANDY OAKS SANTANA LOCAL 85 4 400 24 1,000 457500 2019 CITY SEALCOAT IVY GOLLIHAR HORNE RD LOCAL 85 2 1290 18 3,294 462200 2019 CITY SEALCOAT JAPONICA UP RIVER RD RED BUD LOCAL 59 450 18 973 462300 2019 CITY SEALCOAT JAPONICA RED BUD DAISY LOCAL 59 515 18 1,113 462400 2019 CITY SEALCOAT JAPONICA DAISY DEAD END S LOCAL 59 190 18 411 464150 2019 CITY SEALCOAT JESSIE JAYE PIONEER DR SIR NICKOLAS LOCAL 85 715 24 1,853 473800 2019 CITY SEALCOAT KENITH CIR STAPLES S LOST CREEK LOCAL 77 5 540 24 1,345 473900 2019 CITY SEALCOAT KENITH CIR LOST CREEK DEAD END W LOCAL 77 5 150 24 373 494300 2019 CITYSEALCOAT LA BRANCH DEAD END W WARPATH LOCAL 76 440 36 1,310 494400 2019 CITY SEALCOAT LA BRANCH WARPATH WILKINS LOCAL 76 880 44 3,202 499930 2019 CITY SEALCOAT LAKE HAWKINS LAKE MEAD DR DEAD END (E) LOCAL 83 215 24 320 500050 2019 CITY SEALCOAT LAKE KEMP LAKE MEAD DR DEAD END (E) LOCAL 83 180 24 266 500630 2019 CITY SEALCOAT LAKE MCQUEENEY LAKE MEAD DR DEAD END (E) LOCAL 85 215 24 320 500660 2019 CITY SEALCOAT LAKE MEAD PERFECTION LAKE AV LAKE HAWKINS CT LOCAL 86 270 36 1,028 500662 2019 CITY SEALCOAT LAKE MEAD LAKE HAWKINS CT LAKE MCQUEENY CT LOCAL 86 270 36 1,028 500664 2019 CITY SEALCOAT LAKE MEAD LAKE MCQUEENY CT LAKE KEMP CT LOCAL 86 310 36 1,180 500666 2019 CITYSEALCOAT LAKE MEAD LAKE KEMP CT WEST RIVER DR LOCAL 86 190 36 723 513062 2019 CITY SEALCOAT LAS BAHIAS LAS MIRAS DR SYDNEY LOCAL 83 5 1080 24 3,202 513087 2019 CITY SEALCOAT LAS MIRAS CT FREDS FOLLY DR LAS BAHIAS DR LOCAL 93 5 250 24 592 513088 2019 CITY SEALCOAT LAS MIRAS CT FREDS FOLLY DR LOS ARROYOS DR LOCAL 93 5 240 24 568 518502 2019 CITY SEALCOAT LAWRENCE STT HEAD SHORELINE N LAWRENCE ST T LOOP E LOCAL 81 870 36 4,910 518504 2019 CITY SEALCOAT LAWRENCE ST T HEAD LAWRENCE ST T LOOP E LAWRENCE ST T LOOP W LOCAL 81 100 36 564 518506 2019 CITY SEALCOAT LAWRENCE STT HEAD LAWRENCE ST T HEAD LAWRENCE ST T HEAD LOCAL 81 1,075 29 4,887 548050 2019 CITY SEALCOAT LOIRE BEAUVAIS DR STRASBOURG DR COLLECTOR 84 5 390 24 1,205 548055 2019 CITYSEALCOAT LOIRE STRASBOURG DR ST DENIS ST COLLECTOR 84 5 275 36 1,275 548060 2019 CITY SEALCOAT LOIRE ST DENIS ST YORKTOWN BLVD COLLECTOR 84 5 685 36 3,176 548065 2019 CITYSEALCOAT LOIRE YORKTOWN BLVD WILDFIRE DR COLLECTOR 84 5 445 24 1,375 548070 2019 CITY SEALCOAT LOIRE WILDFIRE DR PARSLEY CT COLLECTOR 84 5 225 24 695 548075 2019 CITYSEALCOAT LOIRE PARSLEY CT GINGERBERRY DR COLLECTOR 84 5 630 24 1,947 548080 2019 CITY SEALCOAT LOIRE GINGERBERRY DR GINGERBERRY DR COLLECTOR 84 5 150 24 464 548085 2019 CITYSEALCOAT LOIRE GINGERBERRY DR DEAD END (W) COLLECTOR 84 5 130 24 402 548310 2019 CITY SEALCOAT LOLA JOHNSON LAGUNA SHORE JAMAICA DR (EOP) W LOCAL 73 4 1120 18 2,444 549950 2019 CITY SEALCOAT LONG S DROVER BLVD BAR T LOCAL 80 5 860 24 2,000 562300 2019 CITY SEALCOAT MAC ARTHUR NIMITZ HALSEY LOCAL 71 2 240 24 684 562400 2019 CITY SEALCOAT MAC ARTHUR HALSEY DUNBAR LOCAL 71 2 240 24 684 562500 2019 CITY SEALCOAT MAC ARTHUR DUNBAR MONTGOMERY LOCAL 71 2 245 24 698 574000 2019 CITY SEALCOAT MARINE STONE HERMINE LOCAL 83 4 565 19 1,094 574100 2019 CITY SEALCOAT MARINE HERMINE TALMADGE LOCAL 83 4 365 19 706 634100 2019 CITY SEALCOAT McARDLE EVERHART RD WYNONA COLLECTOR 89 2 290 58 1,952 634200 2019 CITY SEALCOAT MCARDLE WYNONA WILLOWBROOK COLLECTOR 89 2 290 58 1,952 634300 2019 CITY SEALCOAT MCARDLE WILLOWBROOK WALTHAM COLLECTOR 89 2 290 58 1,952 634400 2019 CITY SEALCOAT MCARDLE WALTHAM PRINSTON COLLECTOR 89 2 290 58 1,952 634500 2019 CITY SEALCOAT MCARDLE PRINSTON LANSDOWN COLLECTOR 89 2 290 58 1,952 634600 2019 CITY SEALCOAT MCARDLE LANSDOWN WEXFORD COLLECTOR 89 2 290 58 1,952 634700 2019 CITY SEALCOAT MCARDLE WEXFORD ANDOVER COLLECTOR 89 2 290 58 1,952 604050 2019 CITY SEALCOAT MIRIAM VALE COURT EUCALYPTUS DR BOOMERANG LOCAL 95 5 535 24 1,307 628800 2019 CITY SEALCOAT MUSSETT SPRUCE LUNA LOCAL 70 195 24 530 628900 2019 CITY SEALCOAT MUSSETT LUNA LOTUS LOCAL 70 185 24 503 629000 2019 CITYSEALCOAT MUSSETT LOTUS NINETEENTH LOCAL 70 125 24 340 644550 2019 CITY SEALCOAT NACOGDOCHES VINEYARDS DR MADIERA DR LOCAL 83 5 260 24 679 644551 2019 CITY SEALCOAT NACOGDOCHES MADIERA DR PRESIDIO DR LOCAL 83 5 260 24 679 644552 2019 CITY SEALCOAT NACOGDOCHES PRESIDIO DR BODEGA BAY DR LOCAL 83 5 260 24 679 644553 2019 CITYSEALCOAT NACOGDOCHES BODEGA BAY DR SAN BENITO DR LOCAL 83 5 260 24 679 644554 2019 CITY SEALCOAT NACOGDOCHES SAN BENITO DR BROOKE DR LOCAL 83 5 160 24 418 657100 2019 CITYSEALCOAT NIAGARA BURNET TASCO LOCAL 76 2 305 18 788 657200 2019 CITY SEALCOAT NIAGARA TASCO BELTON LOCAL 76 2 665 18 1,718 657300 2019 CITYSEALCOAT NIAGARA BOLIVAR PRESA LOCAL 68 2 240 28 602 657400 2019 CITY SEALCOAT NIAGARA PRESA SOLEDAD LOCAL 68 2 240 28 602 657500 2019 CITYSEALCOAT NIAGARA SOLEDAD NOGALES LOCAL 68 2 240 28 602 657600 2019 CITY SEALCOAT NIAGARA NOGALES GUADALUPE LOCAL 68 2 250 28 627 660700 2019 CITYSEALCOAT NIMITZ EISENHOWER MAC ARTHUR LOCAL 85 2 955 24 2,411 660800 2019 CITY SEALCOAT NIMITZ MAC ARTHUR PORT AVE LOCAL 85 2 180 24 455 674975 2019 CITY SEALCOAT OAK HILL SKY CREST DR OAK DR LOCAL 83 4 200 24 1,187 674980 2019 CITY SEALCOAT OAK HILL OAK DR OAK VALLEY LOCAL 83 4 235 24 1,395 675150 2019 CITY SEALCOAT OAK HOLLOW TURKEY SPRINGS DEAD END (E) LOCAL 83 5 390 24 883 675400 2019 CITY SEALCOAT OAK PARK LEOPARD ST UP RIVER RD LOCAL 83 390 40 2,147 729198 2019 CITY SEALCOAT PEOPLES ST T HEAD PEOPLES T -HEAD PEOPLES T -HEAD LOCAL 85 2,270 29 10,897 729199 2019 CITY SEALCOAT PEOPLES ST T HEAD PEOPLES T -HEAD LOOP SHORELINE N COLLECTOR 85 800 48 6,357 736615 2019 CITY SEALCOAT PINE DALE ANTOINETTE DR SEA OAK DR LOCAL 75 4 165 24 733 736650 2019 CITY SEALCOAT PINEHOLLOW PURDUE RETTA LOCAL 85 4 570 24 1,533 740200 2019 CITY SEALCOAT POPE BRAWNER PKWY HERNDON LOCAL 73 2 365 24 920 763800 2019 CITY SEALCOAT RAILROAD REDBIRD E ELLIFF E LOCAL 89 500 18 1,283 763900 2019 CITY SEALCOAT RAILROAD ELLIFF E BUCKHORN E LOCAL 89 350 18 898 764000 2019 CITY SEALCOAT RAILROAD BUCKHORN E LEOPARD LOCAL 89 450 17 1,090 771500 2019 CITY SEALCOAT RED BLUFF BEE MOUNTAIN MESA DR LOCAL 79 270 24 828 771600 2019 CITY SEALCOAT RED BLUFF MESA DR HONEY TRAIL LOCAL 79 260 24 798 771300 2019 CITY SEALCOAT REDBIRD HIGHWAY 9 RAILROAD AVE COLLECTOR 86 460 19 1,493 771700 2019 CITY SEALCOAT REDBUD DEAD END E DAISY LOCAL 69 215 24 446 771800 2019 CITY SEALCOAT REDBUD DAISY JAPONICA LOCAL 69 685 24 1,420 776800 2019 CITY SEALCOAT REID TEXAN TRAIL GORDON LOCAL 80 2 305 33 1,286 776900 2019 CITY SEALCOAT REID GORDON BOTSFORD LOCAL 80 2 230 33 970 777000 2019 CITY SEALCOAT REID BOTSFORD GLAZEBROOK LOCAL 80 2 310 33 1,307 777002 2019 CITY SEALCOAT REID GLAZEBROOK GLAZEBROOK LOCAL 80 2 100 33 422 777100 2019 CITY SEALCOAT REID GLAZEBROOK ROBINSON LOCAL 80 2 235 33 991 777200 2019 CITY SEALCOAT REID ROBINSON MC CALL LOCAL 80 2 315 33 1,328 777300 2019 CITY SEALCOAT REID MC CALL MC CALL LOCAL 80 2 105 33 443 777305 2019 CITY SEALCOAT REID MC CALL HOFFMAN LOCAL 80 2 195 33 822 777400 2019 CITY SEALCOAT REID HOFFMAN MC CLENDON LOCAL 80 2 305 34 1,325 777500 2019 CITY SEALCOAT REID MC CLENDON VAKY LOCAL 80 2 315 34 1,368 779150 2019 CITY SEALCOAT RESPLANDOR LAS ESTRELLAS BARLOVENTO LOCAL 78 4 650 24 1,653 779750 2019 CITY SEALCOAT RETTA DIVISION AXIS COLLECTOR 85 4 165 24 430 779752 2019 CITY SEALCOAT RETTA AXIS SAMBAR COLLECTOR 85 4 230 24 600 779754 2019 CITY SEALCOAT RETTA SAMBAR BLACKBUCK COLLECTOR 85 4 230 24 600 779756 2019 CITY SEALCOAT RETTA BLACKBUCK FALLOW COLLECTOR 85 4 230 24 600 779758 2019 CITY SEALCOAT RETTA FALLOW PINEHOLLOW COLLECTOR 85 4 280 24 730 779760 2019 CITY SEALCOAT RETTA PINEHOLLOW PURDUE COLLECTOR 85 4 195 24 509 794450 2019 CITY SEALCOAT RIVER WALK TRINTY RIVER MELEX LOCAL 81 520 24 1,276 794460 2019 CITY SEALCOAT RIVER WALK MELEX LOCAL 81 420 24 1,030 796700 2019 CITY SEALCOAT ROBBY KINGSBURY HILL COUNTRY LN LOCAL 63 410 18 937 796705 2019 CITY SEALCOAT ROBBY HILL COUNTRY LN BASKETT LOCAL 63 730 18 1,668 796800 2019 CITY SEALCOAT ROBBY BASKETT PIONEER DR LOCAL 63 1,035 18 2,365 796805 2019 CITY SEALCOAT ROBBY PIONEER DR MOBILE LOCAL 63 515 18 1,177 796900 2019 CITY SEALCOAT ROBBY MOBILE LEOPARD (HVVY 9) LOCAL 63 300 18 686 810500 2019 CITY SEALCOAT ROUNDTREE HIGHWAY 9 DEAD END LOCAL 83 380 18 533 818490 2019 CITY SEALCOAT SAMBAR RETTA DEAD END LOCAL 85 4 420 24 933 827950 2019 CITY SEALCOAT SANTA CRUZ VINEYARD MENDOCINO LOCAL 80 5 905 24 4,141 5/16/2019 2 OF 3 CITY SEALCOAT WORK PLAN - 2019 STR ID YEAR WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH WIDTH AREA 837700 847855 847856 847857 11458 895550 907100 907200 907300 907400 907500 907600 907700 907800 907900 908000 914362 926606 939825 939830 939835 940550 948600 948700 963400 976600 976700 976800 976900 984005 984406 984904 985000 987400 987500 994650 994651 998975 1016950 1045825 1052950 1052952 1052954 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT CITY SEALCOAT SASPAMCO CREEK SEA OAK SEA OAK SEA OAK SOUTHLAKE PARK STAG HILL STARLITE STARLITE STARLITE STARLITE STARLITE STARLITE STARLITE STARLITE STARLITE STARLITE STONEWALL SUNGLO SYDNEY ST SYDNEY ST SYDNEY ST TALDORA ST TEAGUE TEAGUE TOPEKA TWENTIETH TWENTIETH TWENTIETH TWENTIETH UP RIVER UP RIVER UP RIVER UP RIVER VAKY VAKY VENTOSO VENTOSO VILLA CASTELLON WATERFORD DR WINDFILLED WOOD CREEK WOOD CREEK WOOD CREEK PERNITAS CRK MEANDERING OAKS DR PINE DALE DR OAK CREEK COVE OSHMAN QUAIL CREEK DR SUNNY DR EASTWOOD KINGSWOOD WESTWOOD ROCKWOOD GLENWOOD MAYFIELD DOGWOOD LARKWOOD ANNAVILLE RD SHALLOW CREEK DR DON PATRICIO RD GREYSTONE DR GLADSTONE DR BOOMERANG DR GREYSTONE DR WILDCAT DR CATFISH DR DODDRIDGE LAREDO AGNES MARGUERITE MARY CITY LMT (900' E HUNTER) RENFROW CARBON PLANT MC KINZIE SWANTNER REID DR LAS BRISAS ST WHIRLWIND ST DEAD END (S) GRENADE DR WINDHOLLW DR UP RIVER RD CREEK VIEW STONEWALL 1095400 2019 CITY SEALCOAT WOOLUKIDGE N SR FENWAY WILLOW HEIGHTS PINE DALE DR OAK CREEK COVE SHORELINE VISTA DR KOLDA DEAD END EASTWOOD KINGSWOOD WESTWOOD ROCKWOOD GLENWOOD MAYFIELD DOGWOOD LARKWOOD ANNAVILLE RD LEOPARD (HWY 9) WOOD CREEK DR SETH ST GLADSTONE DR BOOMERANG DR LAS BAHIAS EMU DR CATFISH DR CALALLEN DR BRAWNER PKWY AGNES MARGUERITE MARY MORRIS HUNTER RD CLARKWOOD MC KINZIE INTERSTATE 37 REID DR ALAMEDA S WHIRLWIND ST TEMP D E DEAD END (E) DEAD Els,) E) DEAD END CREEK VIEW RD STONEWALL CREEK BOTTOM COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL COLLECTOR COLLECTOR COLLECTOR COLLECTOR LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL ST ANDREWS LOCAL 78 86 86 86 78 80 80 80 80 80 80 80 80 80 80 80 83 84 89 89 89 85 87 87 76 78 78 78 78 80 80 82 82 69 69 88 88 81 80 76 79 79 79 80 745 150 140 320 245 180 335 450 330 340 310 125 190 310 135 1,070 265 170 820 815 265 540 180 1,225 740 330 190 355 360 640 1,170 3,805 1,780 920 700 270 135 660 310 525 700 580 285 24 24 24 24 16 24 35 35 35 35 35 35 35 35 35 35 36 24 36 36 36 24 36 36 26 35 36 24 36 20 20 37 20 24 24 24 24 24 24 24 36 36 36 1,547 446 416 951 389 221 1,396 1,875 1,375 1,417 1,292 521 792 1,292 563 4,459 1,640 427 3,297 3,277 1,066 1,267 744 5,060 2,222 1,139 675 840 1,278 2,037 3,795 15,002 3,794 2,431 1,849 711 356 1,283 560 1,173 2,818 2,335 1,147 1325 18 3,030 5/16/2019 3 OF 3 2019 SPMP Work Plan NUECES BAy Go' Sar P a�C�G\o IST2 Legend CITY SEALCOAT OVERLAY ULTRA-THIN w 1 Niiiitit :.i•, r,C � . lie � Halo Pt% • •Lifilmo SIL` • : ;��'` A ,�� � OLLIH � - `' I) � u A � �L lif _imam N POPE "76114111fiti SalarallOPITIOMPAU �� RE; N Wz°o�p =a.:g8?Y°� •����'�i Infi'tal f la CORPUS CHRISTI BAy DRIVE 0 0 (SH358) 0 0 0 aQ v4 a /^Qo oo W D a 0 z t 0 0 0 o ° q 0 a a 0 O U POR 0 O U Q CCES�2 PORT PA po 0 0 00 pDo v 0 0 Q p 0 O O Th C-"? 0 0 O D 0 0 O 0 v 5<" w u. u. O J 2 1 0 2 4 6 8 Miles THIS DATA WAS COMPILED FROM VARIETY OF SOURCES. THE DATA ACCURACY AND TIMELINES ARE NOT GUARANTEED. VER 4.0 JB 05/16/2019 ESRI STREET PREVENTATIVE MAINTENANCE PROGRAM 73 4/A�L. �. �0 MEN T A Street Preventative Maintenance Program (BPMF) Update & 2019 Work Plan Council Presentation May 21, 2019 Street Improvement Plan (SIP)%N. Street Preventative Maintenance Program (SPMP) %-L of CORPUS � 41 /41% STREET PREVENTATIV RECONSTRUCTION MAINTENANCE ARTERIALS / COLLECTORS PROGRAM POLICY CONSIDERATION RECONSTRUCTION LOCAL / RESIDENTIAL $15.3 M / Year STREET PREVENTATIVE MAINTENANCE PROGRAM • C1TYO Total Street Network (Total 20M Square Yards) RESIDENTIAL/ LOCAL Fair 17% Poor 51% 2014 Good Poor 32% 21% Good 50% Fair 15% COLLECTOR ARTERIAL Fair 26% Good 53% Poor 35% RESIDENTIAL/ LOCAL Fai 4% Poor 50% Poor Good 17% 36% Good 59% Fai Fair ARTERIAL 20% Good 63% Poor 30% 11% 2019 Total Network -1,205 Miles COLLECTOR o 159 Miles Arterials (13%) o 211 Miles Collectors (18%) o 835 Miles Residential/Locals (69%) Street Condition Assessment & Inventory P.... ➢ Pavement Condition o Micro -PAVER uses 20 pavement distresses in condition surveys: ✓ Alligator cracking, rutting, potholes, block cracking, corrugation, bleeding, raveling, shoving, slippage cracking, joint reflection cracking, depression, edge cracking, bumps & sags, railroad crossing, patching & utility cut patching, swell, weathering, polish aggregate, shoulder drop off, longitudinal & transverse cracking. ➢ Pavement Condition Index (PCI): o PCI's are calculated using: ✓ each of the pavement distresses observed; ✓ density/quantity of each; and ✓ severity level of each. o PCI calculated value: ✓ is a weighted composite index of each pavement distress observed and deduct value for each; and ✓ is used to identify pavement maintenance & rehabilitation treatment candidates (i.e. reconstruction, overlay, seal coat). ➢ Data Collected on a 2 -Year Cycle (TransMap) Standard Pavement Deterioration Curve ➢ Pavements should be managed, not simply maintained. Standard PCI* Rating Scale 100 Good 85 $1 for Satisfactory Rehabilitation Here 70 55 40 25 10 0 Fair Poor Serious Failed Significant Drop in Condition Small % of Pavement Life Will Cost $4 to $5 More 1 1 1 1 1 1 1 1 1 1 I Time * PCI = Pavement Condition Index Chart from NAPA report: A New Transportation Commitment for America (2007) Current Citywide Street Maintenance 4.,,,P i IlriL . SPMP Years 1-5 > Program started in 2014 with the following parameters: PREVENTATIVE MAINTENANCE SPMP (Contracted) OVERLAYS Streets w/ PCI ^' 56 75% of Funding ADA Improvements Performed Year round SEAL COATS Streets w/ PCI — 71 25% of Funding Minimal Curb & Gutter Imp. Subject to weather conditions City Street Operations SEAL COATS Streets w/ PCI — 71 Operating Budget Minimal Curb & Gutter Imp. Subject to weather conditions 5 -Year Summary PERCENT OF STREET NETWORK MAINTAINED (BY CLASS) 2014 (Year 1) 2015 (Year 2) 2016 (Year 3) 2017 (Year 4) 2018 (Year 5) 5 -Year Total Overlay (Contractor) # Streets 58 45 62 40 47 252 Square Yards 289,903 199,949 303,170 263,961 238,965 1,295,948 Miles 17 14 22 14 14 81 Seal (Contractor) # Streets 84 53 96 39 39 311 Square Yards 430,775 216,280 332,007 202,636 238,217 1,419,915 Miles 26 15 24 17 11 93 Seal (City) # Streets 64 52 85 68 77 346 Square Yards 350,028 274,331 353,045 290,350 365,488 1,633,242 Miles 21 19 25 20 20 105 Total # Streets 206 150 243 147 163 852 Square Yards 1,070,706 690,560 988,222 756,947 842,670 4,122,298 Miles 64 48 71 51 45 272 PERCENT OF STREET NETWORK MAINTAINED (BY CLASS) Arterials Collectors Residential Total Network Over 5 Years: 26% 24% 17% 20% Current Status Work Plan % Completion Program Year 2014-2016 Overlay (Contract) 100% 100% Seal (Contract) 31% 100% 42% 0% Seal (City Ops) 100% 100% 100% SPMP Lessons Learned > Seal Coats Problematic on High Volume Roads (Arterials & Collectors) ✓ Increased traffic loads, vehicle speeds, & turning motions loosen aggregate o Reduces Seal's Performance (skid resistance & longevity) o Creates Potential Windshield Hazards ✓ Inconsistent Results & Success with CONTRACTED Seals ✓ Exceptionally Sensitive to Application o Rates (aggregate & emulsion), o Weather, o Existing Pavement Condition, etc. ✓ Lifecycle 6-8 years, Potentially Reduced o Construction Quality & Aggregate Losses Recommended Program Changes 111 ➢ Arterials Streets ✓ Overlay (Contracted) ✓ Ultra -Thin Bonded Wearing Coarse (Contracted) ✓ No Seal Coats ➢ Collector Streets ✓ Overlay (Contracted) ✓ Ultra -Thin Bonded Wearing Course (Contracted) ✓ No Seal Coats ➢ Residential/ Local Streets ✓ Overlay (Contracted) ✓ Seal Coat - In House City Operation (No Contracted) ✓ No Ultra Thin Seal Coat vs. Ultra -Thin Bonded Wearing Coarse Comparison COMPARISON FACTORS SEAL COAT ULTRA-THIN Lifecycle 6 - 8 years 7 - 10 years Cost $18/SY $25/SY 30 -Yr Lifecycle Cost $27,600,000 $29,000,000 Ride Quality Low High Loose Rock/Dust High Low Project Length Unrestricted Lengths Requires minimum 500LF (not practical for residential sections) 11 Pavement Treatment 30 -Year Lifecycle Year 0 0 z c 0 0_ 7 c 1 a) Lifecycle for Arterials & Collectors 14 21 0 ro v c 1 v 30 uo!1JflJ suoJ Year 0 Treatment Lifecycle for Residential 14 21 30 A / (D SD n 0 a) 0 fD CU 0 n 0 a) rt uopmTsuo: Treatment Pavement Treatment By PAVEMENT CONDITION INDEX CURRENT PROGRAM 0 Residential, Collectors & Arterials 55 70 Reconstruction/Rehab Overlay Seal Coat 100 PROPOSED Residential 0 55 70 100 Reconstruction/Rehab Overlay Seal Coat Arterials & Collectors 1 55 65 100 H 1- Reconstruction/Rehab Target PCI Range Overlay Ultra -Thin 13 Proposed Citywide Street Maintenance OVERLAYS 60% of Funding SPMP Budget CONTRACTED CITY STF SE/ 30% of Funding 10% of Funding ULTRA-THIN Operating Budget ;EET OPERATIONS ►L COATS Operating Budget Streets w/ PCI ^' 56 Streets w/ PCI "' 65 Streets w/ PCI ' 71 ADA Improvements Minimal Curb & Gutter Imp. Minimal Curb & Gutter Imp. Performed Year round Limited impact by weather Sensitive to weather conditions 1-Y" to 2" Thick 'A" to %" Thick %" Thick Avg - $50/SY Avg - $25/SY Avg - $18/SY ➢ Arterials treated with Overlay or Ultra -Thin (contract) ➢ Collectors treated with Overlay or Ultra -Thin (contract) > Residential/ Locals treated with Overlay (contract) or In -House Seal Coat Summary of Program Changes g g11.*1 Benefits ➢ Discontinue CONTRACTED Seal Coat Treatment on Arterial/ Collectors ➢ Addition of Ultra -Thin Treatment on Arterials & Collectors ✓ More substantial treatment on high volume streets ✓ Increased ride quality & performance (skid resistance & longevity, road noise) ✓ Reduced dust & loose rock (aggregate) ✓ Extended maintenance cycle (7-10 years) ✓ Reduced schedule impacts due to weather ✓ Does not trigger ADA (concrete work) ➢ Discontinue Contract Seal Coat Treatment ✓ City Street Ops Perform all Seal Coats on Residential/ Local Streets ➢ Maintains SYs of pavement preservation 15 Plan to Complete 2017 & 2018 Remaining Work Plans Program Year 2014-2016 Overlay (contract) 100% 100% Seal Coat (Contract) 31%* 100% 42%* 0%** Seal Coat (City Ops) 100% 100% 100% * To be completed by existing contracts **Residential streets will be seals completed by Street Operations; Arterials & Collectors will be contracted Ultra -Thin 2019 (Year 6) SPMP Work Plan SPMP Street Selection Criteria 1. Work based on Pavement Condition Index (PCI) scores: ✓ Approximately - 56 for Overlays, 65 for Ultra -Thin, & 71 for Seal Coats ✓ Prioritize streets closest to: 56 for Overlays, 65 for Ultra -Thin and 71 for Seal Coats 2. Work Distributed by District based on Capital Assets needing Maintenance (% of Network) 3. Work Distribute by Street Classification (Residential, Collectors & Arterials) based on Capital Assets (% of Network) 4. Coordinate work for Residential by Neighborhood and initial subdivision construction dates 5. Distribute work by percentage of Overlay, Ultra -Thin and Seal Coats 6. Prioritize by traffic loads causing potential premature failure of roadway 2019 (Year 6) Work Plan Target kj Need by District Need by Road Classification Work Plan by District Dist. 5 1111 44418% • Dist. 1 31% Dist. 2 16% Work Plan by Road Class Target percentages based on Square Yards of Pavement in each District/Category relative to the total City System. 19 Proposed 2019 (Year 6) SPMP Work Plan - $15.3 M / Year um - Streets Maintained Overlays 51 SYs 207,431 Linear Miles % Arterial % Collector % Residential/Local 12 Ultra -Thin 20 Street Ops Seals 123 207,667 406,792 8 24 20% 82% 0% 18% 0% 62% 0% 100% 18% Total 194 821,890 44 20 6 -Year Program Summary with Recommended Changes PERCENT OF STREET NETWORK MAINTAINED (BY CLASS) 2014 2015 2016 2017 2018 2019 6 -Year Total (Year 1) (Year 2) (Year 3) (Year 4) (Year 5) (Year 6)* Overlay # Streets 58 45 62 40 47 51 303 (Contractor) Square Yards 289,903 199,949 303,170 263,961 238,965 207,431 1,503,379 Miles 17 14 22 14 14 12 93 Seal # Streets 84 53 96 39 39 0 311 (Contractor) Square Yards 430,775 216,280 332,007 202,636 238,217 0 1,419,915 Miles 26 15 24 17 11 0 93 Ultra -Thin # Streets 20 20 (Contractor) Square Yards 207,667 207,667 Miles 8 8 Seal #Streets 64 52 85 68 77 123 ** 469 (City) Square Yards 350,028 274,331 353,045 290,350 365,488 406,792 ** 2,040,034 Miles 21 19 25 20 20 24 ** 129 Total # Streets 206 150 243 147 163 194 1,103 Square Yards 1,070,706 690,560 988,222 756,947 842,670 821,890 5,170,995 Miles 64 48 71 51 45 44 323 PERCENT OF STREET NETWORK MAINTAINED (BY CLASS) Arterials Collectors Residential Total Network Over 6 Years: 31% 29% 20% 24% * Additional funds added from Bond ADA funds ** Includes Residential/Local Seal Coats (120k SY) funded from SPMP, to be done by Street Operations Next Steps > Approve 2019 Work Plan (Resolution — This Item) > Approve AE Contract Amendment (Separate Item) ✓ For Delivery Order Development 22 SPMP Program Status Website for Program status reports: https://www.cctexas.comistreet-project-status Coffpus Chrktl 00.141.4 IOW Mia WIRE., veaircr alvin.SUPINcree Street Project Status Updates co..1 3 va., mon maCrorreer P9.01.1#.91,1 Ae.1 ..11.1* 1....11.A.1.10,1,1131,111 Go In he Jrxeradua Map h ion,. unen,rung wide., fa Els BF.VP, lorallam ea,. lotoract..3.1. 0.n May tar pwpwrier,orlt to.N. end ncludes fry [mut, not. ADA rairp mpraeirenis olized tone War ESE 8.1 a{olittba is rant.. sony•Fcc and A. pcIkrirod Ge.ly rlean9 11131 .3... NO ed sang mc moor mans .Cr VrtrOn.,nrysrlsmounwroursigo toss mire. Sasism,r vansi T., co.., [4. .na R ran is acy.100. , I rik11.8,V0 lap undolod woold, 1E111 CityidvActebvt gnprcrvement Prtiecta 41121=EIMI 1,1 P Citywide Active Street c4 -Me fitys 6vali narenaornern G 49 9, 0,0 23 Questions? STREET"• Ifl. Op PREVENTATI �p O RINTENRNCE �'AG I x H Extending the life of our streets. yi 73 VIL HENT &• 24 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 21, 2019 Action Item for the City Council Meeting of June 11, 2019 DATE: TO: Peter Zanoni, City Manager May 15, 2019 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 Professional Services Contract Amendment Street Preventative Maintenance Program (SPMP) FY 2019 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the professional services contract with J. Schwarz & Associates, Inc. of Corpus Christi, Texas in the amount of $846,500 for a restated fee not to exceed $874,250 for continued implementation of the 2019 Citywide Street Preventative Maintenance Program (SPMP). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Amendment to the professional services contract with J. Schwarz & Associates, Inc. for preparation of Delivery Orders (DOs) for the SPMP 2019 Work Plan. BACKGROUND AND FINDINGS: This project is a continuation of the City Council approved Street Preventative Maintenance Program (SPMP) funded in part by the Street Maintenance Fee (SMF). The initial contract for $27,750 provided for development of contract documents to acquire new Contractor(s) for SPMP FY 2019 Overlays and Ultra -Thin Bonded Wearing Course. Project No: 18135A 1 MA/LH Legistar No.: 19-0718 Rev. 6 — 5/16/2019 This item provides the engineering contract Amendment for preparation of Delivery Orders (DOs) for the 2019 Work Plan. To date, over 700 streets have received seal coats or overlays. A program update is planned for presentation to City Council in conjunction with the 2019 Work Plan. Ultra -Thin Bonded Wearing Course treatment will replace Contractor seal coats on Arterials and Collectors to provide a more substantial treatment on higher volume streets to increase the ride quality & performance, reduce dust and loose rock, and extend the maintenance cycle. City street crews will continue to seal coat residential/local streets. This contract Amendment provides for engineering, site investigations, and preparation of DOs for the 2019 program for both overlays and ultra-thin bonded wearing course treatments for selected arterial, collector and local (residential) streets on a fixed fee basis. Work includes preparation of multiple DOs for over 150 streets. The consultant engineer must conduct multiple site visits and meetings with both the City and contractors to develop detailed site-specific scope and quantities for each street within each DO. The contractor's bid prices will be used for each item. Each DO requires the following minimum documentation: 1. Short narrative of expected work for each street 2. Detailed listing of included streets with specific construction activities for each street; including: a. Pavement surface treatment type and quantities b. Base and subgrade repairs with type and quantities c. Curb & gutter repair/replacement d. Driveway, sidewalk and ADA ramp upgrades e. Utility adjustments for valve boxes, manholes, etc. f. Other miscellaneous features of work as required (signs, tree removal, etc.) 3. Specific cost data utilizing unit bid prices for construction activities by street 4. Aerial photo plans, depicting limits of construction, areas of pavement repair, and any items required that are included in unit price bids 5. Any additional information that may assist the Contractor during construction ALTERNATIVES: 1. Authorize execution of engineering design contract. (Recommended) 2. Do not authorize execution of engineering design contract. (Not recommended) OTHER CONSIDERATIONS: J. Schwarz, Inc. is the design engineer selected in February 2019 for this project under RFQ 2018-10 posted in November 2018. CONFORMITY TO CITY POLICY: This contract complies with City policy regarding Professional Service Contracts and financial policies. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Project No: 18135A 2 MA/LH Legistar No.: 19-0718 Rev. 6 — 5/16/2019 FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures Current Year Future Years TOTALS Budget 20,700,000 20,700,000 Encumbered / Expended Amount 77,750 77,750 This item 846,500 846,500 Future Anticipated Expenditures This Project 18,719,920 18,719,920 BALANCE 1,055,830 1,055,830 Fund(s): Streets Operational Fund 1041-051; Street GO Bond 16 3554-051 Comments: N/A RECOMMENDATION: City staff recommends approval of the professional services contract amendment in the amount of $846,500 for 2019 Street Preventative Maintenance Program. LIST OF SUPPORTING DOCUMENTS: Project Budget Presentation Engineering Design Contract Project No: 18135A 3 MA/LH Legistar No.: 19-0718 Rev. 6 — 5/16/2019 PROJECT BUDGET ESTIMATE STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT FUNDS AVAILABLE: Street Operating Budget FY 2019 $ 15,300,000 SPMP (FY 2018 Contract Seal Coat funding) 4,000,000 ADA Funding (Bond) 1,400,000 $ 20,700,000 FUNDS REQUIRED: Construction Fees. 17,324,000 Construction Ultra -Thin Bonded Course 8,102,000 Construction Overlay 8,102,000 ADA Overlays Only 1,120,000 Contingency (0%) Testing and Inspection Fees. 519,720 Construction Materials Testing (Estimate) 173,240 Construction Inspection (Estimate) 346,480 Design Fees. 924,250 A/E Amendment No. 1 (J.Schwarz & Assoc)....THIS ITEM 846,500 A/E Agreement (J.Schwarz & Associates) 27,750 Geotechnical Investigations 50,000 Reimbursement Fees' 876,200 Contract Administration (Engineering/Finance/Capital Budget) 346,480 Engineering Services (Project Mgt/Constr Mgt) 519,720 Misc. (Printing, Advertising, etc.) 10,000 TOTAL 19,644,170 ESTIMATED PROJECT BUDGET BALANCE $ 1,055,830 * To be used by Street Operations for Residential Seal Coats for FY 2018 and FY 2019 (approx. 120,000 SY/year - for a total of 240,000 SY) Corpus Chr sti Engineering Street Preventative Maintenance Program (BPMF) FY 2019 Professional Services Contract Council Presentation May 21, 2019 Project Scope FY 2019 Program Year 6 Corpus Chr sti Engineering ➢ Initial Professional Services Contract ($27,750) ✓ Develop Ultra -Thin Bonded Wearing Course Specification ✓ Develop Contract Documents to bid for new Contractor(s) ✓ Anticipated Advertise To Bid - June 2019 • Contract for Overlay • Contract for Ultra -Thin ➢ Amendment No. 1 - Work Plan Implementation (THIS ITEM) ✓ Prepare Delivery Orders (DO's): • Arterials, Collectors, and Residential/Locals • Issue DO's for Overlays and Ultra -Thin ✓ Perform construction administration phase services Project Schedule Corpus Chr'sti Engineering 2019 2020 J J A s Bid / Delivery Order Preparation O N D J F M A M J J A s ..= Construction Projected schedule reflects City Council award in June 2019 with construction completion in September 2020 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and J. Schwarz & Associates, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Street Preventative Maintenance Program (SPMP) FY 2019 Overlays (Project No. 18135A): Original Contract March 8, 2019 Administrative Approval $27,750.00 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Article III Compensation shall be amended based on the modified scope of services in the attached Amendment No. 1, Exhibit "A" for a fee not to exceed $846,500, for a total restated fee not to exceed $874,250. All other terms and conditions of the March 8, 2019 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI Jeff H. Edmonds, P. E., Date Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney ATTEST Date City Secretary Date Accounting Unit 1041-12415-051 Account 530000 Activity 18135 -A -1041 -EXP Fund Name Street Department J. SCHWARZ & ASSOCIATES, INC. Digitally signed by James Schwarz, P.E. Date: 2019.05.14 16:30:48 -05'00' James Schwarz, P.E. Project Engineer P. O. Box 60733 Corpus Christi, TX 78466 (361) 906-2430 jjs@jsatx.com Date May 10, 2019 J. H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 J. Schwarz & Associates, Inc. P.O. Box 60733 Corpus Christi, TX 78466 361.906.2430 www.JSATX.com Re: Amendment No. 1: City of Corpus Christi Project # 18135A - Street Preventative Maintenance Program Mr. Edmonds: J. Schwarz & Associates, Inc. (JSA) is pleased to offer the following proposal for professional engineering services to the City of Corpus Christi (City). The following outlines the anticipated project scope, deliverables, and fees: Original Project Scope of Services: JSA proposes to provide professional engineering services in support of the City's Street Preventative Maintenance Program (SPMP). The contract scope will include the following: • Development of bid documents for the SPMP Project # 18135A. • Development of a technical specification for Ultra -Thin Bonded Wear Course (UTBWC) to be utilized by the program in lieu of seal coats. • Bid phase services to assist the City in evaluating and determining a contractor for the project. • Preliminary engineering services to evaluate approximately 3 street segments with development of sample plan sheets. Amendment No. 1 Project Scope of Services: This amendment includes the preparation and development of ten (10) Delivery Orders — (5 Overlay and 5 UTBWC) for the Street Preventative Maintenance Program for the City of Corpus Christi Fiscal Year 2019. Total construction budget for the FY 2019 SPMP is $6,900,000.00 for Overlay Streets and $6,800,000.00 for the Ultra -Thin Bonded Wear Course Streets. The project professional services will be broken into Design, Construction and Additional Services. Professional Engineering Solutions 1 AMEND. NO. 1 EXHIBIT "A" Page 1 of 5 J. Schwarz & Associates, Inc. 361.906.2430 www.JSATX.com 90% Design Phase JSA will perform the following services as part of the Design Phase: • Attend Project Kick-off Meeting. • Develop engineering schedule with fixed dates assigned to project benchmarks. • Review City furnished geotechnical investigations on proposed streets. • Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. • Field visit each street on master list to perform a cursory review of the street condition. • Verify street maintenance classification of each street on master list. • Develop aerial imagery of each proposed street as required to prepare construction plans. • Prepare base set of plans outlining all sheets, specifications and required details for use in 90% design phase. • Establish and survey ground control points for use in design and construction activities. • Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the delivery orders including permitting, environmental, historical, construction and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as TxDOT, RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. • Perform site visits and field investigations to determine areas requiring pre -paving repairs or modifications, concrete construction or other items contained in the unit bid price contracts. o Provide field markings to identify areas recommended for repair prior to preliminary walk thru. • Prepare 90% delivery orders for issuance to the Contractors. The delivery orders shall incorporate City GIS to allow City staff to load appropriately into data bases. The delivery orders will include: o A short narrative of the expected work for each street. o A complete listing of included streets with pertinent data in tabular form. o Cost data utilizing unit bid price matrix. o Aerial photo plans (11" x 17") depicting limits of construction, areas of pavement repair/replacement, areas of concrete repair/replacement, boring locations and descriptions and any items required that are included in the unit price bids. Typical cross sections (in some areas) as necessary may be required. o Any additional information that may assist the Contractor during construction. • The City staff will: o Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. o Provide the budget for the Project specifying the funds available for the construction contract. o Provide electronic copy of the City's Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. Professional Engineering Solutions 2 AMEND. NO. 1 EXHIBIT "A" Page 2of5 J. Schwarz & Associates, Inc. 361.906.2430 www.JSATX.com 100% Design Phase JSA will perform the following services as part of the 100% Design Phase: • Perform site visit of all streets in each delivery order with City and Contractor to review 90% Design phase construction plans. • Revise delivery order construction plans to account for any changes identified in site visits. • Submit final Delivery Orders to the City for approval and issuance to the Contractor. • Register and pay associated TDLR Fees • Submit and pay associated fees for review of Delivery Orders by a Registered Accessibility Specialist (RAS). Construction Administration Phase JSA will perform the following services as part of the construction administration phase: • Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. • Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. • If requested by the City, review and interpret field and laboratory tests. • Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work. • Provide interpretations and clarifications of the plans, specifications and Delivery Orders for the Contractor and recommendations to the City for minor changes which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the Owner's Authorized Representative. • Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. • Coordinate and pay associates fees for RAS inspection per Delivery Order. • Review Contractor -provided construction "red -line" drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor's red -line drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings will incorporate the Contractor's red -lines and identify all changes made during construction. The Drawing Cover and each sheet will be clearly identified as the Record Drawing and will indicate the basis and date. • When requested by the Owner's Authorized Representative, assist in addressing Request for Information (RFI) submitted by the Contractor. As part of the Construction Administration Phase, the City Staff will: • Prepare applications/estimates for payments to Contractor. • Conduct the final inspection with the Engineer. Professional Engineering Solutions 3 AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 J. Schwarz & Associates, Inc. 361.906.2430 www.JSATX.com Project Schedule: All delivery orders will be completed within 12 months of the issuance of the project Notice to Proceed. A total of ten (10) delivery orders are expected with this project (five (5) Overlay and five (5) UTBWC). Upon issuance of the Notice to Proceed, JSA will provide a formal schedule with fixed dates for project benchmarks to be approved by the City. Project Deliverables: Ten (10) delivery orders construction plans and specifications in English units on 11"X17" true scale. One electronic copy and three physical copies of each delivery order will be provided to the City. Project Fees: Fees for turnkey services will be invoiced per delivery order at a fixed fee of $ 89,100.00 for Overlays and $ 70,200.00 for UTBWC. An additional $ 50,000.00 allowance will be added to the total contract amount for unexpected ADA assistance required to complete the project. These fees will include all engineering design and construction administration, TDLR registration fees, RAS plan review, RAS inspection and control point surveying for the proposed streets. Total project design fee budget is $ 846,500.00. See attached Exhibit A for fee schedule breakdown. Additional Services: Additional services not specifically outlined in the scope of this project shall be completed only with written authorization of the Director of Engineering Services. Fees for these services will be negotiated as required. Examples of services not included in the project scope include but are not limited to the following: permit preparation (other than RAS related permitting), topographical and right-of-way surveying, right-of-way and easement acquisition survey and parcel descriptions, environmental issues, public involvement, subsurface utility investigation, construction observation services, warranty phase and televising utility lines. If you have any questions, please do not hesitate to contact us. We look forward to assisting you on this project. Sincerely, J. Schwarz & Associates, Inc. (F-8138) Digitally signed by James Schwarz, P.E. Date: 2019.05.14 15:39:22 -05'00' James Schwarz, P.E. Project Engineer encl.: D:\JSA\Cityofcorpuschristi\S PMP\Spmplargeproposal.Docx Professional Engineering Solutions 4 AMEND. NO. 1 EXHIBIT "A" Page 4 of 5 J. Schwarz & Associates, Inc. P.O. Box 60733 Corpus Christi, TX 78466 361.906.2430 www.JSATX.com Exhibit A — Street Preventative Maintenance Program — FY 2019 Professional Services Cost Breakdown Overlay Delivery Order 90% Design 100% Design Construction Administration Delivery Order Total Total Overlay Design Costs (5 Delivery Orders) UTBWC Delivery Order $ 73,530.00 $ 8,170.00 $ 7,400.00 $ 89,100.00 $ 445,500.00 90% Design $ 57,850.00 100% Design $ 6,450.00 Construction Administration $ 5,900.00 Delivery Order Total $ 70,200.00 Total UTBWC Design Costs (5 Delivery Orders) $ 351,000.00 Total Project Professional Services Total Overlay Design Costs (5 Delivery Orders) Total UTBWC Design Costs (5 Delivery Orders) Additional ADA Assistance Allowance Project Totals $ 445,500.00 $ 351,000.00 $ 50,000.00 $ 846,500.00 Project Fees: Project fees are lump sum and include all costs associated with completion of the project. These fees include all TDLR registration fees, RAS plan review, RAS site inspection and control point surveying. D:\JSA\Cityofcorpuschristi\SPMP\Exhibit A.Docx Professional Engineering Solutions 1 AMEND. NO. 1 EXHIBIT "A" Page 5 of 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 21, 2019 Action Item for the City Council Meeting of June 11, 2019 DATE: May 21, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Utilities KevinN@cctexas.com (361)-826-1874 Kim Baker, Director of Contracts and Procurement Kimb2@cctexas.com (361)-826-3169 Backflow Preventer Services for Commercial Accounts CAPTION: Motion authorizing six two-year service agreements for non -fire backflow preventer services for commercial accounts with Koetter Fire Protection, Hebert Irrigation, Graf Plumbing, Smart Plumbing, KimJon Backflow Service all of Corpus Christi, Texas, and TD Backflow Services of Orange Grove, Texas for an amount not to exceed $142,800 for each contract; and, one two-year service agreement for fire backflow preventer for commercial accounts with Koetter Fire Protection of Corpus Christi, Texas for an amount not to exceed $142,800, for a combined total amount not to exceed $999,600, each with one two-year option for a total potential multi-year amount not to exceed $1,999,200. PURPOSE: The purpose of this item is to contract with licensed professionals who will bring delinquent backflow -preventers owned by commercial customers into compliance. BACKGROUND AND FINDINGS: Local codes and State laws require that commercial backflow assemblies be tested and serviced annually by a State licensed backflow prevention assembly tester. A backflow prevention device is used to protect potable water supplies from contamination or pollution due to backflow. There are approximately 2,500 commercial customers that own a backflow preventer which are delinquent. These customers have been notified, but no action has been taken by the customer to bring the backflow preventer into compliance. Per City Code 55-37, the City may now inspect, install, repair and/or replace backflow preventers to bring them into compliance, billing the commercial customer for this cost on their utility bill. The Contracts and Procurement Department conducted a Request for Qualifications (RFQ) process to obtain Statements of Qualifications for new contracts. The City received six responsive and responsible Statements of Qualifications for Non -Fire Devices and one Statement of Qualifications for Fire Devices. Staff is recommending all six Contractors for award to have an adequate bench of Contractors to perform the work. The City staff set the contract rates so all contracts pay the same with the exception of the fire devices which are higher. 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 Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $500,000 $1,832,600 $2,332,600 Encumbered / Expended Amount $0 $0 $0 This item $166,600 $1,832,600 $1,999,200 BALANCE $333,400 $0 $333,400 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 4022 Backflow Prevention 31515 Backflow Prevention 041 Distribute Water N/A 530000 Professional Services RECOMMENDATION: Staff recommends approval of the action as presented LIST OF SUPPORTING DOCUMENTS: Service Agreements (six each) For Non - Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing Fee $130 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $87/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (when no work can be performed, or Denied Access) $100 per trip Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 SERVICE AGREEMENT NO. 2236 Backflow Preventer Services for Commercial Accounts - Non Fire Devices THIS Backflow Preventer Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Hebert Irrigation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Preventer Services in response to Request for Bid/Proposal No. 1894 ("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 Backflow Preventer Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 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 one additional 24 -months 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. This Agreement is for an amount not to exceed $142,800.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Fred Pena Department: Utilities Phone:361-857-1808 Email:FredP©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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Fred Pena Title: Engineering Associate Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone:361-857-1808 Fax:361-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Hebert Irrigation Attn: Shawna Holsonback Title: Vice President Address: 2134 Flour Bluff Dr, Corpus Christi, TX 78418 Phone: 361-937-0912 Fax: 361-939-9982 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR Signature:. ,L- 'l .46 Printed Name: hCtL..rK. f4' ( C ; 1 Title:(ji . PrP g.--1(10,14 Date: �- + CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 1894 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The City of Corpus Christi has determined that numerous accounts are past due for Backflow Preventer inspection. Due to the urgency of this situation, the City is taking on the task of getting these inspections performed. The Customer will be back - charged for this necessary service through their utility bill. The Contractors will be assigned a list of accounts monthly. The assemblies may have to be repaired or replaced to pass testing. B. The Contractor shall be assigned a Zone or Zones of Responsibility and shall be responsible for working the list of accounts that are assigned every month for that Zone(s). It is expected for the Contractor to Inspect and Test a minimum of 50 commercial backflow assignments per month, or a minimum of 20 fire line backflow assignments per month, contingent on the availability of accounts assigned that month. C. The Contractor shall provide labor, materials, tools, equipment and transportation necessary to perform the services for all locations. D. Other than to the parties in this contract, the Contractor, its employees and its agents agree not to disclose any information regarding the Owner, location or type of backflow assembly. 1.2 Testing and Repairs A. Prior to Inspecting and Testing the Backflow Preventer, the Contractor shall notify all registered backflow assembly owners on the list provided to make mutually acceptable arrangements with the Owner to inspect and test the backflow assembly. B. The Contractor shall immediately notify the City's Contract Administrator, if the Owner denies access to the property so that further instruction can be provided. If denied, the Contractor shall obtain the contact information from the backflow assembly owner if possible and provide that information to the Contract Administrator upon notification. C. The backflow assembly shall be tested in accordance with TCEQ Chapter 478(6) regulations, the City of Corpus Christi Chapter 14-281 plumbing code requirements, and other applicable state requirements. D. Should the backflow assembly upon inspection be found to be malfunctioning and need to be repaired or replaced, the Contractor shall immediately notify the Owner and the Contract Administrator of the need. If it is not economically feasible to repair the assembly, the assembly shall be replaced. Documentation must be kept that states the reason for the replacement. The repair and/or replacement of the backflow assembly shall be done on the same day. If same day repair/replacement cannot be done, the Contractor shall notify the owner and the Contract Administrator with a schedule to complete the work. Please note that items, such as Page 1 of 3 height requirements for the backflow assembly, are not required to be brought up to code at this time. E. At the end of each month, the Contractor shall provide to the Contract Administrator a list of the assigned projects that were successfully certified and a list of those that are still pending. F. The Contractor shall keep a record of and shall also present to the Contract Administrator 1) List of assigned Backflow Preventers that were not tested, and 2) a list of where the City's database indicated the presence of a backflow assembly, but upon physical inspection, either no backflow assembly was present and is required and/or backflow assembly is required. These two lists shall be sent to the Contract Administrator one day before they present the invoices, to allow time to merge the new delinquent accounts. 1.3 Test and Maintenance Reports A. The Contractor shall file all original Test and Maintenance Reports with the City's Development services Department via Brycer no more than 10 calendar days from the date tested and is responsible for tracking and processing the reports. The Contractor shall be responsible to pay the required cost for the filing fee of each test report. B. For new installed backflow preventer assemblies, a Test and Maintenance report is required to be filed. C. Test and Maintenance report must be filed for assemblies that are removed. There is no filing fee for removals. D. The Contractor shall record and track all inspection on its database and shall notify the City three weeks prior to expiration testing date for the following year. 1.4 Contractor/Technician Qualification A. The Contractor or its Technician must hold a Backflow Preventer Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service Department to test within City limits. C. A copy of the Backflow Preventer Testing License must be provided to the City before commencement of work begins. D. All new installation of backflow devices must be installed by a licensed plumber. 1.5 Compensation A. Payment will be allowed on a time and material basis based on the Attachment A - Schedule of Pricing. B. Prices will remain the same during the initial term period. C. The City of Corpus Christi will allow price escalation of 3% in the schedule of pricing - Attachment A after the initial term period for the remainder of the term. 1.6 Invoicing A. The Contractor's Invoice must contain the following: • Invoice Number Page 2 of 3 • Company Name, Address, Contact Name and Phone Number • Service Agreement Number • Backflow Assembly Service Address, Property Tax ID Number • Customer Name • Date of Service • Serial Number of Backflow Assembly • GPS location of the Backflow Assembly (North & West Coordinates) • Water Meter Number & GPS Location of the Water Meter (North & West Coordinates) • Breakdown of Service performed - Both quantity and itemized cost for each item is required, and the wording for each service performed must be as follows • Inspection & Testing • Normal Repair/Replace Labor Charge • After Hours Repair/Replace Labor Charge • Parts & materials (the reason for the Replacement must be provided) • Trip Charge • Pump out charge • Signature of Contact B. Each month, the Invoice and supporting documentation for each Backflow Preventer shall be presented to the City's Contract Administrator for approval, as follows: I. A hard copy of the Invoice II. Receipts of Parts/Materials, if any III. A copy of the Test and Maintenance Report C. Each invoice will be processed by the Contract Administrator immediately after confirmation is made that the Invoice was filled out correctly, that the supporting documentation paperwork is complete, and that the Test & Maintenance report was filled out correctly, as approved by Development Services. Page 3 of 3 For Non - Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing Fee $130 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $87/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (when no work can be performed, or Denied Access) $100 per trip Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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. Page 1 of 3 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 Page 2 of 3 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty on labor and one-year warranty or manufacturer warranty on new parts and backflow preventer devices. Page 1 of 1 SERVICE AGREEMENT NO. 2237 Backflow Preventer Services for Commercial Accounts - Non Fire Devices THIS Backflow Preventer Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Graf Plumbing, Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Preventer Services in response to Request for Bid/Proposal No. 1894 ("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 Backflow Preventer Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 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 one additional 24 -months 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. This Agreement is for an amount not to exceed $142,800.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Fred Pena Department: Utilities Phone:361-857-1808 Email:FredP©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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Fred Pena Title: Engineering Associate Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone:361-857-1808 Fax:361-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Graf Plumbing, Inc Attn: Jeremy Graf Title: Vice President Address: 5961 LaCosto, Corpus Christi, TX 78414 Phone: 361-994-8418 Fax:361-994-5130 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR Signature: Printed Name �" rQr�- `"'`J Title: Via , t At r Date: 54/C1 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 1894 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The City of Corpus Christi has determined that numerous accounts are past due for Backflow Preventer inspection. Due to the urgency of this situation, the City is taking on the task of getting these inspections performed. The Customer will be back - charged for this necessary service through their utility bill. The Contractors will be assigned a list of accounts monthly. The assemblies may have to be repaired or replaced to pass testing. B. The Contractor shall be assigned a Zone or Zones of Responsibility and shall be responsible for working the list of accounts that are assigned every month for that Zone(s). It is expected for the Contractor to Inspect and Test a minimum of 50 commercial backflow assignments per month, or a minimum of 20 fire line backflow assignments per month, contingent on the availability of accounts assigned that month. C. The Contractor shall provide labor, materials, tools, equipment and transportation necessary to perform the services for all locations. D. Other than to the parties in this contract, the Contractor, its employees and its agents agree not to disclose any information regarding the Owner, location or type of backflow assembly. 1.2 Testing and Repairs A. Prior to Inspecting and Testing the Backflow Preventer, the Contractor shall notify all registered backflow assembly owners on the list provided to make mutually acceptable arrangements with the Owner to inspect and test the backflow assembly. B. The Contractor shall immediately notify the City's Contract Administrator, if the Owner denies access to the property so that further instruction can be provided. If denied, the Contractor shall obtain the contact information from the backflow assembly owner if possible and provide that information to the Contract Administrator upon notification. C. The backflow assembly shall be tested in accordance with TCEQ Chapter 478(6) regulations, the City of Corpus Christi Chapter 14-281 plumbing code requirements, and other applicable state requirements. D. Should the backflow assembly upon inspection be found to be malfunctioning and need to be repaired or replaced, the Contractor shall immediately notify the Owner and the Contract Administrator of the need. If it is not economically feasible to repair the assembly, the assembly shall be replaced. Documentation must be kept that states the reason for the replacement. The repair and/or replacement of the backflow assembly shall be done on the same day. If same day repair/replacement cannot be done, the Contractor shall notify the owner and the Contract Administrator with a schedule to complete the work. Please note that items, such as Page 1 of 3 height requirements for the backflow assembly, are not required to be brought up to code at this time. E. At the end of each month, the Contractor shall provide to the Contract Administrator a list of the assigned projects that were successfully certified and a list of those that are still pending. F. The Contractor shall keep a record of and shall also present to the Contract Administrator 1) List of assigned Backflow Preventers that were not tested, and 2) a list of where the City's database indicated the presence of a backflow assembly, but upon physical inspection, either no backflow assembly was present and is required and/or backflow assembly is required. These two lists shall be sent to the Contract Administrator one day before they present the invoices, to allow time to merge the new delinquent accounts. 1.3 Test and Maintenance Reports A. The Contractor shall file all original Test and Maintenance Reports with the City's Development services Department via Brycer no more than 10 calendar days from the date tested and is responsible for tracking and processing the reports. The Contractor shall be responsible to pay the required cost for the filing fee of each test report. B. For new installed backflow preventer assemblies, a Test and Maintenance report is required to be filed. C. Test and Maintenance report must be filed for assemblies that are removed. There is no filing fee for removals. D. The Contractor shall record and track all inspection on its database and shall notify the City three weeks prior to expiration testing date for the following year. 1.4 Contractor/Technician Qualification A. The Contractor or its Technician must hold a Backflow Preventer Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service Department to test within City limits. C. A copy of the Backflow Preventer Testing License must be provided to the City before commencement of work begins. D. All new installation of backflow devices must be installed by a licensed plumber. 1.5 Compensation A. Payment will be allowed on a time and material basis based on the Attachment A - Schedule of Pricing. B. Prices will remain the same during the initial term period. C. The City of Corpus Christi will allow price escalation of 3% in the schedule of pricing - Attachment A after the initial term period for the remainder of the term. 1.6 Invoicing A. The Contractor's Invoice must contain the following: • Invoice Number Page 2 of 3 • Company Name, Address, Contact Name and Phone Number • Service Agreement Number • Backflow Assembly Service Address, Property Tax ID Number • Customer Name • Date of Service • Serial Number of Backflow Assembly • GPS location of the Backflow Assembly (North & West Coordinates) • Water Meter Number & GPS Location of the Water Meter (North & West Coordinates) • Breakdown of Service performed - Both quantity and itemized cost for each item is required, and the wording for each service performed must be as follows • Inspection & Testing • Normal Repair/Replace Labor Charge • After Hours Repair/Replace Labor Charge • Parts & materials (the reason for the Replacement must be provided) • Trip Charge • Pump out charge • Signature of Contact B. Each month, the Invoice and supporting documentation for each Backflow Preventer shall be presented to the City's Contract Administrator for approval, as follows: I. A hard copy of the Invoice II. Receipts of Parts/Materials, if any III. A copy of the Test and Maintenance Report C. Each invoice will be processed by the Contract Administrator immediately after confirmation is made that the Invoice was filled out correctly, that the supporting documentation paperwork is complete, and that the Test & Maintenance report was filled out correctly, as approved by Development Services. Page 3 of 3 For Non - Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing Fee $130 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $87/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (when no work can be performed, or Denied Access) $100 per trip Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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. Page 1 of 3 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 Page 2 of 3 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty on labor and one-year warranty or manufacturer warranty on new parts and backflow preventer devices. Page 1 of 1 SERVICE AGREEMENT NO. 2238 Backflow Preventer Services for Commercial Accounts - Non Fire Devices THIS Backflow Preventer Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Smart Plumbing ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Preventer Services in response to Request for Bid/Proposal No. 1894 ("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 Backflow Preventer Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 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 one additional 24 -months 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. This Agreement is for an amount not to exceed $142,800.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Fred Pena Department: Utilities Phone:361-857-1808 Email:FredP©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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Fred Pena Title: Engineering Associate Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone:361-857-1808 Fax:361-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Smart Plumbing Attn: Reed Glendenning Title: President Address: P.O Box 81429, Corpus Christi, TX 78468 Phone: 361-993-5039 Fax: 361-993-7838 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR Signature: Printed Name: Title: Date: Collins Ree."Glendenning President 5/2/2019 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 1894 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The City of Corpus Christi has determined that numerous accounts are past due for Backflow Preventer inspection. Due to the urgency of this situation, the City is taking on the task of getting these inspections performed. The Customer will be back - charged for this necessary service through their utility bill. The Contractors will be assigned a list of accounts monthly. The assemblies may have to be repaired or replaced to pass testing. B. The Contractor shall be assigned a Zone or Zones of Responsibility and shall be responsible for working the list of accounts that are assigned every month for that Zone(s). It is expected for the Contractor to Inspect and Test a minimum of 50 commercial backflow assignments per month, or a minimum of 20 fire line backflow assignments per month, contingent on the availability of accounts assigned that month. C. The Contractor shall provide labor, materials, tools, equipment and transportation necessary to perform the services for all locations. D. Other than to the parties in this contract, the Contractor, its employees and its agents agree not to disclose any information regarding the Owner, location or type of backflow assembly. 1.2 Testing and Repairs A. Prior to Inspecting and Testing the Backflow Preventer, the Contractor shall notify all registered backflow assembly owners on the list provided to make mutually acceptable arrangements with the Owner to inspect and test the backflow assembly. B. The Contractor shall immediately notify the City's Contract Administrator, if the Owner denies access to the property so that further instruction can be provided. If denied, the Contractor shall obtain the contact information from the backflow assembly owner if possible and provide that information to the Contract Administrator upon notification. C. The backflow assembly shall be tested in accordance with TCEQ Chapter 478(6) regulations, the City of Corpus Christi Chapter 14-281 plumbing code requirements, and other applicable state requirements. D. Should the backflow assembly upon inspection be found to be malfunctioning and need to be repaired or replaced, the Contractor shall immediately notify the Owner and the Contract Administrator of the need. If it is not economically feasible to repair the assembly, the assembly shall be replaced. Documentation must be kept that states the reason for the replacement. The repair and/or replacement of the backflow assembly shall be done on the same day. If same day repair/replacement cannot be done, the Contractor shall notify the owner and the Contract Administrator with a schedule to complete the work. Please note that items, such as Page 1 of 3 height requirements for the backflow assembly, are not required to be brought up to code at this time. E. At the end of each month, the Contractor shall provide to the Contract Administrator a list of the assigned projects that were successfully certified and a list of those that are still pending. F. The Contractor shall keep a record of and shall also present to the Contract Administrator 1) List of assigned Backflow Preventers that were not tested, and 2) a list of where the City's database indicated the presence of a backflow assembly, but upon physical inspection, either no backflow assembly was present and is required and/or backflow assembly is required. These two lists shall be sent to the Contract Administrator one day before they present the invoices, to allow time to merge the new delinquent accounts. 1.3 Test and Maintenance Reports A. The Contractor shall file all original Test and Maintenance Reports with the City's Development services Department via Brycer no more than 10 calendar days from the date tested and is responsible for tracking and processing the reports. The Contractor shall be responsible to pay the required cost for the filing fee of each test report. B. For new installed backflow preventer assemblies, a Test and Maintenance report is required to be filed. C. Test and Maintenance report must be filed for assemblies that are removed. There is no filing fee for removals. D. The Contractor shall record and track all inspection on its database and shall notify the City three weeks prior to expiration testing date for the following year. 1.4 Contractor/Technician Qualification A. The Contractor or its Technician must hold a Backflow Preventer Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service Department to test within City limits. C. A copy of the Backflow Preventer Testing License must be provided to the City before commencement of work begins. D. All new installation of backflow devices must be installed by a licensed plumber. 1.5 Compensation A. Payment will be allowed on a time and material basis based on the Attachment A - Schedule of Pricing. B. Prices will remain the same during the initial term period. C. The City of Corpus Christi will allow price escalation of 3% in the schedule of pricing - Attachment A after the initial term period for the remainder of the term. 1.6 Invoicing A. The Contractor's Invoice must contain the following: • Invoice Number Page 2 of 3 • Company Name, Address, Contact Name and Phone Number • Service Agreement Number • Backflow Assembly Service Address, Property Tax ID Number • Customer Name • Date of Service • Serial Number of Backflow Assembly • GPS location of the Backflow Assembly (North & West Coordinates) • Water Meter Number & GPS Location of the Water Meter (North & West Coordinates) • Breakdown of Service performed - Both quantity and itemized cost for each item is required, and the wording for each service performed must be as follows • Inspection & Testing • Normal Repair/Replace Labor Charge • After Hours Repair/Replace Labor Charge • Parts & materials (the reason for the Replacement must be provided) • Trip Charge • Pump out charge • Signature of Contact B. Each month, the Invoice and supporting documentation for each Backflow Preventer shall be presented to the City's Contract Administrator for approval, as follows: I. A hard copy of the Invoice II. Receipts of Parts/Materials, if any III. A copy of the Test and Maintenance Report C. Each invoice will be processed by the Contract Administrator immediately after confirmation is made that the Invoice was filled out correctly, that the supporting documentation paperwork is complete, and that the Test & Maintenance report was filled out correctly, as approved by Development Services. Page 3 of 3 For Non - Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing Fee $130 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $87/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (when no work can be performed, or Denied Access) $100 per trip Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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. Page 1 of 3 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 Page 2 of 3 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty on labor and one-year warranty or manufacturer warranty on new parts and backflow preventer devices. Page 1 of 1 SERVICE AGREEMENT NO. 2239 Backflow Preventer Services for Commercial Accounts - Non Fire Devices THIS Backflow Preventer Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and KimJon Backflow Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Preventer Services in response to Request for Bid/Proposal No. 1894 ("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 Backflow Preventer Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 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 one additional 24 -months 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. This Agreement is for an amount not to exceed $142,800.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Fred Pena Department: Utilities Phone:361-857-1808 Email:FredP©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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Fred Pena Title: Engineering Associate Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone:361-857-1808 Fax:361-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: KimJon Backflow Service Attn: James Rutherford Title: Owner Address: 7641 Clearbrook Drive, Corpus Christi, TX 78413 Phone: 361-814-3473 Fax: 361-991-8215 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR/ Signature: Printed Na e: =✓c��75 Title: O6(.41,/ ed-4"-ev:--7C4-g Date: CO .- /My _ p/1. CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 1894 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The City of Corpus Christi has determined that numerous accounts are past due for Backflow Preventer inspection. Due to the urgency of this situation, the City is taking on the task of getting these inspections performed. The Customer will be back - charged for this necessary service through their utility bill. The Contractors will be assigned a list of accounts monthly. The assemblies may have to be repaired or replaced to pass testing. B. The Contractor shall be assigned a Zone or Zones of Responsibility and shall be responsible for working the list of accounts that are assigned every month for that Zone(s). It is expected for the Contractor to Inspect and Test a minimum of 50 commercial backflow assignments per month, or a minimum of 20 fire line backflow assignments per month, contingent on the availability of accounts assigned that month. C. The Contractor shall provide labor, materials, tools, equipment and transportation necessary to perform the services for all locations. D. Other than to the parties in this contract, the Contractor, its employees and its agents agree not to disclose any information regarding the Owner, location or type of backflow assembly. 1.2 Testing and Repairs A. Prior to Inspecting and Testing the Backflow Preventer, the Contractor shall notify all registered backflow assembly owners on the list provided to make mutually acceptable arrangements with the Owner to inspect and test the backflow assembly. B. The Contractor shall immediately notify the City's Contract Administrator, if the Owner denies access to the property so that further instruction can be provided. If denied, the Contractor shall obtain the contact information from the backflow assembly owner if possible and provide that information to the Contract Administrator upon notification. C. The backflow assembly shall be tested in accordance with TCEQ Chapter 478(6) regulations, the City of Corpus Christi Chapter 14-281 plumbing code requirements, and other applicable state requirements. D. Should the backflow assembly upon inspection be found to be malfunctioning and need to be repaired or replaced, the Contractor shall immediately notify the Owner and the Contract Administrator of the need. If it is not economically feasible to repair the assembly, the assembly shall be replaced. Documentation must be kept that states the reason for the replacement. The repair and/or replacement of the backflow assembly shall be done on the same day. If same day repair/replacement cannot be done, the Contractor shall notify the owner and the Contract Administrator with a schedule to complete the work. Please note that items, such as Page 1 of 3 height requirements for the backflow assembly, are not required to be brought up to code at this time. E. At the end of each month, the Contractor shall provide to the Contract Administrator a list of the assigned projects that were successfully certified and a list of those that are still pending. F. The Contractor shall keep a record of and shall also present to the Contract Administrator 1) List of assigned Backflow Preventers that were not tested, and 2) a list of where the City's database indicated the presence of a backflow assembly, but upon physical inspection, either no backflow assembly was present and is required and/or backflow assembly is required. These two lists shall be sent to the Contract Administrator one day before they present the invoices, to allow time to merge the new delinquent accounts. 1.3 Test and Maintenance Reports A. The Contractor shall file all original Test and Maintenance Reports with the City's Development services Department via Brycer no more than 10 calendar days from the date tested and is responsible for tracking and processing the reports. The Contractor shall be responsible to pay the required cost for the filing fee of each test report. B. For new installed backflow preventer assemblies, a Test and Maintenance report is required to be filed. C. Test and Maintenance report must be filed for assemblies that are removed. There is no filing fee for removals. D. The Contractor shall record and track all inspection on its database and shall notify the City three weeks prior to expiration testing date for the following year. 1.4 Contractor/Technician Qualification A. The Contractor or its Technician must hold a Backflow Preventer Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service Department to test within City limits. C. A copy of the Backflow Preventer Testing License must be provided to the City before commencement of work begins. D. All new installation of backflow devices must be installed by a licensed plumber. 1.5 Compensation A. Payment will be allowed on a time and material basis based on the Attachment A - Schedule of Pricing. B. Prices will remain the same during the initial term period. C. The City of Corpus Christi will allow price escalation of 3% in the schedule of pricing - Attachment A after the initial term period for the remainder of the term. 1.6 Invoicing A. The Contractor's Invoice must contain the following: • Invoice Number Page 2 of 3 • Company Name, Address, Contact Name and Phone Number • Service Agreement Number • Backflow Assembly Service Address, Property Tax ID Number • Customer Name • Date of Service • Serial Number of Backflow Assembly • GPS location of the Backflow Assembly (North & West Coordinates) • Water Meter Number & GPS Location of the Water Meter (North & West Coordinates) • Breakdown of Service performed - Both quantity and itemized cost for each item is required, and the wording for each service performed must be as follows • Inspection & Testing • Normal Repair/Replace Labor Charge • After Hours Repair/Replace Labor Charge • Parts & materials (the reason for the Replacement must be provided) • Trip Charge • Pump out charge • Signature of Contact B. Each month, the Invoice and supporting documentation for each Backflow Preventer shall be presented to the City's Contract Administrator for approval, as follows: I. A hard copy of the Invoice II. Receipts of Parts/Materials, if any III. A copy of the Test and Maintenance Report C. Each invoice will be processed by the Contract Administrator immediately after confirmation is made that the Invoice was filled out correctly, that the supporting documentation paperwork is complete, and that the Test & Maintenance report was filled out correctly, as approved by Development Services. Page 3 of 3 For Non - Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing Fee $130 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $87/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (when no work can be performed, or Denied Access) $100 per trip Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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. Page 1 of 3 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 Page 2 of 3 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty on labor and one-year warranty or manufacturer warranty on new parts and backflow preventer devices. Page 1 of 1 SERVICE AGREEMENT NO. 2240 Backflow Preventer Services for Commercial Accounts - Non Fire Devices THIS Backflow Preventer Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and TD Total Backflow Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Preventer Services in response to Request for Bid/Proposal No. 1894 ("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 Backflow Preventer Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 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 one additional 24 -months 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. This Agreement is for an amount not to exceed $142,800.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Fred Pena Department: Utilities Phone:361-857-1808 Email:FredP©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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Fred Pena Title: Engineering Associate Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone:361-857-1808 Fax:361-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: TD Total Backflow Services Attn: Jamie Brammer Title: Owner Address: P.O Box 2622, Orange Grove, TX 78372 Phone: 361-944-8117 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, 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 25_ Entire Agreement. This Aareement constitutes the entire agreement between the parties conce_srma the sublier.::.1 matter of this AgreE.?meni and supersedes all prior negeiotiers, arrangements. agreements arta understandings,. either oral or wOten. between the. parties CONTRACTOR Signature: • , Printed Name; Date: 2, -- - CITY OF CORPUS CHRISTI Kirn Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 6: Bia/Pricing Schedule Attachmenl C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No, 1894 F-xhibit 2: Contractor's Bici/Propo5ar Response SetvCe Acireerrlent Stondord F.70..rn Page 7 of 7 ,ADp-oveci oso Lu!...101 Fotrn 0.:::tober 1 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The City of Corpus Christi has determined that numerous accounts are past due for Backflow Preventer inspection. Due to the urgency of this situation, the City is taking on the task of getting these inspections performed. The Customer will be back - charged for this necessary service through their utility bill. The Contractors will be assigned a list of accounts monthly. The assemblies may have to be repaired or replaced to pass testing. B. The Contractor shall be assigned a Zone or Zones of Responsibility and shall be responsible for working the list of accounts that are assigned every month for that Zone(s). It is expected for the Contractor to Inspect and Test a minimum of 50 commercial backflow assignments per month, or a minimum of 20 fire line backflow assignments per month, contingent on the availability of accounts assigned that month. C. The Contractor shall provide labor, materials, tools, equipment and transportation necessary to perform the services for all locations. D. Other than to the parties in this contract, the Contractor, its employees and its agents agree not to disclose any information regarding the Owner, location or type of backflow assembly. 1.2 Testing and Repairs A. Prior to Inspecting and Testing the Backflow Preventer, the Contractor shall notify all registered backflow assembly owners on the list provided to make mutually acceptable arrangements with the Owner to inspect and test the backflow assembly. B. The Contractor shall immediately notify the City's Contract Administrator, if the Owner denies access to the property so that further instruction can be provided. If denied, the Contractor shall obtain the contact information from the backflow assembly owner if possible and provide that information to the Contract Administrator upon notification. C. The backflow assembly shall be tested in accordance with TCEQ Chapter 478(6) regulations, the City of Corpus Christi Chapter 14-281 plumbing code requirements, and other applicable state requirements. D. Should the backflow assembly upon inspection be found to be malfunctioning and need to be repaired or replaced, the Contractor shall immediately notify the Owner and the Contract Administrator of the need. If it is not economically feasible to repair the assembly, the assembly shall be replaced. Documentation must be kept that states the reason for the replacement. The repair and/or replacement of the backflow assembly shall be done on the same day. If same day repair/replacement cannot be done, the Contractor shall notify the owner and the Contract Administrator with a schedule to complete the work. Please note that items, such as Page 1 of 3 height requirements for the backflow assembly, are not required to be brought up to code at this time. E. At the end of each month, the Contractor shall provide to the Contract Administrator a list of the assigned projects that were successfully certified and a list of those that are still pending. F. The Contractor shall keep a record of and shall also present to the Contract Administrator 1) List of assigned Backflow Preventers that were not tested, and 2) a list of where the City's database indicated the presence of a backflow assembly, but upon physical inspection, either no backflow assembly was present and is required and/or backflow assembly is required. These two lists shall be sent to the Contract Administrator one day before they present the invoices, to allow time to merge the new delinquent accounts. 1.3 Test and Maintenance Reports A. The Contractor shall file all original Test and Maintenance Reports with the City's Development services Department via Brycer no more than 10 calendar days from the date tested and is responsible for tracking and processing the reports. The Contractor shall be responsible to pay the required cost for the filing fee of each test report. B. For new installed backflow preventer assemblies, a Test and Maintenance report is required to be filed. C. Test and Maintenance report must be filed for assemblies that are removed. There is no filing fee for removals. D. The Contractor shall record and track all inspection on its database and shall notify the City three weeks prior to expiration testing date for the following year. 1.4 Contractor/Technician Qualification A. The Contractor or its Technician must hold a Backflow Preventer Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service Department to test within City limits. C. A copy of the Backflow Preventer Testing License must be provided to the City before commencement of work begins. D. All new installation of backflow devices must be installed by a licensed plumber. 1.5 Compensation A. Payment will be allowed on a time and material basis based on the Attachment A - Schedule of Pricing. B. Prices will remain the same during the initial term period. C. The City of Corpus Christi will allow price escalation of 3% in the schedule of pricing - Attachment A after the initial term period for the remainder of the term. 1.6 Invoicing A. The Contractor's Invoice must contain the following: • Invoice Number Page 2 of 3 • Company Name, Address, Contact Name and Phone Number • Service Agreement Number • Backflow Assembly Service Address, Property Tax ID Number • Customer Name • Date of Service • Serial Number of Backflow Assembly • GPS location of the Backflow Assembly (North & West Coordinates) • Water Meter Number & GPS Location of the Water Meter (North & West Coordinates) • Breakdown of Service performed - Both quantity and itemized cost for each item is required, and the wording for each service performed must be as follows • Inspection & Testing • Normal Repair/Replace Labor Charge • After Hours Repair/Replace Labor Charge • Parts & materials (the reason for the Replacement must be provided) • Trip Charge • Pump out charge • Signature of Contact B. Each month, the Invoice and supporting documentation for each Backflow Preventer shall be presented to the City's Contract Administrator for approval, as follows: I. A hard copy of the Invoice II. Receipts of Parts/Materials, if any III. A copy of the Test and Maintenance Report C. Each invoice will be processed by the Contract Administrator immediately after confirmation is made that the Invoice was filled out correctly, that the supporting documentation paperwork is complete, and that the Test & Maintenance report was filled out correctly, as approved by Development Services. Page 3 of 3 For Non - Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing Fee $130 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $87/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (when no work can be performed, or Denied Access) $100 per trip Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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. Page 1 of 3 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 Page 2 of 3 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty on labor and one-year warranty or manufacturer warranty on new parts and backflow preventer devices. Page 1 of 1 SERVICE AGREEMENT NO. 2241 Backflow Preventer Services for Commercial Accounts - Fire Devices THIS Backflow Preventer Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Koetter Fire Protection ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Preventer Services in response to Request for Bid/Proposal No. 1894 ("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 Backflow Preventer Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 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 one additional 24 -months 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. This Agreement is for an amount not to exceed $142,800.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Fred Pena Department: Utilities Phone:361-857-1808 Email:FredP@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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Fred Pena Title: Engineering Associate Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone:361-857-1808 Fax:361-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Koetter Fire Protection Attn: Scot Wallance Title: Service Manager Address: 229 S. Padre Island Drive Phone: 361-814-3473 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, 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR Signature: Printed Name: Title: „C,--e- Date: - Date: _. CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 1894 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The City of Corpus Christi has determined that numerous accounts are past due for Backflow Preventer inspection. Due to the urgency of this situation, the City is taking on the task of getting these inspections performed. The Customer will be back - charged for this necessary service through their utility bill. The Contractors will be assigned a list of accounts monthly. The assemblies may have to be repaired or replaced to pass testing. B. The Contractor shall be assigned a Zone or Zones of Responsibility and shall be responsible for working the list of accounts that are assigned every month for that Zone(s). It is expected for the Contractor to Inspect and Test a minimum of 50 commercial backflow assignments per month, or a minimum of 20 fire line backflow assignments per month, contingent on the availability of accounts assigned that month. C. The Contractor shall provide labor, materials, tools, equipment and transportation necessary to perform the services for all locations. D. Other than to the parties in this contract, the Contractor, its employees and its agents agree not to disclose any information regarding the Owner, location or type of backflow assembly. 1.2 Testing and Repairs A. Prior to Inspecting and Testing the Backflow Preventer, the Contractor shall notify all registered backflow assembly owners on the list provided to make mutually acceptable arrangements with the Owner to inspect and test the backflow assembly. B. The Contractor shall immediately notify the City's Contract Administrator, if the Owner denies access to the property so that further instruction can be provided. If denied, the Contractor shall obtain the contact information from the backflow assembly owner if possible and provide that information to the Contract Administrator upon notification. C. The backflow assembly shall be tested in accordance with TCEQ Chapter 478(6) regulations, the City of Corpus Christi Chapter 14-281 plumbing code requirements, and other applicable state requirements. D. Should the backflow assembly upon inspection be found to be malfunctioning and need to be repaired or replaced, the Contractor shall immediately notify the Owner and the Contract Administrator of the need. If it is not economically feasible to repair the assembly, the assembly shall be replaced. Documentation must be kept that states the reason for the replacement. The repair and/or replacement of the backflow assembly shall be done on the same day. If same day repair/replacement cannot be done, the Contractor shall notify the owner and the Contract Administrator with a schedule to complete the work. Please note that items, such as Page 1 of 3 height requirements for the backflow assembly, are not required to be brought up to code at this time. E. At the end of each month, the Contractor shall provide to the Contract Administrator a list of the assigned projects that were successfully certified and a list of those that are still pending. F. The Contractor shall keep a record of and shall also present to the Contract Administrator 1) List of assigned Backflow Preventers that were not tested, and 2) a list of where the City's database indicated the presence of a backflow assembly, but upon physical inspection, either no backflow assembly was present and is required and/or backflow assembly is required. These two lists shall be sent to the Contract Administrator one day before they present the invoices, to allow time to merge the new delinquent accounts. 1.3 Test and Maintenance Reports A. The Contractor shall file all original Test and Maintenance Reports with the City's Development services Department via Brycer no more than 10 calendar days from the date tested and is responsible for tracking and processing the reports. The Contractor shall be responsible to pay the required cost for the filing fee of each test report. B. For new installed backflow preventer assemblies, a Test and Maintenance report is required to be filed. C. Test and Maintenance report must be filed for assemblies that are removed. There is no filing fee for removals. D. The Contractor shall record and track all inspection on its database and shall notify the City three weeks prior to expiration testing date for the following year. 1.4 Contractor/Technician Qualification A. The Contractor or its Technician must hold a Backflow Preventer Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service Department to test within City limits. C. A copy of the Backflow Preventer Testing License must be provided to the City before commencement of work begins. D. All new installation of backflow devices must be installed by a licensed plumber. 1.5 Compensation A. Payment will be allowed on a time and material basis based on the Attachment A - Schedule of Pricing. B. Prices will remain the same during the initial term period. C. The City of Corpus Christi will allow price escalation of 3% in the schedule of pricing - Attachment A after the initial term period for the remainder of the term. 1.6 Invoicing A. The Contractor's Invoice must contain the following: • Invoice Number Page 2 of 3 • Company Name, Address, Contact Name and Phone Number • Service Agreement Number • Backflow Assembly Service Address, Property Tax ID Number • Customer Name • Date of Service • Serial Number of Backflow Assembly • GPS location of the Backflow Assembly (North & West Coordinates) • Water Meter Number & GPS Location of the Water Meter (North & West Coordinates) • Breakdown of Service performed - Both quantity and itemized cost for each item is required, and the wording for each service performed must be as follows • Inspection & Testing • Normal Repair/Replace Labor Charge • After Hours Repair/Replace Labor Charge • Parts & materials (the reason for the Replacement must be provided) • Trip Charge • Pump out charge • Signature of Contact B. Each month, the Invoice and supporting documentation for each Backflow Preventer shall be presented to the City's Contract Administrator for approval, as follows: I. A hard copy of the Invoice II. Receipts of Parts/Materials, if any III. A copy of the Test and Maintenance Report C. Each invoice will be processed by the Contract Administrator immediately after confirmation is made that the Invoice was filled out correctly, that the supporting documentation paperwork is complete, and that the Test & Maintenance report was filled out correctly, as approved by Development Services. Page 3 of 3 For Fire Devices ATTACHMENT B: Schedule of Pricing Item Rate Inspection & Testing $250 Normal Repair/Replace Labor Rate 4 hrs. max up to 2"; 8 hrs. max greater than 2" $135/hr. Parts/Materials ($8000 for Commercial; $10,000 max for Fire) Cost Plus 15% mark up Trip Charge (When no work can be performed, or Denied Access) $150 per trip Pump -out Charge $100 Wait Charge (when no work can be performed due to City Inspection delay) $125 Note: 1. Overtime will be allowed for work that occurs after 3:30 pm until 7:OOpm at 1.5 times the hourly charge and from 7:OOpm until 7:OOam at 2 times the hourly charge if such overtime is authorized by the Contract Administrator to complete a repair or replacement of a device. 2. Wait charge must be itemized separately on invoice. Page 1 of 1 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence -aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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 11 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. Page 1 of 3 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 Page 2 of 3 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty on labor and one-year warranty or manufacturer warranty on new parts and backflow preventer devices. Page 1 of 1 AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting 5/21/2019 Second Reading Ordinance for the City Council Meeting 6/11/2019 DATE: April 22, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2110 Laguna Shores Road CAPTION: Case No. 0319-02 B&A Terra Firma Development, LLC: Ordinance rezoning property at or near 2110 Laguna Shores Road from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District PURPOSE: The purpose of this item is to allow for the construction of an apartment complex. BACKGROUND AND FINDINGS: The subject property is 15.96 acres in size. The owner is proposing to construct an apartment complex. ALTERNATIVES: 1. Deny the request. 2. Approval of the "RM -2" Multifamily 2 District (Requires 3/4 Vote). OTHER CONSIDERATIONS: The applicant has expressed a desire to amend their rezoning application in order to request the "RS -6" Single -Family 6 District. (Requires % Vote). CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RM -2" Multifamily 2 District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. Vote Results: For: 0 Opposed: 6 Absent: 2 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0319-02 B&A Terra Firma Development, LLC: Ordinance rezoning property at or near 2110 Laguna Shores Road from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of B&A Terra Firma Development, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District and on Tuesday, May 21, 2019, 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 B&A Terra Firma Development, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being a 15.96 acre tract out of Lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin' Hornet Drive, and south of Lola Johnson Road (the "Property"), from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District (Zoning Map No. 035030), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-02 B&A Terra Firma Development, LLC\Council Documents\Ordinance_0319-02 B&A Terra Firma Development, LLC.docx Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 6 Exhibit A LEGAL DESCRIPTION 15.96 ACRD TRACT EXHIBIT "A" BEING a 15.96 acre tract out of 1.ots 9 & 10, Section 54, Flour Bluff & Encino! Farms & Garden Tracts, as recorded in Document No. 2008002431 & Document No. 2005027196, Deed Records, Nueces County Texas, and being more particularly described as follows: BEGINNING at a calculated point, which bears South 28°29'48" Wcst, a distance of'130.00 feet from the northwest corner Lot 69, Lola Johnson Belk Addition, as recorded in Volume 15, Page 19, Map Records of Nueces County, Texas, said calculated point bears North 61°20'31" West, a distance of 79.10 feet from the southeast corner of said Lot 69, Lola Johnson Belk Addition. THENCE South 61°20'31" East, with the north line of the herein described tract, same being the south line of said 1.ola Johnson Belk Addition, a distance of 1089.06 feet to a set 5/8 inch iron rod with red plastic cap stamped "NAISMITH ENO. C.C, TX." (herein after called set iron rod) for the northeast corner of the herein desctibed tract, same being the southeast corner of Lot 49 of said Iola Johnson Belk Addition and being on the west right-of-way line of Laguna Shores Road; THENCE South 28°55'43" Wcst, with the west right-of-way of Laguna Shores Road and the east line of the herein described tract, a distance of 1174.00 feet to a set iron rod for the southeast comer of the herein described tract and the most easterly northeast corner of a 56.659 acre tract as recorded in Document No. 2001054859, Official Public Records, Nueces County, Texas; THENCE North 61°20'31" Wcst, with the most southerly north line of said 56.659 acre tract and the north line of 0.52 acre tract, as described in Document No. 2008006790, Official Public Record% of Nueces County, Texas, a distance of 337.09 feet to a calculated point on the east margin of a salt lake, for the most southerly southwest comer of the herein described tract; THENCE with the meanders of said salt lake, as surveyed on May 14, 2014, the following courses; North 60°58'56" East, a distance of 116.16 feet to a calculated point for a corner of the herein described tract; North 67°00'04" Fast, a distance of 72.31 feet to a calculated point for a comer of the herein described tract; North 66°30'04" East, a distance of 84.92 feet to a calculated point for a comer of the herein described tract; North 38°01'42" East, a distance of 109.20 feet to a calculated point for a comer of the herein described tract; North 24"26'57" East, a distance of 82.79 feet to a calculated point for a corner of the herein described tract; North 11°50'00" East, a distance of 124.64 feet to a calculated point for a corner of the herein described tract; North 13°42'41" West, a distance of 86.45 feet to a calculated point for a corner of the herein described tract; North 31°05'28" West, a distance of 44.52 feet to a calculated point for a corner of the herein described tract; Page 1 of 2 Page 4 of 6 North 36°56'51" West, a distance of 82.56 feet to a calculated point for a corner of the herein described tract; North 10°40'04" West, a distance of 88.22 feet to a calculated point for a comer of thc herein described tract; North 24°43'56" West, a distance of 37.80 feet to a calculated point for a corner of the herein described tract; North 46°58'01" West, a distance of 41.60 feet to a calculated point for a comer of the herein described tract; North 69°39'00" West, a distance of 40.90 feet to a calculated point for a corner of the herein described tract; North 79°42'40" West, a distance of 26.43 feet to a calculated point for a corner of the herein described tract; South 28°35'40" West, a distance of 80.45 feet to a calculated point for a corner of the herein described tract, same being the most southerly corner of 3-1/2 acre tract as described in Document No. 2005027196, Official Public Records, Nueces County, Texas; THENCE North 61°27'40" West, with a southerly line ot'the herein described tract and the southerly line of said 3-1/2 acre tract, a distance of 515.7! feet to a set iron tod for a corner of the herein described tract; THENCE North 28°29'48" East, with the westerly line of the herein described tract and the wcslerly line of said 3-1/2 acre tract, at a distance of 300.00 feet pass a found 3/4 inch rod for the most northerly corner of said 3-1/2 acre tract, continue for a total distance of 516.69 feet to thc POINT OF BEGINNING and containing 15.96 acres of land. NOTE: At.(. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR 1'HE LAMBERT SOUTH ZONE NAD 1983 (CORS201 1) EPOCH 2010. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS FII 100395-00 Date: Ocreb+,r 30, 2014 ‘Eisit T�0 F 7 ♦''�. ei•''�tm �%� Rip •;r s STACEY KING MORA . 6166p::' a supe -4 L Pag: 2 of 2 Page 5 of 6 Exhibit B i' Elis$cccis *Ts cic:'t natl.('ir +IIfe:f t :111 I aI MI putts II a alaaratl,aa r3111i:411'1i 44411 r •1q - • A r v - t •• • `✓'•• • [ t 1 Y --- --�H•L! ��=—_�.--- C `—*—_�.,�_ • 1 ilifi�� II Esu cuts 1 II'El III ;pp �! 1 _I � {i ujruuurgfrrri id t I,, (. t t iitttitiitittitf l ill 01116 i ri a�! 11 iff �[ttlttiiQi,l,.�� it 1Ii i' iror` I I�HIflh11111111 = .iii �! `jrII E tta•s t••4 III ��� ; if r �1 �IlmllhIII'�� i t 111 ill if a� t lit tt ttl s• �l�� t • q �: xis }yxr- t tt• I 1411 {tFt[t i i 1 �{• i �� 1119111P' ���';i �! j ' I101/111I11I11lr 'i� fit: ii,� r'' r 4::• !!!'41-11.11111 ; prr:rsul 1 rs i i Ott l t 11 i. ,t i ,, =t 1 �, 1 1, 1• 1 Narsmt hEngineel1 sero*•. /ue•ty or l.1• •CUII OUT O. IOTI 11 ••. /101/04 I• •1.000 O4U1/ / 4•t1O41. O lO O/COO/OT OO • t OOt•tl/OT OO. 11111 •YNCI •O//•T 'stat Page 6 of 6 Case No. 0319-02 B&A Terra Firma Development, LLC: Ordinance rezoning property at or near 2110 Laguna Shores Road from the "RE" Residential Estate District to the "RS -6" Single -Family 6 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of B&A Terra Firma Development, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District and on Tuesday, May 21, 2019, 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 B&A Terra Firma Development, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being a 15.96 acre tract out of Lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin' Hornet Drive, and south of Lola Johnson Road (the "Property"), from the "RE" Residential Estate District to the "RS -6" Single -Family 6 District (Zoning Map No. 035030), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-02 B&A Terra Firma Development, LLC\Council Documents\Ordinance_0319-02 B&A Terra Firma Development, LLC.docx Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 6 Exhibit A LEGAL DESCRIPTION 15.96 ACRD TRACT EXHIBIT "A" BEING a 15.96 acre tract out of 1.ots 9 & 10, Section 54, Flour Bluff & Encino! Farms & Garden Tracts, as recorded in Document No. 2008002431 & Document No. 2005027196, Deed Records, Nueces County Texas, and being more particularly described as follows: BEGINNING at a calculated point, which bears South 28°29'48" Wcst, a distance of'130.00 feet from the northwest corner Lot 69, Lola Johnson Belk Addition, as recorded in Volume 15, Page 19, Map Records of Nueces County, Texas, said calculated point bears North 61°20'31" West, a distance of 79.10 feet from the southeast corner of said Lot 69, Lola Johnson Belk Addition. THENCE South 61°20'31" East, with the north line of the herein described tract, same being the south line of said 1.ola Johnson Belk Addition, a distance of 1089.06 feet to a set 5/8 inch iron rod with red plastic cap stamped "NAISMITH ENO. C.C, TX." (herein after called set iron rod) for the northeast corner of the herein desctibed tract, same being the southeast corner of Lot 49 of said Iola Johnson Belk Addition and being on the west right-of-way line of Laguna Shores Road; THENCE South 28°55'43" Wcst, with the west right-of-way of Laguna Shores Road and the east line of the herein described tract, a distance of 1174.00 feet to a set iron rod for the southeast comer of the herein described tract and the most easterly northeast corner of a 56.659 acre tract as recorded in Document No. 2001054859, Official Public Records, Nueces County, Texas; THENCE North 61°20'31" Wcst, with the most southerly north line of said 56.659 acre tract and the north line of 0.52 acre tract, as described in Document No. 2008006790, Official Public Record% of Nueces County, Texas, a distance of 337.09 feet to a calculated point on the east margin of a salt lake, for the most southerly southwest comer of the herein described tract; THENCE with the meanders of said salt lake, as surveyed on May 14, 2014, the following courses; North 60°58'56" East, a distance of 116.16 feet to a calculated point for a corner of the herein described tract; North 67°00'04" Fast, a distance of 72.31 feet to a calculated point for a comer of the herein described tract; North 66°30'04" East, a distance of 84.92 feet to a calculated point for a comer of the herein described tract; North 38°01'42" East, a distance of 109.20 feet to a calculated point for a comer of the herein described tract; North 24"26'57" East, a distance of 82.79 feet to a calculated point for a corner of the herein described tract; North 11°50'00" East, a distance of 124.64 feet to a calculated point for a corner of the herein described tract; North 13°42'41" West, a distance of 86.45 feet to a calculated point for a corner of the herein described tract; North 31°05'28" West, a distance of 44.52 feet to a calculated point for a corner of the herein described tract; Page 1 of 2 Page 4 of 6 North 36°56'51" West, a distance of 82.56 feet to a calculated point for a corner of the herein described tract; North 10°40'04" West, a distance of 88.22 feet to a calculated point for a comer of thc herein described tract; North 24°43'56" West, a distance of 37.80 feet to a calculated point for a corner of the herein described tract; North 46°58'01" West, a distance of 41.60 feet to a calculated point for a comer of the herein described tract; North 69°39'00" West, a distance of 40.90 feet to a calculated point for a corner of the herein described tract; North 79°42'40" West, a distance of 26.43 feet to a calculated point for a corner of the herein described tract; South 28°35'40" West, a distance of 80.45 feet to a calculated point for a corner of the herein described tract, same being the most southerly corner of 3-1/2 acre tract as described in Document No. 2005027196, Official Public Records, Nueces County, Texas; THENCE North 61°27'40" West, with a southerly line ot'the herein described tract and the southerly line of said 3-1/2 acre tract, a distance of 515.7! feet to a set iron tod for a corner of the herein described tract; THENCE North 28°29'48" East, with the westerly line of the herein described tract and the wcslerly line of said 3-1/2 acre tract, at a distance of 300.00 feet pass a found 3/4 inch rod for the most northerly corner of said 3-1/2 acre tract, continue for a total distance of 516.69 feet to thc POINT OF BEGINNING and containing 15.96 acres of land. NOTE: At.(. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR 1'HE LAMBERT SOUTH ZONE NAD 1983 (CORS201 1) EPOCH 2010. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS FII 100395-00 Date: Ocreb+,r 30, 2014 ‘Eisit T�0 F 7 ♦''�. ei•''�tm �%� Rip •;r s STACEY KING MORA . 6166p::' a supe -4 L Pag: 2 of 2 Page 5 of 6 Exhibit B i' Elis$cccis *Ts cic:'t natl.('ir +IIfe:f t :111 I aI MI putts II a alaaratl,aa r3111i:411'1i 44411 r •1q - • A r v - t •• • `✓'•• • [ t 1 Y --- --�H•L! ��=—_�.--- C `—*—_�.,�_ • 1 ilifi�� II Esu cuts 1 II'El III ;pp �! 1 _I � {i ujruuurgfrrri id t I,, (. t t iitttitiitittitf l ill 01116 i ri a�! 11 iff �[ttlttiiQi,l,.�� it 1Ii i' iror` I I�HIflh11111111 = .iii �! `jrII E tta•s t••4 III ��� ; if r �1 �IlmllhIII'�� i t 111 ill if a� t lit tt ttl s• �l�� t • q �: xis }yxr- t tt• I 1411 {tFt[t i i 1 �{• i �� 1119111P' ���';i �! j ' I101/111I11I11lr 'i� fit: ii,� r'' r 4::• !!!'41-11.11111 ; prr:rsul 1 rs i i Ott l t 11 i. ,t i ,, =t 1 �, 1 1, 1• 1 Narsmt hEngineel1 sero*•. /ue•ty or l.1• •CUII OUT O. IOTI 11 ••. /101/04 I• •1.000 O4U1/ / 4•t1O41. O lO O/COO/OT OO • t OOt•tl/OT OO. 11111 •YNCI •O//•T 'stat Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0319-02 INFOR No. 19ZN1005 Planning Commission Hearing Date: March 20, 2019 Applicant & Legal Description Owner: B&A Terra Firma Development, LLC. Applicant: Eric Zarghooni Location Address: 2110 Laguna Shores Road Legal Description: Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. Zoning Request From: "RE" Residential Estate District To: "RM -2" Multifamily 2 District Area: 15.96 acres Purpose of Request: To allow for the construction of an apartment complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Low Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "IH" Heavy Industrial and "CR -1" Resort Commercial Vacant Commercial East "CR -1" Resort Commercial and "RS -15" Single -Family 15 Vacant and Low Density Residential Commercial West "CR -1" Resort Commercial, "RM -1" Multifamily 1, and "RS -6" Single -Family 6 Vacant Water and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RM -2" Multifamily 2 District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 035030 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,190 feet of street frontage along Laguna Shores Road which is designated as a "P1" Parkway Collector Street. According to the Urban Transportation Plan, "P1" Parkway Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 a § L O C f Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Laguna Shores Road "P1" Parkway Collector 80' ROW 40' paved 54' ROW 31' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District to allow for the construction of an apartment complex. Development Plan: The subject property is 15.96 acres in size. The owner is proposing an apartment complex. Existing Land Uses & Zoning: The subject property is currently zoned "RE" Residential Estate, consists of vacant land, and has remained undeveloped since annexation in 1962. The subject property was zoned "RE" Residential Estate District in 2006 from the "RS -6" Single -Family 6 District, "CR -1" Resort Commercial District, "RM - 1" Multifamily 1 District, and "IH" Heavy Industrial District. The associated project was a single-family residential subdivision that was never constructed. To the north is a single- family residential subdivision along Lola Johnson Road (Belk Lola Johnson Subdivision) platted in 1953 and zoned "RS -6" Single -Family 6 District. To the south are vacant properties zoned "IH" Heavy Industrial District and "CR -1" Resort Commercial District. To the east are vacant properties, submerged properties, and single-family homes zoned "CR -1" Resort Commercial District. Five properties were recently rezoned to the "RS -15" Single -Family District. To the west are vacant properties zoned and a pond zoned "CR -1" Resort Commercial District, "RM -1" Multifamily 1 District and "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12 -inch ACP Line Wastewater: 16 -inch PVC Force Main located along Laguna Shores Road. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is accessible through Jamaica Drive which connects to a lift station. Gas: 2 -inch Service Line Storm Water: Road side drainage along Laguna Shores Road. Staff Report Page 3 Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RM -2" Multifamily 2 District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Promote interconnected neighborhoods with appropriate transitions between lower - intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium -density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is "RM -2" Single -Family 15 District is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. This rezoning may have a negative impact upon the surrounding neighborhood. • The subject property was zoned "RE" Residential Estate District in 2006 from the "RS -6" Single -Family 6 District, "CR -1" Resort Commercial District, "RM -1" Multifamily 1 District, and "IH" Heavy Industrial District. The associated project was a single-family residential subdivision that was never constructed. • The proposed apartment complex is incompatible with the fabric of the neighborhood. The residential subdivision to the north along Lola Johnson Road and the recent rezonings across Laguna Shores Road to single-family zoning districts indicate that single-family residential is the predominate use on this portion of Laguna Shores Road. • The subject property is 15.96 acres in size. The proposed "RM -2" Multifamily 2 District allows up to 30 dwelling units per acre. Therefore, the maximum build -out of apartment units on a 15.96 acre tract is 479 apartment units. • All vehicular traffic generated by the proposed by the apartment complex would be placed on Laguna Shores Road which is currently a two-lane road. Staff Report Page 4 • Laguna Shores Road is designated as a "P1" Parkway which has a right-of-way width of 80 -feet, but only has a pavement section of 40 -feet (2 lanes). A "01" Minor Collector Street also has a pavement section of 40 -feet. • Plan CC states that apartment complexes should collect and direct traffic to avoid passing though residential areas. Additionally, said traffic should have direct access to an arterial street that can accommodate the larger traffic demands. Laguna Shores Road being only a 2 lane 40 -foot wide roadway cannot absorb the increased traffic. • The only potential source of wastewater is to the northwest connecting though Jamaica Drive and an existing lift station. Further investigation would need to be conducted to determine if the lift station has sufficient capacity to handle the wastewater generated by the proposed apartment complex. • Due to the adjacency to properties zoned "RS -6" Single -Family 6 District, a Type B buffer yard will be required along the northern and a portion of the western property lines. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). Along the southern property line is a property zoned "IH" Heavy Industrial District. Therefore, a Type E buffer yard would be required. Type E buffer yards consist of 50 feet in width and a 50 point requirement as per the Unified Development Code (UDC). Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. Vote Results: For: 0 Opposed: 6 Absent: 2 Abstained: 1 Public Notification Number of Notices Mailed — 58 within 200 -foot notification area 5 outside notification area As of March 15, 2019: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 22 inside notification area — 0 outside notification area Totaling 62.58% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-02 B&A Terra Firma Development, LLC\Council Documents\CC Report_0319-02 B&A Terra Firma Development, LLC.docx Staff Report Page 5 frt", c*t *44.* IL.. CASE: 0319-02 ZONING & NOTICE AREA FBA-IHo.IJ.viJJy 1 RH-Y NVMfnnla2 =1.-5 Ha1lf •11Di = t PPM* 60.Y OM* +'R -AT Hallfnnlp AT N.1 1b1214E0r1lood Conn. r[i.1 044.2 CR.1 CR -Y CO -1 CB -Y ORO CR -5 E. IHIp14t011402E Donn• 144.1 R•wrl Comn.ro4l R•wrl Conn•ro Yl O•n•ral Cowen* .al Oen.ral Comm. MY Inbn Yr. Comm. r01.1 Downlown CO001.101.1 221.2 A Cornm•r041 rrnRar.l - -,r1 Ova dry »r nes l Pad. IL Light Indust/al H Hoary Industrial P110 Fl.in.dUrtl Cox Ov.d.y R0-10 thIp1.-Fa1b 10 Ri-0 Y0010.F1fy e R*4_6 fi1p1.-Fal., {-d Ri-TF rw.-F.n. 110-16 HnplfF.n1115 RE R.dd.na.lE JY. RS TH TOW nnpue iP 10001•1001041 RV Mereationsi voids Pnp RHH Man.R010r.. Homo aol-d .Proper - YM 29VlLtr0-y 9mers Ri. 4..neaan.192Jm11iMn ....Fleae.nerlmSaxe Dam Crsa sd: 11,2414 Piapa rad 6y: YJ.•H La par9TARC or Doweloprre err,sa SUBJECT PROPERTY •AAV City of Staff Report Page 6 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, ase tienen la intention de asistir a este junta y clue reouieren servicios esoociales, se les suolica aue den aviso 48 hares antes de la Junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. 11 you wish to address the Commission dunng the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. Si usted desea dingirse a la commission durante la junta v su inoles es limitedo, favor de (lamer at deoartamento de servicios de desarrollo al numero 1_361) 826 3240 al mer4s 48 horas antes de la junta Dara solicitor un interviste ser presente durante la tunta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0319-02 BBA Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10. Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial. or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 76469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a msmbar or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office. or In person, by telephone call or by letter. Printed Name: 2' Lr� Address: T( L L4,-44 j CityiState: ( ) IN FAVOR (OPPOSITION Phono: it/ 77 — j 3 33 REASON: Ler-4#3 r 000"7 t.10 f}I.f-t— cap Ap MarrRi_w Not 1F bra SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN 1005 Property Owner ID: 4 Signature Case No. 0319-02 Protect Manager: Andrew Dimas Email; andrewd2@cctexes.com Staff Report Page 7 Persons with dsabrhhes planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadel gue trenen la nttencion de asistrr a esta junta y aue requieren servicros especiales se les suolica clue den aviso 40 horas antes de la Ionia Hernando al deoartamento de servicros de desarrollo, al numero (361) 826-3240. If you wish to adaress the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance 10 request an interpreter be present during the meeting. Si usted desee dirigirse a la commission durante la junta y su ingles es limrtado, lavor de Ilamar al departamento de servicros de desarrollo al numero 13611 826-3240 al menos 48 horas antes de la Ionia para solicitar un interorele ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change et zoning from the "RE' Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. 1 he prcperly to be rezoned is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and,or Special Permit. Approval of a change of zoning, if inconsistent with the City's Cornprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826.3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(St AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person. by telephone call or by letter. Punted Name: C.0-ru1 C011 1 utru,'/A. Address: 2 f 7 I- 01.-, ,-L tICO,A Rd, City.+State: C.r.4.-&5 C -1w..- e • IX ( ) IN FAVOR` *IN OPPOSITION REASON: • cir,,('''nt • 1�11'M U✓` of l..nr14,1,4-, .+ • e,„ c.,ScJ v t V„11.tir • `3104-4 J V `/ e N) Phone: 2 ] y - s514- /32 3 SEE MAP ON REVERSE SIDE INFOR Case No-: 19ZN1005 Property Owner ID: 5 Signature Case No. 0319-02 Project Manager: Andrew Dimas Email: anarewd2@cctexas com Staff Report Page 8 Persons with disabilities planning to attend This meeting, who may require special services, are requested to contact the Development Services Department al least 48 hours in advance at (361) 826-3240. Personas con incapac dados, gue tienen (a Intencion de asrstir a esta Junta y que reauieren servicios especrales, se les suphca clue den aviso 48 horas antes de la iunta Ilarnando al departamento de servicios de desarrollo. al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 al least 48 hours in advance to request an interpreter be present dunng the meeting. Si usted desea diriairse a la commission durante la runta y inalSS 65 limitado, favor de hamar al departamento de servicios de desarrollo al numero )361) 826-3240 al menos 4: h.r. , r I. un1 un inI rorete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi 10 consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezones is described as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of Tots 9 and 10, Section 54. Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. 1 he Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request 10 discuss and formulate a recommendation to the City Council, The public hearing will be held on Wednesday. March 20. 2019, during ono of tho Planning Commission's regular meetings, which begins at ¢:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED DU1, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277. CORPUS CHRISTI. TEXAS 78469 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By -Laws. no discussion shall be held by a member Or members of this Commission with an applicant or appellant concerning an application or appeal. either at home Or office, or In person. by telephone call or by letter. Printed Name: iJuniPr SA-erc1 Address: 13'7 Lc, Lo- 1'61103v ✓1 ( ) IN FAVOR j IN OPPOSITION REASON: 1114 reez i1 rj ok �Dro'ooSSQ-,� aft wu�lc (or,3e tl.f 1 (°Pvr•'I -i-osXj (1'1' & cdQU0.(V2 M�/ 1`ov-v�.Q jhe �yrt�i�y��S W:(: a(1� :11;i0 p ►9P}rx1tJ?(��.f by +s iv +i a.+r VIII, J CityiState: Co,-pvS Phone: 6 (- - ZS— I SEE MAP ON REVERSE SIDE INFOR Case No.: I9ZN1005 Property Owner ID: 6 Signature Case No. 0319-02 Project Manager: Andrew Dimas Email: andre>,v+d2@cctexas corn Staff Report Page 9 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at leas) 48 hours in advance at {361) 826-3240. Personas con incapacidades. Clue bonen la intenciOn de asistir a esta iunta v aue requreren servicros esceciales so les suphca quo dere aviso 48 herds antes de la iunta Ilamando al deparlamento de servicios de desarrollo, al numero (3611 826 3240 II you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (3611 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea drngir,e ala commission durante la iunta v su angles es limitedo, favor de Hamar al departamento de servicros de desarrollo al numero ;361) 826-3240 a' menos 48 ho un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 BBA Terra Firma Development. LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "REResidential Estate District to the "RM -2" Multifamily 2 District, resulting In a change to the Future Land Use Map. The property to be rezoned is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts. located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification anddor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019. during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call 1:3611 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER/S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person. by telephone call or by letter. Panted Name: NES Lo N6W C-l.c Address: r j' Q, Q 7 0 CityIState L/aewcns;tcRJ X 7,J iyt. ( 4#1 FAVOR ( ) IN OPPOSITION Phone ,2z4— ( g(,-4 8o (e REASON. •-•(-4 O.I) -11 t \ irks, r Viii. SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1005 Property Owner ID: 12 Signat[lr8 Case No 0319-02 Protect Manage,: Andrew Dimas Email andrewd2@octexas com Staff Report Page 10 Persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance al (361) 826-3240. Personas con incapacidades. due tienen la intention de asistir a esta junta v uue reauieren servicios esoeciales. se les suolica clue den aviso 48 horas antes de la:unta ilamando at defaartamento de servicios de desarrollo, al Humero (3611 826-3240. 11 you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dlrtdirse a la commission durante la iunta v su n I s es limdado, favor de hamar al departamento de servicios de desarrollo al Humero 1361 j 826-324(1 al mends 48 horas antes de la junta para solicitar un interOrete ser oresente durante la iunta- CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 5 eceiive j MAR 152019 B8A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. resulting in a change to the Future Land Use Map. The property to be rezoned is described as. 2110Laguna Shores Road and Being a 15.96 acre tract out of Tots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and'or Special Permit. Approval of a change of zoning. if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing tor this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(Sy AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning CommIsr)tOn By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office. or in person, by telephone call or by letter. Printed Name: E Address -21) i�na c'`��Dct� City/State(n i c1 ". -#(s 724 1 { ) IN FAVOR IN OPPOSITION 016) REASON: Jrti-Cc cr ,CaE- Fi-eind Cc,, .491/+ vr,�o SEE MAPA REVERSE SICE INFOR Cine No.: 19ZN1009 Q Property Owner ID: 14h� /'LP ef f6 cr-ex_.1—.:._,A Fa -r1 (t Acqf orzdlc;(- t�lr�. Prone:, -3101 5- It ' Ire751 pna/ture " 1 Case No. 0319 02 Project Manager: Andrew Dimas Email: andrewd2Occte■as.com Staff Report Page 11 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at 1361) 826-3240. Personas con incapac lades, aue henen la intencion de asislrr a este junta v aue reauieren servicios esoeciales. se les suplrca aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. Si usted desea diriairse a la commission durante la junta v su males es limitedo. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicits( yn rnterprete ser presents durante la runt& CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development. LLC es petitioned the City of Corpus Christi to consider a change of zoning Iron the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of Tots 9 and 10, Section 54. Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit, Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20. 2019, during one of the Planning Commission's regular meetings, which begins a: 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TC RF f1N RFC,ORn, THIS FORM Li ICT RE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either al home or office, or in person. by telephone call or by letter. Printed Name: Address: s(' Cf/ (4- w+,e City/State ( ) IN FAVOR ( IN OPPOSITION Phone: REASON: 4 LO/ SEE MAP ON REVERSE SIDE INFOR Case No,: 19ZN1005 Property Or/n.1'10:15 Srgnatu Case No. 0319-02 Project Manager: Andrew Dimas Er+ail andrewd2@cctexas cam Staff Report Page 12 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaaacidades, gue tienen la intender) de asistir a esta iunta v aue reouieren s_ervicios esoeciales, se les suplicaa aue den aviso 48 horas antes de la iunta Hernando al departarnento de servioos de desarrollo, al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Sr usted desea diriairse a la commission durance la iunta v su finales es limitado, favor de Ilamar al cleoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la iunta. CITYPLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider . i .. . of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a Change to the Future Land Use Map. The property to be rezoned is described as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10. Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more Information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning COmmisslon By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person, by telephone call or by letter. Printed Name:0416(` Riff' k'0, L S Address: 9,3n t! o i a, c� kNSo ( ) IN FAVOR IN OPPOSITION City/State:_ C� �l17( 2 v' Phone: �(/(� `3 /i ASON: / Ps alo tket{ f r'i rc to re -Zojj/le "�pttf 51 'r f c a1 -I P8 I S Q o e-0 c7 w! SEA4AP OIC REVERSES E IN FOR Case No.: 19ZN1005 Property Owner ID: 20 S S0.i moo.. 01-1C4 gUaP U r dry a t'co I 1o r i- "5 i 13SQ. Signature Case No 0319-02 Proiecl Manager: Andrew Dimas Ema l- andrewd2@cclexas.com -Iv 15 03lc/ ^64- Staff Report Page 13 wa-S riTo6P6 04Nat_hs.a_.esResidehfs' a Lo<<�uso-r �i� Wete IP O P po5,'-i op. FP is W % pwr' L;5v%+- - /0 sj 'G V6 NA- r UJC3 -r n5 ��nch L c` CLS a C-�(r �= h 4,e56( r t --Le Sk-vcie nes. 7\e\eLt Were Ln arrr t 1f‘0 he L -t 64, i-� C ° u PC;1, p6K-e_ Ca.\.I carni n (MIk1sS,c,ci ava ackil o6 or,cf t boo_pct (,1 0.5 C $ to \o‘ 0 057"6OY1 as Cc.o nn 6 c)Gc s _� s. Sr �o �\ Q l (kr\ vv cV) Ivo uokii co,f) s A pocL FA `c/ aS l e sf Atx-eloreht--- �i'k'Qe G Sto s cc roc► (morn a Scuta a w ou\cl Out ay\ r+� my Staff Report Page 14 G?) b,cky.e,r c.t)M, rs-The('-E) s JO sehookup 1'o GS I'�' � 5 lines u o���c�.6Iwsb„0 is fi rci tottupei.3f74v-k_ 1- 5 -EctA---isrp-‘ wa s If- CIL-Hr.e:e 2-0 !� �nNSo,u— Ci�Jy �cL�d �ar/%. �hiS Was �. 6kc&S,e cLl 4- o bcJci 3 _S-torer s Ire -14\;s areet_ Cut() ofrO wcia)ceolL got. W cLT' S \not- dowcv A-\,.ersepare ueldPer- SVol\p42•A *LtV-k-kker ce Mop P-1 on+- afp of (.,v�((filoa fid. 6g I:SD must poi-) ,?)eCY_ pW(pJ fJivQ o► -)C' Iccikfs e Ne ai 4-6v koDo � +kat �}�� �ue o�e 1'e-Znhe, � s 0/sot)e_ 0),c, F k -Le_ s U->PCPsszar y - j� k)c%)S( k6, (,l>/I 11 Staff Report Page 15 ()3 00-1\ 3Qd -I wit) c_dyyl--&ci-- 1\11/&.-41-. Ktvcdc_Q_ Sore- _dthes hof "T'13-,e-o-Act-S-ck/Ad- -71--v's a (1." OA - 6 -C\ —O 01/1 e)-1 +rid LL)/f11 S-C4e0/ +ro, w jI « s cL (,ua..� S'(�p� /l S-i-oir ` f {- (Id.) of I . j /' j, Kl-C�l�d �PcJ Loci f7°S QIY'I RS Qcs bL) S a_rtyt is N64-- CcT,h,(II.LSr)eLO- e_t/Ac (kJ [L--e6a----keri / 3 boi so LA sL / h ou r isiALood‘o_coQ_. AfncGNte)L1Lai3o D� C ft ci 14.3/ P -e. 1).) awl l oy) eAcit. ehe Staff Report Page 16 Persons with disabilities planning 10 attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. personas con incapacidadeS. Que lienen la intender) de asistir a esta junta v aue reouieren servicios especiales, se les suptica due den aviso 4$ horas antes de la Junta Ilamando al deoartarnento de servicios de desarrollo, of Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at 1361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirrovse ala commission durante la junta v su inoles es limitado. lavor de Ilamar al deparlament° de servicios de desarrollo al numero (3611 826-3240 al mends 48 horas antes de la junta para solicitar un Interprete ser presenle durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Ch-.sti to consieer a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54. Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification ander Special Permit. Approval of a change of zoning, if inconsistent with the City s Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You aro invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240, TO BE ON RECORD, THIS FORM .MUST 8E FILLED OUT, SIGNED BV THE CURRENT PROPERTY OWNER'S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469 9277. ANY INFORMATION PROVIDED BELOW BECOMES PURI IC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: I'1 er:(C (,`L n7Q; rS Address: 2 2- ZAJ /4 J, hit 5e) 2 kid ( ) IN FAVOR IN OPPOSITION REASON: .%tl*rrac,L ( I, b( Z • R(. /l r "T,44c S'e6,164114 {lou',;(;" Cr1»', l SEE MAP ON REVERSE SIDE 1NFOR Case No.: 19ZN 1005 Property Owner ID: 25 City/State: (t1 fp,/ 3 (11,75(y; 7 Phone: 30-"779- 64-0iL) Ls'YLy -1 L_ Signature Case No. 031902 Project Manager: Andrew Dimas Email: andrewd2@odexas 0331 Staff Report Page 17 Persons with disabilities planning to attend this meeting, who may require special services. are req,iested to contact the Development Services Department at least 48 hours in advance at ti3611 826-3240. Personas con incanacdades due tienen la mtenciOn de asistir a esta Junta y clue reguieren servicios esDeciales, se les suplica due den aviso 48 horas anter dela junta Hernando al depanamento de servicios de dosarrollo, al nurnero ;361) 826-3240 II you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at {36 1) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si ustea desoa diriairse a la commission durance la junta y su inaies es Iimitado, favor de Ilamar al departa_mento de servicios de desarrollo al numero +,361; 826-3240 al menos 48 horas antes de n . ._.r .hcdar un intemreteser Dresente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC Has petitioned the City of Corpus Christi to consider a change of zoning from the "RE' Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. he property to be rezoned is described as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10. Section 54, Flour Bluff and Encina) Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and or Special Permit. Approval of a change of zoning, it inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request 10 discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m. in the City Council Chambers. 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request- For more information, please call (361) 826-3240. To BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERIS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, IFXAS /8489 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with The Planning Commission By -Laws. no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person, by telephone call or by letter. II Nrinted Name: e•F:6 f ey And RD'\ AI /1-4 () Address: 11) '? . l )A✓1[ /- 1 (it: { ) IN FAVOR $IN OPPOSITION REASON: 907161#41... UpA) 2 jai (J Tim SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1005 Property Owner ID: 28 Sig ure City/State: O if d II �j r Phone:_ 3c, l • (-leg - 370 Case No. 0319-02 Project Manager: Andrew Dimas Email andrewa2@cctexas corn Staff Report Page 18 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826.3240. Personas con incapacidades, clue tlenen Ig rntencien de asishr a esta junta r Que reouieren servicios esoeciates. se les suotica aue den aviso 48 horas antes de la iunta Ilamando al departamento de senncios de desarrollo. al numero (3611 826-3240. II you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durance la junta y su incites es Iimitado, favor de Ilamar al Departamento de servtcios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solrcitar un mterurete ser eresente duranle la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC nr.s pet,boned the City of Corpus Christi to consider a change of ening hem the "RE'- Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encina) Farms and Garden Tracts. located on the west side of Laguna Shores Road, north of Hustlln Hornet Drive, and south of Lola Johnson Road The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the offect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FARM MUST BE FILLED OUT, SIGNED BY TI IC CURRENT PROPERTY OWNERIS) ANL) MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws. no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. r-- PririttfU tilaniu. . j- Sr%IN-11..), Urntn Addross: 2- 2 1'2? / 17 k ]-.(1,-n.A11." ( ")) IN FAVOR REASON City/State: ( ) IN OPPOSITION Phone: Sf 7 „ SEE MAP ON REVERSE SIDE INFOR Case No : 19ZN1005 Property Owner ID: 29 Signature Case No 0319-02 Project Manages Andrew Dimas Email: androwd2@scleras com Staff Report Page 19 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, en I: it :, :n . istira'unta . rc,Uler: ::� I.- - : 1 les 1!Iica QUA .=n avi. 4: horas antes de la iunta Hernando al deDartamento de servicros de desarrollo, al nunero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. 5i usted desea dunairse a la commission durante la lunta v su incites es limited°. favor de Hamar al geoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta Dara solicitar un Interprete ser eresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B& A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of Luning !r: rn the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezone° is described as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts. located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public heating to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNFn RV THF CURRENT PROPERTY OWNER(6) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. %t Printed Name: c1.I(5vr1 L e IVc r* Address: 2`� S (.d�Q r)AAS?)\_ fd ( ) IN FAVOR ( ) IN OPPOSITION REASON: //� 1 �LCk 0t tif'A5Ts'kr ti, c1ettiiaS+� SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1005 Properly Owner ID: 30 55 [CCS City/State: C C Signature Case No. 0319-02 Protect Manager: Andrew Dimas Email: andrew02@cctexas corn Staff Report Page 20 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance al (361) 826-3240. Personas con incapac dades gue tienen la intencion de asistir a esta junta y que reauieren servicios especiales, se les suplIC que den avrso 48 horns antes de la junta Ilamando al departamento de servicros de desarrollo, al numer4 1361) 826-3240 11 you wish to address the Commission dunng the meeting and your English is limited, please calf the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dinairse a la commission duranle la iunla y su mgles es limitedo. favor de Ilamar al deparlamento de servioos de desarrollo al namerp (3611 826-3240 al mends 48 horns anLessie la a,inta para sallow un interprete ser presente duranle la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of Tots 9 and 10. Section 54. Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive. and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or Gonial, or approval of an intermediate zoning classification and+or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approvea zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesdav, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826.3240. TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY 'O THE DEVELOPMENT SERVICES DEPARTMENT, P O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws. no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person. by telephone call or by letter. Printed Name: f� �; i ("'C 4./Z Address: .11).1 1 o/i) , I t: /00 6'0' ( ) IN FAVOR (.,?1N OPPOSITION REASON: p..rp_L-iy 4,81„e) ,,,_ 5 o(e ".•.i 12 .a*i Cril.n.t W:I( l.i�E11° t,A4f,'c CeNg13��C SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1005 Property Owner ID 39 City.+State: Ce •n.,) L i , a " 1 l: Phone: 3(,1— r275i-0 3_ ea 410-te b J/e,y 3L4/-ef AI ?L4,./ w 4 Aim/ • Signature60., did. Case No 0319 02 Protect Manager: Andrew Dimas Email: andrew02@ccte>,as corn Staff Report Page 21 Persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con rncapacidades, aue tienen la intenci0n de asistir a esta Junta v aue requieren servicios especiales so les suplica que den aviso 48 horas antes de la junta Ilamando al deoartamenlo de servicios de desarrollo, al numoro 13611 8263240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361 ) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Sr usted desea dinairse a la commission durance la junta y su finales es limitado, favor de hamar al deparlamenlo de servicios de desarrollo al Humero (361 1826-3240 al menos 48 horas antes de la iunta Dara solicitar un interorete ser taresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 BSA Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from :he "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. 1 he property to be rezoned Is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10. Section 54, Flour Bluff and Encinal Farms and Garden Tracts. located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. Tho Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request :o discuss and formulate a recommendation to the City Council. The public hearing will be hold on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(SI AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277 ANY INFOPMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of thls Commission with an applicant or appellant concerning an application or appeal either al home or office, or in person, by telephone call or by letter. Printed Name: Address: 2I ,(JLT 1-t City.JState: } IN FAVOR ( OPPOSITION Phone: REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1005 Property Owner ID: 41 y 36/c'» -/Y5 Case No. 11319-02 Project Marager: Andrew Dimas Email: andrewd2@cctezas.com Staff Report Page 22 Persons with kewabiliiies planning to attend this meeting, who may require special services, are requb...__ .o contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapac'dadeS, e i -nen la int -n ion i it a esta un •ue rr.uieren -• . - • -I - SU Ica • de vi • 48 horas Antos de la iunta namando al departamento de servrcios de desert -olio, al numero 13611 826-3240. If you wish to address the Commission during the mooting and your English is limited, please call the Development Services Department al (361) 8263240 at least 48 hours in advance to request an interpreter be present during the meeting. 5i usted desea dirioirse ala commission durante la junta v su in les es Irmitaoo, favor de Ilamar al deyartamento de servlcios do desarrollo al numero r'361 t B?6-3240 al menos 48,oras antes de la wr to Dara snitcttar un interprele ser Dresente duranle la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. resulting in a Change to the Future Land Use Map. The property to be rezoned is describeo as: 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts. located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive. and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to disci:ss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20 2019 during one of the Planning Commission's regular meetings. which begins at 5:30 p.m.. in the City Council Chambers. 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER{S) ANO MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office. or in person. by telephone call or by letter Printed Name: 4/tr/rt2 404, DR 7 -err; 4y Pe (:2UAwU%rte(P4-1/ Address: ,F9 /o ,_%D/tw ye41 City'State12L/9Ll� /'isz�- /x' 11y/I ( ) IN FAVOR (X) IN OPPOSITION REASON: EnW✓an x€4.( iL7($rt(, ,".15,: AKe4 tee//a-ud5, /sv/X 5/ jeip'rc'r Fri/NQ 4 eeg0' �' c rt e%� -�'ro� 4 ped area. __ -/ / A/iri" rel) il4c-A t_ uPve 4,4/1 he 7/tuas7/or I 7k4FF�c G res; o ./ifs ce�e•�s ' /D,9viny Or/ %I Pee.ss �'� �� e eL5 /0 // me,-sa ece Cx•rne ;.wrl?d5-L ict Ow' Phone: jJ- z - 14 p,3 t. S attire SEF MAP ON REVERSE SIDE l cgQrd • Case No 0319-02 INFOR Case No 19ZN1005 Protect Manager: Andrew Dimas Properly Owner ID. 44 Ernaul androwd2@cctexas.00m Staff Report Page 23 Persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance at (361 ) 826-3240. Personas con incaoacidades, aue tienen la intencion de asistir a esta junta v que reouieren servicios esoeciales se les suplica aue den aviso 48 horas antes de la turtle Ilarnando al deparlamento de servicios de desarrotlo, al numero :361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse ala commission durante la junta y su incites es limitado, favor de Ilamar al deoarlamento de servicios de desarrotlo al numero 1361 1826-3240 al mends 48 horas antes de la junta para solicitar pn interprete ser presente durante la iunla, CITY PLANNING COMMISSION IV°bi?CA PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development. LLC has petitioned the City of Corpus Christi to consider aactlange 0 zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resultinq n a change to the Future Land Use Map. I he property 10 be rezoned is described as. 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road. north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial. or approval of an intermediate zoning classification and+or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers. 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information. please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN 1T3 ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 921/, UGHPUS CHHISI I. IEXAS 78489 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name: A°e -"A A" Address: /7,/ /4-/.c j;/e1 *I -N OPPOSITION Jl-���ZG6Cf�i % /. yff/o City/State: C' /,mss i�r . 78Y/8' Phone: �Sr:)802 -9o'v I: I IN FAVOR REASON: Tie :, G7�'ten �e ,„ //A/ire' c plc o � I, o ✓✓t 1"*C.j 15-"'"."-r SEE MAP ON REVERSE SIDE cc -"r" INFOR Case No.: 19ZN1005 A-.// /o Property Owner ID. 47 Ser 0,, a V/ Signature 7" 4/f �rG.t , s �Gf r!G dc -4 ' / :,4,127" /c c c'c-/� r7 -4//• /".‘4,- 7k4-5osc55'. f%orrf'.s+tn f e -.,..„,./e),<-5- 4,^.-•..7/22;....-e44241St Tie . _ - ' /nes 7.: Case No 0319-02 Protect Manager Andrew Dimas Email andrewd2@cctexas com Staff Report Page 24 Genna Schmidt 265 Lola Johnson Rd Opposed Reason for objection: Mostly it's a place of wildlife, and it's an educational for the school district which is in close proximity. The rezoning would deny the children for years of educational abilities. There's a high level of water behind my property continually. The whole area is swampy even on the driest days. I have concerns about this environment because of the sceptic uses and because of it's permanent wetness. It's ugly. Staff Report Page 25 Persons with disabilities planning to attend this meeting, who may require special services are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240 Personas con incaoaadad es Que tienen la intencie0 de asistir a esta junta v eue requieren servicios especiales se les suplica clue den aviso 40 hags arfes de la iunta Hernando ai departamento de serncos de desarrollo al numero 1361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting $i usted desea dirieirse a la commission durante la tunta v su moles es limeade. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para soliCitar un mterprete ser presente durante re junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC nas petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting 1n a change to the Future Land Use Map. The property to be rezoned is described as: 2110 Laguna Shores Road anti Being a 16.sb acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial. or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Ptan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public heanng will be held on Wednesday. March 20, 2019 dunng one of the Planning Commission's regular meetings, which begins at 5;30 p.m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 BOX 9277, CORPUS CHRISTI TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name. Som J ►31,,.( I'\LtPkAuki 5c.hci,\ Address: 2—S05 W c L (k( 0r, CitylState: CJrto.Is Ct\r,3L ( ) IN FAVOR C%Q IN OPPOSITION Phone: 34.01 tv`%4 `12-0» REASON:7rcc-K [p c Vs •Yt'�S-� f cALi.\ tor- f �, .`pal ► i`�a 'O v\C- SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1005 Property Owner ID: 0 Case No 0319-02 Project Manager Andrew Dimas Email andr #i2igcctexas coin Staff Report Page 26 Persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance 81 (361) 826-3240. Personas con incaoacidades aye tienen la Intention de asistir a este iunta v aue requreren servcios esaeciales. se les suolica nue den aviso 48 horas aries de la Junta Hernando al deoartamento de servos de desarrollo, al numero (361) 826-3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la junta v su rnalos es tlmtado favor de llama( al deoeltamento de servlcios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser Dresenle durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B.A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District. resulting in; change to the Futuro Land Use Map. The property to be rezoned is described as: 211n Laguna Shores Road and Being a 15.96 dare tract out of lots 9 and 10, Section 5.4, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning. if Inconsistent with the Crty's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held on Wednesday. March 20. 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p,m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277. CORPUS CHRISTI, TEXAS 78469- .3277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance wish the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Via L `1.0 LO Address 6 S a,�^ ou_9 ,ron City/State: 1. - ( ) IN FAVOR `N IN OPPOSITION Phone..' i Staff Report Page 27 persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance at (381) 826-3240. Personas con incaoacidades, slue trenen la intenci4n de asistrr a este 1unta v aue recuieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de la tunta tlamando al deoartamento de servicios de desarrollo, al numero (361) 826-324Q If you wish to address the Commission during the meeting and your English is Nmiled, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during The meeting Si usted desea dineirse a la commission duranle la junta v su inales es Iimited0, favor de Hamar al deoartamerlt0 de servicrps de desarrotto al numero (361) 826-3240 al menos 48jioras antes de la iu_ntaDara solic4ar yn interorate ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as 2110 Laguna Shores Road anti Reing a 15,96 acre tract out of lots 9 and 10, Section 54, Hour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning. if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held on Wednesday, March 20. 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m, in the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request. For more Information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. 0 BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, elther at home or attics, or In person, by telephone call or by letter. Printed Name: ----Ake,S �. t � ng n w Ftviw- 51 5(\izga Address 7_ -COS CItylState; C- c- T � ( ) IN FAVOR ()Q IN OPPOSITION Phone: .1 t,A`P 11-‘5' REASON. SEE MAP ON REVERSE SIDE INFOR Case No : 19ZN1005 Property Owner ID: 0 Ul/J Sig wv�ture Case No 0319-02 Prosed Manager Andrew Dimas Email andrewd2:. cctexas corn Staff Report Page 28 Persons with disabilities planning to attend this meeting. who may require special services. are requested to contact the Development Services Department at least 48 hours u. advance at (361) 826-3240. Personas con rncapacidades. due hemp la intencibn d= -sis r . esta nta •ue r=. ieron -rwcros a-•:ciales. se les suplica nue den aviso 4� horns antes de la tuntablmando al deoanamento de serv;:ios de desarrollo, al numero 13611826-3240. If you wish to address the Commission curing the meeting and your English is hmlted, please call the Devetcpment Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. 5.1_010..1 etrIairs8 a la commission duranle to iunta y su metes es limitado, favor de hamar alai nto •e =rvi jos de • sarr. • I ' mero (381P26 -324Q al mens 48 horns antes de to wnta para solicitar gfir grete ser Dresente dunle ju la ranta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 BSA Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of ion ng from the "RE' Residential Estate District tc 'he "RM -2" Multifamily 2 District. resulting in a change to the Future Land Use Maw 1 he property to be rezoned is oescrbed as: 2110 Laguna Shores Road and Being a 15 96 acre tract out of lots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tract;, located on the west side of Laguna Shores Road, north of Hustlin Hornet Dft:e, and south o• Lola Johnson Road. The Planning Commission may recommend to City Ccunal approval or denial, or approval of an intermediate ZORinComprehensive Plan, willtion also haveor hereffect of amending the Comprehproval of a change of ensive ive Plan tolstent with the City's reflect the approved zoning The Planning Commission will conduct a public hearing tor this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m , in the City Council Char;toers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. INTO BE ON ED ITS ENTIRETYRECORD. THS 0 THIE DEVELOPMENT SERVICM MUST BE FILLEDES DEPARTMENTT, SIGNED BY, P. 0 HE CURRENT BOX 9277, CORPUS CHRISTI, TEXAS 78AND 489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members or this Commission with an applicant or appellant concerning an application or appeal, either at home or office. or In Person. by telephone call or by letter. Po Name. pi- Wei Address:_ 36 0 .vi [9i► Cf City/State: Ka/�di C�w, ih /rX � o Phone: ILL- -SGL ---/—✓ S ( ) IN FAVOR ( ter<OPPOSITION REASON: -dye,• SO/'t 4/ad ACceiS s � ±" b C /'� 4- F4 „i • p)o pefei ' �� j > n i� /7/)6 eiS9 a Signature SEE UAP ON REVERSE SIDE N FOR Case NO.: 19ZN 1005 Properly Owner ID: 2 Case No.0319-02 Projoct Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 29 Persons with disaboties planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance al (361) 826 3240. Personas con irtcapacrdades, aue tienen la inlencibn de asistir a este junta y nue reauieren servicios esoeciales, se les suplica Due den avrso 48 horns antes de la junta iIamando al departamento de servicios de desarrollo, al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at (3611 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. Si usled desea dinoirse a la commission durante la junta v su inotes es limitedo, favor de hamar al depanarnento de servrcios de desarrollo al numero (361) 826 3240 al menos 48 horas antes de la tunta oara solicitar Vn int$rorete ser presente durance la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map. Trie property to he rezoned is cescnoec as 2110 Laguna Shores Road and Being a 15.96 acre tract out of Tots 9 and 10, Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road. north of Hustlin Hornet Drive. and south of Lola Johnson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request For more information, please call (361) 826-3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN IIS ENIIHEI Y IU IHE UEVELUPMENT SERVICES DEPARTMENT, P. 0 BOX 9277. CORPUS CHRISTI, TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws. no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person. by telephone call or by letter. T-1 Foil -11W Name. ��� , �i�� l i- ' ` Address: 2—i L } t.._$\(1[ 1 .' A ,,kc City/State: C ca—u s C -V( ( ) IN FAVOR ) IN OPPOSITION Phone: S I 7+9 REASON: !:� ..1 _=Lj I G%l-1 i`l1 ; i NAv((j ' F= COL u Iv i i2- �' "� NY �.5�� I ��L� , 111-41- t= � a? (1---m SEE MAP ON REVERSE SIDE INFOR Casu No.: 19ZN1005 Property Owner 10.43 Signature Case No. 0319-02 Proled Manager: Andrew Dimas Email: andrewd2@ccloxas com Staff Report Page 30 ,rsabilities planning to attend this meeting, who may require special services, are requested to contact nent Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades la lelencrOn de asislir a este junta Y aue reauieren servicios especiales, se les suolica me den aviso 48 ho!Ji:i1Ode la un .Ilamando al departamento de servicios de desarrollo al numero {3611 826-3240 It you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su ineles es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (3611 826-3240 al menos 48 hares antes de la Junta para solicitar u i inlorprete ser presento durance la tinla. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-02 B&A Terra Firma Development, LLC Has petitioned the City of Corpus Christi to consider a change of /on nd from the "RE" Residential Estate District to the "RM -2" Multifamily 2 District, resulting In a change to the Future Land Use Map. Uhe property to be rezoned is described as 2110 Laguna Shores Road and Being a 15.96 acre tract out of lots 9 and 10. Section 54, Flour Bluff and Encinal Farms and Garden Tracts, located on the west side of Laguna Shores Road, north of Hustlin Hornet Drive, and south of Lola Johnson Road. The Planning Commission rnay recommend to City Council approval or denial, or approval of an intermediate zoning classification andior Special Permit, Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Cornmission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS coRM M icT RF Fu 1 Fn (t1T, SIGNED RY THE CURRENT PROPERTY OWNERIS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall bs held by a member or members of this Commission with an applicant or aPpeilant concerning an application or appeal, either at home or office, or in person, by telephone cal or by letter. 1 I d[' E:t( t -anted Name �Q1retom! 01, t o e -J51 n �SG�Y / Address: a?�� LVLT LJ �" � Cltyr'State. �� ( ) IN FAVOR IN OPPOSITION Phone: .t 1 - 70 r -51s* Wb REASON: ‘c Hlic",:il 14 SEE MAP ON REVERSE SIDE INFOR Case No 19ZN1005 -operly Owner ID- 56 Signature Case No. 0319-02 reject Manager Andrew Dimas Ema l: andrew02@cctexas.com Zoning Case #0319-02 B&A Terra Firma Development, LLC. Rezoning for a Property at 2110 Laguna Shores Road City Council Presentation May 21, 2019 Aerial Overview Subject Property at 2110 Laguna Shores Road .Vicinity Map N OpenStreEtTvlapand c:rntributcss, Creative CommonsSliareC Lice License ;CC -Err -SA) 3 Zoning Pattern Public Notification 58 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 22 (62.58%) In Favor: 2 RS -6 Lea Cr. red:.* 1:2019 Pri pa. SC Sy: Mk Lparm:xlrDr cnl'avp, !rrSay.xvs Planning Commission and Staff Recommendation Denial of the "RM -2" Multifamily 2 District Applicant has requested a floor amendment to request the "RS -6" Single -Family 6 District UDC Requirements Buffer Yards: RM to RS: Type B: 10' and 10 points RM to IH: Type E: 50' and 50 points Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height) Parking: 1 BR — 1.5 spaces/unit 2 BR — 2 spaces/unit 1 space/ 5 units — Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single -Family Homes, Duplexes, Apartments, and Day Care Uses. Utilities SUBJECT CST PROPERTY Water: 12 -inch ACP Line Wastewater: 16 -inch PVC Force Main located along Laguna Shores Road. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is accessible through Jamaica Drive which connects to a lift station. Gas: 2 -inch Service Line Storm Water: Road side drainage along Laguna Shores Road. AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting 5/21/2019 Second Reading Ordinance for the City Council Meeting 6/11/2019 DATE: April 22, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 10224 Leopard Street CAPTION: Case No. 0319-03 Corpus Christi Storage Solutions, LLC: Ordinance rezoning property at or near 10224 Leopard Street from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District PURPOSE: The purpose of this item is to allow for the parking and storage of trailers, boats, and recreational vehicles as part of an existing mini -storage business. BACKGROUND AND FINDINGS: The subject property is 0.438 acres in size. The owner is proposing the parking and storage of trailers, boats, and recreational vehicles as part of an existing mini -storage business. ALTERNATIVES: 1. Deny the request of "GC -2" General Commercial District. 2. Approval of the "CG -2" General Commercial District (Requires 3/4 Vote). 3. Denial of the request of "GC -2" General Commercial District and in lieu thereof approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for permanent open space uses. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (April 1712019): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0319-03 Corpus Christi Storage Solutions, LLC: Ordinance rezoning property at or near 10224 Leopard Street from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Christi Storage Solutions, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, in lieu thereof, approval of the "RS- 6/SP" Single -Family 6 District with a Special Permit (SP) with conditions and on Tuesday, May 21, 2019, 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 Corpus Christi Storage Solutions, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 0.438 acre tract described in a deed recorded in Document No. 830120, Official Public Records of Nueces County, Texas and also being the south 75.00 feet of the Park Lot, Block 4, Highway Village, located on the north side of Leopard Street, east of McKenzie Road, and west of Irma Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions (Zoning Map No. 060048), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The 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 is a "Boat and Recreational Vehicle Storage" as described in Section 5.1.4.H "Self -Service Storage" of the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 3. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 4. Buffer Yard: A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Use Requirements: The use must adhere the to the requirements of Section 5.2.14 of the Unified Development Code (UDC) in regards to a Boat and Recreational Vehicle Storage use. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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, 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. 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\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@500EE76A\@BCL@500EE76A.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@500EE76A\@BCL@500EE76A.docx Page 3 of 5 STATE OF TEXAS COUNTY OF NUECES EXHIBIT Exhibit A Field notes of a 0.438 acre tract described in a deed recorded in Document No. 830120, Official Public Records of Nueces County, Texas and also being the south 75.00 feet of the Park Lot, Block 4. Highway Village, as shown on the plat recorded in Volume 11. Pages 54 - 55, Map Records of Nueces County, Texas. Said 0.438 acre tract being more psnicuJarty described as follows. COMMENCING at a point in the northeast right of way of Leopard Street and in the common line of Lots 2 and 3, Block 4, of said Highway Village. from WHENCE a 5.8" re -bar found in the northeast right of way of leopard Street and in the common Zine of Lots 1 and 2, Block 4, bears, North 58°33'56" West. a distance 0( 100.00 feet. THENCE with the common line of Lots 1 2 and 3, North 00°45'56" West, a distance of 110.14 feet w a point in the east line of Lot 2, for the common west corner of Lot 3. said Park Lot. and this survey, and for the POINT of BEGINNING. THENCE with the common line of Lot 2, Park Lot, and this survey, North 00°45'56" West, a distance of 75.00 feet to a 5/8"re-bar found/previously set in the common lire of Lot 2 and Park 1.ot and for the northwest comer of this survey. THENCE North 89°14'04" East, a distance of 254.11 feet to a 5/8"re-bar found/prcviously set for the common comer of Lots 8.9. Park Lot. and this survey. TIIENCE with the common sine of Lot 8, Park Lot, and this survey, South (I0°45'46" East, a distance of 75.00 feet to a point for the common comer of Lots 5.6. 8. Park Lot and this survey. THENCE with the common line of Lots 3. 4. 5. Park Lot and this survey, South 89°14'04" West, a distance of 254.11 feet to the POINT of BEGINNING, and containing 0.438 acres of land. more or less. Notes: 1.) Bearings are based on Global Positioning System NAI) 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5.r re -bar — steel re -bar set with yellow plastic cap labeled Brister Surveying. I. Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day Juty 30.2018 and is correct to the best of my knowledge and belief. Of I,l Ronal . E. rister, RPLS No. 5 • n 7 Date: February 13, 2019, Job No. 190275 Exhibit B C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL©500EE76A\©BCL©500EE76A.docx Page 4 of 5 SURVEY OF A 0.436 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 830120, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY. TEXAS AND ALSO BEING THE SOUTH 75110 FEET OF THE PARK LOT , BLCC'K 4, HIGHWAY VIUAGE, AS SHOWN ON THE PLAT RECORDED IN VOLUME 11. PAGES 54 - 55. MAP RECORDS OF NUECES COUNTY, TEXAS. EXH I BFT `- rAtt iOFi LOT 9 LOT8 75.00' (DEED) SORP 45' 56-E 75.411' (MEAS) v UJI 1 0.438 ACRES 19,058 S.F. J AS US_ LOT 6 SCALE 1' s4 Noir 45' 56-w 90 .B 75.01' (MEAS) 75.00' (DEED) LOT 2 LOT 5 LOT4 LOT 3 910'41'76E 110.14' IAT1 p— PROPERTY CORNER OQ — FOUND 5,8' RE•BAR 0 = FOUND RE.BAR PREVIOUSLY SET Brister Surveying Mss fast P•1. 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C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL@500EE76A\©BCL©500EE76A.docx Page 5 of 5 Case No. 0319-03 Corpus Christi Storage Solutions, LLC: Ordinance rezoning property at or near 10224 Leopard Street from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Christi Storage Solutions, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, in lieu thereof, approval of the "RS- 6/SP" Single -Family 6 District with a Special Permit (SP) with conditions and on Tuesday, May 21, 2019, 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 Corpus Christi Storage Solutions, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 0.438 acre tract described in a deed recorded in Document No. 830120, Official Public Records of Nueces County, Texas and also being the south 75.00 feet of the Park Lot, Block 4, Highway Village, located on the north side of Leopard Street, east of McKenzie Road, and west of Irma Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District (Zoning Map No. 060048), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES \2019\0319-03 Corpus Christi Storage Solutions, LLC\Council Documents\Ordinance_0319-03 Corpus Christi Storage Solutions, LLC.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 STATE OF TEXAS COUNTY OF NUECES EXHIBIT Exhibit A Field notes of a 0.438 acre tract described in a decd recorded in Document No. 830120. Official Public Records of Nueces County, Texas and also being the south 75.00 feet of the Park Lot, Block 4, Highway Village, as shown on the plat recorded in Volume 11. Pages 54 - 55, Map Records of Nueces County, Texas. Said 0,438 acre tract being more particularly described as follows. COMMENCING at a point in the northeast right of way of Leopard Street and in the common lint of Lots 2 and 3. Block 4. of said Highway Village. from WHENCE a 51" re -bar found in the no theau right of way of Leopard Street and in the common line of Lots 1 and 2, Block 4. bears, North 58'33'56" West, a distance of 100.00 feet. THENCE with the common line of Lots 2 and 3, North 00°45'56" West. a distance of 110.14 feet to a point in the east line of Lot 2, for the common west corner of Lot 3. said Park Lot. and this sunny, and for the POINT of BEGINNING. THENCE with the common line of Lot 2, Park Lot, and this survey, North 00°45'56" West, a distance of 75.00 feet to a 518"re-bar foundlpreviously set in the common line of Lot 2 and Park Lot and for the northwest corner of this survey. THENCE North 89°14'04" East, a distance of 254.11 feet to a 5t8"re bar found/previously' set for the common comer of Lots 8, 9. Park Lot, and this survey. TIIENCE with the common line of Lot 8, Park I.ot, and this sureey, South Ott°45'46" East, a distance of 75.00 fat to a point for the common corner of Lots 5.6.8. Park Lot and this survey. THENCE with the common line of Lots 3.4.5, Park Lot and this survey, South 89°14'04" West, a distance of 254.11 feet to the POINT of BEGINNING, and containing 0.438 acres of land. more or kss. Notes: 1.) Bearings are basal on Global Positioning System NAD 83 (93) 4205 Datum_ 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 51" re -bar — steel re -bar set with yellow plastic cap labeled Bnster Surveying. I. Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day July 30.2018 and is correct to the best of my knowledge and belief. 11 1 ►,IT Ro . E. ristcr, RPLS No. 5 • t 7 Dune: February 13, 2019, Job No. I90275 Page 4 of 5 Exhibit B SURVEY OF A 0.438 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 830120, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY. TEXAS AND ALSO BEING THE SOUTH 75110 FEET OF THE PARK LAT , BLOCK 4, HIGHWAY VILLAGE, AS SHOWN ON THE PLAT RECORDED IN VOLUME 11, PAGES 54 - 55. MAP RECORDS OF NUECES COUNTY, TEXAS. EXHIBIT LOT9 LOT 8 75110' (DEED) Sop' 45' 56'E 75.1101 (MEAS) ur uJ: 7 0438 ACRES 19,058 S.P. J IO U1 b 6 LOT 6 SCALE r -11) LOT 5 LOT4 NOIY P,O,B 75110' (AIMS) 75.00' (DEED) LOT 2 LATI 14115 SOF Q- PROPERTY CORNER ®- FOUNT) 5,8' RE•BAR Q - FOUND 5B' RE•BAR PREVIOUSLY SET (t Brister Surveying 4415 foal Pw. Mai Obs W. 51 Cup. CRTs, Tout OW11 0lwteiu 10101 NIC Orman4.45,454.44545.5 e.. w Psn R11NP..1.4 1R5aoi 15 GRMIUC {lOTI1VG LIMY. THIS PAUPCRIY R )LA I W R' ITM W ZOO! AS DR/TCD OV T! PEDERAL W05CI CACI 14451.4011 4t747 4415 IVNNI 411 PAACL 5RY4R/ O13D C DATED JULY M. NW A.VD 015 ® O Pm LOCATED 111 A OOIOIUTIL IU YP4n PIf*1D{OFC awY-s fuR \� FEBRUARY 13. 3019 11)11\I) R11:13 AO/i1 1101AL WRY! YLU MICA 151 W 11111 21 NR EASLRED A11111MIL L MUD OR1GIAA1. fg1M11114G IYI4EN 144.55. 14E 11511 1 1)3LT 11' 111:4151 . 11131. U4411 LCT 1140 VELIOW PLUME CV ,01044 RROTTA SL RV111A0 41 ANP1!1 AAD RCA 154 DFN' 45 1101145 WTL AfCbWANiS T1651.5VV TMS ai111 W6 '01 WCILD11114 RrN.AACIL 11YS51441101. OW 10(4111/155 AL1 Sp11511.0155 5,31:455.1{ 5111111 111113, (Al *5111711140,1 MS 11104:551 *111314511I L 5514115 00111:Ra5 CERII11 714 AT 1414S*LLY'11 O11111: PWPSTY=ALLY DCSCRIIED !W IELV WAS MA010V TIL GRCtPp 15113 DAY 11.11.1 13,341 4AD 11 00115 5 01 RI 1511 Ra1ar1i9 Ll AADR11ir Al 05511 133 RP!. 5 505141 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0319-03 INFOR No. 19ZN1006 Planning Commission Hearing Date: April 17, 2019 Applicant & Legal Description Owner: Corpus Christi Storage Solutions, LLC. Applicant: Corpus Christi Storage Solutions, LLC. Location Address: 10224 Leopard Street Legal Description: Being 0.438 acre tract described in a deed recorded in Document No. 830120, Official Public Records of Nueces County, Texas and also being the south 75.00 feet of the Park Lot, Block 4, Highway Village, located on the north side of Leopard Street, east of McKenzie Road, and west of Irma Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "CG -2" General Commercial District Area: 0.438 acres Purpose of Request: To allow for the parking and storage of trailers, boats, and recreational vehicles as part of an existing mini -storage business. Existing Zoning and Land Uses Existing Zoning District Existing Land Use _ Future Land Use Site "RS -6" Single -Family 6 Park Permanent Open Space North "RS -6" Single -Family 6 Park Permanent Open Space South "CG -2" General Commercial Commercial Commercial East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for permanent open space uses. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 060048 Zoning Violations: None Transportation Transportation and Circulation: The subject property does not have street frontage. However, the associated mini -storage business has approximately 300 feet of street frontage along Leopard Street 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). Staff Report Page 2 • a• Lp 0 ci Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leopard Street "A2" Secondary Arterial 100' ROW 54' paved 161' ROW 100' paved 8,852 ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family District to the "CG -2" General Commercial District to allow for the parking and storage of trailers, boats, and recreational vehicles as part of an existing mini -storage business. Development Plan: The subject property is 0.438 acres in size. The owner is proposing the parking and storage of trailers, boats, and recreational vehicles as part of an existing mini -storage business. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District, consists of a lot that has been used as a storage lot for boats, recreational vehicles, and has remained since annexation in 1962. To the north is a property zoned "RS -6" Single -Family 6 District and consists of public park (Patterson Park, 1962). To the south is a commercial business zoned "CG -2" General Commercial District and consists of the associated mini -storage business that has been in operation since 1974. To the east are single-family residences (Highway Village, 1948) zoned "RS - 6" Single -Family 6 District. To the west are commercial properties zoned "CG -2" General Commercial District and consists of an ice company, offices for Dow Chemical, and an air condition repair company. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8 -inch ACP line located along Leopard Street. Wastewater: 10 -inch VCP line located along Leopard Street. Gas: 2 -inch Service Line located along Leopard Street. Storm Water: Road side drainage located along Leopard Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Permanent Open Space uses. The proposed rezoning to the "CG -2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • 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). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with the adjoining residential properties. However, the proposed use (boat and recreational vehicle storage) does not have a negative impact upon the adjacent commercial properties. • The "CG -2" District opens the possibility of more intense commercial uses such as bars and night clubs adjacent to single-family residences. • A small vehicle storage lot is a low impact commercial use. The limited hours of operation of 6:00 a.m. to 9:00 p.m. would reduce the chance of any potential negative impacts from occurring. • The associated mini -storage business has been in operation since 1974 and has been recently purchased by the current owner to continue the business. Planninci ommission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District 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 is a "Boat and Recreational Vehicle Storage" as described in Section 5.1.4.H "Self -Service Storage" of the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 3. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 4. Buffer Yard: A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Use Requirements: The use must adhere the to the requirements of Section 5.2.14 of the Unified Development Code (UDC) in regards to a Boat and Recreational Vehicle Storage use. Staff Report Page 4 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 6 outside notification area As of April 12, 2019: In Favor — 0 inside notification area — 1 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-03 Corpus Christi Storage Solutions, LLC\Council Documents\CC Report_0319-03 Corpus Christi Storage Solutions, LLC.docx SUBJECT PROPERTY Inda 5 1• hw Staff Report Page 5 -N RS -6 3 R,M-3 CHARLES DR HARK Gion OUNTISS DR RS 802 RS -TF CG -2 i} 4 8 }4 5 15 7 rig Cfoi:Ytl: &1 T1O19 Paepami 6y: ri•H Lapar-Jlwnr or L91.00p.r1, 59fYR. CASE: 0319-03 ZONING & NOTICE AREA 1W-1 Rilrailly1 IOI-s lamir.mlp' Y RN -2 ilcAtamlly o n Prole cclenS011be RN -AT Rrllramlly AT CN -1 N.Illrhorlrootl Comm. rola) CII•Y N.IYl1h,rereotl Comm. Mal CR -1 Re Lori Comm,rolal CR -2 Re co 01 Comm.rolal co, O,n.ral Comm, rolat CO -2 o.n.ralCommensal CI anSnRw Comm. roll CBC Downtown CommsYl CR -2 Re con Comm.mYl 1R Beim Rural R Naler.°Map pp En cine.. Part • Lilt !nduailal N v 1Ouch.N P11C - e-1 Oral qv -Overlay Ra -19 ==anb 10 Ra -0 -aRNY Ri4.0 : - 'ant 4.G Ra -TF Ra -10 !' --Nob 16 RE -:r. iei4.l Eclat. RSTH Tr'enhouaa Coco al Permfl RV fi3 crrratbnsa VBhJCB Pant pM H ManulaolUred Nome ria, 996 h re 0 �wnes n A4ty 4 Owners KICM2arrn led on X cones a`A^Yd vomes.yplle hcCpoanbn Staff Report Page 6 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826.3240. Personas con mcapacidades, aue tienen la intention de asistir a esta Junta v que reaureren servicios especiales, se les suplica que den aviso 48 oras antes de la junta Ilamando al departamento de servicios de desarrollo. al Humero (361) 826-3240 If you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting Si usted desea dinqirse ala commission durante la junta v su mgles es limitado, favor de Ilamar al Qepartamento de servicios de desarrollo al numero (361 ) 826-3240 al menos 48 horas antea solicitor untrspresente durante la Junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-03 , APR 11 20'9 CITY SECRETARY , -=:;. Corpus Christi Storage Solutions, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map. Tie prope-ty to be rezoned is described as 10224 Leopard Street and being 0.438 acre tract described in a deed recorded in Document No. 830120, Official Public Records of Nueces County. Texas and also being the south 75.00 feet of the Park Lot, Block 4. Highway Village, located on the north aide of Leopard Street, east of McKenzie Road, and west of Irma Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. April 17, 2019+ during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public heanng to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal either at home or office. or in person. by telephone call or by letter. Printed Name 1 U !O SO — 11-4) ciLoaie ISD Address Po S )()-1,66 City/State: ((-r 7Z T/L ( FAVOR i ) IN OPPOSITION Phone: 3tb/— 943 47/66 REASON. SEE MAP ON REVERSE SIDE INFOR Case No 19ZN1006 Property Owner ID0 Si nature Case No 0319-03 Project Manager. Andrew Dimas Email andrewd2Qcdexas corn Zoning Case #0419-03 Corpus Christi Storage Solutions, LLC. Rezoning for a Property at 10224 Leopard Street City Council Presentation May 21, 2019 Aerial Overview Subject Property at 10224 Leopard Street Vicinity Map 3:4:29,9 r rr.• N • ••• F. JAG OpenStreetrAir p and contribute's , Creative Commons -SbareAlke License (CC -84A) 3 Zoning Pattern SUBJECT PROPERTY • Ii111 4 Planning Commission and Staff Recommendation Denial of the "CG -2" General Commercial District in lieu thereof Approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Boat and Recreational Vehicle Storage" as described in Section 5.1.4.H "Self -Service Storage" of the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 3. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 4. Buffer Yard: A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. Special Permit Conditions 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Use Requirements: The use must adhere the to the requirements of Section 5.2.14 of the Unified Development Code (UDC) in regards to a Boat and Recreational Vehicle Storage use. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification 15 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 1 TM -ISD In Favor RS -6 CHARLES DR SUBJECT PROPERTY ff }4 8 UDC Requirements Buffer Yards: CG -2 to RS -6: Type C: 15' & 15 pts. Setbacks: N/A Parking: 1:250 GFA (Office) - Landscaping, Screening, and Lighting Standards. Uses Allowed: Retail, Offices, Vehicle Sales, Bars, and Storage Utilities sew CI! Water: 8 -inch ACP Wastewater: 10 -inch VCP Gas: 2 -inch Service Line Storm Water: Roadside Drainage AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting 5/21/2019 Second Reading Ordinance for the City Council Meeting 6/11/2019 DATE: April 22, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 701 McBride Lane CAPTION: Case No. 0419-01 Vernon and Jennifer Carr: Ordinance rezoning property at or near 701 McBride Lane from the "CG -2" General Commercial District and "RS -6" Single -Family 6 District to the "IL" Light Industrial District PURPOSE: The purpose of this item is to allow for the construction of a welding shop. BACKGROUND AND FINDINGS: The subject property is 0.909 acres in size. The owner is proposing a welding shop with only himself as the sole employee at this time. ALTERNATIVES: 1. Denial of the "IL" Light Industrial District. 2. Approval of the "IL" Light Industrial District (Requires 3/4 Vote). 3. Denial of the "IL Light Industrial District and in lieu thereof approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL" Light Industrial District is generally consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: X Operating o Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "CG -2" General Commercial District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0419-01 Vernon and Jennifer Carr: Ordinance rezoning property at or near 701 McBride Lane from the "CG -2" General Commercial District and "RS -6" Single -Family 6 District to the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Vernon and Jennifer Carr ("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, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG -2" General Commercial District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions and on Tuesday, May 21, 2019, 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 Vernon and Jennifer Carr ("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 being 0.909 acre tract being Lots 168, 167, and the east 25' of Lot 166, Ebony Acres Unit 2, located on the west side of McBride Lane, south of Hampshire Road, and north of Leopard Street (the "Property"), from the "CG -2" General Commercial District and "RS -6" Single -Family 6 District to the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 051045), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The 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 is a "Welding, Machine, and Tool Repair Shop" as described in Section 5.1.5.A "Light Industrial Service" of the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 3. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 4. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 5. Indoor Work: All welding and machine work shall occur only indoors. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. 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, 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. 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\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600E5070\@BCL@600E5070.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL©600E5070\@BCL©600E5070.docx Page 3 of 5 Exhibit A STATE OF TEXAS COUNTY OF NIECES Field notes of a 0.909 acre tract being Lots 168, 167, and thc east 25' of Lot 166, Ebony Acres Unit 2, as shown on a map recorded in Volume 10, Page 17, Map Records ol'Nucces County. Texas. Said 0.909 acrc tract heing more particularly described as follows: BEGINNING al a 5/8" re -bar found in the intersection of the west right of way of McBride Lane and the south right of way of I lampshire Road. for the northeast corner of said Lot 168, the northeast corner of this survey, and for the POINT of BEGINNING. THENCE with the common line of McBride Lane, said Lot 168. and this survey, South 00°41'47" East, a distance of 175.39 feet to a 5/8" re -bar found, in the west right of way of McBride Lane, for the northeast corner of Lot 121 of said Ebony Acres Unit 2, for the southeast corner of said Lot 168, and for the southeast corner of this survey. THENCE with the common line of said Lots 168, 167 and 166, said Lot 121, Lots 122 and 123 of said Ebony Acres Unit 2. and this survey, North 89°13'25" West, a distance of 225.94 feet to a 5/8" re -bar found in the north line of said Lot 123, the south line of said Lot 166, and for the southwest corner of this survey. THENCE North 00°40'49" West, a distance of 175.38 feet to a 518" re -bar found in the south right of way of Hampshire Road, in the north line of said Lot 166, and for the northwest corner of this survey. THENCE with the common line of -Hampshire Road, said Lots 166, 167, 168, and this survey, South 89°13'31" East. a distance of 225.89 feet to the POINT of BEGINNING of this survey, and containing 0.909 acres of land, more or less. Notes: 1.) Bearings arc based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 518" re -bar - steel re -bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day October 23.2019 and is correct to thc best of my knowledge and belief. RonalE. Brister, RPLS No. 5407 Date: October 24, 2014, Job No. 190409 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL©600E5070\©BCL©600E5070.docx Page 4 of 5 0 CG -2 HAMPSHIRE RD RS -6 ERIN DR HALL AVE Exhibit B 00 600 Feet CBRIDE•L•N SUBJECT PROPERTY IL Dale Created: 4/2/2019 Prepared Dy: JeremyM Department of Development Services CASE: 0419-01 SUBJECT PROPERTY WITH ZONING 1C Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 O 5 Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay RP Business Park IL Light Industrial IH Heavy Industrial PUS Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 5 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home WF. t4/ LOCATION MAP GIN SUBJECT PROPERTY 7.3 City of Corpus Christi -% C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600E5070\@BCL@600E5070.docx Page 5 of 5 Case No. 0419-01 Vernon and Jennifer Carr: Ordinance rezoning property at or near 701 McBride Lane from the "CG -2" General Commercial District and "RS -6" Single -Family 6 District 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 Vernon and Jennifer Carr ("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, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG -2" General Commercial District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions and on Tuesday, May 21, 2019, 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 Vernon and Jennifer Carr ("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 being 0.909 acre tract being Lots 168, 167, and the east 25' of Lot 166, Ebony Acres Unit 2, located on the west side of McBride Lane, south of Hampshire Road, and north of Leopard Street (the "Property"), from the "CG -2" General Commercial District and "RS -6" Single -Family 6 District to the "IL" Light Industrial District (Zoning Map No. 051045), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0419-01 Vernon and Jennifer Carr\Council Documents\Ordinance_ 0419-01 Vernon and Jennifer Carr.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.909 acre tract being Lots 168, 167, and the east 25' of Lot 166, Ebony Acres Unit 2, as shown on a map recorded in Volume 10, Page 17, Map Records of Nucces County, Texas. Said 0.909 acre tract being more particularly described as follows: BEGINNING ala 5/8" rc-har found in the intersection of the west right of way of McBride I.ane and the south right away of I lampshire Road. for the northeast corner of said Lot 168, the northeast corner of this survey, and for the POINT of BEGINNING. THENCE with the common line of McBride Lane, said Lot 168, and this survey, South 00°41'47" East, a distance of 175.39 fed to a 5/8" re -bar found, in the west right of way of McBride Lane, for the northeast corner of Lot 121 of said Ebony Acres Unit 2, for the southeast caner of said Lot 168, and for the southeast corner of this survey. THENCE with the common line of said Lots 168. 167 and 166, said Lot 121, Lots 122 and 123 of said Ebony Acres knit 2, and this survey, North 89°13'25" West, a distance of 225.94 feet to a 5/8" re -bar found in the north line of said Lot 123, the south line of said Lot 166, and for the southwest corner of this survey. THENCE North 00°40'49" West, a distance of 175.38 feet to a 5/8" re -bar found in the south right of way of Hampshire Road, in the north line of said Lot 166, and for the northwest corner of this survey. THENCE with the common line of Hampshire Road, said Lots 166, 167, 168, and this survey, South 8913'31" East. a distance of 225.89 feet to thc POINT of BEGINNING of this survey, and containing 0.909 acres of land, more or Tess. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum, 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" re -bar - steel re -bar set with yellow plastic cap labeled Brister Surveying. 1, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day October 23 2019 and is correct to thc best of my knowledge and belief. Ronal E. Brister, RPLS No. 5407 Date: October 24. 2014. Job No. 190409 Page 4 of 5 Exhibit B CG -2 HAMPSHIRE RD RS -6 HALL AVE 0 00 600 MCBR3DETN SUBJECT PROPERTY IL Date Created: 41'212019 Prepared By: JeremyM nonarlm ant of lovdnnmon, Conrinoe CASE: 0419-01 SUBJECT PROPERTY WITH ZONING 1C Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 pry PrOtOSSIOna l Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay 65-15 Single -Family 10 RSA Single -Family 13 R5.-4_5 Single -Family 4.5 R5 -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit By Recreational Vehicle Park RMH Manufactured Home AGNES SUBJECT PROPERTY ItSh_ *70CCM .6 LOCATION MAP 1 0 7aGNES City of Corpus Christi -7 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0419-01 INFOR No. 19ZN1007 Planning Commission Hearing Date: April 17, 2019 Applicant & Legal Description Owner: Vernon and Jennifer Carr Applicant: Vernon and Jennifer Carr Location Address: 701 McBride Lane Legal Description: Being 0.909 acre tract being Lots 168, 167, and the east 25' of Lot 166, Ebony Acres Unit 2, located on the west side of McBride Lane, south of Hampshire Road, and north of Leopard Street. Zoning Request From: "CG -2" General Commercial District and "RS -6" Single -Family 6 District To: "IL" Light Industrial District Area: 0.909 acres Purpose of Request: To allow for the construction of a welding shop. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial and "RS -6" Single -Family 6 Vacant Light Industrial North "CG -2" General Commercial and "RS -6" Single -Family 6 Vacant and Low Density Residential Light Industrial and Medium Density Residential South "CG -2" General Commercial and "RS -6" Single -Family 6 Vacant and Public/Semi-Public Light Industrial and Government East "IL" Light Industrial Light Industrial Light Industrial West "RS -6" Single -Family 6 Low Density Residential Light Industrial and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL" Light Industrial District is generally consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 051045 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 175 feet of street frontage along McBride Lane which is designated as an "01" Minor Collector Street and approximately 226 feet of street frontage along Hampshire Road which is designated as a Local/Residential Street. According to the Urban Transportation Plan, "C1" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume McBride60' Lane 01 Minor Collector ROW 40' paved 66' ROW 34' paved N/A Hampshire Road Local/Residential 50' ROW 28' paved 60' ROW 30' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District and "RS -6" Single -Family 6 District to the "IL" Light Industrial District to allow for the construction of a welding shop. Development Plan: The subject property is 0.909 acres in size. The owner is proposing a welding shop with only himself as the sole employee at this time. Existing Land Uses & Zoning: The subject property is currently zoned "CG -2" General Commercial District, consists of vacant land, and has remained undeveloped since annexation in 1954. To the north are properties zoned "CG -2" General Commercial District and "RS -6" Single -Family 6 District and consists of a vacant lot and single-family residences (Ebony Acres, 1946). To the south are a single-family residences (Ebony Acres, 1939) and a church zoned "CG -2" General Commercial District and "RS -6" Single -Family 6 District. To the east are various light industrial businesses and are zoned "IL" Light Industrial District. To the west are single-family residences (Ebony Acres, 1946) zoned "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8 -inch ACP line located along McBride Lane. Wastewater: 8 -inch PVC line located along Hampshire Road. Gas: 4 -inch Service Line located along McBride Lane. Storm Water: Inlets along Hampshire Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for Light Staff Report Page 3 Industrial uses. The proposed rezoning to the "IL" Light Industrial District is generally consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Where industrial land uses are proposed adjacent to existing or future residential areas, buffering techniques such as greater open space and privacy walls or landscaping should be required. (Westside ADP, Policy Statement B.4). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties. However, the properties to the east, across McBride Lane are light industrial uses. The proposed use does not have a negative impact upon the surrounding neighborhood. • Existing commercial properties to the north and south are zoned "CG -2" General Commercial District. • An increase in zoning district intensity next to a single-family neighborhood will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. • McBride Lane is essentially the dividing line between light industrial uses and commercial/residential uses on the Future Land Use map. • A small welding shop is a low impact commercial use. The limited hours of operation of 8:00 a.m. to 8:00 p.m. would reduce the chance of any potential negative impacts from occurring. Planning Commission and Staff Recommendation (April 17, 2019): Denial of the change of zoning from the "CG -2" General Commercial District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District 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 is a "Welding, Machine, and Tool Repair Shop" as described in Section 5.1.5.A "Light Industrial Service" of the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 3. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. Staff Report Page 4 4. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 5. Indoor Work: All welding and machine work shall occur only indoors. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. 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, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 5 outside notification area As of March 12, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0419-01 Vernon and Jennifer Carr\Council Documents\CC Report_0419-01 Vernon and Jennifer Carr.docx 14 15 HAMPSHIRE RD —HALL- AVE 0 Staff Report Page 5 0 400 000 Feet SUBJECT PROPERTY 10 !L Date Created. 4/212019 Prepared By: JeremyM Department of Development Services CASE: 0419-01 ZONING & NOTICE AREA RM -1 multifamily RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CRB CR3 FR BP Neighborhood Commercial Resort Commercial Resort Can merclal General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Fenn Rural Historic Overlay Business Park IL Light In Obstrial IR Heavy Industrial Pup Planned Unit Bev_ Overlay RS -10 Single -Family 10 RS -5 Single -Family 6 RS -4.5 Single -Family 4.3 RS -TF Teo -Family 35-16 Single -Family 15 RE Residential Estate R0-TH Townhouse SP Speoia1 Permit RV Recreational Vehicle Park RMH Manufactured Home 5wuB)ect PropeAy O Owners tb 200' balfer Th fever 4 oweer wmm2ob'rwrecr,n X owners attached ownership [abk �n sppesitian i17 ilh w. City of Christi O. I / 2 7 18 13 RS -0 IIIA 17 9 11 12 19 —HALL- AVE 0 Staff Report Page 5 0 400 000 Feet SUBJECT PROPERTY 10 !L Date Created. 4/212019 Prepared By: JeremyM Department of Development Services CASE: 0419-01 ZONING & NOTICE AREA RM -1 multifamily RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CRB CR3 FR BP Neighborhood Commercial Resort Commercial Resort Can merclal General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Fenn Rural Historic Overlay Business Park IL Light In Obstrial IR Heavy Industrial Pup Planned Unit Bev_ Overlay RS -10 Single -Family 10 RS -5 Single -Family 6 RS -4.5 Single -Family 4.3 RS -TF Teo -Family 35-16 Single -Family 15 RE Residential Estate R0-TH Townhouse SP Speoia1 Permit RV Recreational Vehicle Park RMH Manufactured Home 5wuB)ect PropeAy O Owners tb 200' balfer Th fever 4 oweer wmm2ob'rwrecr,n X owners attached ownership [abk �n sppesitian i17 ilh w. City of Christi Zoning Case #0419-01 Vernon and Jennifer Carr Rezoning for a Property at 701 McBride Lane City Council Presentation May 21, 2019 Aerial Overview Subject Property at 701 McBride Lane Vicinity Map N At t■ • ro 4.1.V050m N spur [c] OpenStreetMap and cp tribut rs, Creative Commar�,sS,are Alike License (CC -BY -SA) p` 3 Zoning Pattern Planning Commission and Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CG-2/SP" General Commercial District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Welding, Machine, and Tool Repair Shop" as described in Section 5.1.5.A "Light Industrial Service" of the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 3. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 4. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. Special Permit Conditions 5. Indoor Work: All welding and machine work shall occur only indoors. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. 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, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification 19 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 CG -2 ERIN -DR SUBJECT PROPERTY 800 0 U X IL Date Created: aarspie RepareC Sy; JcremyM 8 UDC Requirements SUBJECT P�RO?EfRTY reran m r Daveroam-eht Se.orres Buffer Yards: IL to RS -6: Type D: 20' & 20 pts. IL to CG -2: Type A: 10' & 5 pts. Setbacks: Street: 20 feet Parking: 1:250 sq. ft. GFA Landscaping, Screening, and Lighting Standards. Uses Allowed: Retail, Offices, Vehicle Sales, Bars, and Storage Utilities Water: 8 -inch ACP 1 Wastewater: IF 8 -inch PVC Gas: 4 -inch Service Line Storm Water: On -street inlets AGENDA MEMORANDUM Action Item for the City Council meeting of May 21, 2019 DATE: TO: Peter Zanoni, City Manager May 6, 2019 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing submission of grant application for $418,087 to Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant with a City cash match of $702,757, in-kind match of $62,046, and program income match of $3,851 for a total project cost of $1,186,741. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 19 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and two civilians. The civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for four sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $34,841 $383,246 $418,087 BALANCE Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Auto Theft Grant Org Program Income Project # (CIP Only): Account: 510000 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division Project # (CIP Only): Account: 510000 Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing submission of grant application for $418,087 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant with a City cash match of $702,757, in-kind match of $62,046, and program income match of $3,851 for a total project cost of $1,186,741. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $418,087 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 19 with a City cash match of $702,757, in-kind services of $62,046, and a program income match of $3,851, for a total project cost of $1,186,741 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. 2 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of May 21, 2019 DATE: May 21, 2019 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Kim Baker, Director of Contracts and Procurement Department Kim b2(c�cctexas.com (361) 826-3169 Custodial Services for Outlying Police Buildings CAPTION: Resolution authorizing a 12 -month service agreement for custodial services for outlying police buildings with Ernestina Luna, dba Unified Service Associates of San Antonio, Texas for an amount not to exceed $109,395.96, with two 12 -month options for a potential total amount not to exceed $328,187.88. PURPOSE: This item is to approve a 12 -month service agreement for custodial services for outlying police buildings for the Police Department with options to extend for up to two additional 12 -month periods. BACKGROUND AND FINDINGS: Custodial services will be performed at ten outlying police buildings throughout the City. This service will provide an adequate number of custodians that will work Monday through Sunday to perform the services required. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids from qualified firms to provide custodial services for outlying police buildings. The City received four responsive, responsible bids and one non -responsible bid. Staff recommends award to the lowest, responsive, responsible bidder, Unified Service Associates. 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: Police Department FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $263,816.26 $291,722.56 $555,538.82 Encumbered / Expended Amount $26,746.76 $0.00 $26,746.76 This item $36,465.32 $291,722.56 $328,187.88 BALANCE $200,604.18 $0.00 $200,604.18 Funding Detail: Fund: 1020 General Fd Organization/Activity: 11870 Police Building Maint & Oper Mission Element: 151 Respond to Calls for Law Enforcement Services Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement 2125 Bid Tabulation Resolution authorizing a 12 -month service agreement for custodial services for outlying police buildings with Ernestina Luna, dba Unified Service Associates of San Antonio, Texas for an amount not to exceed $109,395.96, with two 12 -month options for a potential total amount not to exceed $328,187.88. WHEREAS, custodial services for ten outlying police buildings will be provided to the Police Department; WHEREAS, the City received four responsive, responsible bids and one non - responsible bid for the custodial services for outlying police buildings in response to RFB 2125 of which the lowest responsive, responsible bidder may be awarded the custodial services; WHEREAS, the incumbent firm, Hilario Ortega, Jr., dba A Plus Janitorial and Mowing ("A Plus Janitorial"), submitted a bid for the custodial services for outlying police building; WHEREAS, A Plus Janitorial did not satisfactorily perform under its previous agreement with the City, requiring the City to provide a default notice dated April 11, 2019; WHEREAS, A Plus Janitorial did not cure the defects that were referenced in the default notice provided to it; WHEREAS, RFB 2125 provided that in determining a bidder's responsibility, the City may consider "ability, capacity, experience, efficiency and integrity of the bidders," and that a bidder may be disqualified if the bidder has "defaulted on previous contracts with the City," A Plus Janitorial is deemed non -responsible and is disqualified from consideration; WHEREAS, the lowest responsive, responsible bidder is Unified Service Associates of San Antonio, Texas in the amount of $109,395.96; WHEREAS, state law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, in the event the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded items, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement custodial services. Page 1 of 2 Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorizations of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for the custodial services for outlying police buildings with Unified Service Associates of San Antonio, Texas, for an amount not to exceed $109,395.96 with two additional 12 -month renewal options with a potential total amount not to exceed $328,187.88. A copy of the agreement will be on file in the Office of the City Secretary. Section 3. In the event that the bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded items, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement custodial services. The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas day of , 2019 Page 2 of 2 SERVICE AGREEMENT NO. 2125 Custodial Services for Outlying Police Buildings THIS Custodial Services for Outlying Police Buildings Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Ernestina Luna dba Unified Service Associates ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Services for Outlying Police Buildings in response to Request for Bid/Proposal No. 2125 ("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 Custodial Services for Outlying Police Buildings ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12 -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. This Agreement is for an amount not to exceed $109,395.96, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form April 30, 2019 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Pat Eldridge Police Department Phone: 361-886-2696 Email: Pat@cctexas.coml 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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form April 30, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form April 30, 2019 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St., Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: 361-886-2607 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form April 30, 2019 IF TO CONTRACTOR: Ernestina Luna dba Unified Service Associates Attn: Samuel J. Salas Title: General Manager Address: 414 N. General McMullen Ste.1 1 1, San Antonio, TX 78237 Phone: (210)-473-1835 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, 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form April 30, 2019 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form April 30, 2019 CONTRACTOR Signature: Printed Name: m« /ctS Title: �en Marky9e.r Date: CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 2125 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form April 30, 2019 Attachment A: Scope of Work 1. General RequirementsZBackground Information The Contractor shall provide custodial services as outlined in this Scope of Work. Custodial services apply to all designated spaces including, but not limited to halls, restrooms, office spaces, reception areas, conference rooms, court rooms, auditorium, showers, locker rooms, parking lots, work areas, entrance ways, lobbies, storage areas, elevators, warehouse areas, stairways and stairwells. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified in the scope of work. 2. Scope of Work A. Contractor Employees 1. The Contractor will furnish an adequate number of employees to perform all work specified within the contract. This will include an on-site supervisor to accompany the work crew after City normal working hours. Work accomplished during normal working hours will be monitored periodically, but does not require an on-site supervisor. 2. The Contractor employees' responsibilities include turning off all lights and securing all windows and doors as each job site is completed. 3. All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee shall wear a picture style identification card on the upper outer garment. Such garment and identification will be provided by the Contractor and must be approved by the Contract Administrator. Contractor employees found without approved uniform, outer garments or ID's will be removed from the building. 4. Contractor's employees shall conduct themselves in a professional and efficient manner at all times. The Contractor expressly agrees to remove from the site any employee: a. Whose continued employment is deemed by the Contract Administrator to be contrary to the Public interest or inconsistent with the best interests of the City; or b. Who has submitted false or misleading information on any employee information form, i.e., Personal History Statement; or c. Who is found to be in a High Security Area while not in the company of a Police Department employee. 5. The Contractor shall have sufficient equipment, supplies, and personnel to perform all of the work as specified with a minimum of one person per location. Page 1 of 12 B. The Contractor will be familiar with and require its employees to become familiar with the method (s) for activating the fire alarm. The Contractor and their employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for the handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. C The Contractor will be responsible for the management of the total custodial effort. This is to include at least the following: the planning and programming for all services described herein, a Quality Control Program record and reporting requirements. D The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator but not less often than monthly. A mutual effort will be made to resolve all problems identified. E. Normal Contractor Working Hours: 1. All work will be performed at the work site during the hours outlined below: Location Address Sq. Ft. Flooring Hours Animal Care, including parking lot 2626 Holly Rd. 25,000 Tile 6 Days Per Week Monday -Saturday 8:OOam-12:OOpm Background Investigations 805 Comanche St. 2nd Floor 5,000 Carpet 5 Days Per Week Monday -Friday 1:OOpm-4:OOpm Professional Standards, including parking lot 5805 Williams Dr. 10,000 Carpet/Tile 5 Days Per Week Monday -Friday 1:OOpm-5:OOpm Training Center, including parking lot 4510 Corona Dr. 28,000 Carpet/Tile 5 Days Per Week Monday -Friday g:OOam 12:OOpm Calallen Substation 1925 Tuloso Rd 3,090 Carpet 5 Days Per Week Monday Friday 8:00am-5:00pm including holidays Flour Bluff Substation 1456 Waldron Rd. 1,000 Tile 7 Days Per Week Monday Sunday 8:00am-1 1:00am including holidays Page 2 of 12 Location Address Sq. Ft. Flooring Hours Public SafetyMonday-Friday Warehouse 1501 Holly Rd., 1st and 2nd floor 10,000 Carpet/Tile 5 Days Per Week 1.00 m-5:00 m p p including holidays Vehicle Impound, including parking lot 5485 Greenwood Dr. 530,000 Tile 7 Days Per Week Monday -Sunday 1:30pm-5:OOpm including holidays Shooting Range 9600 Hearns Ferry Road 2,500 Tile 2 Days Per Week Saturday and Sunday 9:OOam-5:OOpm CT Police FleetMonday, Building 5 5352 Ayers 3,000 Tile 3 Days Per Week Wednesday, Friday 5:30pm- 12:OOam (midnight) 2. Locations designated as five days per week must be cleaned Monday through Friday excluding the designated City holidays outlined below: a. The first day of January (New Year's Day) b. The last Monday of May (Memorial Day) c. The fourth day of July (Independence Day) d. The first Monday of September (Labor Day) e. The fourth Thursday of November (Thanksgiving Day) f. The 25th day of December (Christmas Day) g. One holiday to be determined by the City When a holiday listed above falls on a Sunday, the following business day shall be considered as a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor, upon approval of the City Council. 3. Those designated as seven days per week must be cleaned every day including holidays. 4. The locations designated restricted or high security, which require Police personnel presence, will be cleaned between 8:OOam and 5:OOpm Monday through Friday, excluding City designated holidays. F. Access to Police Facilities - It is the Contractor's responsibility to initially obtain keys from the Contract Administrator for access to all designated areas for cleaning. All keys will be returned on the last effective date of the Contract or the City shall deduct from contractor's last invoice, an amount equal to a $200.00 fine for each key not turned in to the City. Page 3 of 12 1. Access to cleaning areas not considered high security areas will be provided by a set of keys issued to Contractor for the supervisor on site. Keys will not be duplicated for any reason. Access to and cleaning in restricted or high security areas will be during normal working hours while City employees are present. 2. The Contractor will be liable for the loss of any goods, materials, or records which occur as a result of negligence on the part of the Contractor or Contractor employees. G. Water and electric power as required for the work in this contract are available at existing outlets at no cost to the Contractor. H. Custodial Cleaning Requirements 1. Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furnishings will be restored to their proper locations after cleaning has been completed. 2. The Contractor will submit to the Contract Administrator for approval a schedule which corresponds to the required tasks and frequencies. General performance requirements for the work are further defined as follows: a. FLOORS i. Tile Floors (Sweep, Mop, & Buff) • Daily - All vinyl tile floors will be mopped with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains, and foreign matter. • Daily - When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. • Daily - Floors will be treated with a rejuvenator or finishing compound as necessary and buffed when completely dry to provide a uniform glossy appearance. • Daily - All baseboards, doors and walls will be cleaned of any mop and buffer splatters. • Daily - Contractor will ensure that contract employees observe all safety precautions including the posting of warning such as Wet Floors. • Weekly - Floors will be buffed. • Every 6 months - Strip and wax flooring to a high buff finish. (as needed see contract administrator) ii. Carpeted Floors & Rugs (Vacuum & Spot Clean) • Daily - Carpeted areas, rugs, and mats will be vacuumed free of all loose soil and debris. • Daily - Unusual spots, spills, streaks, or stains will be spot cleaned with an approved cleaner. Page 4 of 12 • Every 6 months - Shampoo and dry all carpets. b. RESTROOMS & SHOWER STALLS i. Daily - (Monday thru Friday) All public restrooms will be cleaned twice daily approximate times 10:OOam and 2:OOpm. The night shift will conduct a third cleaning ii. Daily - (Monday thru Friday between 8:OOam-5:OOpm) Private office restrooms will be cleaned once daily. iii. Daily - Restroom fixtures, urinals, lavatories, and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt. iv. Daily - The floor will be wet mopped with a disinfectant. v. Daily - Floor mats where provided by the City will be cleaned free of dirt and stains. vi. Daily - Walls and partitions will be cleaned free of dirt, streaks, stains, and graffiti to the ceiling. vii. Daily - Mirrors will be cleaned and polished. viii. Daily - All metal and hardware will be clean and bright. ix. Daily - Showers, walls, and floors will be scrubbed free of soap film, dirt, and mildew with an approved cleaner daily. x. Daily - All waste receptacles will be emptied and trash deposited in dumpster outside the building. xi. Daily - All restroom supply holders including paper towels, toilet tissue, paper toilet seat covers, and soap dispensers will be cleaned and filled daily. xii. Twice Weekly - (Mondays & Thursday) An approved liquid live bacterial cleaner will be applied to all restrooms and shower floor drains on assigned days. xiii. Once Weekly - Hard water deposits will be removed weekly from all metal hardware such as water faucets and drinking fountains with approved cleaner. xiv. Monthly - The floor will have a detailed scrubbing including all edges and corners. c. OFFICES, OPEN OFFICE SPACE and CONFERENCE ROOMS i. Daily - Waste baskets will be emptied and a new trash can liner must be installed if needed, remove torn or wet liners. ii. Daily - White boards, where present, will be erased and washed clean along with trays. iii. Daily - Thoroughly clean all glass surfaces and doors, including glass in doors and partitions. Page 5 of 12 iv. Daily - Door, woodwork trim, benches, walls, and wall partitions will be wiped and spot free. v. Daily - Chairs in conference rooms will be neatly arranged around the conference table to present a neat appearance. vi. Daily - Paper Shredding Machines will be emptied, cleaned and have a new plastic trash bag installed when needed. vii. Weekly - Conference Rooms with wood paneling, wood table, and wooden chairs will be cleaned and polished with a thin layer of furniture polish. viii. Weekly - All furniture, desks, equipment including personal computers, printers, kitchen appliances, snack machines, horizontal ledges, and window sills will be dusted. ix. Weekly - All desks and tables free of papers, documents, and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance. x. Monthly - Waste baskets will be washed clean free of dirt monthly and when needed if wet or messy. d. LOBBIES, ENTRANCES, & RECEPTION AREAS i. Daily - All furniture, fire apparatus, doors, horizontal lodges, and window sills will be dusted and wiped free of dirt and smudges. ii. Daily - Drinking fountains will be cleaned and disinfected. iii. Daily - Glass windows and walls both inside and out along with railings will be cleaned free of soil and markings including entrance glass doors. iv. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. v. Daily - All trash will be deposited in dumpster outside the building. vi. Daily - Miscellaneous hardware and bright metal work will be wiped clean daily. vii. Daily - The thresholds will be swept and cleaned to remove any debris caught in the tracks. viii. Weekly - The door thresholds will be polished with approved cleaner. ix. Weekly - Miscellaneous hardware and bright metal work will be polished once a week. x. Weekly - Drinking fountain surfaces are to be polished free of stains, smudges, and chemical scale build up. e. STAIRS & STAIRWELLS i. Daily - Interior stair landings and steps will be swept daily. Page 6 of 12 ii. Weekly - Interior stair landings and steps will be swept, scrubbed, and damp mopped weekly. No wax will be applied to any landing or stairs. iii. Weekly - Hand railings, ledges, grills, fire apparatus, and doors will be cleaned and dusted. f. ELEVATORS - PUBLIC SAFETY WAREHOUSE i. Daily - All surfaces in the interior and exterior of the elevator cab will be cleaned and polished daily. ii. The one passenger elevator will be cleaned daily. iii. Daily - Stainless steel areas will be cleaned with an approved stainless steel cleaner. iv. Daily - Laminate walls will be wiped with an approved cleaner. v. Daily - Vinyl tile floors will be swept and mopped free of all loose soil and debris. vi. Weekly - Vinyl tile floors will be waxed and buffed weekly to assure a shiny, clean appearance. g. REFUSE DISPOSAL i. Daily - All loose trash removed from the buildings will be placed in plastic bags deposited in outside dumpster. ii. Daily - All boxes small or larger will be broken down prior to placing in the dumpster. iii. Daily - If requested, the Contractor will pick up and deposit recyclable waste such as computer paper and aluminum cans in containers separate from the general refuse. The City will provide separate containers for deposit of recyclable materials. h. KITCHEN, BREAK ROOMS, and VENDING AREA i. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. ii. Daily - All trash will be deposited in dumpster outside the building. iii. Daily - All furniture, equipment, appliances, horizontal ledges, and window sills will be dusted. iv. Daily - Stove tops, counter tops, sinks, and the exterior of refrigerator, freezers, microwaves, and conventional ovens will be washed clean free of dirt and foreign material. v. Daily - All tables, chairs, doors, woodwork, walls, and cabinets will be wiped clean. vi. Daily - Chairs will be neatly arranged around the table(s). vii. Daily - Thoroughly clean all glass surfaces. Page 7 of 12 i. HIGH CLEANING i. Monthly - Clean all window blinds and office windows to remove all lint, litter, and soil. ii. Monthly - Clean all air vents in offices, conference rooms, and public spaces to remove all lint, litter, and soil. iii. Monthly - Clean all light fixtures, globes, reflectors, and plastic panels will be cleaned - free of bugs, dust, grease and other foreign matter. EXTERIOR i. Daily - (Monday through Friday) All areas exterior to the buildings consisting of entrance stairs, landings, ramps, and parking lots. (Note: Vehicle Impound has the largest parking lot), sidewalks, exterior landscaped areas, and porches will be maintained free of trash and refuse (including small paper, leaves, empty bottles, cans, cigarette butts, and gum). Please refer to attached Exhibit A-1 Scope of Work: Impound Lot Exterior Perimeter. Circled in the attached photo are the areas that need to be serviced at the Impound Lot besides the trailer office. Those areas include: the front parking spaces outside the fence, the fence line behind the parking spaces, the public ramp outside the front of the trailer office, the fence along the public ramp, the exterior window on the ramp and the back area of the office trailer. II. Daily - Trash will be removed from waste and cigarette receptacles located outside the entrances. iii. Daily - (Monday through Friday) Immediately in front of entrances are to be swept to the far edge of the sidewalk. Scrub and remove any bird defecation or gum. iv. Daily - (Monday through Sunday) must check the exterior for any obvious trash in the parking lot especially along the fence line. 3. Work Site and Conditions The City will make available to the Contractor either a janitorial closet or a storage cabinet at each building for janitorial supplies and equipment. Access to the water closets will be shared. The Contractor will assume responsibility for safekeeping of supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on its part or on the part of its employees. The City will not provide any office space to the Contractor. The Contractor is responsible for securing and maintaining the office space necessary for the performance of his work. The Contractor will maintain a telephone by which Contractor's Page 8 of 12 representative and supervisor can be reached during normal City working hours, Monday through Friday, except City designated holidays, 8:00 a.m. through 5:00 p.m 4. 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. B. All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three working days with appropriate corrective action. C. Consequences of Contractor's failure to perform required services: 1. Whenever unsatisfactory services are performed, the City will give the Contractor written notice of deficiencies via email notices. 2. The parties hereto agree that due to the obligations of the Contractor to maintain an effective inspection system, the Contractor is conclusively presumed to have knowledge of any unsatisfactory or incomplete work. D. In the case of unsatisfactory or incomplete work, the City will have the option to: 1. Afford the Contractor the opportunity to perform the work within three hours or within an agreed timeframe, in the case of daily services, 2. or afford the Contractor the opportunity to perform the work within 24 hours in the case of all other services. 3. Contractor shall not use the on-site custodian if it results in the non -completion of the minimum 8:00 a.m. to 5:00 p.m. requirements (restricted or high security areas and twice a day requirements), but will either: a. bring in a different custodian; b. Perform the services by other means; or c. Terminate the contract as described in this Agreement; unless d. At the discretion of the Contract Administrator, the City agrees to either have City staff perform the work or hire another firm to complete the work and back -charge the Contractor. E. Superintendence by the Contractor 1. The Contractor will have a competent Manager immediately available during normal working hours 8:OOam to 5:OOpm, including lunch hour, Monday through Friday, excluding City holidays. 2. Manager must be able to respond by phone or in person within 30 minutes and have immediate communications with on-site workers. Page 9 of 12 3. No services shall be performed unless approved supervisor is in place. If requested by City, Contractor agrees to replace person in supervisor position in order to meet this requirement. 4. Manager will visit and inspect the work site at least twice a month. Manager or owner(s) will schedule time/date of monthly visits with the Contract Administrator. 5. Manager will have the written authority to speak and act for the Contractor. 6. Changes in personnel will be furnished to the Contract Administrator, in writing prior to making such changes or before personnel begin working on the property. 5. Special Instructions A. Supplies 1. The Contractor will provide all cleaning materials and supplies necessary for the performance of this contract with the exception of restroom consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, and liquid soap which will be furnished by the City. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. 2. The Contractor is responsible for taking action to protect supplies, equipment, and personal property of its employees from loss, theft, or damage. B. Equipment - The Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. C. Security Requirements - The Contractor will comply with all City Security requirements as follows: 1. Due to the nature of Police information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. 2. The Contractor will submit the name, address, social security number, birth, copy of driver's license or picture ID of each employee hired for this contract, as well as complete a Personal History Statement and other forms as required for security. It will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Police areas. 3. Contractor employees found to be working in any Police area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500.00 for each employee, per instance. 4. There are designated restricted or high security areas that are of even higher concern where Contractor employees must be accompanied by the Police employee at all times. Contractor employees found to be working in any Police restricted or high security area who have not been cleared in advance Page 10 of 12 or is unaccompanied by a Police employee will be required to leave the area immediately and the Contractor will be fined $500.00 for each employee per instance. 5. The Contractor will have a supervisor available during all periods the building is being cleaned. D. Accident Reporting - The Contractor will maintain an accurate record of and will report to the Contract Administrator all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within 24 hours of their occurrence. E. Invoices A. Contractor's invoices will be submitted to the City's Accounts Payable Department with copies to the Contract Administrator and or designee within five working days following the end of each month in which services are performed. B. Invoices submitted prior to the end of the period will not be processed until the period has been completed. C. The original of each invoice will have attached a summary of work performed and charges. D. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. E. Payment will be based on a monthly charge based upon the contract price. Page 1 1 of 12 Exhibit A-1 Scope of Work: Impound Lot Exterior Perimeter 2D G o o gl e • . -re 4 ler 111111).• StJohns Baptist Church r. • , -o- te. t misparmr.tr--,..-- 4. r - vilk__M • 4. 27.4419"N 97.26'59"W 976 ft Page 12 of 12 Date: 4/3/19 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 2125 Custodial Services for Outlying Police Buildings PAGE 1 OF 1 Authorized Bidder: Unified Service Associates Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price per Month Total Price 1 Animal Care Division, including parking lot - 2626 Holly Rd. MO 12 1,678.49 20,141.88 2 Background Investigations - 805 Comanche St., 2nd Floor MO 12 638.59 7,663.08 3 Professional Standards, including parking11,338.44 lot - 5805 Williams Dr. MO 12 944.87 4 Training Center, including parking lot- 4510 Corona Dr, MO 12 1,624.10 19,489.20 5 Calallen Substation - 1925 Tuloso Rd, MO 12 622.67 579.81 7,472.04 6,957.72 11 338.44 , 6 Flour Bluff Substation - 1456 Waldron Rd. MO 12 Public Safety Warehouse -1501 Holly Rd., 1st and 2nd Floor MO 12 944.87 8 Vehicle Impound, including parking lot - 5485 Greenwood Dr. MO 12 1,128.70 13,544.40 9 The Shooting Range -9600 Hearns Ferry Road. MO 12 411.69 4,940.28 10 Police Fleet Building 5- 5352 Ayers St. MO 1 2 542.54 Grand Total 6,510.48 1'09,395.96 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. 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. 2. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management 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) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 Page 1 of 3 3. 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. B. ADDITIONAL REQUIREMENTS 1. 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. 2. 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. 3. 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 4. 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. Page 2 of 3 5. 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. 6. 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. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Purchasing Custodial Services 02/18/2019 sw Risk Management Bond Requirements: No bond requirements necessary for this Service Agreement; Section 5 (B) is null for this Service Agreement. Page 3 of 3 Attachment D: Warranty Requirements No product warranties are required; therefore, Section 8(A) and 8 (B) are null for this agreement. BID TABULATION CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BUYER: JOHN ELIZONDO RFB NO. 1995 Custodial Services for Outlying Police Buildings ITEM LOCATION DESCRIPTION UNIT QTY Unified Service Associates San Antonio, TX ABM Texas General Services, Inc. Corpus Christi, TX World Technical Services, Inc. San Antonio, TX Ace Global Corpus Christi, TX *A Plus Janitorial & Mowing Corpus Christi, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Animal Care Division, including parking lot - 2626 Holly Rd. MO 12 $1,678.49 $20,141.88 $1,965.81 $23,589.72 $1,771.93 $21,263.16 $1,710.00 $20,520.00 2 Background Investigations - 805 Comanche St., 2nd Floor MO 12 $638.59 $7,663.08 $632.26 $7,587.12 $867.35 $10,408.20 $1,456.48 $17,477.76 3 Professional Standards, including parking lot - 5805 Williams Dr. MO 12 $944.87 $11,338.44 $1,035.03 $12,420.36 $798.90 $9,586.80 $1,150.55 $13,806.60 4 Training Center, including parking lot - 4510 Corona Dr. MO 12 $1,624.10 $19,489.20 $1,629.12 $19,549.44 $1,779.02 $21,348.24 $3,498.96 $41,987.52 5 Calallen Substation - 1925 Tuloso Rd. MO 12 $622.67 $7,472.04 $668.45 $8,021.40 $868.46 $10,421.52 $996.80 $11,961.60 6 Flour Bluff Substation - 1456 Waldron Rd. MO 12 $579.81 $6,957.72 $599.20 $7,190.40 $680.32 $8,163.84 $718.65 $8,623.80 7 Public Safety Warehouse - 1501 Holly Rd., 1st and 2nd Floor MO 12 $944.87 $11,338.44 $1,200.15 $14,401.80 $1,743.26 $20,919.12 $2,369.30 $28,431.60 8 Vehicle Impound, including parking lot - 5485 Greenwood Dr. MO 12 $1,128.70 $13,544.40 $989.22 $11,870.64 $865.63 $10,387.56 $1,706.25 $20,475.00 9 The Shooting Range - 9600 Hearns Ferry Road MO 12 $411.69 $4,940.28 $394.62 $4,735.44 $534.58 $6,414.96 $996.80 $11,961.60 10 Police Fleet Building 5 - 5352 Ayers St. MO 12 $542.54 $6,510.48 $434.07 $5,208.84 $524.09 $6,289.08 $685.29 $8,223.48 Grand Totals $109,395.96 $114,575.16 $125,202.48 $183,468.96 * Note: A Plus Janitorial & Mowing was found to be non -responsible; therefore, the firm's bid was not considered. AGENDA MEMORANDUM One -Reading Ordinance for the City Council Meeting 5/21/2019 DATE: May 16, 2019 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning and Environmental Services DanielMc(c�cctexas.com (361) 826-7011 One Reading Ordinance — Creating Industrial Districts No. 5, 6, and 7 CAPTION: Ordinance authorizing the establishment of Industrial Districts No. 5, 6, and 7 within the extraterritorial jurisdiction of the City of Corpus Christi, Texas; and authorizing industrial district agreements with various property owners within the industrial districts in San Patricio County; and declaring an emergency. PURPOSE: To create new industrial districts in San Patricio County. BACKGROUND AND FINDINGS: The City currently has three industrial districts in its extraterritorial jurisdiction in Nueces County. Staff recommends the creation of new Industrial Districts No. 5, 6, and 7 in the City's extraterritorial jurisdiction in San Patricio County to encompass the boundaries of three industrial facilities that exist in San Patricio County and have requested industrial district agreements in lieu of annexation. The proposed form Industrial District Agreement contains the same payment terms that the City has used for its current agreements in Nueces County, except that it does not reference grandfathered improvements as no entity in San Patricio County was subject to the previous industrial district agreement. The agreement also updates any reference to the Nueces County Appraisal District to confirm that the values will be determined by the San Patricio County Appraisal District. The facilities to be included in the new industrial districts are two facilities on property that is within the former Sherwin Alumina site as well as the TPCO facility. ALTERNATIVES: City Council could choose not to approve the ordinance and to annex the property instead. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed item is consistent with City policy and the Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial area of the city and ETJ." EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Planning, Development Services, and the City Manager's Office FINANCIAL IMPACT: ❑ Operating Revenue Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of ordinance that will create Industrial Districts 5, 6, and 7, and approval of the standardized form Industrial District Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance with form Industrial District Agreement Presentation ORDINANCE AUTHORIZING THE ESTABLISHMENT OF INDUSTRIAL DISTRICTS NO. 5, 6, AND 7 WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS; AND AUTHORIZING INDUSTRIAL DISTRICT AGREEMENTS WITH VARIOUS PROPERTY OWNERS WITHIN THE INDUSTRIAL DISTRICTS IN SAN PATRICIO COUNTY; AND DECLARING AN EMERGENCY. WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, the City Council passed Ordinance No. 029958 to reestablish the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1" and "Industrial District No. 2"; and WHEREAS, an area of the City's extraterritorial jurisdiction has been informally referred to as Industrial District No. 3 and the use of such name for a new Industrial District may cause confusion; and WHEREAS, the City Council created Industrial District No. 4 by Ordinance No. 031721; and WHEREAS, it is in the best interests of the citizens of the City of Corpus Christi to create additional industrial districts to be named Industrial District No. 5, Industrial District No. 6, and Industrial District No. 7 over a portion of the City's Extraterritorial Jurisdiction in San Patricio County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Industrial District No. 5 is hereby established as described in Metes and Bounds Description of Industrial District No. 5 attached hereto and incorporated herein. SECTION 3. Industrial District No. 6 is hereby established as described in Metes and Bounds Description of Industrial District No. 6 attached hereto and incorporated herein. SECTION 4. Industrial District No. 7 is hereby established as described in Metes and Bounds Description of Industrial District No. 7 attached hereto and incorporated herein. SECTION 5. The City may create new Industrial Districts, and expand or diminish the size of any Industrial District and the City hereby reserves all rights and powers it may have or acquire to revoke in whole or in part the creation of all or any part of an Industrial District, except to the extent that it has agreed not to do so in any industrial district agreement. SECTION 6. The City Council approves and authorizes industrial district agreements with owners and lessees of land and improvements included within the newly created Industrial Districts, in substantially the form attached hereto and incorporated herein as Industrial District Agreement. The City Manager, or his designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. SECTION 7. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 21st day of May, 2019. PASSED AND APPROVED, this the day of , 2019. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Metes and Bounds Description of Industrial District No. 5 NASHTEC L.L.C. 4.3917 ACRES METES AND BOUNDS DESCRIPTION Being 4.3917 acres of land situated in the Thomas T. Williamson Survey (Abstract No. 290) in San Patricio County, Texas and being out of and a part of the remainder of a called 1,610.0 acre tract of land described in a Warranty Deed from BPU Reynolds, Inc. to Sherwin Alumina, L.P., dated August 10, 2001, recorded in Instrument #502130 of the San Patricio County Official Records. Said 4.3917 acre parcel being more particularly described as the following described 7.4984 acre parcel less and except the following three (3) tracts of land (situated within or inside the boundaries of said 7.4984 acres) described in a Special Warranty Deed from Sherwin Alumina, L.P. to Nashtec L.P., dated December 17, 2004, recorded in Instrument #539596 of the San Patricio County Official Records: 1) that 2.557 acre tract described as Parcel A 2) that 0.5474 of an acre tract described as Parcel B 3) that 0.0023 of an acre tract described as Parcel C All deed references herein are to said San Patricio County Official Records unless otherwise noted. Metes and bounds description of said 4.3917 acres is as follows: BEGINNING at a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the northeast corner of said 4.3917 acre parcel, from which a 5/8" iron rod with plastic cap stamped "RPLS 3583" found in the southerly East line of said 1,610.0 acres, for the South corner of the Reynolds/Alcoa called 341.3 acre tract of land described as Retained Tract #2 recorded in Instrument #502130 bears North 26° 03' 09" East, a distance of 453.94 feet; THENCE across and severing said Sherwin Alumina, L.P. remainder of 1,610.0 acre tract, the following sixteen (16) courses: 1) South 00° 27' 45" East for a distance of 1,399.65 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 2) South 89° 18' 17" West for a distance of 118.98 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 3) South 00° 05' 37" East for a distance of 222.82 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 4) North 89° 22' 02" East for a distance of 120.35 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 5) South 00° 28' 16" East for a distance of 116.61 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the southeast corner of said 4.3917 acre parcel, from which a concrete monument found for reference in the southerly East line of said 1,610.0 acres bears South 06° 05' 15" East, a distance of 1,930.11 feet; 6) North 89° 14' 09" West for a distance of 269.30 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the southwest corner of said 4.3917 acre parcel; 7) North 00° 36' 19" West for a distance of 339.02 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; Page 1 of 2, 4.3917 Acre Metes and Bounds Description Metes and Bounds Description of Industrial District No. 5 Page2of5 8) North 89° 35' 34" East for a distance of 18.29 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 9) North 00° 31' 19" West for a distance of 545.70 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 10)North 89° 25' 25" East for a distance of 21.87 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 11)North 00° 27' 10" West for a distance of 118.30 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 12)South 89° 51' 28" West for a distance of 36.64 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 13)North 00° 14' 01" West for a distance of 156.16 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the southerly northwest corner of said 4.3917 acre parcel; 14)North 89° 26' 59" East for a distance of 172.70 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set in the West line of said Nashtec 0.5474 of an acre tract, for an interior corner of said 4.3917 acre parcel; 15)North 00° 41' 31" West with the West line of said Nashtec 0.5474 of an acre tract, at a distance of 277.42 feet pass a 5/8" iron rod found for the northwest corner of said Nashtec 0.5474 of an acre tract, and continuing for a total distance of 573.50 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the northerly northwest corner of said 4.3917 acre parcel; 16)North 89° 22' 57" East for a distance of 96.12 feet to the POINT OF BEGINNING, containing 7.4984 acres, more or less, LESS and EXCEPT said 2.557 acre, 0.5474 of an acre, and 0.0023 of an acre tracts, leaving a net acreage of 4.3917 acres of land. All bearings shown herein are referenced to the Texas State Plane Coordinate System, NAD83 (2011 Adj.), Texas South Central Zone No. 4204. The distances shown represent surface values and may be converted to grid by dividing by the surface adjustment factor of 0.99996. I hereby certify the foregoing description was prepared from a survey performed on the ground under my supervision, and represents the facts found at the time of the survey. Patrick Matusek Registered Professional Land Surveyor Maverick Engineering, Inc., Firm # 100491-02 License No. 4518, State of Texas Surveyed December 2, 2016 Page 2 of 2, 4.3917 Acre Metes and Bounds Description Metes and Bounds Description of Industrial District No. 5 Page 3 of 5 METES AND BOUNDS DESCRIPTION OF 3.1067 ACRES OF LAND ALL THOSE CERTAIN THREE PARCELS OF LAND, COMPRISING 3.1067 ACRES OF LAND, MORE OR LESS, OUT OF AN ORIGINAL 436.7 ACRE REMAINDER TRACT SITUATED IN A PORTION OF THE T.T. WILLIAMSON SURVEYS A-290 AND A-291, CONVEYED BY BPU REYNOLDS, INC., A DELAWARE CORPORATION TO SHERWIN ALUMINA, L.P., A TEXAS LIMITED PARTNERSHIP, IN WARRANTY DEED dated August 1, 2001 recorded under Clerk's File No. 502130, Official Real Property Records of San Patricio County, Texas; and Special Warranty Deed dated December 31, 2000, from Reynolds Metal Company, a Delaware Corporation, to BPU Reynolds, Inc., a Delaware Corporation, recorded under Clerk's File No. 20010000017, Official Public Records of Nueces County, said parcels as shown in Sherwin Alumina drawing number 60-Z-1001, being more particularly described as follows, to -wit PARCEL A 2.557 ACRES COMMENCING at a found 5/8 inch iron rod for an east corner of the aforesaid 436.7 acre tract and the south comer of that 341.3 acre tract retained by Reynolds/Alcoa in Document No. 2001000017 of the Official Public Records ofNueces County, Texas in the west line of that 336.47 acre tract recorded in Volume 359, Page 276 of the Deed Records of San Patricio County, Texas; THENCE, with the common line of said 436.7 acre tract and said 336.47 acre tract, S00° 11'42"W 1,178.36 feet to a point; THENCE, leaving said common line, S89°48'18"W 233.00 feet to the POINT OF BEGINNING; THENCE, S00° 11'39"E 508.00 feet to a point; THENCE, with a tangent curve to the right said curve having a central angle of 90°00'00", a radius of 60.00 feet and a chord bearing S44°48'21 "W 84.85 feet, an arc distance of 94.25 feet to a point; THENCE, S89°48'21"W 125.00 feet to a point; THENCE, N00°11'39"W 608.00 feet to a point; THENCE, N89°48'21 "E 145.00 feet to a point; THENCE„ with a tangent curve to the right said carve having a central angle of 90°00'00", a radius of 40.00 feet and a chord bearing S45°11'39"E 56.57 feet, an arc T:1WPF1LES\METES 2004\0409-502 3.1067 ACRES REV1SED.d°c 6/16/04 Page 1 of 3 Metes and Bounds Description of Industrial District No. 5 Page 4 of 5 distance of 62.83 feet to the POINT OF BEGINNING and containing 2.557 acres of land, more or less. PARCEL B 0.5474 ACRES COMMENCING at a found 5/8 inch iron rod for an east comer of the aforesaid 436.7 acre tract and the south comer of that 341.3 acre tract retained by Reynolds/Alcoa in Document No. 2001000017 of the Official Public Records of Nueces County, Texas in the west line of that 336.47 acre tract recorded in Volume 359, Page 276 of the Deed Records of San Patricio County, Texas; THENCE, with the common line of said 436.7 acre tract and said 336.47 acre tract, S00°11'42"W 703.12 feet to a point; THENCE, leaving said common line, N89°48' 18"W 236.23 feet to the POINT OF BEGINNING; THENCE, S00°11'39"E 370.00 feet to a point; THENCE, with a tangent curve to the right said curve having a central angle of 90°00'00", a radius of 40.00 feet and a chord bearing S44°48'21"W 56.57 feet, an arc distance of 62.83 feet; THENCE, S89°48'21"W 19.00 feet to a point; THENCE, N00° 11'39"W 410.00 feet to a point; THENCE, N89°48'21"E 59.00 feet to the POINT OF BEGINNING and containing 0.5474 acres of land, more or less_ PARCEL C 0.0023 ACRES COMMENCING at a found 5/8 inch iron rod for an east corner of the aforesaid 436.7 acre tract and the south comer of that 341.3 acre tract retained by Reynolds/Alcoa in Document No. 2001000017 of the Official Public Records of Nueces County, Texas in the west line of that 336.47 acre tract recorded in Volume 359, Page 276 of the Deed Records of San Patricio County, Texas; T:1WPFJLES\METES 2004\0409-502 3.1067 ACRES REVISED.d°c 6/16/04 Page 2 of 3 Metes and Bounds Description of Industrial District No. 5 Page 5 of 5 THENCE, with the common line of said 436.7 acre tract and said 336.47 acre tract, S00°11'42"W 1,804.72 feet to a point; THENCE, leaving said common line, 889°48'18"W 224.31 feet to the POINT OF BEGINNING; THENCE, with the perimeter of the herein described 0.0023 acre tract, S00°11'39"E 10.00 feet to a point, S89°48'21"W 10.00 feet to a point, N00°11 '39"W 10.00 feet to a point, N89°48'21"E 10,00 feet to the POINT OF BEGINNING and containing 0.0023 acres of land, more or less. NOTE: Bearings are based on the found east line of the aforesaid 436.7 acre tract bearing S00°11'42"W as recorded in Document No. 2001000017 of the Official Public Records ofNueces County, Texas. Mic ael D. Stridde Registered Professional Land Surve Texas No. 3589 (361) 289-1385 T:IWPFILESIMETES 200410409-502 31067 ACRES REV 7 '4 Date Page 3 of 3 Metes and Bounds Description of Industrial District No. 6 Land That certain 253.90 acre tract of land out of a Portion of Lot 5 & Fractional Lot 6, Block "B", Coleman Fulton Pasture Company's Subdivision (known as Gregory Farm Blocks), a subdivision of San Patricio County, Texas, recorded in Volume 1 Page 11-B & Volume 2 Page 11, San Patricio County, Texas Map Records said 253.90 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod set for corner at the intersection of the Southeast right-of- way line of State Highway No. 35 and the Northeast' right-of-way line of the Union Pacific Railroad for the most Westerly and beginning corner of the tract herein described; Thence North 30°-15'-49" East, with the Southeast right-of-way line of said State Highway No. 35, at approximately 10.0 feet pass the Northeast line of a 10 foot wide Southwestern Bell Telephone Company Easement, recorded in File No. 223742, Deed Records, San Patricio County, Texas, at approximately 73.0 feet pass the Northeast line of a 73 foot wide (at this point) Central Power and Light Company Easement, recorded in File No. 506772, Deed Records, San Patricio County, Texas, in all, a distance of 900.00 feet to a concrete monument, found for corner in the North line of said Lot 5, Block "B", the South corner of said Fractional Lot 6, for a corner of the tract herein described; Thence North 880-44'-42" East, with the common corner line of said portion of Lot 5 & Fractional Lot 6, a distance of 20.00 feet to a 5/8 inch iron rod set for an interior corner of the tract herein described; Thence North 42°-38'-10" East, with the Southeast right-of-way line of said State Highway No. 35, a distance of 407.78 feet to a 5/8 inch iron rod found for an interior corner of the tract herein described; Thence North 30°-13'-29" East, still with the South right-of-way line of said State Highway No. 35, a distance of 1,595.59 feet to a concrete monument, found in the North line of said Lot 6, the South line of Lot 7, Block "B", said Coleman Fulton Pasture Company Subdivision, the Southwest corner of a tract of land in the name of J. S. M. McKamey Estates, recorded in Volume 656, Page 516, San Patricio County, Texas Deed Records, for the Northwest corner of the tract herein described; Thence North 880-51'-25" East, with the South line of said Lot 7, the North line of said Fractional Lot 6, the South line of said J. S. M. McKamey Estate, a distance of 2,536.34 feet to a 2 inch diameter iron pin found for the Northeast corner of the tract herein described; Thence South 1 °-13'-34" East, across said Lot 6, a distance of 1,649.67 feet to a 5/8 inch iron rod found in the common line of said Lots 6 and 5, for the upper Southeast corner of the tract herein described; Thence South 88°-44'-42" West, with the common line of said Lot 6 and 5, a distance of 711.40 feet to a 5/8 inch iron rod found for an interior corner of the tract herein described; Thence South 1°-151-18" East, across said Lot 5, at approximately 2,720 feet through approximately 2,830 feet across a 40 foot Water Line Easement, recorded in File No. 103400312 Metes and Bounds Description of Industrial District No. 6 Page2of5 746713, San Patricia County, Texas Deed Records, a 30 foot wide Central Power & Light Company Easement, File No. 506772, San Patricia County, Texas Deed Records and a 10 feet Southwestern Bell Telephone Company Easement, File No. 223742, San Patricia County, Texas Deed Records, in all, a distance of 2,845.60 feet to a 5/8 inch iron rod set for corner in the Northeast right-of-way line of Union Pacific Railroad, that runs Northeast of and adjacent to State Highway No. 361, for the most Southerly corner of the tract herein described; Thence North 60°-02'-44" West, with the Northeast right-of-way line of said the Union Pacific Railroad and running along the Southwest right-of-way line of said 10 foot wide Southwestern Bell Telephone Company Easement, a distance of 4,011.00 feet to the Point of Beginning. Containing 253.90 more or Tess acres of land, 103400312 Metes and Bounds Description of Industrial District No. 6 Page 3 of 5 TRACT 1 Field notes of a 28.596 acre tract of land, being part of a 200 acre tract of land conveyed from Homer R. Hunt, et aI, to Inez Jones and Geneva Jones by Warranty Deed dated September 6, 1961, and recorded in Volume 270, Page 186 of the Deed Records of San Patricio County, Texas; Said 28.596 acre tract is part of Lot 2, Block "B" of the Gregory Farm Blocks Subdivision of the Coleman Fulton Pasture Company Lands as shown on map recorded in Volume 1, Page 1 IB of the Plat Records of San Patricio County, Texas; Said 28.596 acre tract is comprised of a portion of the Geronimo Valdez Survey, Abstract 269, is situated in San Patricio County, Texas, approximately 1 mile east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 3/4" iron pipe found at the southwest corner of said Lot 2, for the southwest corner of said 200 acre tract, and the southwest corner of this tract; Thence N 01° 30' 30" W along the west line of said Block 2, the west line of said 200 acre tract, and the west line of this tract, a distance of 470.12 feet to a 5/8" iron rod set for the northwest corner of this tract; Thence N 88° 27' 47" E along the north line of this tract, at 2629.10 feet pass the southwest corner of a 20 ft. road easement, in all a distance of 2649.10 feet to a 5/8" iron rod set in the east line of said 200 acre tract, at the northeast corner of said 20 ft. road easement, for the northeast comer of this tract; Thence S 01° 30' 20" E along the east line of said 200 acre tract and the east line of this tract, a distance of 470.12 feet to a 5/8" iron rod set at the southeast comer of said 200 acre tract, the southeast corner of said Lot 2, for the southeast corner of this tract; Thence S 88° 27' 47" W along the south line of said 200 acre tract, the south line of said Lot 2, and the south line of this tract, a distance of 2650.17 feet to the place of beginning, containing 28.596 acres, more or less. Metes and Bounds Description of Industrial District No. 6 Page 4 of 5 TRACT 2 Field notes of a 28.596 acre tract of land, being part of a 200 acre tract of land conveyed from Homer R. Hunt, et al, to Inez Jones and Geneva Jones by Warranty Deed dated September 6, 1961, and recorded in Volume 270, Page 186 of the Deed Records of San Patricio County, Texas; Said 28.596 acre tract is part of Lot 2, Block "B" of the Gregory Farm Blocks Subdivision of the Coleman Fulton Pasture Company Lands as shown on map recorded in Volume 1, Page 11B of the Plat Records of San Patricio County, Texas; Said 28.596 acre tract is comprised of a portion of the Geronimo Valdez Survey, Abstract 269, is situated in San Patricio County, Texas, approximately 1 mile east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 5I8" iron rod set in the west line of said Lot 2, and west line of said 200 acre tract, for the southwest corner of this tract, whence a 3/4" iron pipe found at the southwest corner of said Lot 2 and southwest corner of said 200 acre tract, bears S 01° 30' 30" E, a distance of 470.12 feet; Thence N 01° 30' 30" W along the west line of said Lot 2, the west line of said 200 acre tract, and the west line of this tract, a distance of 470.31 feet to a 5/8" iron rod set for the northwest corner of this tract; Thence N 88° 27' 47" E along the north line of this tract, at 2628.03 feet pass the west line of a 20 ft. road easement, in all a distance of 2648.03 feet to a 5/8" iron rod set in the east line of said 200 acre tract and east line of said 20 ft. road easement, for the northeast corner of this tract; Thence 5 01° 38' 20" E along the east line of said 200 acre tract, the east line of said 20 ft. road easement, and the east line of this tract, a distance of 470.31 feet to a 5/8" iron rod set at the southeast comer of said 20 ft. road easement, for the southeast corner of this tract; Thence S 88° 27' 47" W along the south line of this tract, at 20 feet pass the southwest corner of said 20 ft. road easement, in all a distance of 2649.10 feet to the place of beginning, containing 28.596 acres, more or less. 601740747.8 Metes and Bounds Description of Industrial District No. 6 Page 5 of 5 Less and except all of that portion of the above-described property lying and being within the Extraterritorial Jurisdiction for the City of Gregory. This exception generally described as follows; Beginning at a 5/8 inch rod set for corner at the intersection of the Southeast right-of-way line of State Highway No. 35 and the Northeast right-of-way line of the Union Pacific Railroad for the most Westerly and beginning corner of the tract; Thence North 30-15'-49" East, with the Southeast right-of-way line of said State Highway No. 35, at approximately 10.0 feet pass the Northeast line of a 10 foot wide Southwestern Bell Telephone Company Easement, recorded in File NO. 223742, Deed Records, San Patricio County, Texas, at approximately 73.0 feet pass the Northeast line of a 73 foot wide (at this point) Central Power and Light Company Easement, recorded in File No. 506772, Deed Records, San Patricio County, Texas, in all, a distance of 900.00 feet to a concrete monument, found for corner in the North line of said Lot 5, Block "B", the South corner of said Fractional Lot 6, for a corner of the tract herein described; Thence North 88-44'-42" East with the common corner line of said portion of Lot 5 & Fractional Lot 6, a distance of 20.00 feet to a 5/8 inch rod set for an interior corner of the tract; Thence North 42-38'-10" East, with the Southeast right-of-way line of said State Highway No. 35, a distance of 407.78 feet to a 5/8 inch rod found for an interior corner of the tract; Thence North 30-13'-29" East, still with the South right-of-way line of said State Highway No. 35, a distance of 821.91 feet to intersection of said State Highway No. 35 South right-of-way and the Gregory Extraterritorial Jurisdiction; Thence following the Gregory Extraterritorial Jurisdiction along a curve with a radius of 2,816.471, angle 53-25-46 and at a Chord Direction of South 0-44-25 East to the intersection of said Gregory Extraterritorial Jurisdiction and the Northeast right-of-way line of Union Pacific Railroad, that runs Northeast of and adjacent to State Highway No. 361, for the most Southerly corner of the tract herein described; Thence North 60 02' 44" West, with the Northeast right-of-way line of said the Union Pacific Railroad and running along the Southwest right-of-way line of said 10 foot Southwestern Bell Telephone Company Easement, a distance of 1,278.19 feet to the Point of Beginning. Metes and Bounds Description of Industrial District No. 7 STATE OF TEXAS COUNTY OF SAN PATRICIO PROPERTY DESCRIPTION 138.04 ACRES } } All of that certain tract or parcel containing 138.04 acres situated in the T. T. Williamson Survey, Abstract No. 290 and Abstract No. 291 of San Patricio County, Texas and being a part of the same property described as 341.3 acres (A/K/A Renolds/Alcoa Retained Tract #2) in Deed recorded in Clerk's File No. 502131 of the Official Public Records of San Patricio County, Texas and all of the same property described as 18.40 acres recorded in Volume 495, Page 420 of the Deed Records of San Patricio County, Texas and a part of the original 1665.222 acre tract described in Volume 169, Page 48 of the Deed Records of San Patricio County, Texas. This 138.04 acres is more particularly described by metes and bounds as follows: COMMENCING at an existing concrete monument located in the South Right -of -Way line of State Highway 361 and at the Northeast corner of the above referenced 341.3 acre tract and the Northwest corner of a San Patricio Municipal Water District 3.31 acre tract as recorded in Clerk's File No. 468583 of the Official Public Records of San Patricio County, Texas and for the Northeast corner of a 203.20 acre tract also surveyed on this day; from which the Northeast corner of the above referenced 1665.222 acre tract bears: North 00° 30' 03" West, 115.98 feet; THENCE South 00° 30' 03" East [deed call = South 00° 01' 15" East], with the East line of said 1665.222 acre tract and the West line of the said 3.31 acre tract, a distance of 1528.96 feet to a 518 inch iron rod with plastic cap set for the Southeast corner of the said 203.20 acre tract and the PLACE OF BEGINNING of this 138.04 acres being described; THENCE South 00° 30' 03" East [deed call = South 00° 01' 15" East], with the East line of said 1665.222 acre tract and the West line of the said 3.31 acre tract, a distance of 1,398.19 feet to an existing concrete monument located at a East corner of the said 1665.222 acre tract and Northeast corner of a above referenced 18.40 acre tract for the upper southeast corner of this 138.04 acres being described; THENCE South 44° 42' 45" West [deed call = South 45° 10' 34" West], with the common line of said 18.40 acre tract and a 336.47 acre tract described in deed recorded in Volume 359, Page 276 of Deed Records of San Patricio County, Texas, a distance of 494.98 feet [deed call = 494.97 feet] to an existing concrete monument located at a corner of the said 18.40 acre tract and the said 341.3 acre tract for corner of this 138.04 acres being described; THENCE South 89° 43' 59" West [deed call = North 89° 49' 19" West], with the common line of said 18.40 acre tract and the said 336.47 acre tract, a distance of 2115.01 feet [deed call = 2115.11 feet] to the Southwest corner of said 18.40 acre tract and a corner of said 336.47 acre tract for an interior corner of this 138.04 acres being described; Page 1 6924-001-138acres.doc Metes and Bounds Description of Industrial District No. 7 Page2of3 PROPERTY DESCRIPTION 138.04 ACRES (continued) THENCE South 00° 16' 59" East [deed call = South 00° 11' 42" West], with a line of said 336.47 acre tract, a distance of 467.22 feet [deed call = 466.28 feet] to an existing 5/8 inch iron rod located at the most southerly corner of the said 341.3 acre tract for the most southerly corner of this 138.04 acres being described; THENCE with the lines of the said 341.3 acre tract with the following courses and distances: North 61° 06' 41" West [deed call = North 60° 36' 17" West], 293.64 feet [deed call = 293.53 feet] to an existing 5/8 inch iron rod, North 88° 02' 46" West [deed call = North 87° 34' 21" West], 141.16 feet [deed call = 141.09 feet] to an existing 5/8 inch iron rod, North 56° 03' 38" West [deed call = North 55° 41' 42" West], 89.50 feet [deed call = 89.56 feet] to an existing 5/8 inch iron rod, North 01° 22' 05" West [deed call = North 00° 53' 27" West], 611.30 feet [deed call = 611.35 feet] to an existing 5/8 inch iron rod, North 00° 35' 22" East [deed call = North 01° 04' 06" East], 251.72 feet [deed call = 251.78 feet] to an existing 5/8 inch iron rod, North 00° 16' 03" West [deed call = North 00° 12' 53" East], 242.47 feet [deed call = 242.54 feet] to an existing 5/8 inch iron rod, South 89° 53' 16" West [deed call = North 89° 38' 25" West], 656.73 feet [deed call = 656.55 feet] to an existing 5/8 inch iron rod, North 33° 47' 11" West [deed call = North 33° 20' 43" West], 89.85 feet [deed call = 89.86 feet] to an existing 5/8 inch iron rod, North 23° 17' 24" West [deed call = North 22° 52' 09" West], 92.98 feet [deed call = 93.03 feet] to an existing 5/8 inch iron rod, North 01° 02' 13" West [deed call = North 00° 33' 25" West], 322.89 feet [deed call = 322.96 feet] to an existing 5/8 inch iron rod, North 89° 25' 20" East [deed call = North 89° 54' 01" East], 160.78 feet [deed call = 160.89 feet] to an existing 5/8 inch iron rod, North 000 28' 40" West [deed call = North 00° 00' 09" West], 537.78 feet to a 5/8 inch iron rod with plastic cap set for the Southwest corner of the said 203.20 acre tract and for the Northwest corner of this 138.04 acres being described; THENCE North 88° 12' 00" East, crossing the said 341.3 acre tract and with a South line of the said 203.20 acre tract, a distance of 997.94 feet to a 5/8 inch iron rod with plastic cap set for an interior corner of the said 203.20 acre tract and for the North corner of this 138.04 acres being described; THENCE South 65° 43' 27" East, crossing the said 341.3 acre tract and with a South line of the said 203.20 acre tract, a distance of 313.26 feet to a 5/8 inch iron rod with plastic cap set for a corner of the said 203.20 acre tract and for a corner of this 138.04 acres being described; 6924-001-138acres.doc Page 2 Metes and Bounds Description of Industrial District No. 7 Page 3 of 3 PROPERTY DESCRIPTION 138.04 ACRES (continued) THENCE North 89° 57' 47" East, crossing the said 341.3 acre tract and with a South line of the said 203.20 acre tract, a distance of 2,244.27 feet to the PLACE OF BEGINNING, containing within these metes and bounds 138.04 acres. Bearings recited herein are Texas State Plane South Central Zone NAD'83 grid. This property description and a plat were prepared from a survey made on the ground under my direction on May 4, 2015. G & W NGINEERS, INC. TBPL Firm No. 10022101 Henry A. Danysh Registered Professional Land Surveyor, No. 5088 6924-001-138acres.doc Page 3 INDUSTRIAL DISTRICT AGREEMENT No. THE STATE OF TEXAS § COUNTY OF SAN PATRICIO § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation, hereinafter called the "CITY," and «LO_Name», a «LO_Entity_State» «LO_Entity_Type», Landowner(s),«IO_Name», a «IO_Entity_State» « IO_Entity Type», Improvements Owner(s), and «L_Name», a «L_Entity_State» « L_Entity Type» Lessee, hereinafter collectively called the "COMPANY." WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, the CITY has subsequently reestablished the boundaries of Industrial Districts Nos. 1 and 2 and created Industrial District No. 4 within the CITY's Extraterritorial Jurisdiction in Nueces County; and WHEREAS, Ordinance No. established the boundaries of the land area known as Corpus Christi Industrial District No. 5 for a portion of the CITY's Extraterritorial Jurisdiction in San Patricio County; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. 1 NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non -industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non -industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the 2 CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned facilities. Section 1.07 Definitions. A. City. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Existing Improvements. Improvements that were in use prior to January 1, 2015. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements and New Improvements. 3 F. Industrial District. The industrial districts created pursuant to any ordinance of the CITY, including any Industrial Districts created for portions of the CITY' S Extraterritorial Jurisdiction in San Patricio County. G. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. H. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. I. Market Value. As determined and defined by SPCAD. J. New Improvement. Improvement for which no government permit has been secured and for which construction had not commenced prior January 1, 2015. K. Placed in Use. Improvements that are completed and Placed in Use and are not listed by SPCAD as Construction Work in Progress (CWIP). L. SPCAD. The San Patricio County Appraisal District and includes its successors and assigns. Article 2 Section 2.01 Term. The term of this Agreement shall begin on January 1, 2019 and continue until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. 4 B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property) located on the Land equal to sixty-two and one half percent (62.5%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. C. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. D. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by SPCAD Geographic ID number of the newly acquired land. E. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by SPCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all SPCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to SPCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by SPCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to SPCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by SPCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the 5 exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to SPCAD. Notwithstanding any protest of valuation by the COMPANY or any non SPCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30) days after said final determination. Any non SPCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15% x City Tax Rate = Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by SPCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any 6 subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1) judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). 7 Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from SPCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from SPCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is 8 denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. 9 Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City: With copies to: City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3220 Fax: 361-826-3845 City of Corpus Christi -City Secretary 10 If to Company: With copies to: 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3105 Fax: 361-826-3113 City of Corpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 «LO Name» «LO_Notice_Address» «LO_Notice_City» Phone: «LO_Notice_Phone» Fax: «LO Notice Fax» «IO Name» «IO_Notice_Address» «IO_Notice_City» Phone: «IO_Notice_Phone» Fax: «IO Notice Fax» «L_ Name» «L_Notice_Address» «L_Notice_City» Phone: «L_Notice_Phone» Fax: «L Notice Fax» «Copies_Name» «Copies_Address» «Copies_City» Phone: «Copies_Phone» Fax: «Copies_Fax» Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. 11 Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. Section 10.07 Most Favored Nations. If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist - related business or facilities under Section 42.044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non -industrial district ETJ, or with any company proposing a major new investment within the City's non -industrial district ETJ, as part of the CITY'S economic development program. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 ENTERED into this day of , 2019. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Samuel Keith Selman, Interim City Manager LEGAL FORM APPROVED of , 2019. Aimee Alcorn -Reed Assistant City Attorney FOR CITY ATTORNEY CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2019, by , City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: 13 ATTEST: IMPROVEMENTS OWNER AND LESSEE «IO Name» By: Name: Name: «IO_Signatory» Title: Title: «IO_Signatory_Title» IMPROVEMENTS OWNER AND LESSEE ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on day of , 2019, by «IO_Signatory», as the «IO_Signatory_Title» of «IO Name», a «IO_Entity_State» «IO_Entity_Type», on behalf of said corporation. Given under my hand and seal of office this day of , A.D., 2019. Notary Public, State of Printed Name: My Commission expires: 14 EXHIBIT A Geographic ID Number Designated By San Patricio County Appraisal District EXHIBIT B Schedule of Value CITY OF CORPUS CHRISTI INDUSTRIAL DISTRICT SCHEDULE OF VALUE Company Name: Contact Name: Telephone: Address: Address: Contract Number As of 1/1/ 2015 Due 8/31/ 2015 Geographic ID ####-####-#### or i#-#######-#### Description Land Total Pre 2007 2007 2008 2009 2010 2011 2012 2013 2014 Total _ _ _ _ _ _ _ _ _ _ - I, , a duly authorized official of the above company, do swear that the information provided is accurate to the best of my knowledge. Email Signature of Authorized Official Printed Name Sworn to and subscribed before me by on this day of , 20_ (Personalized Seal) Notary Public's Signature Date Authorized Official's Title 1 of 1 Creation of Industrial Districts #5, 6 & 7 in San Patricio County and Form Industrial District Agreement Council Presentation May 21, 2019 Location Map • 1 ------ 4 -- - -- dtz,„ * if 1 . • I 1 • IdLnI DLnL#6i • TPCOAnence 1 - • 1 E. 0.: • 1 Co 13 ' *, .. ,' • 1.. \ i -.' 1 1 1 ; - i i C.g *$ .t.' .* 4. ,--.--- Ill i , * ......, _,.. Ix\i . . 4, I ',4 Legend Industrial Districts Northside aa Bay Annex Area Reference Items 1=1crty Limits L j ETJ Parcel Imes 2 Recommendation Staff recommends approval of: • Creating Industrial District #5, 6, and 7 • Creating a standard form Industrial District Agreement o Nashtec LLC o TEDA TPCO America o Reynolds Metals Company LLC AGENDA MEMORANDUM One -Reading Ordinance for the City Council Meeting of May 21, 2019 DATE: TO: Peter Zanoni, City Manager May 16, 2019 FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 One -Reading Ordinance for La Quinta Corridor Annexation CAPTION: Ordinance annexing for full purpose up to 1,500 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city to include said hereinafter described property within said city limits; adopting a service plan; and declaring an emergency. PURPOSE: The purpose of this item is to annex land in the La Quinta Corridor in San Patricio County. BACKGROUND AND FINDINGS: The proposed annexation area includes up to 1,500 acres, including Port of Corpus Christi property, that will connect to the future location of the estimated $7.5 billion ExxonMobil/SABIC plastics manufacturing facility. The area is approximately 78% industrial land and 22% agricultural land. On March 19, 2019, the City Council approved a resolution that directed the City Manager to move forward with the annexation process, which included two public hearings, the creation of a Municipal Service Plan, and finally the consideration of an ordinance to approve the annexation. Chapter 212 agreements that would allow agricultural properties to be excluded from this annexation were offered to all agricultural land owners. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with City policy and the Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial area of the city and ETJ." EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal City Manager's Office Utilities Streets Parks and Recreation Police Fire Solid Waste FINANCIAL IMPACT: ❑ Ooeratin ❑ Revenue ❑ Capital X 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 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance to annex land in the La Quinta Corridor. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance annexing for full purpose up to 1,500 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city to include said hereinafter described property within said city limits; adopting a service plan; and declaring an emergency. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; WHEREAS, on April 23rd and 30th, 2019, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and San Patricio County, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on April 19th, 2019 and made available for public discussion at public hearings on April 23rd and 30th, 2019; WHEREAS, the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract in accordance with Texas Local Government Code §43.052(h)(1); WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined that the territory now proposed to be annexed abuts and/or is contiguous with the City of Portland city limit and the City of Gregory extraterritorial jurisdiction; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and 1 WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That an approximately 1,322.02 acre tract of land (by reference the "Annexed Area"), more or less, described by metes and bounds and a map in Exhibit A & B, generally located along the north side of Corpus Christi Bay within San Patricio County including parcels between the cities of Portland and Gregory, from US Highway 181 to FM 2986; as well as parcels east of US Highway 181, South of State Highway 35, and West of La Quinta Road, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi, save and except the property described and attached as Exhibit C herein in accordance with City Council approved Development Agreement per Local Government Code 43.016. SECTION 3. The Development Agreement attached as Exhibit C herein signed by the City Manager is approved. SECTION 4. The Service Plan attached as Exhibit D is approved, and municipal services shall be provided to the Annexed Area in accordance therewith. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 5. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 6. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the Annexed Area described in this ordinance as part of the City of Corpus Christi, Texas SECTION 7. In accordance the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the Annexed Area shall be designated with an initial zoning district of "FR" Farm -Rural District. SECTION 8. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. 2 SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, .subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 10. The City Secretary is hereby directed to file with the County Clerk of San Patricio, Texas, a certified copy of this ordinance. SECTION 11. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 21st day of May, 2019. 3 21st Day of May 2019 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the City Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Mayor The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith PASSED AND APPROVED this day of , 2019. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor 4 Exhibit A URBAN] 1,322.02 Acre Annexation Tract STATE OF TEXAS COUNTY OF SAN PATRICIO Job No. 43201.B9.02 May 17, 2019 Fieldnotes, for a 1,322.02 Acre Annexation Tract (Not based on the ground Survey), comprising of 7 Tracts, being portions of a 153.93 Acre Tract of land referenced as "Tract I" in a Deed from Land Ventures, Inc. and El Paso Development Company to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 458816, Real Property Records of San Patricio, County, Texas, a 930.28 Acre Tract of land referenced as "Tract II" in said Document Number 458816, a 138.56 Acre Tract of land described in a Warranty Deed from Joseph D. Cable, Joseph Edward Garrett III, Christopher H. Cable, Susan Garrett Wright, Katherine S. Cable, Jason G. Jamieson, and Melissa L. Jamieson to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 649208, Official Public Records of San Patricio County, Texas, a 393.72 Acre Tract of land recorded in said Document Number 649208, a 72.476 Acre Tract of land and all of a 0.9183 Acre Tract of land described in a Warranty Deed from E.L.D.T. Investments to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 656771, said Official Public Records, a 72.476 Acre Tract of land described in a Warranty Deed from Edwin Paul Danford to Berry Contracting, Inc., as recorded in Document Number 537419, said Real Property Records, U.S. 181 (Right -of -Way Varies) and Southern Pacific Rail Road (100' Right -of -Way), as shown on TxDot Right -of -Way Map CRP010104AF, FM Highway 2986, a 100' Wide Public Roadway, as shown on TxDot Right -of -Way Map CRP302601AA; said 1,322.02 Acre Annexation Tract more fully described as follows: Beginning, at a point on the Southwest Right -of -Way line of La Quinta Road (A Private Road), being the Northeast comer of the said "Tract II", for the Northeast corner of this Tract; Thence, South 17°44'35" East, with the common boundary of the said La Quinta Road, "Tract II" and this Tract, 7,066.19 Feet; Thence, South 03°33'51" West, with the said common boundary line, 2,214.42 Feet, to a point on the common boundary line of Nueces County and San Patricio County, being the Northeast corner of a 21.98 Acre Tract as referenced as "Tract IV" in the said Document Number 458816, for the Southeast corner of this Tract; Thence, South 79°56'31" West, with the common boundary line of the said "Tract II", the said common boundary line of Nueces County and San Patricio County, the said "Tract IV", and this Tract, 1,703.22 Feet; S:1Surveying1432011B902-Laquinta\OFFICEIMETES AND BOUNDSIFN43201B902_1322.02 ACRE ANNEXATION.Docx Page 1 of 4 OFFICE; (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, South 78°21'08" West, with the said common boundary line, 1,306.41 Feet; Thence, South 72°32'29" West, with the said common boundary line, 785.00 Feet, to a point on the East boundary line of a 70.00 Acre Tract of land described in a Warranty Deed from G. Phil Berryman and Sharon T. Berryman to Berryman Properties, LTD., as recorded in Document Number 391196, said Real Property Records, for the Northwest comer of the said 21.98 Acre Tract; Thence, North 06°52'54" West, with the common boundary line of the said "Tract II", the said 70.00 Acre Tract, and this Tract, 818.87 Feet; Thence, South 72°38'07" West, with the said common boundary line, 739.82 Feet; Thence, North 25°00'08" West, with the said common boundary line, 1,982.77 Feet, for the Northeast corner of the said 70.00 Acre Tract; Thence, North 03°09'40" West, with the common boundary line of the said "Tract II" and this Tract, 1,083.88 Feet, to a point, on the City Limits of Portland; Thence, with the said City Limits: • North 09°28'28" East, with the said common boundary line, 2,708.11 Feet; • North 58°38'18" West, departing the said common boundary line, 123.07 Feet; • North 10°59'08" East, 1,395.19 Feet, to the Southwest boundary line of the said "Tract I"; • North 65°19'15" West, with the said Southwest boundary line, at 4,102.04 Feet pass the Southeast Right -of -Way line of the said Southern Pacific Railroad Right -of -Way line, in all 4,412.26 Feet, to the common boundary line of the said 393.72 Acre Tract, the Northwest Right - of -Way line of said U.S. Highway 181, being the beginning of a circular curve to the Right, having a delta of 5°52'08", a radius of 5,684.58 Feet, an arc length of 582.29 Feet, and a chord which bears South 34°14'46" West, 582.04 Feet; • With the said common boundary line and circular curve to the Right, 582.29 Feet; • South 37°17'09" West, with the said common boundary line, 292.39 Feet; • North 60°41'58" West, over and across the said 393.72 Acre Tract, 4,926.50 Feet, to a point on the Southeast Right -of -Way line of the said FM Highway 2986, for the Southwest corner of this Annexation, from Whence the Southwest corner of the said 393.72 Acre Tract bears, South 30°04'12" West, 1,206.03 Feet; • North 30°04'12" East, with the said Southeast Right -of -Way line and said City Limits, 2,131.73 Feet; • North 59°55'48" West, over and across the said FM Highway 2986, 100.00 Feet, to the Northwest Right -of -Way line of the said FM Highway 2986; S:1Surveying1432011B902-Laquinta\OFFICEIMETES AND BOUNDS\FN43201B902_1322.02 ACRE ANNEXATION.Docx Page 2 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, North 30°04'12" East, departing the said City Limits and with the said Northwest Right -of -Way line, 2,281.40 Feet, to a point on the City of Gregory Extraterritorial Jurisdiction (ETJ), being the beginning of a circular curve to the Left, having a delta of 20°46'42", a radius of 2,683.60 Feet, an arc length of 973.20 Feet, and a chord which bears South 35°09'40" East, 967.88 Feet; Thence, with the common boundary line of the said ETJ and this Annexation: • With the said circular curve to the Left, 973.20 Feet, and the beginning of a circular curve to the Left, having a delta of 41°47'21", a radius of 2,660.10 Feet, an arc length of 1,940.16 Feet, and a chord which bears South 14°51'46" East, 1,897.44 Feet; • With the said circular curve to the Left, 1,940.16 Feet; • South 35°55'26" East, 1,359.47 Feet, • South 29°37'57" East, 785.49 Feet, and the beginning of a circular curve to the Left, having a delta of 37°30'00", a radius of 2,640.00 Feet, an arc length of 1,727.88 Feet, and a chord which bears South 48°45'00" East, 1,697.20 Feet; • With the said circular curve to the Left, 1,727.88 Feet; • South 69°32'29" East, 644.34 Feet, being the beginning of a circular curve to the Left, having a delta of 55°08'42", a radius of 2,635.32 Feet, an arc length of 2,536.39 Feet, and a chord which bears North 81°11'52" East, 2,439.62 Feet; • With the said circular curve to the Left, 2,536.39 Feet, to a point on the Northeast boundary line of the said "Tract I"; Thence, South 65°19'15" East, with the said Northeast boundary line, 594.73 Feet, to the Northwest boundary line of the said "Tract II", for the Northeast corner of the said "Tract I"; Thence, North 09°28'28" East, with the said Northwest boundary line, 847.42 Feet, to a point on the said ETJ line; Thence, North 75°50'29" East, with the said ETJ line, 592.65 Feet, to a point on the Northeast boundary line of the said "Tract II"; S:\Surveying\43201\B902-Laquinta\OFFICE\METES AND BOUNDS\FN43201B902_1322.02 ACRE ANNEXATION.Docx Page 3 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, South 70°29'17" East, with the said Northeast boundary line, 1,798.62 Feet, to the Point of Beginning, containing 1,322.02 Acres (57,587,501 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. URBAN ENGINEERING Dan L. Urban, R.P.L.S. License No. 4710 S:\Surveying\43201\B902-Laquinta\OFFICEMETES AND BOUNDS\FN43201B902_1322.02 ACRE ANNEXATION.Docx Page 4 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 5°52'08" 5684.58' 582.29' S 34°14'46" W 582.04' C2 20°46'42" 2683.60' 973.20' S 35°09'40" E 967.88' C3 41°47'21" 2660.10' 1940.16' S 14°51'46" E 1897.44' C4 37°30'00" 2640.00' 1727.88' S 48°45'00" E 1697.20' C5 55°08'42" 2635.32' 2536.39' N 81°11'52" E 2439.62' <7> ShRiOSFp. eq4; °393 o vek. �? o°RR000/70',1Sc Cr 0 4SbNCge( Cqe q C F � C4 F FS a °p ,sy Co 44,0 O,^ �RSO•'p0 9n' O '/fes kR/RO Cq CT �xgY ✓kq/�ly�/// OF NG�q�SVSgN KNFR4jOP s NpRFsc4 ,0 /Rq�r ROq �N/Y /°Ls st •CT>>/�44c 7 LINE BEARING DISTANCE L1 S 1744'35" E 7066.19' L2 S 03°33'51" W 2214.42' L3 S 79°56'31" W 1703.22' L4 S 78°21'08" W 1306.41' L5 S 72°32'29" W 785.00' L6 N 06°52'54" W 818.87' L7 S 72°38'07" W 739.82' L8 N 25°00'08" W 1982.77' L9 N 03°09'40" W 1083.88' L10 N 09°28'28" E 2708.11' L11 N 58°38'18" W 123.07' L12 N 10°59'08" E 1395.19' L13 N 65°19'15" W 4412.26' L14 S 37°17'09" W 292.39' L15 N 60°41'58" W 4926.50' L16 N 30°04'12" E 2131.73' L17 N 59°55'48" W 100.00' L18 N 30°04'12" E 2281.40' L19 S 35°55'26" E 1359.47' L20 S 29°37'57" E 785.49' L21 S 69°32'29" E 644.34' L22 S 65°19'15" E 594.73' L23 N 09°28'28" E 847.42' L24 N 75°50'29" E 592.65' L25 S 70°29'17" E 1798.62' sok F 0 / 1+' 1 3000 2000 1000 0 • • • 2000 4000 Nei?: /OO RFe41,i '1CR °pC H/N�SF)r/RgMT rS, lF81 /41 44S' GRAPHIC SCALE 1"=2000' OIyAF8•Sf q gFOti ,C0 °OC�gcn UsgCT 0.1; sN, C41 Sp�O/S8C 1. opRQ 636SFN ' pCr6 C5 General Notes: 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 2.) Some features shown on this Survey may be out of scale for clarity. 3.) This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. c0 0 -J 4.) City limits shown on Exhibit received from the City of Portland. 5.) Gregory ETJ shown on Exhibit received from the City of Corpus Christi. G LIMi N J <22 N L24 POINT OF BEGINNING off, FR•> OFRr>g 4C NUS RP'ori of ,, RpRSpC6T8R7446 /Oa, 1,322.02 ACRE ANNEXATION TRACT (57,587,501 SQ. FT.) 930.28 ACRE TRACT (TRACT II) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R.P.R.S.P.C.T. r-- 70.00 ACRE TRACT OWNER: BERRYMAIs PROPERTIES, LTD DOC. NO. 391196 , \ 5 R.P.R.S.P.C.T. CORPUS CH/RS77 BAY S,IN PATFX'10 axon 1 J N' 221.98 ACRE TRACT (TRACT Iv) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R.P.R.S.P.C.T. Fieldnotes, for a 1,322.02 Acre Annexation Tract (Not based on the ground Survey), comprising of 7 Tracts, being portions of a 153.93 Acre Tract of land referenced as Tract I" in a Deed from Land Ventures, Inc. and El Paso Development Company to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 458816, Real Property Records of San Patricio, County, Texas, a 930.28 Acre Tract of land referenced as "Tract 11" in said Document Number 458816, a 138.56 Acre Tract of land described in a Warranty Deed from Joseph D. Cable, Joseph Edward Garrett III, Christopher H. Cable, Susan Garrett Wright, Katherine S. Cable, Jason G. Jamieson, and Melissa L. Jamieson to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 649208, Official Public Records of San Patricio County, Texas, a 393.72 Acre Tract of land recorded in said Document Number 649208, a 72.476 Acre Tract of land and all of a 0.9183 Acre Tract of land described in a Warranty Deed from E.L.D.T. Investments to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 656771, said Official Public Records, a 72.476 Acre Tract of land described in a Warranty Deed from Edwin Paul Danford to Berry Contracting, Inc., as recorded in Document Number 537419, said Real Property Records, U.S. 181 (Right -of -Way Varies) and Southern Pacific Rail Road (100' Right -of -Way), as shown on TxDot Right -of -Way Map CRP010104AF, FM Highway 2986, a 100' Wide Public Roadway, as shown on TxDot Right -of -Way Map CRP302601AA. LOCATION MAP N.T.S. Exhibit B Sketch to Accompany 0 - URBAN ENGINEERING 1BPE ARM NO. 145, TBPLS FIRM NO. 10032400 2725 SMARMIER DR, CORPUS CHRIST, TX 78404 PHONE: 361.854.3101 Www.URBANENG.COM DATE: MAY 17, 2019 SCALE: 1"=2000' JOB NO.: 43201.B9.02 SHEET: 1 OF 1 DRAWN BY: C.SRP urbansurveyl®urbaneng.com 02019 by Urban Engineering 0 \ Surveying \43201\0202-I cOuinta\432010002 1322 02 Acre Annexntion DW Exhibit C Property Save and Excepted from Annexation per Development Agreement in accordance with Texas Local Government Code §43.016 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in San Patricio County, Texas, which is identified by San Patricio County Appraisal District as Geographic ID: 1314-1600-0000- 002 and more particularly described in the attached Exhibit "B" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, a portion of that Property is in the City of Portland city limit and the remainder of the property in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Govemment Code §43.016(b)(1) requires the City to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Govemment Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172, Texas Local Govemment Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Area. This agreement applies only to the area of the Owner's Property within the Corpus Christi Extraterritorial Jurisdiction (Area). This agreement does not apply to the area of the Owner's Property within the City of Portland. Page 1 of 8 Section 3. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Govemment Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the Area, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Area, agrees not to involuntarily institute proceedings to annex the Area, and further agrees not to include the Area in a statutory annexation plan for the Term of this Agreement. However, if the Area is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Area pursuant to Chapter 43 of the Texas Local Govemment Code. Section 4. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. Section 5. Owner's Obligations. In consideration of the City's agreement not to annex the Area and as a condition of the Area remaining in the City's extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall not to use the Area for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. Section 6. Development and Annexation of Area. (a) Pursuant to Texas Local Government Code §212.172, the following occurrences shall be deemed the Owner's petition for voluntary annexation of the Area, and the Area may subsequently be annexed at the discretion of the City Council: (1) The fling of any type of subdivision plat or related development document for the area with a govemmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. (2) The Area no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Area is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions. (3) The filing for voluntary annexation of the Area into the City by the Owner. (4) The expiration of this Agreement. Page 2 of 8 (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 6(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Section 7. Vested Rights Claims. Pursuant to Texas Local Govemment Code §43.016(e), this Agreement is not a permit for the purposes of Chapter 245, Texas Local Govemment Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 5 herein. The Owner further waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Govemment Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Area following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 8. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners. does not trigger a request for voluntary annexation. Sold portions of the Area deemed an Owner's petition for voluntary annexation of the Area per Section 6 shall not affect the extraterritorial status of Owners of Property in compliance with Section 5. Section 9. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days of such, sale or conveyance. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Section 10. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of San Patricio County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement and constitutes a covenant running with the land. Page 3 of 8 Section 11. Severability. If any provision of this Agreement Is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 12. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 13. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 14. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 15. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 16. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 17. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and In accordance with the laws of the State of Texas. Section 18. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Area into the City. Section 20. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 21. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Page 4 of 8 Entered into this tw day of PAM , 2019. Owner (s) : GJW Partnership Joseph Edward Garrett III Christopher H. Cable Susan Garrett Wright Katherine S. Cable Jason G. Jamieson Melissa L. Jamieson in her capacity as the INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JEFFEREY G. JAMIESON, DECEASED, on behalf of said estate Page 5of8 Entered into this day of , 2019. Owner (s) : GJW Partnership Joseph D. Cable Joseph war Garrett III Christopher H. Cable Susan Garrett W 'ght Kat erine S. Cable Jason G. Jamieson Melissa L. Jamieson in her capacity as the INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JEFFEREY G. JAMIESON, DECEASED, on behalf of said estate \\ Page 5 of 8 K Entered into this _day of Owner (s) : GJW Partnership Joseph D. Cable Joseph Edward Garrett III 2019. Chk;t-,i_t4 Ca2ii-Qe 14(e �Cd i3tL. WerIS slai ucA -N 16 Christopher Cable Susan Garrett Wright Katherine S. Cable Jason G. Jamieson Melissa L. Jamieson In her capacity as the INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JEFFEREY G. JAMIESON, DECEASED, on behalf of saki estate Page5of8 Entered into this day of , 2019. Owner (s) : GJW Partnership Joseph D. Cable Joseph Edward Garrett III Christopher H. Cable Susan Garrett Wright Katherine S. Cable Jason G. Jamieson Melissa L. Jamieson in her capacity as the INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JEFFEREY G. JAMIESON, DECEASED, on behalf of said estate Page 5 of Lnlered into this day of201O Owner (s):GJVVPartnership Joseph D. Cable -------'---------------' Joseph Edward Garrett |I| Christopher H. Cable Susan BarnaUVVright Katherine S. Cable Jason G. Jamieson 11/sa L. Jamieson(i ler capacity as the INDEPENDENT ADMINISTRATOR OF THE ESTATE OF J::p;y G. JAMESON, DECEASED, on behalf ot said estale |':g,5"[8 STATE OF TEXAS COUNTY OF MI Fc ES This instrument was acknowledged before me on the / 6 fA day of /V G y 2019, by Joseph D. Cable, Owner. STEPHEN L MCNELL My Notary 10 # 195728 Expire, 73,, 2022 STATE OF TEXAS COUNTY OF 7/f)--(7/ Nota Public, State of Texas This instrument was acknowledged before me on the day of 2019, by Joseph Edward Garrett, HI, Owner. STATE OF TEXAS COUNTY OF Notary Public, State of Texas This instrument was acknowledged before me on the day of 2019, by Christopher H. Cable, Owner. STATE OF TEXAS COUNTY OF Notary Public, State of Texas This instrument was acknowledged before me on the day of 2019, by Susan Garrett Wright, Owner. Notary Public, State of Texas Pagc6of' 8 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2019, by Joseph D. Cable, Owner. STATE OF TEXAS COUNTY Notary Public, State of Texas This instrument was acknowledged before me on the g ) to day of , ett, III, Owner.' LI DA `.*r •= MY COMMISSION EXPIRES 4-8-100". 8-10 tom MAY 17, 2019 STATE OF TEXAS COUNTY OF ‘,..4au,„u otary Public, State of Texas This instrument was acknowledged before me on the day of 2019, by Christopher H. Cable, Owner. STATE OF TEXAS COUNTY O 1105° Notary Public, State of Texas � This instrument was acknowledged before me on the 1 f 6 ii.f day of , 2019, by Susan Garrett Wright, Owner. (1 n 11)a15 �(4 3 -3 to ary Public, , State of Texas Page 6 of 8 STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 2019, by Joseph D. Cable, Owner. STATE OF TEXAS Notary Public, State of Texas COUNTY OF This instrument was acknowledged before me on the day of 2019, by Joseph Edward Garrett, ID, Owner. STATE OF TEXAS COUNTY OF � Notary Public, State of Texas This instrument was acknowledged before me on the % day of J4'7 u 2019, by Christopher H. Cable, Owner. COUNTY OF Notary Public, State o exas This instrument was acknowledged before me on the day of 2019, by Susan Garrett Wright, Owner. Notary Public, State of Texas Page 6 of 8 STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on the ` v day of 2019, by Katherine S. Cable, Owner. STATE OF TEXAS COUNTY OF otary Public, State of Texa This instrument was acknowledged before me on the day of 2019, by Jason G. Jamieson, Owner. Notary Public, State of Texas STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of 2019, by Melissa L. Jamieson, in her capacity as the independent administrator of the estate of Jefferey G. Jamieson, deceased, on behalf of said estate. Notary Public, State of Texas Page 7 of 8 STATE OF TEXAS COUNTY OF 8 This instrument was acknowledged before me on the day of 2019' by Katherine S. Cable, Owner. STATE OF TEXAS COUNTY OF/ -((i Notary Public, State of Texas /// This instrument vvoaacknowledged before rnaonthe //^' day of 2O19.byJason G.Jamieson, Owner. MARY E. CHEFiRY Mita( y Public, State of Texas !4;:? Comm. Expires oo'11'oozz Notary ID o)nunos STATE OF COUNTY OF -ry Public, S'ba of Texas This instrument was acknowledged before me on the day of 2019, by Melissa L. Jorn|000n, in her capacity as the independent administrator of the estate of Jefferey G. Jamieson, deceased, on behalf of said estate. Notary Public, State of Texas Page 7u[8 STATE OFTEXAS COUNTY OF § This ins(/unlentwas oohnow/(edgedbefore nneonthe day o[ 2019, by Katherine S. Cable, Owner, Notary Public, State of *Texas ST/\TE or TEXAS COUNTY OF This nstiumeni was acknowedged betore me Ofl t.he -- day of 2019, by Jason G. Jamieson, Owner. Notary Public, State of 'Texas STATE OF COUNTY(}F r -P ) FA This instrument was acknowledged before me 00 the day of A L, 2019. by Melissa L Jannieoon, in her capacity as the independent administrator of the estate of Jefferey G. Jarnieson, deceoaed, on behalf of said estate. _ No( Uc. State of City of Corpus Christi: STATE OF TEXAS § COUNTY OF NUECES § This instrument was Cu; Corpus Ch By: IT SFCRfTARv �' AU t NUh►t.1.6 acknowledg - . L� fore mem. cin this 111'k -day of , 2019, by- Le fore Cit y *Secretary, of the City of isti, a Texas home -rule municipal corporation, on behalf of said corporation. ALYSHA SARA BERLANGA ► �o��Y PV ''•, 4 No tD# 13097332-0 ► a* tv? t * Notary Public STATE OF S °'?OF.�,e My Comm. Exp. 01-19-2021 COUNTY OF NUECES § hck Notary Public, State of Texas Thisinstrument was acknowledged before me on this `day of ice- , 2019, by Samuel Keith Selman, Interim City Manager, of the City of Cor us Christi, a Texas home -rule municipal corporation, on behalf of said corporation. APPROVED AS TO FORM: .161,440/4 5-(7- Buck _i7 Buck Brice Assistant City Attorney for the City Attorney date Notary Public, Sta a =xas Page 8 of 8 649208 08/03/2015 02:59:30 PM Page 16 of 33 EXHIBIT B (Legal Description of Grantors' Remaining Land) 393.72 ACRE TRACT A 393,72 ACRE TRACT OF LAND OUT OF A 531.467 ACRE, AS RECORDED 1N DOCUMENT NUMBER 422250, DEED RECORDS , SAN PATRICIO COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 5/8 inch iron rod for the observed southwest corner of a 72.476 acre tract, as recorded in Document No. 596633, Deed Records, San Patricio County, Texas, and for the lower north corner of said 531,467 acre tract, said found rod being on the east right-of-way line of FM 2986, for north corner of the herein described tract; THENCE South 60°05'38" East, with the common line of said 72.476 acre tract and the westerly north line of said 531.467 acre tract, a distance of 758,78 feet to a set 5/8 inch iron rod with a red plastic cap stamped "NAISMITH ENG. C.C., TX" (herein after called set iron rod) for a corner of the herein described tract; THENCE South 37°47'41" East, a distance of 502.65 feet to a set 5/8 inch iron rod for a corner of the herein described tract and the beginning of a curve to the left having a radius of 1597.69 feet, a chord bearing of South 48°55'40" East and a chord distance of 616.99 feet; THENCE with said curve to the left, an arc distance of 620.89 feet to a set iron rod for a corner of the herein described tract; THENCE South 60°03'38" East, a distance of 534,74 feet to a set iron rod for a corner of the herein described tract and the beginning of a curve to right having a radius of 1267.69 feet, a chord bearing of South 43°33'58" East and a chord distance of 719.86 feet; THENCE with said curve to the right, an arc distance of 729.90 feet to a set iron rod for a corner of the herein described tract; THENCE South 27°04' 17" East, a distance of 971.72 feet to a set iron rod for a corner of the herein described tract and the beginning of a curve to left having a radius of 1597.69 feet, a chord bearing of South 42°40' 12" East and a chord distance of 859.22 feet; THENCE with said curve to the left, an arc distance of 869.92 feet to a set iron rod for a comer of the herein described tract; THENCE South 35°27'22" East, a distance of 325,93 feet to a set iron rod for a corner of the herein described tract; THENCE South 65°27'22" East, a distance of 16.53 feet to a set iron rod on the common easterly line of said 531.467 acre tract and the westerly right-of-way line of U.S. Highway 181, for a corner of the herein described tract; 292221v8 16 Exhibit B to Port/Cable-Qarrett Special Warranty Deed - Final 649208 08/03/2015 02:59:30 PM Page 17 of 33 THENCE South 29°52'57" West, with said common line, a distance of 349.41 feet to a calculated point from which a concrete monument found bears North 75°58'37" West, a distance of 1.63 feet, said calculated point also being the beginning of a curve to right having a radius of 5684,58 feet, a chord bearing of South 33°33'20" West and a chord distance of 718.83 feet; THENCE with said curve to the right, an arc distance of 719.31 feet to a set iron rod for a, corner of the herein described tract; THENCE South 37°17'09" West, a distance of 1097.40 feet to a set iron rod for a corner of the herein described tract and the beginning of a curve to left having a radius of 5774.58 feet, a chord bearing of South 35°20'52" West and a chord distance of 460.65 feet; THENCE with said curve to the left, an arc distance of 460.77 feet to a found 5/8 inch iron rod for the southeast corner of said 531.467 acre tract, same being the northeast corner of an 11.15 acre tract, as described in Document Number 596711, recorded in Deed Records of San Patricio County, Texas, for the southeast corner of the herein described tract; THENCE North 60°06'49" West, with the south line of said 531.467 acre tract, a distance of 3101.91 feet to a found 5/8 inch iron rod for a corner of said 531.467 acre tract, same being a corner of a 22.864 acre tract, as recorded in Document Number 341240. Deed Records of San Patricio County, Texas, for a corner of the herein described tract; THENCE North 30°05'03" East, with the common line of said 531.467 acre tract and said 22.864 acre tract, a distance of 337.68 feet to a found 5/8 inch iron rod for a corner of the herein described tract; THENCE North 59°58'01" West, with said common line, a distance of 600.12 feet to a found 5/8 inch iron rod for a corner of the herein described tract; THENCE South 30°00'47" West, with said common line, a distance of 338.71 feet to a found 5/8 inch iron rod for a corner of the herein described tract; THENCE North 60°06'57" West, with said common line, a distance of 1080.98 feet to a found 5/8 inch iron rod for the southwest corner of said 531.467 acre tract, same being the northwest corner of said 22.864 acre tract and being on the east right-of-way line of said FM 2986, for the southwest corner of the herein described tract; THENCE North 30°04'12" East, with the west line of said 531.467 acre tract, same being the east right-of-way line of said FM 2986, parallel to the centerline of FM 2986 and 50.00 feet perpendicular distance thereof, a distance of 4051.34 to the POINT OF BEGINNING and containing 17,150,356 square feet or 393.72 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. 292221v8 17 Exhibit B to Port/Cable-Garrett Spccial Warranty Decd - Final Exhibit D Introduction MUNICIPAL SERVICE PLAN FOR THE LA QUINTA CORRIDOR This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the area annexed ("annexed area") within the area depicted in the attached map ("annexation area") identified in Exhibit B. In accordance with Texas Local Government Code 43.056(b), this Plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this Plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via writ of mandamus requested in accordance with Texas Local Government 43.056(1). a. Services to be provided to the annexed area pursuant to Texas Local Government Code 43.056(b) on the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: The City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third -party contract. Notwithstanding, in accordance with Texas Local Government Code §43.056(n), within the first two years following the date of annexation, the City will not prohibit the collection of solid waste in the annexed area by a privately -owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable. Commercial garbage collection service for non-residential and multi -family uses is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments, and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Currently, there are no City -owned water or wastewater facilities in the annexation -area that are not within the service area of another water or wastewater facility. Upon construction of Corpus Christi owned water or wastewater facilities, the City will operate and maintain water and wastewater facilities in the annexed area. Corpus Christi allows other certificate of convenience and necessity ("CCN") holders to operate and maintain facilities in existing areas of the City and will allow this practice in the annexed area. (6) Operation and Maintenance of Roads and Streets, including Road and Street Lighting: The City will maintain public roads and streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets, and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facilities have been dedicated to the public, in which case the City will be the operator. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently, there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently, there are no such other publicly -owned facilities, buildings, or services identified in the annexation area. If the City acquires any publicly -owned facilities, buildings, or services within the annexed area, an appropriate City department will provide these services. 2 b. Services to be extended to annexed area pursuant to Texas Local Government Code 43.056(a) (1) Water Service: Existing Services: Currently, the City of Portland holds a water CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a water CCN for part of the annexation area. Services to be Provided: The City of Portland will continue to provide water service in part of the annexed area. If provided currently, the City of Gregory will continue to provide water service in part of the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the subject property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the City of Portland holds a wastewater CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a wastewater CCN for part of the annexation area. Services to be Provided: The City of Portland will continue to provide wastewater service in part of the annexed area. If provided currently, the City of Gregory will continue to provide wastewater service in part of the annexed area. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Services to be Provided: Planning and zoning services will be provided by the City's Department of Development Services. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. Any extension of service described in this Plan may be held in abeyance until the landowner requesting services pursuant to this Plan makes application for services through the City's Department of Development Services. (4) Other Municipal Services: Excluding gas and electric services, all other City Departments with jurisdiction in the area will provide services according to City policy and procedure. 3 c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) The City will initiate the construction of capital improvements necessary for providing municipal services for the annexed area as necessary. Landowners in the area are not required to fund capital improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless other -wise agreed to by the landowner. (1) Police Protection: No capital improvements are necessary at this time to provide police services. (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water Facilities: No capital improvements are necessary at this time to provide water services. Upon application, the City will provide water services to the area on the same basis as services provided by the City within its full purpose boundaries. The City has not identified any parts of the annexation area currently requiring capital improvements for water services. Upon identification of capital improvements necessary to provide water service, the City will provide minimum capital improvements necessary to provide adequate service pursuant to Texas Local Government Code §43.056(e) in a continuous process and as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. (6) Wastewater Facilities: No capital improvements are necessary at this time to provide wastewater services. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Roads and Streets: No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. (8) Road and Street Lighting: No capital improvements are necessary at this time to provide services. Lighting in new and existing subdivisions will be 4 installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (10) Other Publicly Owned Facilities, Building or Services: In general, other City functions and services, and the additional services described above can be provided for the annexed area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. (11) Capital Improvements Planning: The annexed area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three - Year Capital Budget program. d. Effective Term This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The Plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be 5 interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules, and regulations of governmental bodies and officers having jurisdiction. q. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service The City will provide "full municipal services" in the annexed area in the manner and time required by Texas Local Government Code 43.056. Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization, and population density. i. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. 6 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 5°52'08" 5684.58' 582.29' S 34°14'46" W 582.04' C2 20°46'42" 2683.60' 973.20' S 35°09'40" E 967.88' C3 41°47'21" 2660.10' 1940.16' S 14°51'46" E 1897.44' C4 37°30'00" 2640.00' 1727.88' S 48°45'00" E 1697.20' C5 55°08'42" 2635.32' 2536.39' N 81°11'52" E 2439.62' <7> ShRiOSFp. eq4; °393 o vek. �? o°RR000/70',1Sc Cr 0 4SbNCge( Cqe q C F � C4 F FS a °p ,sy Co 44,0 O,^ �RSO•'p0 9n' O '/fes kR/RO Cq CT �xgY ✓kq/�ly�/// OF NG�q�SVSgN KNFR4jOP s NpRFsc4 ,0 /Rq�r ROq �N/Y /°Ls st •CT>>/�44c 7 LINE BEARING DISTANCE L1 S 1744'35" E 7066.19' L2 S 03°33'51" W 2214.42' L3 S 79°56'31" W 1703.22' L4 S 78°21'08" W 1306.41' L5 S 72°32'29" W 785.00' L6 N 06°52'54" W 818.87' L7 S 72°38'07" W 739.82' L8 N 25°00'08" W 1982.77' L9 N 03°09'40" W 1083.88' L10 N 09°28'28" E 2708.11' L11 N 58°38'18" W 123.07' L12 N 10°59'08" E 1395.19' L13 N 65°19'15" W 4412.26' L14 S 37°17'09" W 292.39' L15 N 60°41'58" W 4926.50' L16 N 30°04'12" E 2131.73' L17 N 59°55'48" W 100.00' L18 N 30°04'12" E 2281.40' L19 S 35°55'26" E 1359.47' L20 S 29°37'57" E 785.49' L21 S 69°32'29" E 644.34' L22 S 65°19'15" E 594.73' L23 N 09°28'28" E 847.42' L24 N 75°50'29" E 592.65' L25 S 70°29'17" E 1798.62' sok F 0 / 1+' 1 3000 2000 1000 0 • • • 2000 4000 Nei?: /OO RFe41,i '1CR °pC H/N�SF)r/RgMT rS, lF81 /41 44S' GRAPHIC SCALE 1"=2000' OIyAF8•Sf q gFOti ,C0 °OC�gcn UsgCT 0.1; sN, C41 Sp�O/S8C 1. opRQ 636SFN ' pCr6 C5 General Notes: 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 2.) Some features shown on this Survey may be out of scale for clarity. 3.) This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. c0 0 -J 4.) City limits shown on Exhibit received from the City of Portland. 5.) Gregory ETJ shown on Exhibit received from the City of Corpus Christi. G LIMi N J <22 N L24 POINT OF BEGINNING off, FR•> OFRr>g 4C NUS RP'ori of ,, RpRSpC6T8R7446 /Oa, 1,322.02 ACRE ANNEXATION TRACT (57,587,501 SQ. FT.) 930.28 ACRE TRACT (TRACT II) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R.P.R.S.P.C.T. r-- 70.00 ACRE TRACT OWNER: BERRYMAIs PROPERTIES, LTD DOC. NO. 391196 , \ 5 R.P.R.S.P.C.T. CORPUS CH/RS77 BAY S,IN PATFX'10 axon 1 J N' 221.98 ACRE TRACT (TRACT Iv) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R.P.R.S.P.C.T. Fieldnotes, for a 1,322.02 Acre Annexation Tract (Not based on the ground Survey), comprising of 7 Tracts, being portions of a 153.93 Acre Tract of land referenced as Tract I" in a Deed from Land Ventures, Inc. and El Paso Development Company to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 458816, Real Property Records of San Patricio, County, Texas, a 930.28 Acre Tract of land referenced as "Tract 11" in said Document Number 458816, a 138.56 Acre Tract of land described in a Warranty Deed from Joseph D. Cable, Joseph Edward Garrett III, Christopher H. Cable, Susan Garrett Wright, Katherine S. Cable, Jason G. Jamieson, and Melissa L. Jamieson to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 649208, Official Public Records of San Patricio County, Texas, a 393.72 Acre Tract of land recorded in said Document Number 649208, a 72.476 Acre Tract of land and all of a 0.9183 Acre Tract of land described in a Warranty Deed from E.L.D.T. Investments to Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Document Number 656771, said Official Public Records, a 72.476 Acre Tract of land described in a Warranty Deed from Edwin Paul Danford to Berry Contracting, Inc., as recorded in Document Number 537419, said Real Property Records, U.S. 181 (Right -of -Way Varies) and Southern Pacific Rail Road (100' Right -of -Way), as shown on TxDot Right -of -Way Map CRP010104AF, FM Highway 2986, a 100' Wide Public Roadway, as shown on TxDot Right -of -Way Map CRP302601AA. LOCATION MAP N.T.S. Exhibit B Sketch to Accompany 0 - URBAN ENGINEERING 1BPE ARM NO. 145, TBPLS FIRM NO. 10032400 2725 SMARMIER DR, CORPUS CHRIST, TX 78404 PHONE: 361.854.3101 Www.URBANENG.COM DATE: MAY 17, 2019 SCALE: 1"=2000' JOB NO.: 43201.B9.02 SHEET: 1 OF 1 DRAWN BY: C.SRP urbansurveyl®urbaneng.com 02019 by Urban Engineering 0 \ Surveying \43201\0202-I cOuinta\432010002 1322 02 Acre Annexntion DW La Quinta Corridor Annexation Council Presentation May 21, 2019 Annexation Milestones /3/19/2019 City Council Resolution / 3/22/2019 Notice Mailed to Property Owners, Service Providers and Rail Roads /4/23/2019 15t Public Hearing 4/30/2019 2nd Public Hearing i=>. 5/21/2019 Emergency Reading (Annexation Complete) Overview of Annexation Area 136 35 893 0 a/ m _--..--...--..----'-'----'l -- 74 Portland 361 A� x •a Corpus Christi 1 Ingleside Ingleside on!he Bay r' ri - Aransas Pass r 1 I'• Annexation Tract Annexation Area Profile O 1,322 acres (or 2.08 square miles) O 78 % Industrial O 22% Agricultural/Vacant Land O No Dwellings 0 Four Landowners Municipal Service Plan Services to the annexation area shall be provided in accordance with the Municipal Services Plan and comparable to the level of service provided to other parts of the city with similar topography, land use, and population density. Recommendation Staff recommends approval. AGENDA MEMORANDUM One -Reading Ordinance for the City Council Meeting of 5/21/2019 DATE: TO: May 16, 2019 Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 One -Reading Ordinance - Annexation of Up To 5,700 Acres Along the North Side of Corpus Christi Bay CAPTION: Ordinance annexing for full purpose up to 5,700 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city to include said hereinafter described property within said city limits; adopting a service plan; and declaring an emergency. PURPOSE: The purpose of this item is to annex up to 5,700 acres of land in San Patricio County generally located north of Corpus Christi Bay between the Cities of Gregory and Ingleside. BACKGROUND AND FINDINGS: The proposed annexation area includes up to 5,700 acres, including property owned by TEDA TPCO America Corporation, Chemours Company, Occidental Chemical Corporation, Cheniere Land Holdings LLC, and other privately -owned parcels. On March 26, 2019, the City Council approved a resolution that directed the City Manager to move forward with the annexation process, which included two public hearings, the creation of a Municipal Service Plan, and finally the consideration of an ordinance to approve the annexation. Chapter 212 agreements that would allow agricultural properties to be excluded from this annexation were offered to all agricultural land owners. In some areas, the City may also consider creating an Industrial District and using Industrial District Agreements in lieu of annexation. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with City policy and Plan CC Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial area of the city and ETJ." EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal City Manager's Office Utilities Streets FINANCIAL IMPACT: Operating Revenue Parks and Recreation Police Fire Solid Waste Capital X 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 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance for annexation. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance annexing for full purpose up to 5,700 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city to include said hereinafter described property within said city limits; adopting a service plan; and declaring an emergency. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; WHEREAS, on April 30th, 2019, two public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and San Patricio County, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on April 26th, 2019 and made available for public discussion at public hearings on April 30th, 2019; WHEREAS, the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract in accordance with Texas Local Government Code §43.052(h)(1); WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and 1 WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That an approximately 5,371.25 acre tract of land (by reference the "Annexed Area"), more or less, described by metes and bounds and a map in Exhibit A & B, generally located between State Highway 35 and Corpus Christi Bay; and between La Quinta Road and County Road 93 and the western bounds of the City of Ingleside's extraterritorial jurisdiction, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi, save and except the property described and attached as Exhibit C herein in accordance with City Council approved Development Agreements per Local Government Code §43.016, and save and except properties in the industrial district described in and attached as Exhibit D herein in accordance with Texas Local Government Code §42.044. SECTION 3. The Development Agreements attached as Exhibit C herein signed by the City Manager are approved. SECTION 4. The Service Plan attached as Exhibit E is approved, and municipal services shall be provided to the Annexed Area in accordance therewith. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 5. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 6. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. 2 SECTION 7. In accordance with the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial zoning district of "FR" Farm -Rural District SECTION 8. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, .subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 10. The City Secretary is hereby directed to file with the County Clerk of San Patricio, Texas, a certified copy of this ordinance. SECTION 11. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 21st day of May, 2019. 3 21st Day of May 2019 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the City Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Mayor The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith PASSED AND APPROVED this day of , 2019. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor 4 Exhibit A Metes and Bounds of Annexed Area General Notes: 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4206, and are booed on the North American Datum of 1983(2011) Epoch 2010.00, 2.) Some features shown on this Survey may be out of scale for clarity. 3.) This document was prepared under 22 TAC 883.21. does not reflect the results of on on the ground survey, and is not to be used to convey or establish Interests In real property except those rights and Interests implied or established by the creation or reconfiguration of the boundary of the political subdlvlelon for which It woe prepared. 4.) City limits shown on Exhibit received from the City of Portland. 5.) Gregory ETJ shown on Exhibit received from the qty of Corpus Christi. POINT OF STATE HIGHWAY 35 BEGINNING (P.O.W. WIDTH VARIES) (CSJ. N0. N0. 180-8) L6 �1 1 L2 (? 25 2 3 4 5 6 7 L4 9 24 5 371.25 10 22 ACRE L7 L8L970L11 47 11 ANNEXATION TRACT 17 GREGORY ETJ 23 (234,034,936 SQ. FT.) 16 18 73 a, V 12 13 14 15 L14 21 29 20 s44, 0 a SS R 0 TQNo R o Ir044/44,41;404: r `r •°c eo 443 U 49 311 30? 32 37 33 40 39 46 42 L�5 40 4 44 45 CORPUS Ch'IR577 BA LOCATION MAP N.T.S. Exhibit B Sketch to Accomp .11 UR ENGI 7171M mel N0. 145• 2725 MANNER CR, PHONE 361.054.3101 t: May 15, 2019 CALE: 1 =30001 JOB NO.: 43201.89.04 SHEET: 1 OF 2 DRAWN BY: C.SRP urbansurveyl@urbaneng.com 02019 by Urban Engineering Exhibit C Property Save and Excepted from Annexation per Development Agreements in accordance with Texas Local Government Code §43.016 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns parcels of real property in San Patricio County, Texas, which are identified by San Patricio County Appraisal District as Geographic ID: 2139-0243-0000- 006 and 2139-0243-0000-005 and more particularly described in the attached Exhibits "1 & 2" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, that Property is located in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Government Code §43.016(b)(1) requires the City to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Government Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Government Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions Page 1 of 6 of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 3. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. Section 4. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single-family residential and Recreational Vehicle Park use, without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. Section 5. Development and Annexation of Property. (a) Pursuant to Texas Local Government Code §212.172, the following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. (2) Except for existing single-family residential and Recreational Vehicle Park use, the Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions. (3) The filing for voluntary annexation of the Property into the City by the Owner. Darya 7 �.f (4) The expiration of this Agreement. (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 5(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Section 6. Vested Rights Claims. Pursuant to Texas Local Government Code §43.016(e), this Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 5 herein. The Owner further waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners does not trigger a request for voluntary annexation. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days of such sale or conveyance. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Section 9. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of San Patricio County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for Page 3 of 6 the term of this Agreement and constitutes a covenant running with the land. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument thatis executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Section 19. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Aa rYn .4 f Entered into this / day of , 2019. Owner (s) : mes Franklin Price Jr �1� Susan Patricia Hayes Price STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the 7 dayof g 2019, by James Franklin Price Jr, Owner. STATE OF TEXAS COUNTY OF -534'l Nota Public, State of Texas This instrument was acknowledged before me on the / day of 2019, by Susan Patricia Hayes Price, Owne Notary Public, State of Texas Page 5 of 6 City of Corpus Christi: ATTEST: By: Rebecca Huerta City Secretary STATE OF TEXAS COUNTY OF NUECES By: Interim City Manager rf MR; I FL_ SECiterAiv This instrument was acknowledged before me on this 1'1/1 Corpus Christi day of , 2019, by Rebecca Huerta, City Secretary, of the City of Texas home -rule municipal corporation, on behalf of said cor oration. COUNTY OF NUECES § Not.: ry Pu ic, State of Texas This instrument was acknowledged before me on this 1 Le day of , 2019, by Samuel Keith Selman, Interim City Manager, of the City of Cor s Christi, a Texas home -rule municipal corporation, on behalf of said corporation. 0111 A0AY11 ���i, ROZIE CANALES 'e- Notary Public, State of Texas Comm. Expires 01-29-2023 Notary ID 5563117 APPROVED AS TO FORM: L'- 3 -1( - Buck -I( Buck Brice date Assistant City Attorney for the City Attorney Notary Pu , tate of Texas Pawp6of6 THE STATE OF TEXAS COUNTY OF SAN PATRIC10 413031 YHA (*,) .:F.:If.RAI. 11ARI,Nt2T: DEED (Cash) s 5 KNOW ALL HEN BY THESE PRESENTS: THAT TH - UALII KSiGNE'U, EI.I4ER J. GIBSON and WILLIAM MCCAMPBELL GIBSON, Independent Executors and Trustees of the Estate of MARY ELIZABETH GIBSON, Deceased, of the County of Fulton and State of Georgia, hereinafter referred to as "Grantor", whether ono or more, for and in consideration of the sum of TEN DOLLARS 1$10.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein mimed, the receipt and sufficiency of which is hereby fully acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto JAMES F. PRICE, JR., and wife, SUSAN P. PRICE, of the County of San Patricio...and State ;of- Tex v., herein referred to as "Grantee", whether one or more, all Grantor's right, title and interest in and to the real property described as follows: ...may... .r.r ...w ..^r. Field notes of a 11.476 acre tract of land, being part of a 330.58 acre tract conveyed from Mary Elizabeth Git .on to E. J. Gibson by Gift Deed dated December 10, 1582, and recorded in Volume 657, Page 13 of the Deed Records of San Patricio County, Texas; Said 11.476 acre tract is comprised of a portion of the W. W. Smith Surrey, Abstract 243, is situated in San Patricio County, Texas, approximately 1 miles east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod set at the northeast corner of said 330.58 acre tract, for the northeast corner of this tract; Thence S 01 deg. 53' W with the east line of said 330.58 acre tract and the east line of this tract, a distance of 961.79 feet to a 5/8" iron rod set for the southeast corner of this tract; Thence 1' 87 deg. 55' 34" W with the south line of this tract, a distance of 528.79 feet to a 5/8" iron rod set in the east right-of-way line of County Road 93, for the southwest cc-ner of this tract; Thence N 01 dog. 45' 51" 5 with the east line of said County Road 93 and the west line of this tract, a distance of 925.34 feet to ax 5/8" iron rod set in the north line of said 330.58 acre tract, for the northwest corner of this tract; Thence N 88 deg. 08' 33" E with the north line of said 330.58 acre tract and the north line of tLis tract, a distance of 531.85 feet to the place of beginning, containing 11.476 acres, more or less. This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinak.ove described property as now reflected by the records of the County Clerk of San Patricio County, Texas. SUBJECT TO RESERVATION BY THE GRANTOR, AND ITS SUCCESSORS AND ASSIGNS, OF ALL INTEREST IN THE OIL, GAS AND OTHER MINERALS, EXCEPTING FRESH WATER, PRODUCED FROM IT BUT WITHOUT A RESERVATION OF THE RIGHT OF INGRESS AND EGRESS, AND 'THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS ARE PROHIBITED FROM USING THE SURFACE OF THIS TRACT FOR DRILLING, OR OTHER MINERAL EXTRACTING, EQUIPMENT, PLANTS OR PERSONNEL, INCLUDING PRODUCTION EQUIPMENT; 1 of 2 pages nu,n %•)I1U.1 e IIOUEPTS LAW 400K PIIISLISIIING, INC 9116.11 413031 EXHIBIT 1 348'75'5' Ft' Z 4.1:3031 Subject to right -91 -way dated February 4, 1970, executed by E. J. Gibson, vt al to i n -:'A ••'1 C,•ltheripg Co., recorded in Volume 411, Page 104, Deed Records, San Patricio County, Texas; And further subject to a right-of-way c13l.ed August 1, 1950, e:.ecuted by E. . Gibson, et al to Tennessee Ga, Transmission Co., recorded in Volume 166, Page 93, Deed Records, San Patr.icio County, Texas. TO HAVE AHD TO 11010 the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor's heirs, executors, administrators, successors and/or assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or tc claim the same or any part thereof. Current ad valorem taxes on said property 'having been prorated, the payment thereof is assumed by Grantee. EXECUTED this /(f► day of May, 1993. EiMER J. GIBSON, jifidependent Executor and Trustee of the Estate of MARY ELIZABETH UIBSON, Deceased WILLIAM MCCAMPBELL GIBSON, Independent Executor and Trustee of the Estate of MARY ELIZABETH GIBSON, Deceased Grantee's Address: Rt. 1, Box 120 Taft, Texas 78390 THE STATE OF GEORGIA COUNTY OF FULTON The foregoing instrument was acknowleclyed before me on the A% day of May, 1993, by ELMER 3. GIBSON, Independent Executor and Trustee of the Estate of MARY ELIZABETH GIBSON, Deceased. IA? 1r •<r I .•pomMisgioN EXPIRES: i.olii y Public, Fuiton County. Georala My Comagssiongxpires Jan. 17,19%, Font No. v.160.1 • ROOERTS 1AW BOOK PUDLISWNU. INC. 93.1K.Q'1 413031 EXHIBIT 1 NOTARY/PUBLIC, STATE OF GEORGIA PRINTED NAME OF NOTARY 2 of 2 pages 348756 M4 N'J. 413031 THE STATE OF GEORGIA 9 S. COUNTY OF FULTON S The foregoing i.istrument was acknowledged before me on the /3 day of May, 1993, by WILLIAM MCCAMPBELL GIBSON, Independent Executor and Trustee of the Estate of MARY ELIZABETH GIBSON, Deceased. :•; •MY . C9MIISSION EXPIRE ' : Notary Public. Fulton County. Georgia MpyCommission Expires Jan. 17.1994 AFTER RECORDING RETURN To: NOTARY yUBLIC, STATE OF GEORGIA PRINTED NAME OF NOTARY t I1; 0,:.4 F: E ; {1 . (401..y:C l► Northshore Title & Abstr.:ct, Inc. P. O. Box 780 Portland, Texas 78374 G.F.1930409P Among. 14100.1 • ROBERTS LAW BOOK MJfL $11111f. INC. 93.05.07 41,3031 EXHIBIT 1 PREPARED IN THE LAW OFFICE OF: Nathan A. East P. O. Box 1333 Portland, Texas 78374 3 of 2 pages 34875'7 413031 EXHIBIT 1 c g z M O "e. K 3 aasvaona 031NciA103 348'75B 4/24/2419 FILE N SPECIAL WARRANTY DEED 54157` GF #05400078 Date: Febnary 25,2005 Grantor's name and mailing address (including county) Compass Bank, Trustee of the Jean McCampbell Davis Trust, acting by and through its duly authorized officer. P. G. Box 4886 Houston, TX 77210-1886 Harris County Grantee's name and mailing address (including county) James F. Price, Jr. and wife, Susan Price 4290 CR 4343 Aransas Pass, TX 78336 San Patricio County Consideration: Ten dollars and other valuable consideration. Property (including any improvements): See attached Exhibit "A" for property description. Reservations from and exceptions to conveyance and warranty: Grantor hereby reserves unto itself and its heirs and assigns all of the oil, gas and other minerals in and under said property that have not been previously reserved and/or conveyed by predecessors. This conveyance is made and accepted subject to all restrictions, oil and gas and other mineral leases and severances, encroachments, covenants, conditions, rights of way, and easements now outstanding and of record, if any, in said county affecting the described property. Grantor, for the consideration and subject to the reservation from and exceptions to conveyance and warranty, grants, sells, and conveys to grantee the property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to grantee, grantee's heirs, successors, and assigns forever. Grantor binds grantor and grantor's heirs and successors to warrant and forever defend all and singular the property to grantee and grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the EXHIBIT 2 https://www 1/3 4/24/2019 541577 STATE OF TEXAS FIIUE NO. COUNTY OF SAN PATRICIO Field notes of a 22.28 acre tract of land, comprised of a portion of the J. Fisher Survey, Abstract 123, and a portion of the W. W. Smith Survey, Abstract 243, is situated in San Patricio County, Texas, approximately 3 miles east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod with a surveyor's cap stamped "RPLS 1907" set in the east right-of-way line of County Road 4343 (McCampbell Road) and at the southwest comer of a 12.632 acre tract of land conveyed to Raymond E. Hollister by deed recorded in Clerk's File No. 428943 of the Real Property Records of San Patricio County, Texas; for the northwest corner of this tract; Thence N 88° 47' 32" E along the south line of said 12.632 acre tract and the north line of this tract, a distance of 527.09 feet to a 5/8" iron rod found at the southeast corner of said 12.632 acre tract, for the northeast corner of this tract; Thence S 010 01' 19" W along the east line of this tract, a distance of 1829.62 feet to a 5/8" iron rod found at the northeast corner of a 11.476 acre tract of land conveyed to James Price, Jr., by Deed dated May 13, 1993, recorded in CIerk's File No. 413031 of the Deed Records of San Patricio County, Texas; and the northeast comer of a 330.58 acre tract of land conveyed from Mary Elizabeth Gibson to E, J. Gibson by Gift Deed dated December 10, 1982, and recorded in Volume 657, Page 13 of the Deed Records of San Patricio County, Texas; for the southeast corner of this tract; Thence S 87° 32' 11" W along the north line of said 11.476 acre tract the north line of said 330.58 acre tract and the south line of this tract, a distance of 531.82 feet to a 5/8" iron rod found in the east right-of-way line of said County Road 4343 (McCampbell Road), for the southwest corner of this tract; Thence N 010 09' 02" E along the east right-of-way line of said County Road 4343 (McCampbell Road) and the west line of this tract, a distance of 1841.45 feet to the place of beginning, containing 22.28 acres of land, more or less, subject to all easements of record. Bearings in this description were based on a GPS survey NAD 27, Texas South Zone. I, Julius L. Petrus, Jr., Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey .made on the ground, under my supervision, this the 15th day of November 2004. TT/17200 EXHIBIT 2 https://www Registered Professional Surveyor Texas Registration No. 1907 2/3 4124/2019 ' https://www FILE Iga. 541577 claim is by, through, or under grantor but not otherwise except as to the reservations from conveyance and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Compass Bank, Trustee for the Jean Campbell Davis Trust By: elia Simpson,- -President State of Texas County of 1 -k. - This instrument was acknowledged before me on the a'" day of , 2005, by Amelia W. Simpson, Vice -President of Compass Bank, Trustee of the Jean McCampbeli Davis Trust on behalf of said trust. State of Texas THE MTV* TEXAS COUNTY OF SAN FATINClO THAT *1X $$$TRUMEHT ims FLED TARN STAMQED HEREON 8'f ME MO rYNAle tut No. Mt MAL nn0/eltyY RECORDS ALAI MIS CUM COMMSW FAUN* MAN Lina Castillo 1 ,�TURN TO: STEWART TITLE of Corpus Christi, Inc. Attn. Policy Dept• Ste. 325 Corpus Ch 565G S. Stasti, TX 7841*1 f.r rf-c4p4p Z EXHIBIT 2 FILE A10. 541577 FILED FOR RECORD p%sz. otiock_ip_a wR-amw Lina Castillo 42141) 3/3 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns parcels of real property in San Patricio County, Texas, which are identified by San Patricio County Appraisal District as Geographic ID: 2139-0145-0000- 004 and 2139-0145-0000-005 and more particularly described in the attached Exhibit "1 & 2" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, that Property is located in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Government Code §43.016(b)(1) requires the City to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Government Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Government Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions Page 1 of 6 of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 3. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the Property for agriculture, wildlife management, or timber. Section 4. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. Section 5. Development and Annexation of Property. (a) Pursuant to Texas Local Government Code §212.172, the following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. (2) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions. (3) The filing for voluntary annexation of the Property into the City by the Owner. (4) The expiration of this Agreement. DQr (NC (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 5(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Section 6. Vested Rights Claims. Pursuant to Texas Local Government Code §43.016(e), this Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 5 herein. The Owner further waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners does not trigger a request for voluntary annexation. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days of such sale or conveyance. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Section 9. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of San Patricio County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement and constitutes a covenant running with the land. Page 3 of 6 Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Section 19. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Pa OP 4 of 6 Entered into this / day of Owner (s) : James Franklin Price Jr • -642/0/2 glhiVit714 Susan Patricia Hayes Price STATE OF TEXAS COUNTY OF 2019. This instrument was acknowledged before me on the 2019, by James Franklin Price Jr, Owner. P`..... DEBRA TRUITT *( _6 NOTARY PUBLIC • STATE OF TEXAS /4Pi ID# 124594901 "•rFOFj�+' COMM. EXP. 04-05-2021 day of Not. ry Public, State of Texas STATE OF TEXAS § COUNTY OF )Gil) § This instrument was / acknowledged before me on the day of 9 2019, by Susan Patricia Hayes Price, Owner. Al 14 ,AAULA//.iory Public, tate o exas Page 5 of 6 City of Corpus Christi: ATTEST: By: By: Re ecca Huerta City Secretary STATE OF TEXAS COUNTY OF NUECES § Interim City Manager fl1AULHUKLLt.. L. i� iil.NCIL , SECRETARY m� ildS Thi instrument was acknowledged before me on this IL0 day of �L� , 2019, by Rebecca Huerta, City Secretary, of the City of corpus Chris a Texas home -rule municipal corporation, on behyf of said corpeyration. "" ° MONIQUE TAMEZ LERMA 1�O�� Ue4y �t/V° = ID# 1 146231-1 � _ * Notary Public STATE OF TEXAS ",,:,1`::" My Comm. Exp. 01-23-2021 Nota Public, tate of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was City of Cdr corporation. us Christi, acknowledged before me on this d 1..e"Al day of , 2019, by Samuel Keith Selman, Interim City Manager, of the a Texas home -rule municipal corporation, on behalf of said 4YP41�#' ROZIE CANALES ter; _ �;�is Notary Public, State of Texas ',,�\, �P` Comm. Expires 01-29-2023 �iCi4 � N Notary ID 5553117 APPROVED AS TO FORM: 2r:6 5 -loci Buck Brice Assistant City Attorney for the City Attorney date Notary 11' ic, State of Texas Uana A rf( NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL S NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED WITH VENDOR'S LIEN Date: May 13, 2011 11 Grantor. William McCampbell Gibson Grantor's Mailing Address: PO Box 11286, Big Canoe, Georgia 30143-5105 3 PGS DEED 407 Grantees: James Franklin Price Jr. and Susan Patricia Hayes Price Grantees' Mailing Address: 4290 Co Rd 4343, Aransas Pass, Texas 78336 Consideration: Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by Grantees of their one certain promissory note of even date herewith in the principal amount of EIGHTY THOUSAND DOLLARS, AND 00/100 {$80.000.00), payable to the order of William McCampbell Gibson, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees, the payment of which note is secured by Vendor's Lien herein retained, and is additionally secured by a Deed of Trust of even date herewith to KEVIN SCHLEICHER, Trustee. Property (imlig any improvements): That certain real property described in Exhibit "A", attached hereto and incorporated herein by reference for all purposes. Reservations from and Exceptions to Conveyance and Warranty: all liens, easements and covenants of record; all visible andlor apparent easement on, over and across the subject property. Grantor expressly reserves all mineral rights to the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantees the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantees, Grantees' heirs, executors, administrators, sensors, or assigns forever. Grantor hereby binds Grantor and Grantor's successors to warrant and forever defend all and singular the property to Grantees and Grantees' heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, emelt as to the reservations from and exceptions to warranty. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its teams, at which time this deed shall become absolute. When the context requires, singular nouns and pronouns include the plural. [signature on next page] 10019071. 1 EXHIBIT 1 ed, Ace4.44,., William McCampbell Gibson STATE OF GEORGIA COUNTY OF This instrument was acknowledged before me on the 2'4° day of Inv, , 2011, by kf4j AcCo,i Om, Prepared in the Law Office of: KEVIN R. SCHLEICHER 2587 Main .Std P.O. Box 401 Ingleside, Texas 78362 After recording return to: James F. Price, Jr. 4290 Co. Rd. 4343 Aransas Pass, TX 78336 EXHIBIT 1 j�OmaRur. NOTARY PUBLIC, ST TE OF GEORGIA ST.A7E OF TEXAS COUNTY OF SAN PATRIC[O Exhibit "A" 100 ACRES Field notes of a 100 acre tract of land, being out of a 330.58 acre tract of land cor.v.:yed to A. C. Sien, Jr., by Deed recorded in Clerk's File No. 364586 of the Real Prop. rty Records of San Patricio County, Texas; Said 100 acre tract is comprised of a portion of the T. T. Williamson Survey, Abstract 145 and the W. W. Smith Survey, Abstract 243, is situated 3 miles northwest of the town of Ingleside, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set in the east 1 ne of a 372.10 acre tract of land conveyed to J. D. Willis, by Deed recorded in Vo..ume 83, Pane 188 of the Deed Recorc; of San Patricio County, Texas, at the northwest corner of said 330.58 acte tract, for the northwest corner of this tract; Thence N 87° 27' 52" E along the north line of said 330.58 acre tract and the north line of this tract, a distance of 2638.08 feet to a 5/8" iron rod with surveyor's cap stained "RPLS 1907" set in the west right-of-way line of County Road 4343 (Old Coun y Road 93), for the northeast corner of this tract; Thence S 01 ° 07' 23" W along the west right-of-way line of said County Road 4343 and the cast line of this tract, a distance of 1690.37 feet to a 5/8" iron rod with survet•or's cap stamped "RPLS 1907" set for the southeast corner of this tract; Thence S 87° 2T 52" W across said 330.58 acre tract and along the south line of this tract, a distance of 2526.66_feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set in the cast line of said 372.10 acre tract and the west line of said 330.58 acre t:act, for the southwest corner of this tract; Thence N 02° 39' 22" W along the eas: line of a 372.10 acre tract, the west line of said 3:0.58 acre tract, and the west line of this tract, a distance of 1686.92 feet to the POINT' OF BEGINNING, containing 100 acres of land, more or less, subject to all cases lents of record. Beari iszs in this description are GPS, Texas Slate Plane Coordinate System of NAD 1927, South Zone. FILED AND RECORDED OFFICIN. RELIC ECM 1151°`-;- "aai - Gracie Alaniz-Gonzales, County Clerk San Patricia Texas June 20, 2011 09:53:31 AM FEE: =24.00 DEED EXHIBIT 1 669407 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED WITH VENDOR'S LIEN Date: 47046, 3f) .4 ©3 i / 4 PGS 1IIIi ', I DEED Grantor: William McCampbell.Gibson Grantor's Mailing Address: P.O. Box 11286, Big Canoe, Georgia 30143-5105 Grantees: James Franklin Price. Jr. and Susan Patricia Hayes Price Grantees' Mailing Address: 4290 C. R. 4343, Aransas Pass, Texas 78336 Consideration: Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by Grantees of their one certain promissory note of even date herewith in the principal amount of FORTY THOUSAND DOLLARS and 00/100 ($40.000.00), payable to the order of William McCampbell Gibson, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attomey's fees. the payment of which note is secured by Vendor's Lien herein retained. and is additionally secured by a Deed of Trust of even date herewith to KEVIN SCHLEICl ii:R. Trustee. Property (including any improvements): That certain real property described in Exhibit "A". attached hereto and incorporated herein by reference for all purposes. Reservations from and Exceptions to Conveyance and Warranty: all liens, easements and covenants of record; all visible anchor apparent easements on. over and across the subject property. Grantor expressly reserves all mineral rights to the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty. grants, sells and conveys to Grantees the property. together with alt and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantees, Grantees' heirs. executors. administrators, successors. or assigns forever. Grantor hereby binds Grantor and Grantor's successors to warrant and forever defend all and singular the property to Grantees and Grantees' heirs, executors, adniinistrators, successors. and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereoff, except as to the reservations from and exceptions to warranty. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. When the context requires, singular nouns and pronouns include the plural. EXHIBIT 2 STATE OF GEORGIA COUNTY OF � k),„. Arioz William McCampbell Gibson This instrument was acknowledged before me on the ei day of —3"KAI , 2013, by William McCampbell Gibson. Prepared in the Law Office of: KEVIN R. SCHLEICHER 2587 Main Street P.O. Box 401 Ingleside, Texas 78362 After recording return to: James F. Price, Jr. 4290 C. R. 4343 Aransas Pass, TX 78336 EXHIBIT 2 V4Ei4 NOTARY PUBLIC, STATE OF GEORGIA 372 10 Acres J. O- Yaks Vol. 83. Page 188 D. R., S. P. C.. Tx. .=n t � M :.y ;gY Nis .tg z N 8T 27' 52" E 1C Ares _ernes Ftonktlr Pryce, Jr . et '11 Clerks File No. 609407 0. P. R.. 5. P. C.. Tx. T. T. wuaas'N A66TRAGT - 145 O — DENOTES A 5/8" IRON ROD WITH SURVEYOR'S CAP STAMPED "RP15 1907- 1320.00' : REtexN0cR 3'.G 58 Ac 330.58 Acres Mary Elizobeth Gibson Vol. 560. Pg. 148 0. R.. S. P. C.. Tx. Bearings ore CPS. Texas State Plane Coordinate System of NAD 1927, South Zone. The FEMA Flood Mops show that the property described herein is located in Flood Zone X. An oreo with minimal flooding. Community—Ponel No. 4855060440D. Map Revised on August 4, 2004. Please check with your Tocol floodplain administrator for base flood elevation. There may be existing pipelines not shown on this plat. Use the Texas One Call System to locate pipelines before performing any excavation on this property. A metes and bounds description was prepared in conjunction with this plot. PLAT SHOWING SURVEY OF A 50.00 ACRE TRACT OF LAND BONG OUT OF THE T. T. WILUAMSON SURVEY. ABSTRACT 145 SAN PATRICIO 000N1Y, TEXAS SCALE 1" = 400 FEET I, Julius L. Petrus, Jr., Registered Professional Lond Surveyor of Texas, this plot represents on actual survey mode under my direction, to the and ability, this the 10th day of June, 2013. rP��_ of rF G\STER , King & Petrus, Inc. P. 0. Box . 606 Sinton, Texos 78387 Phone 361-364-2622 Fox 361-364-2641 C;\RAR\22300\22390 C:\MAPDATA\DATA\ 13259SAN\R IN • J. L. PE• TRUS JR. •0 1907 v• `'94Y ��F£SS \0��44 SUR`lF'� do hereby state that best of my knowledge Registered Prof. Land Surveyor Texas Registration No. 1907 EXHIBIT 2 'y. STATE OF TEXAS COUNTY OF SAN PATRICIO 50.00 ACRES Field notes of a 50.00 acre tract of land, being out of a 330.58 acre (Tract B-2) tract of land conveyed to Mary Elizabeth Gibson by Partition Deed dated August 8, 1977 and recorded in Volume 560. Page 148 of the Deed Records of San Patricia County, Texas: Said 50.00 acre tract is comprised of a portion of the T. T. Williamson Survey, Abstract 145, is situated in San Patricia County, Texas, approximately 3 miles northwest of the town of Ingleside, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set in the west line of said 330.58 acre tract and at the southwest corner of an 100 acre tract of land conveyed to James Franklin Price, Jr., et ux, by Deed recorded in Clerk's File No. 609407 of the Real Property Records of San Patricia County, Texas; for the northwest corner of this tract; whence the northwest corner of said 330.58 acre tract bears N 02°39' 22" W, a distance of 1686.92 feet; Thence N 87° 27' 52" E along the south line of said 100 acre tract and the north line of this tract, a distance of 1320.00 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set for the northeast corner of this tract; Thence S 02° 39' 22" E along the east line of this tract, a distance of 1650.00 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set for the southeast corner of this tract; Thence S 87° 27' 52" W along the south line of this tract, a distance of 1320.00 feet to a 5/8" iron rod with surveyor's cap stamped"RPLS 1907" set in the west line of said 330.58 acre tract. for the southwest corner of this tract. Thence N 02° 39' 22" W along the west line of said 330.58 acre tract and the west line of this tract, a distance of 1650.00 feet to the point of beginning, containing 50.00 acres of land, more or less, subject to all easements of record. Bearing are GPS, Texas State Plane Coordinate System of NAD, 1927. South Zone. 1, Julius L. Petrus, Jr., Registered Professional Land Surveyor of 1 exas, do hereby state that this description represents an actual survey made on the ground this the 10'" day of lune, 2013. Registered Professional Land Surveyor Texas Registration No. 1907 RAR:22390 A plat was prepared in conjunction with this description. EXHIBIT 2 FILED AND RECORDED OFFICIN. RELIC RECORDS d46006W&a Artie40_ Gracie Alaniz—Gonzales, County Clerk San Patricia Texas July 30, 2013 10:45:25 AM FEE: $28.00 DEED 63 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns parcels of real property in San Patricio County, Texas, which are identified by San Patricio County Appraisal District as Geographic ID: 2139- 0243-0000-002 (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, that Property is located in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Government Code §43.016(b)(1) requires the City to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Government Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Government Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Page 1 of 6 Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 3. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the Property for agriculture, wildlife management, or timber. Section 4. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. Section 5. Development and Annexation of Property. (a) Pursuant to Texas Local Government Code §212.172, the following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. (2) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions. (3) The filing for voluntary annexation of the Property into the City by the Owner. (4) The expiration of this Agreement. (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Page2of6 Section 5(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Section 6. Vested Rights Claims. Pursuant to Texas Local Government Code §43.016(e), this Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 5 herein. The Owner further waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners does not trigger a request for voluntary annexation. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days of such sale or conveyance. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Section 9. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of San Patricio County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement and constitutes a covenant running with the land. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Page 3 of 6 Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Section 19. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Page 4of6 Entered into this ..5 day of /4/2c , 2019. Owner: OHM SURFACE, LLC By: Mary Lynn Bode, Manager By: Kimse'tavis, Manager STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2019, by, Mary Lynn Bode, Manager for OHM SURFACE, LLC, Owner. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF .5cn Ck4(rau § This instrument was acknowledged before me on the 1 Sly' day of 2019, by, Kimsey Davis, Manager for OHM SURFACE, LLC,Owner. IALLt - At' Notary Public, State of T I.Y�?j ., LISA PRICE HENRY �. f 4 °' '' .f. Notary Public, State of Texas '= Notary ID # 13107014-2 \�+�y� My Commission Expires •.,' .°...... ••• April 3, 2021 Page 5 of 6 Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Section 19. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Entered into this /edayof Owner: OHM SURFACE, LLC By: Kimsey Davis, Manager STATE OF TEXAS COUNTY OF VI jov,.g This instrument was acknowledged before me on the 6-1.k day of , 2019, by, Mary Lynn Bode, Manager for OHM SU' E, LLC, Owner. gnu Notary Public, tate of Texas STATE OF TEXAS § COUNTY OF ANU GUPTA My Commission Expires July 20, 2019 This instrument was acknowledged before me on the /S ay of , 2019, by, Kimsey Davis, Manager for OHM SURFACE, LLC,Owner. Notary Public, State of Texas Page 2of2 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Samuel Keith Selman City Secretary Interim City Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. City of Corpus Christi: ATTEST: By: - - By:i„ witgil. 4/44 • mue Ke Ai, pity Se retary Interim City Manager 766 V3flJAUItiUILL ., stC4 L � 1 I� 4�1 I SECR TARV STATE OF TEXAS § COUNTY OF NUECES § This •nstrument was acknowledg=, '- --mg- this da of 2019, by :: r -r'= b: = = , uitrSecretary, of the City of Corpus Ch isti, a Texas home -rule municipal corporation, on behalf of said corporation. STATE OF TEXAS COUNTY OF NUECES Notary Public, State of Texas 0-4 This , instrument was acknowledged before me on this day of , 2019, by Samuel Keith Selman, Interim City Manager, of the pus Christi, a Texas home -rule municipal corporation, on behalf of said City of corporation. AY V't ROZIE CANALES ,4 %`� =Notary Public, State of Texas �� '� Comm. Expires 01-29-2023 �''%►°;,`° Notary ID 5553117 APPROVED AS TO FORM: 13Tiv,A bQ/a 0-11 Buck Brice Assistant City Attorney for the City Attorney date Notary PY•Iic, State of Texas Page 6of6 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns parcels of real property in San Patricio County, Texas, which are identified by San Patricio County Appraisal District as Geographic ID: 2139-0269-0002- 000 and Geographic ID: 2139-0291-0000-000 (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, that Property is located in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Government Code §43.016(b)(1) requires the City to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Government Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Government Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions Page 1 of 6 of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code, Section 3. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the Property for agriculture, wildlife management, or timber. Section 4. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. The above covenants by Owner shall continue in effect until Owner submits to the City a petition for voluntary annexation of the Property so long such petition is not withdrawn, or the parties otherwise agree to an industrial district agreement under Chapter 43 of the Texas Local Government Code or some subsequent agreement of the parties modifying this provision. Section 5. Development and Annexation of Property. (a) Pursuant to Texas Local Government Code §212.172, the following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. (2) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions. Page 2 of 6 (3) The filing for voluntary annexation of the Property into the City by the Owner. (4) The expiration of this Agreement. (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 5(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Section 6. Vested Rights Claims. Pursuant to Texas Local Government Code §43.016(e), this Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 4 herein. The Owner further waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners does not trigger a request for voluntary annexation. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days after the closing of any such sale or conveyance. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Page 3 of 6 Section 9. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of San Patricio County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement and constitutes a covenant running with the land. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party, Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Section 19. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Page 4 of 6 Section 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Entered into this 1 day of , 2019. Owner: CHEMOURS COMPANY FC LLC /774 r�r Mark D. Staub Vice President & Chief Tax Officer kJ STATE OF DELAWARE COUNTY OF NEW CASTLE This instrument was acknowledged before me on the day of /k.kGL , 2019, by, Mark D. Staub, Vice President & Chief Tax Officer for Chemours Comp ny FC LLC, a Delaware limited liability company, on behalf of said company. Nof ry Public, Stajfe of Delaware Pages of 6 City of Corpus Christi: ATTEST: B y: -Rob- , : • r -. City f.ecretary STATE OF TEXAS COUNTY OF NUECES cuit This instrument was acknowledged , 2019, by Corpus Chr ti, a Texas home -rule municipal �� 4 "'—�A— 1' By: ALYSHA SARA BRLANGA = ID# 13097332-0 *; Notary Public STATE OF TEXAS My Comm. Exp. 01-19-2021 STATE OF TEXAS COUNTY OF NUECES amuel Keith Selman Interim City Manager 4UTHORILt f I /3 me..pn this day of ity Secretary, of the City of corporation, on behalf of said corporation. Notary Itka ect7 ublic, State of Texas �v This stru ent was, acknowledged before me on this �1 d y of i�-- , 2019, by Samuel Keith Selman, interim City Manager, of the City of orp s Christi, a Texas home -rule municipal corporation, on behalf of said corporation. ERICA D GARC-IA Notary Public, State of Texas My Commission Expires September 2, 2019 APPROVED AS TO FORM: -41,1 Buck Brice date Assistant City Attorney for the City Attorney Notary Public, ate—of Texas Page 6 of 6 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns parcels of real property in San Patricio County, Texas, which are identified by San Patricio County Appraisal District as Geographic ID: 0336- 2000-0003-002, 0336-2000-0005-001, and 0336-2000-0005-050 and more particularly described in the attached Exhibit "1, 2 and 3" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, that Property is located in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Government Code §43.016(b)(1) requires the City to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Government Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Government Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the Property, its immunity from annexation by the City, and its Page 1 of 6 immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 3. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the Property for agriculture, wildlife management, or timber. Section 4. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. Section 5. Development and Annexation of Property. (a) Pursuant to Texas Local Government Code §212.172, the following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the Property, regardless of how the Property is appraised for ad valorem tax purposes. (2) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions. (3) The filing for voluntary annexation of the Property into the City by the Owner. (4) The expiration of this Agreement. Page 2 of 6 (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 5(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Section 6. Vested Rights Claims. Pursuant to Texas Local Government Code §43.016(e), this Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 5 herein. The Owner further waives any and all vested rights and claims that the Owner may have under §43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners does not trigger a request for voluntary annexation. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days of such sale or conveyance. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Section 9. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of San Patricio County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement and constitutes a covenant running with the Page 3 of 6 land. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Section 19. Reservation of City Rights. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Page 4 of 6 Entered into this 1 loday of r , 2019, Owner TEDA TPCO America Corporation Xuegiang Zhu President STATE OF TEXAS COUNTY OF alft-Rki § ATTEST: By: Title: Date: This instrument was acknowledged before me on the , 2019, by Xuecliang Zhu, President of TEDA TPCO Delawar- corporation, on behalf of said corporation. day of merica Corporation, a Notary Publi/State of Texas Page 5 of 6 City of Corpus Christi: ATTEST: By: _City Secretary STATE OF TEXAS COUNTY OF NUECES • By: amue Keith Selman Interim City Manager (7159 AuThuKILL4 TY CONCH. 6 SECRETARY This instrument was acknowledged, b- 're me _pn this 11 1-4" day of 2019, by a., . . , - - ii--------; --, . - - . , City Secretary, of the City of Corpus Ch) sti, a Texas home -rule municipal corporation, on behalf of said corporation. , _....._ Is. Is.1 for,p4:\ ALYSHA SARA BERLANGA ID# 13097332-0 4 :s) * Notary Public STATE OF TEXAS 4 ''',t„My Comm. Exp. 01-19-2021 STATE OF TEMS COUNTY OF NUECES § nhoL Ct Sa-rr-L- ry Public, State of Texas This instrum t was acknowledged before me on this 1in?' day of , 2019, by Samuel Keith Selman, Interim City Manager, of the City of C pus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. APPROVED AS TO FORM: Buck Brice Assistant City Attorney for the City Attorney date gNotaryrP ic, State of Texas Page 6 of 6 Exhibit D Property Save and Excepted from Annexation per Industrial Districts in accordance with Texas Local Government Code §42.044 Exhibit D ORDINANCE AUTHORIZING THE ESTABLISHMENT OF INDUSTRIAL DISTRICTS NO. 5, 6, AND 7 WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS; AND AUTHORIZING INDUSTRIAL DISTRICT AGREEMENTS WITH VARIOUS PROPERTY OWNERS WITHIN THE INDUSTRIAL DISTRICTS IN SAN PATRICIO COUNTY; AND DECLARING AN EMERGENCY. WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, the City Council passed Ordinance No. 029958 to reestablish the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1" and "Industrial District No. 2"; and WHEREAS, an area of the City's extraterritorial jurisdiction has been informally referred to as Industrial District No. 3 and the use of such name for a new Industrial District may cause confusion; and WHEREAS, the City Council created Industrial District No. 4 by Ordinance No. 031721; and WHEREAS, it is in the best interests of the citizens of the City of Corpus Christi to create additional industrial districts to be named Industrial District No. 5, Industrial District No. 6, and Industrial District No. 7 over a portion of the City's Extraterritorial Jurisdiction in San Patricio County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Industrial District No. 5 is hereby established as described in Metes and Bounds Description of Industrial District No. 5 attached hereto and incorporated herein. SECTION 3. Industrial District No. 6 is hereby established as described in Metes and Bounds Description of Industrial District No. 6 attached hereto and incorporated herein. SECTION 4. Industrial District No. 7 is hereby established as described in Metes and Bounds Description of Industrial District No. 7 attached hereto and incorporated herein. SECTION 5. The City may create new Industrial Districts, and expand or diminish the size of any Industrial District and the City hereby reserves all rights and powers it may have or acquire to revoke in whole or in part the creation of all or any part of an Industrial District, except to the extent that it has agreed not to do so in any industrial district agreement. SECTION 6. The City Council approves and authorizes industrial district agreements with owners and lessees of land and improvements included within the newly created Industrial Districts, in substantially the form attached hereto and incorporated herein as Industrial District Agreement. The City Manager, or his designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. SECTION 7. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 21st day of May, 2019. PASSED AND APPROVED, this the day of , 2019. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Metes and Bounds Description of Industrial District No. 5 NASHTEC L.L.C. 4.3917 ACRES METES AND BOUNDS DESCRIPTION Being 4.3917 acres of land situated in the Thomas T. Williamson Survey (Abstract No. 290) in San Patricio County, Texas and being out of and a part of the remainder of a called 1,610.0 acre tract of land described in a Warranty Deed from BPU Reynolds, Inc. to Sherwin Alumina, L.P., dated August 10, 2001, recorded in Instrument #502130 of the San Patricio County Official Records. Said 4.3917 acre parcel being more particularly described as the following described 7.4984 acre parcel less and except the following three (3) tracts of land (situated within or inside the boundaries of said 7.4984 acres) described in a Special Warranty Deed from Sherwin Alumina, L.P. to Nashtec L.P., dated December 17, 2004, recorded in Instrument #539596 of the San Patricio County Official Records: 1) that 2.557 acre tract described as Parcel A 2) that 0.5474 of an acre tract described as Parcel B 3) that 0.0023 of an acre tract described as Parcel C All deed references herein are to said San Patricio County Official Records unless otherwise noted. Metes and bounds description of said 4.3917 acres is as follows: BEGINNING at a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the northeast corner of said 4.3917 acre parcel, from which a 5/8" iron rod with plastic cap stamped "RPLS 3583" found in the southerly East line of said 1,610.0 acres, for the South corner of the Reynolds/Alcoa called 341.3 acre tract of land described as Retained Tract #2 recorded in Instrument #502130 bears North 26° 03' 09" East, a distance of 453.94 feet; THENCE across and severing said Sherwin Alumina, L.P. remainder of 1,610.0 acre tract, the following sixteen (16) courses: 1) South 00° 27' 45" East for a distance of 1,399.65 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 2) South 89° 18' 17" West for a distance of 118.98 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 3) South 00° 05' 37" East for a distance of 222.82 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 4) North 89° 22' 02" East for a distance of 120.35 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 5) South 00° 28' 16" East for a distance of 116.61 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the southeast corner of said 4.3917 acre parcel, from which a concrete monument found for reference in the southerly East line of said 1,610.0 acres bears South 06° 05' 15" East, a distance of 1,930.11 feet; 6) North 89° 14' 09" West for a distance of 269.30 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the southwest corner of said 4.3917 acre parcel; 7) North 00° 36' 19" West for a distance of 339.02 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; Page 1 of 2, 4.3917 Acre Metes and Bounds Description Metes and Bounds Description of Industrial District No. 5 Page2of5 8) North 89° 35' 34" East for a distance of 18.29 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 9) North 00° 31' 19" West for a distance of 545.70 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 10)North 89° 25' 25" East for a distance of 21.87 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 11)North 00° 27' 10" West for a distance of 118.30 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an interior corner of said 4.3917 acre parcel; 12)South 89° 51' 28" West for a distance of 36.64 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for an exterior corner of said 4.3917 acre parcel; 13)North 00° 14' 01" West for a distance of 156.16 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the southerly northwest corner of said 4.3917 acre parcel; 14)North 89° 26' 59" East for a distance of 172.70 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set in the West line of said Nashtec 0.5474 of an acre tract, for an interior corner of said 4.3917 acre parcel; 15)North 00° 41' 31" West with the West line of said Nashtec 0.5474 of an acre tract, at a distance of 277.42 feet pass a 5/8" iron rod found for the northwest corner of said Nashtec 0.5474 of an acre tract, and continuing for a total distance of 573.50 feet to a 5/8" steel rod with yellow plastic cap stamped "P. Matusek #4518" set for the northerly northwest corner of said 4.3917 acre parcel; 16)North 89° 22' 57" East for a distance of 96.12 feet to the POINT OF BEGINNING, containing 7.4984 acres, more or less, LESS and EXCEPT said 2.557 acre, 0.5474 of an acre, and 0.0023 of an acre tracts, leaving a net acreage of 4.3917 acres of land. All bearings shown herein are referenced to the Texas State Plane Coordinate System, NAD83 (2011 Adj.), Texas South Central Zone No. 4204. The distances shown represent surface values and may be converted to grid by dividing by the surface adjustment factor of 0.99996. I hereby certify the foregoing description was prepared from a survey performed on the ground under my supervision, and represents the facts found at the time of the survey. Patrick Matusek Registered Professional Land Surveyor Maverick Engineering, Inc., Firm # 100491-02 License No. 4518, State of Texas Surveyed December 2, 2016 Page 2 of 2, 4.3917 Acre Metes and Bounds Description Metes and Bounds Description of Industrial District No. 5 Page 3 of 5 METES AND BOUNDS DESCRIPTION OF 3.1067 ACRES OF LAND ALL THOSE CERTAIN THREE PARCELS OF LAND, COMPRISING 3.1067 ACRES OF LAND, MORE OR LESS, OUT OF AN ORIGINAL 436.7 ACRE REMAINDER TRACT SITUATED IN A PORTION OF THE T.T. WILLIAMSON SURVEYS A-290 AND A-291, CONVEYED BY BPU REYNOLDS, INC., A DELAWARE CORPORATION TO SHERWIN ALUMINA, L.P., A TEXAS LIMITED PARTNERSHIP, IN WARRANTY DEED dated August 1, 2001 recorded under Clerk's File No. 502130, Official Real Property Records of San Patricio County, Texas; and Special Warranty Deed dated December 31, 2000, from Reynolds Metal Company, a Delaware Corporation, to BPU Reynolds, Inc., a Delaware Corporation, recorded under Clerk's File No. 20010000017, Official Public Records of Nueces County, said parcels as shown in Sherwin Alumina drawing number 60-Z-1001, being more particularly described as follows, to -wit PARCEL A 2.557 ACRES COMMENCING at a found 5/8 inch iron rod for an east corner of the aforesaid 436.7 acre tract and the south comer of that 341.3 acre tract retained by Reynolds/Alcoa in Document No. 2001000017 of the Official Public Records ofNueces County, Texas in the west line of that 336.47 acre tract recorded in Volume 359, Page 276 of the Deed Records of San Patricio County, Texas; THENCE, with the common line of said 436.7 acre tract and said 336.47 acre tract, S00° 11'42"W 1,178.36 feet to a point; THENCE, leaving said common line, S89°48'18"W 233.00 feet to the POINT OF BEGINNING; THENCE, S00° 11'39"E 508.00 feet to a point; THENCE, with a tangent curve to the right said curve having a central angle of 90°00'00", a radius of 60.00 feet and a chord bearing S44°48'21 "W 84.85 feet, an arc distance of 94.25 feet to a point; THENCE, S89°48'21"W 125.00 feet to a point; THENCE, N00°11'39"W 608.00 feet to a point; THENCE, N89°48'21 "E 145.00 feet to a point; THENCE„ with a tangent curve to the right said carve having a central angle of 90°00'00", a radius of 40.00 feet and a chord bearing S45°11'39"E 56.57 feet, an arc T:1WPF1LES\METES 2004\0409-502 3.1067 ACRES REV1SED.d°c 6/16/04 Page 1 of 3 Metes and Bounds Description of Industrial District No. 5 Page 4 of 5 distance of 62.83 feet to the POINT OF BEGINNING and containing 2.557 acres of land, more or less. PARCEL B 0.5474 ACRES COMMENCING at a found 5/8 inch iron rod for an east comer of the aforesaid 436.7 acre tract and the south comer of that 341.3 acre tract retained by Reynolds/Alcoa in Document No. 2001000017 of the Official Public Records of Nueces County, Texas in the west line of that 336.47 acre tract recorded in Volume 359, Page 276 of the Deed Records of San Patricio County, Texas; THENCE, with the common line of said 436.7 acre tract and said 336.47 acre tract, S00°11'42"W 703.12 feet to a point; THENCE, leaving said common line, N89°48' 18"W 236.23 feet to the POINT OF BEGINNING; THENCE, S00°11'39"E 370.00 feet to a point; THENCE, with a tangent curve to the right said curve having a central angle of 90°00'00", a radius of 40.00 feet and a chord bearing S44°48'21"W 56.57 feet, an arc distance of 62.83 feet; THENCE, S89°48'21"W 19.00 feet to a point; THENCE, N00° 11'39"W 410.00 feet to a point; THENCE, N89°48'21"E 59.00 feet to the POINT OF BEGINNING and containing 0.5474 acres of land, more or less_ PARCEL C 0.0023 ACRES COMMENCING at a found 5/8 inch iron rod for an east corner of the aforesaid 436.7 acre tract and the south comer of that 341.3 acre tract retained by Reynolds/Alcoa in Document No. 2001000017 of the Official Public Records of Nueces County, Texas in the west line of that 336.47 acre tract recorded in Volume 359, Page 276 of the Deed Records of San Patricio County, Texas; T:1WPFJLES\METES 2004\0409-502 3.1067 ACRES REVISED.d°c 6/16/04 Page 2 of 3 Metes and Bounds Description of Industrial District No. 5 Page 5 of 5 THENCE, with the common line of said 436.7 acre tract and said 336.47 acre tract, S00°11'42"W 1,804.72 feet to a point; THENCE, leaving said common line, 889°48'18"W 224.31 feet to the POINT OF BEGINNING; THENCE, with the perimeter of the herein described 0.0023 acre tract, S00°11'39"E 10.00 feet to a point, S89°48'21"W 10.00 feet to a point, N00°11 '39"W 10.00 feet to a point, N89°48'21"E 10,00 feet to the POINT OF BEGINNING and containing 0.0023 acres of land, more or less. NOTE: Bearings are based on the found east line of the aforesaid 436.7 acre tract bearing S00°11'42"W as recorded in Document No. 2001000017 of the Official Public Records ofNueces County, Texas. Mic ael D. Stridde Registered Professional Land Surve Texas No. 3589 (361) 289-1385 T:IWPFILESIMETES 200410409-502 31067 ACRES REV 7 '4 Date Page 3 of 3 Metes and Bounds Description of Industrial District No. 6 Land That certain 253.90 acre tract of land out of a Portion of Lot 5 & Fractional Lot 6, Block "B", Coleman Fulton Pasture Company's Subdivision (known as Gregory Farm Blocks), a subdivision of San Patricio County, Texas, recorded in Volume 1 Page 11-B & Volume 2 Page 11, San Patricio County, Texas Map Records said 253.90 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod set for corner at the intersection of the Southeast right-of- way line of State Highway No. 35 and the Northeast' right-of-way line of the Union Pacific Railroad for the most Westerly and beginning corner of the tract herein described; Thence North 30°-15'-49" East, with the Southeast right-of-way line of said State Highway No. 35, at approximately 10.0 feet pass the Northeast line of a 10 foot wide Southwestern Bell Telephone Company Easement, recorded in File No. 223742, Deed Records, San Patricio County, Texas, at approximately 73.0 feet pass the Northeast line of a 73 foot wide (at this point) Central Power and Light Company Easement, recorded in File No. 506772, Deed Records, San Patricio County, Texas, in all, a distance of 900.00 feet to a concrete monument, found for corner in the North line of said Lot 5, Block "B", the South corner of said Fractional Lot 6, for a corner of the tract herein described; Thence North 880-44'-42" East, with the common corner line of said portion of Lot 5 & Fractional Lot 6, a distance of 20.00 feet to a 5/8 inch iron rod set for an interior corner of the tract herein described; Thence North 42°-38'-10" East, with the Southeast right-of-way line of said State Highway No. 35, a distance of 407.78 feet to a 5/8 inch iron rod found for an interior corner of the tract herein described; Thence North 30°-13'-29" East, still with the South right-of-way line of said State Highway No. 35, a distance of 1,595.59 feet to a concrete monument, found in the North line of said Lot 6, the South line of Lot 7, Block "B", said Coleman Fulton Pasture Company Subdivision, the Southwest corner of a tract of land in the name of J. S. M. McKamey Estates, recorded in Volume 656, Page 516, San Patricio County, Texas Deed Records, for the Northwest corner of the tract herein described; Thence North 880-51'-25" East, with the South line of said Lot 7, the North line of said Fractional Lot 6, the South line of said J. S. M. McKamey Estate, a distance of 2,536.34 feet to a 2 inch diameter iron pin found for the Northeast corner of the tract herein described; Thence South 1 °-13'-34" East, across said Lot 6, a distance of 1,649.67 feet to a 5/8 inch iron rod found in the common line of said Lots 6 and 5, for the upper Southeast corner of the tract herein described; Thence South 88°-44'-42" West, with the common line of said Lot 6 and 5, a distance of 711.40 feet to a 5/8 inch iron rod found for an interior corner of the tract herein described; Thence South 1°-151-18" East, across said Lot 5, at approximately 2,720 feet through approximately 2,830 feet across a 40 foot Water Line Easement, recorded in File No. 103400312 Metes and Bounds Description of Industrial District No. 6 Page2of5 746713, San Patricia County, Texas Deed Records, a 30 foot wide Central Power & Light Company Easement, File No. 506772, San Patricia County, Texas Deed Records and a 10 feet Southwestern Bell Telephone Company Easement, File No. 223742, San Patricia County, Texas Deed Records, in all, a distance of 2,845.60 feet to a 5/8 inch iron rod set for corner in the Northeast right-of-way line of Union Pacific Railroad, that runs Northeast of and adjacent to State Highway No. 361, for the most Southerly corner of the tract herein described; Thence North 60°-02'-44" West, with the Northeast right-of-way line of said the Union Pacific Railroad and running along the Southwest right-of-way line of said 10 foot wide Southwestern Bell Telephone Company Easement, a distance of 4,011.00 feet to the Point of Beginning. Containing 253.90 more or Tess acres of land, 103400312 Metes and Bounds Description of Industrial District No. 6 Page 3 of 5 TRACT 1 Field notes of a 28.596 acre tract of land, being part of a 200 acre tract of land conveyed from Homer R. Hunt, et aI, to Inez Jones and Geneva Jones by Warranty Deed dated September 6, 1961, and recorded in Volume 270, Page 186 of the Deed Records of San Patricio County, Texas; Said 28.596 acre tract is part of Lot 2, Block "B" of the Gregory Farm Blocks Subdivision of the Coleman Fulton Pasture Company Lands as shown on map recorded in Volume 1, Page 1 IB of the Plat Records of San Patricio County, Texas; Said 28.596 acre tract is comprised of a portion of the Geronimo Valdez Survey, Abstract 269, is situated in San Patricio County, Texas, approximately 1 mile east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 3/4" iron pipe found at the southwest corner of said Lot 2, for the southwest corner of said 200 acre tract, and the southwest corner of this tract; Thence N 01° 30' 30" W along the west line of said Block 2, the west line of said 200 acre tract, and the west line of this tract, a distance of 470.12 feet to a 5/8" iron rod set for the northwest corner of this tract; Thence N 88° 27' 47" E along the north line of this tract, at 2629.10 feet pass the southwest corner of a 20 ft. road easement, in all a distance of 2649.10 feet to a 5/8" iron rod set in the east line of said 200 acre tract, at the northeast corner of said 20 ft. road easement, for the northeast comer of this tract; Thence S 01° 30' 20" E along the east line of said 200 acre tract and the east line of this tract, a distance of 470.12 feet to a 5/8" iron rod set at the southeast comer of said 200 acre tract, the southeast corner of said Lot 2, for the southeast corner of this tract; Thence S 88° 27' 47" W along the south line of said 200 acre tract, the south line of said Lot 2, and the south line of this tract, a distance of 2650.17 feet to the place of beginning, containing 28.596 acres, more or less. Metes and Bounds Description of Industrial District No. 6 Page 4 of 5 TRACT 2 Field notes of a 28.596 acre tract of land, being part of a 200 acre tract of land conveyed from Homer R. Hunt, et al, to Inez Jones and Geneva Jones by Warranty Deed dated September 6, 1961, and recorded in Volume 270, Page 186 of the Deed Records of San Patricio County, Texas; Said 28.596 acre tract is part of Lot 2, Block "B" of the Gregory Farm Blocks Subdivision of the Coleman Fulton Pasture Company Lands as shown on map recorded in Volume 1, Page 11B of the Plat Records of San Patricio County, Texas; Said 28.596 acre tract is comprised of a portion of the Geronimo Valdez Survey, Abstract 269, is situated in San Patricio County, Texas, approximately 1 mile east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 5I8" iron rod set in the west line of said Lot 2, and west line of said 200 acre tract, for the southwest corner of this tract, whence a 3/4" iron pipe found at the southwest corner of said Lot 2 and southwest corner of said 200 acre tract, bears S 01° 30' 30" E, a distance of 470.12 feet; Thence N 01° 30' 30" W along the west line of said Lot 2, the west line of said 200 acre tract, and the west line of this tract, a distance of 470.31 feet to a 5/8" iron rod set for the northwest corner of this tract; Thence N 88° 27' 47" E along the north line of this tract, at 2628.03 feet pass the west line of a 20 ft. road easement, in all a distance of 2648.03 feet to a 5/8" iron rod set in the east line of said 200 acre tract and east line of said 20 ft. road easement, for the northeast corner of this tract; Thence 5 01° 38' 20" E along the east line of said 200 acre tract, the east line of said 20 ft. road easement, and the east line of this tract, a distance of 470.31 feet to a 5/8" iron rod set at the southeast comer of said 20 ft. road easement, for the southeast corner of this tract; Thence S 88° 27' 47" W along the south line of this tract, at 20 feet pass the southwest corner of said 20 ft. road easement, in all a distance of 2649.10 feet to the place of beginning, containing 28.596 acres, more or less. 601740747.8 Metes and Bounds Description of Industrial District No. 6 Page 5 of 5 Less and except all of that portion of the above-described property lying and being within the Extraterritorial Jurisdiction for the City of Gregory. This exception generally described as follows; Beginning at a 5/8 inch rod set for corner at the intersection of the Southeast right-of-way line of State Highway No. 35 and the Northeast right-of-way line of the Union Pacific Railroad for the most Westerly and beginning corner of the tract; Thence North 30-15'-49" East, with the Southeast right-of-way line of said State Highway No. 35, at approximately 10.0 feet pass the Northeast line of a 10 foot wide Southwestern Bell Telephone Company Easement, recorded in File NO. 223742, Deed Records, San Patricio County, Texas, at approximately 73.0 feet pass the Northeast line of a 73 foot wide (at this point) Central Power and Light Company Easement, recorded in File No. 506772, Deed Records, San Patricio County, Texas, in all, a distance of 900.00 feet to a concrete monument, found for corner in the North line of said Lot 5, Block "B", the South corner of said Fractional Lot 6, for a corner of the tract herein described; Thence North 88-44'-42" East with the common corner line of said portion of Lot 5 & Fractional Lot 6, a distance of 20.00 feet to a 5/8 inch rod set for an interior corner of the tract; Thence North 42-38'-10" East, with the Southeast right-of-way line of said State Highway No. 35, a distance of 407.78 feet to a 5/8 inch rod found for an interior corner of the tract; Thence North 30-13'-29" East, still with the South right-of-way line of said State Highway No. 35, a distance of 821.91 feet to intersection of said State Highway No. 35 South right-of-way and the Gregory Extraterritorial Jurisdiction; Thence following the Gregory Extraterritorial Jurisdiction along a curve with a radius of 2,816.471, angle 53-25-46 and at a Chord Direction of South 0-44-25 East to the intersection of said Gregory Extraterritorial Jurisdiction and the Northeast right-of-way line of Union Pacific Railroad, that runs Northeast of and adjacent to State Highway No. 361, for the most Southerly corner of the tract herein described; Thence North 60 02' 44" West, with the Northeast right-of-way line of said the Union Pacific Railroad and running along the Southwest right-of-way line of said 10 foot Southwestern Bell Telephone Company Easement, a distance of 1,278.19 feet to the Point of Beginning. Metes and Bounds Description of Industrial District No. 7 STATE OF TEXAS COUNTY OF SAN PATRICIO PROPERTY DESCRIPTION 138.04 ACRES } } All of that certain tract or parcel containing 138.04 acres situated in the T. T. Williamson Survey, Abstract No. 290 and Abstract No. 291 of San Patricio County, Texas and being a part of the same property described as 341.3 acres (A/K/A Renolds/Alcoa Retained Tract #2) in Deed recorded in Clerk's File No. 502131 of the Official Public Records of San Patricio County, Texas and all of the same property described as 18.40 acres recorded in Volume 495, Page 420 of the Deed Records of San Patricio County, Texas and a part of the original 1665.222 acre tract described in Volume 169, Page 48 of the Deed Records of San Patricio County, Texas. This 138.04 acres is more particularly described by metes and bounds as follows: COMMENCING at an existing concrete monument located in the South Right -of -Way line of State Highway 361 and at the Northeast corner of the above referenced 341.3 acre tract and the Northwest corner of a San Patricio Municipal Water District 3.31 acre tract as recorded in Clerk's File No. 468583 of the Official Public Records of San Patricio County, Texas and for the Northeast corner of a 203.20 acre tract also surveyed on this day; from which the Northeast corner of the above referenced 1665.222 acre tract bears: North 00° 30' 03" West, 115.98 feet; THENCE South 00° 30' 03" East [deed call = South 00° 01' 15" East], with the East line of said 1665.222 acre tract and the West line of the said 3.31 acre tract, a distance of 1528.96 feet to a 518 inch iron rod with plastic cap set for the Southeast corner of the said 203.20 acre tract and the PLACE OF BEGINNING of this 138.04 acres being described; THENCE South 00° 30' 03" East [deed call = South 00° 01' 15" East], with the East line of said 1665.222 acre tract and the West line of the said 3.31 acre tract, a distance of 1,398.19 feet to an existing concrete monument located at a East corner of the said 1665.222 acre tract and Northeast corner of a above referenced 18.40 acre tract for the upper southeast corner of this 138.04 acres being described; THENCE South 44° 42' 45" West [deed call = South 45° 10' 34" West], with the common line of said 18.40 acre tract and a 336.47 acre tract described in deed recorded in Volume 359, Page 276 of Deed Records of San Patricio County, Texas, a distance of 494.98 feet [deed call = 494.97 feet] to an existing concrete monument located at a corner of the said 18.40 acre tract and the said 341.3 acre tract for corner of this 138.04 acres being described; THENCE South 89° 43' 59" West [deed call = North 89° 49' 19" West], with the common line of said 18.40 acre tract and the said 336.47 acre tract, a distance of 2115.01 feet [deed call = 2115.11 feet] to the Southwest corner of said 18.40 acre tract and a corner of said 336.47 acre tract for an interior corner of this 138.04 acres being described; Page 1 6924-001-138acres.doc Metes and Bounds Description of Industrial District No. 7 Page2of3 PROPERTY DESCRIPTION 138.04 ACRES (continued) THENCE South 00° 16' 59" East [deed call = South 00° 11' 42" West], with a line of said 336.47 acre tract, a distance of 467.22 feet [deed call = 466.28 feet] to an existing 5/8 inch iron rod located at the most southerly corner of the said 341.3 acre tract for the most southerly corner of this 138.04 acres being described; THENCE with the lines of the said 341.3 acre tract with the following courses and distances: North 61° 06' 41" West [deed call = North 60° 36' 17" West], 293.64 feet [deed call = 293.53 feet] to an existing 5/8 inch iron rod, North 88° 02' 46" West [deed call = North 87° 34' 21" West], 141.16 feet [deed call = 141.09 feet] to an existing 5/8 inch iron rod, North 56° 03' 38" West [deed call = North 55° 41' 42" West], 89.50 feet [deed call = 89.56 feet] to an existing 5/8 inch iron rod, North 01° 22' 05" West [deed call = North 00° 53' 27" West], 611.30 feet [deed call = 611.35 feet] to an existing 5/8 inch iron rod, North 00° 35' 22" East [deed call = North 01° 04' 06" East], 251.72 feet [deed call = 251.78 feet] to an existing 5/8 inch iron rod, North 00° 16' 03" West [deed call = North 00° 12' 53" East], 242.47 feet [deed call = 242.54 feet] to an existing 5/8 inch iron rod, South 89° 53' 16" West [deed call = North 89° 38' 25" West], 656.73 feet [deed call = 656.55 feet] to an existing 5/8 inch iron rod, North 33° 47' 11" West [deed call = North 33° 20' 43" West], 89.85 feet [deed call = 89.86 feet] to an existing 5/8 inch iron rod, North 23° 17' 24" West [deed call = North 22° 52' 09" West], 92.98 feet [deed call = 93.03 feet] to an existing 5/8 inch iron rod, North 01° 02' 13" West [deed call = North 00° 33' 25" West], 322.89 feet [deed call = 322.96 feet] to an existing 5/8 inch iron rod, North 89° 25' 20" East [deed call = North 89° 54' 01" East], 160.78 feet [deed call = 160.89 feet] to an existing 5/8 inch iron rod, North 000 28' 40" West [deed call = North 00° 00' 09" West], 537.78 feet to a 5/8 inch iron rod with plastic cap set for the Southwest corner of the said 203.20 acre tract and for the Northwest corner of this 138.04 acres being described; THENCE North 88° 12' 00" East, crossing the said 341.3 acre tract and with a South line of the said 203.20 acre tract, a distance of 997.94 feet to a 5/8 inch iron rod with plastic cap set for an interior corner of the said 203.20 acre tract and for the North corner of this 138.04 acres being described; THENCE South 65° 43' 27" East, crossing the said 341.3 acre tract and with a South line of the said 203.20 acre tract, a distance of 313.26 feet to a 5/8 inch iron rod with plastic cap set for a corner of the said 203.20 acre tract and for a corner of this 138.04 acres being described; 6924-001-138acres.doc Page 2 Metes and Bounds Description of Industrial District No. 7 Page 3 of 3 PROPERTY DESCRIPTION 138.04 ACRES (continued) THENCE North 89° 57' 47" East, crossing the said 341.3 acre tract and with a South line of the said 203.20 acre tract, a distance of 2,244.27 feet to the PLACE OF BEGINNING, containing within these metes and bounds 138.04 acres. Bearings recited herein are Texas State Plane South Central Zone NAD'83 grid. This property description and a plat were prepared from a survey made on the ground under my direction on May 4, 2015. G & W NGINEERS, INC. TBPL Firm No. 10022101 Henry A. Danysh Registered Professional Land Surveyor, No. 5088 6924-001-138acres.doc Page 3 Exhibit E Introduction MUNICIPAL SERVICE PLAN FOR NORTH OF CORPUS CHRISTI BAY This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the area annexed ("annexed area") within the area depicted in the attached map ("annexation area") identified in Exhibit B. In accordance with Tex. Local Gov't Code 43.056(b), this service plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via writ of mandamus requested in accordance with Tex. Local Gov't Code 43.056(1). a. Services to be provided to the annexed area pursuant to Texas Local Government Code 43.056(b) on the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: The City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third -party contract. Notwithstanding, in accordance with Texas Local Government Code §43.056(n), within the first two years following the date of annexation, the City will not prohibit the collection of solid waste in the annexed area by a privately -owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. 1 The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments, and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Currently, there are no City -owned water or wastewater facilities in the annexation area that are not within the service area of another water or wastewater facility. Upon construction of Corpus Christi owned water or wastewater facilities, the City will operate and maintain water and wastewater facilities in the annexed area. Corpus Christi allows other certificate of convenience and necessity ("CCN") holders to operate and maintain facilities in existing areas of the City and will allow this practice in the annexed area. (6) Operation and Maintenance of Roads and Streets, including Road and Street Lighting: The City will maintain public roads and streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets, and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facilities have been dedicated to the public, in which case the City will be the operator. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently, there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently, there are no such other publicly -owned facilities, buildings, or services identified in the annexation area. If the City acquires any publicly -owned facilities, buildings, or services within the annexed area, an appropriate City department will provide these services. 2 b. Services to be extended to annexed area pursuant to Texas Local Government Code 43.056(a) (1) Water Service: Existing Services: Currently, The San Patricio Municipal Water District provides water to industrial customers in part of the annexation area. The Rincon Water Supply Corporation may hold and/or have applied for a water CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a water CCN for part of the annexation area. Services to be Provided: The San Patricio Municipal Water District will continue to provide water service to industrial customers in the annexed area. The City will not interfere with the San Patricio Municipal Water District contracts to provide water in the annexed area. The City will not interfere with the with the San Patricio Municipal Water District's right to contract for water service. If provided currently, the Rincon Water Supply Corporation will continue to provide water service in part of the annexed area. If provided currently, the City of Gregory will continue to provide water service in part of the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the subject property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: The City of Gregory may hold and/or have applied for a wastewater CCN for part of the annexation area. Services to be Provided: If provided currently, the City of Gregory will continue to provide water service in part of the annexed area. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Services to be Provided: Planning and zoning services will be provided by the City's Department of Development Services. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. Any extension of service described in this Plan may be held in abeyance until the landowner requesting services pursuant to this Plan makes application for services through the City's Department of Development Services. 3 (4) Other Municipal Services: Excluding gas and electric services, all other City Departments with jurisdiction in the area will provide services according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) The City will initiate acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The construction of the facili- ties shall be accomplished in a continuous process and shall be completed no later than 2.5 years after the effective date of the annexation, consistent with generally accepted local engineering and architectural standards and practices. Notwithstanding, the con- struction of capital improvements may be interrupted for any reason by circumstances beyond the direct control of the City. The Plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. For services that cannot be reasonably provided within 2.5 years after the effective date of the annexa- tion, the City will provide a schedule to provide such services within 4.5 years after the effective date of the annexation. Landowners in the area are not required to fund capi- tal improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless otherwise agreed to by the land- owner. (1) Police Protection: No capital improvements are necessary at this time to provide police services. (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water Facilities: Upon application, the City will provide water services to the area on the same basis as services provided by the City within its full - purpose boundaries. To the extent the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and Corpus Christi Water Distribution Standards are not inconsistent with Texas Local Government Code Chapter 395, water services to any new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Corpus Christi Water Department standards, which may require the developer of a new subdivision or site to install water lines. 4 (6) Wastewater Facilities: No capital improvements are necessary at this time to provide wastewater services. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Roads and Streets: No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. (8) Road and Street Lighting: No capital improvements are necessary at this time to provide services. Lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (10) Other Publicly Owned Facilities, Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. (11) Capital Improvements Planning: The annexed area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three - Year Capital Budget program. d. Effective Term This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The Plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality 5 with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules, and regulations of governmental bodies and officers having jurisdiction. q. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service The City will provide "full municipal services" in the annexed area in the manner and time required by Texas Local Government Code 43.056. Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization, and population density. 6 i. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. General Notes: 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4206, and are booed on the North American Datum of 1983(2011) Epoch 2010.00, 2.) Some features shown on this Survey may be out of scale for clarity. 3.) This document was prepared under 22 TAC 883.21. does not reflect the results of on on the ground survey, and is not to be used to convey or establish Interests In real property except those rights and Interests implied or established by the creation or reconfiguration of the boundary of the political subdlvlelon for which It woe prepared. 4.) City limits shown on Exhibit received from the City of Portland. 5.) Gregory ETJ shown on Exhibit received from the qty of Corpus Christi. POINT OF STATE HIGHWAY 35 BEGINNING (P.O.W. WIDTH VARIES) (CSJ. N0. N0. 180-8) L6 �1 1 L2 (? 25 2 3 4 5 6 7 L4 9 24 5 371.25 10 22 ACRE L7 L8L970L11 47 11 ANNEXATION TRACT 17 GREGORY ETJ 23 (234,034,936 SQ. FT.) 16 18 73 a, V 12 13 14 15 L14 21 29 20 s44, 0 a SS R 0 TQNo R o Ir044/44,41;404: r `r •°c eo 443 U 49 311 30? 32 37 33 40 39 46 42 L�5 40 4 44 45 CORPUS Ch'IR577 BA LOCATION MAP N.T.S. Exhibit B Sketch to Accomp .11 UR ENGI 7171M mel N0. 145• 2725 MANNER CR, PHONE 361.054.3101 t: May 15, 2019 CALE: 1 =30001 JOB NO.: 43201.89.04 SHEET: 1 OF 2 DRAWN BY: C.SRP urbansurveyl@urbaneng.com 02019 by Urban Engineering Annexation of Up To 5,700 Acres on the North Side of Corpus Christi Bay Council Presentation May 21, 2019 Annexation Milestones 3/19/2019 3/22/2019 4/30/2019 5/21/2019 City Council Resolution to Initiate Process Notice Mailed to Property Owners, Service Providers and Rail Roads 1St & 2nd Public Hearings Emergency Reading (Annexation Complete) Overview of Annexation Area 35 `aJ Corpus Christi Portland Gregory Corpus Christi say Corpus Christi Ship Channel 7.1 a Ingleside 0 on the Bay Ingleside 35 Aransas Pass Esn. Gamin. GEBCO. NOAA NGDC. and other contributors 3 Annexation Tract '/. Corpus Chrls4 Jurisautlon - Note. This area Is baliavedto already be within Corpus Christi Olt,/ Limitshowever it is included in this annexation area to remove any ambiguity Annexation Area Parcel Lines I I City Limits 4 Annexation Area Profile 0 Approx. 5,400 acres (8.44 square miles) O 54% Industrial O 38% Agricultural 0 8% Right of Way 0 One Dwelling O 21 Landowners Municipal Service Plan Services to the annexation area shall be provided in accordance with the Municipal Services Plan and comparable to the level of service provided to other parts of the city with similar topography, land use, and population density. Land Under Agricultural Agreement & Industrial District Agreement Legend Northside C.C. Bay Annex Area Industrial :ietricte 712 AG Agreement?arcel(a) Reference Items =City Lirnit3 I ETJ Parcel Linea Recommendation Staff recommends approval.